Last Updated: December 10, 2020
1. WEBSITE ELIGIBILITY AND DASHBOARD ACCESS.
1.3 Dashboard Access. If you are using the App to collect your golfing information (for example, date and location of each round played, makes and models of clubs used, shot lengths and locations) (“Golf Data”), then you must have a valid and effective subscription (a “Subscription”). Your Golf Data will automatically be uploaded to the Website and made available to you, along with related statistics and analytics, through the dashboard accessible through the Website (the “Dashboard”). If you are using the Dashboard in connection with providing golf club fitting, golf coaching or other permitted services to other Arccos Golf customers (”Permitted Professional Use”), you may be required to obtain a Subscription in order to access the Dashboard for those purposes. In that case, the Dashboard presented to you will contain the Golf Data and other data of the other Arccos Golf subscribers for whom you are providing your services and who have agreed to allow you such access. Following the termination of your Subscription, Arccos Golf may, at its discretion, make your Golf Data and other data inaccessible from the Dashboard, including through the App.
1.4 Geographic Restrictions. Arccos Golf makes no claims that the Website or access to any of its content from outside of the United States is permitted under applicable local law. Access to the Website may not be legal for certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You also represent and warrant that you are (a) not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) not listed on any U.S. Government list of prohibited or restricted parties.
2. INTELLECTUAL PROPERTY RIGHTS.
2.1 Arccos Golf Materials. The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and the App, are owned by Arccos Golf, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except for Permitted Professional Use or as otherwise permitted by a separate agreement with Arccos Golf, you may use the Website for your personal (non-commercial) use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or the App, except to the extent necessary to use the Website as permitted hereunder or in the License Agreement. You must not modify copies of any materials from the Website. Notwithstanding the foregoing, Arccos Golf authorizes you to download, transmit and republish, for your personal (non-commercial) use, screenshots from the Website and the App showing your Golf Data and related statistics and analytics, and images created by the social sharing function of the App, so long as you do not obscure or remove any trademarks on such images.
2.2 Trademarks. ARCCOS, the Arccos Golf logo, and other Arccos Golf trademarks, service marks, graphics and logos used in connection with the Website or App are trademarks or registered trademarks of Arccos Golf (collectively “Arccos Marks”). Other trademarks, service marks, graphics and logos used in connection with the Website or App are the trademarks of their respective owners (collectively “Third-Party Marks”). The Arccos Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Arccos Golf or the applicable trademark holder.
2.4 Feedback. We welcome your feedback and suggestions about the Website, the App, Products and other Arccos materials (“Feedback”). If you provide us with any Feedback, we shall have the right to use such Feedback at our discretion, including to incorporate the Feedback into the Website, the App, Products and other Arccos materials. You hereby grant to Arccos Golf a Use License with respect to your Feedback.
2.5 Content Standards. The following standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, including but not limited to contests, sweepstakes, and other sales promotions, barter, or advertising; and/or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
2.6 Product Use. Except for Permitted Professional Use or as otherwise permitted by a separate agreement with Arccos Golf, you agree to use Products only for personal (non-commercial) purposes and to comply in full with all applicable terms and conditions specified on the Website or in other relevant materials regarding the operation and use of the Products. You agree to not reverse engineer or otherwise violate the intellectual property rights of Arccos Golf or any third party associated with or embodied in any Product.
2.7 Copyright Infringement. If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Arccos Golf to terminate the user accounts of repeat infringers.
- Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of privacy, publicity or other proprietary rights);
- Is unlawful, fraudulent, or deceptive;
- Violates any applicable law or regulation;
- Uses technology or other means to access unauthorized content or non-public spaces;
- Modifies, translates, decompiles or creates any derivative works of, copies, distributes, disassembles, broadcasts, transmits, or publishes, the Website or any part thereof (except as expressly permitted hereunder);
- Contributes to the development of a competitive product or service;
- Impersonates or attempts to impersonate Arccos Golf, an Arccos Golf employee, another user, or any other person or entity;
- Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access, download or scrape content.
- Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Attempts to damage, disable, overburden, or impair Arccos Golf servers or networks;
- Attempts to gain unauthorized access to an Arccos Golf computer network;
- Attempts to gain unauthorized access to Arccos Golf’s user accounts;
- Encourages conduct that would constitute a criminal offense or give rise to civil liability;
- Fails to comply with applicable third-party terms and conditions or other third-party policies; and/or
- Otherwise attempts to interfere with the proper working of the Website.
5. WEBSITE LINKING.
5.1 Linking to the Website and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You may use any social media features that we provide solely with respect to the content connected to such features and otherwise in accordance with any additional terms we may provide with respect to such features. Subject to the foregoing, you must not:
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, by framing, deep linking, or in-line linking.
We reserve the right to withdraw linking permission without notice and we may disable all or any social media features and any links at any time without notice in our discretion.
5.2 Links from the Website. Any links from the Website to other sites and resources are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
7.2 Termination by You. You may cancel or elect to not renew your Subscription at any time by contacting Arccos Golf at firstname.lastname@example.org. If, after terminating your Subscription or, if you do not have a Subscription, at any time, you wish to terminate your account, you can do so by stopping your use of the Dashboard.
8. DISCLAIMER OF WARRANTIES. SUBJECT TO ANY EXPRESS WARRANTIES WE PROVIDE IN CONNECTION WITH HARDWARE PRODUCTS:
(a) YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR OTHER ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
(b) THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR OTHER ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
(c) NEITHER ARCCOS GOLF NOR ANY PERSON OR ENTITY ASSOCIATED WITH ARCCOS GOLF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR OTHER ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NO ARCCOS PARTY REPRESENTS OR WARRANTS THAT (I) THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR OTHER ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (II) THAT DEFECTS WILL BE CORRECTED, (III) THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR OTHER ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. LIABILITY LIMITS.
9.1 Disclaimer of Damages. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ANY ARCCOS PARTY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, OR LOSS, THEFT OR CORRUPTION OF USER INFORMATION, ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING THE DASHBOARD, THE APP, OR ANY PRODUCT. THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF AN ARCCOS PARTY OR ANY AUTHORIZED REPRESENTATIVE OF ANY ARCCOS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPUTER CODE.
9.2 Maximum Liability. To the fullest extent provided by law, in no event will the collective liability of the Arccos Parties (regardless of the form of action, whether in contract, tort, or otherwise) in connection with the Website, including the Dashboard, the App, or the Products, exceed the greater of $100 or the amount you have paid to Arccos Golf in connection with any related Products in the then most-recent twelve (12) months.
9.3 Exclusions. The terms of this Section do not apply to limit liability resulting from (a) our gross negligence or willful misconduct, to the extent such liability may not be limited or disclaimed; (b) death or bodily injury caused by Products you purchase through the Website; or (c) any other liability to the extent it cannot be excluded or limited under applicable law.
10.2 Location of Arbitration. The arbitration shall be conducted in Fairfield County, Connecticut. If JAMS is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 2 et seq., and the laws of the State of Delaware, without reference to principles of conflicts of laws.
10.3 Class Action Waiver. Notwithstanding any rules of JAMS to the contrary, any claims shall be adjudicated on an individual basis only, and you hereby waive any right to bring any claim as a representative of a proposed class, on an aggregated or mass basis, or as a private attorney general, or to consolidate arbitration proceedings without the consent of all parties thereto.
10.5 Small Claims Court. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction, if such court has personal jurisdiction. Arccos Golf does not hereby waive any defense that such jurisdiction may be lacking in your jurisdiction.
11.2 Limitation on Time to File Claims. Any Claim you may have must be commenced within one (1) year after the cause of action accrues. Otherwise, such Claim is permanently barred.
11.8 Notices to Arccos Golf. The Website is operated by Arccos Golf with offices at:
Arccos Golf LLC
700 Canal Street, 2nd Floor
Stamford, Connecticut 06902
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.