Terms of Use

By entering your email, logging into your account or accepting notifications, you agree to receive iGolf. You may unsubscribe at any time. By using the iGolf site, you are agreeing to these Terms of Use. Please read them carefully.

These Terms of Use were last updated on December 20, 2022.

ACCEPTANCE OF TERMS OF USE

iGolf, Inc. (“IG”) owns and operates the website: igolf.com and other URLs which link to this website, the mobile and touch versions and any sites IG has now or in the future that reference these Terms of Use (collectively “Site”). By (a) using the Site and IG services through the Site, (b) signing up for an account and/or (c) completing a purchase on the Site, you agree to these Terms of Use and any additional terms applicable to certain programs in which you may elect to participate. You agree to the IG Privacy Statement, incorporated herein by reference and located on the Site (“Privacy Statement” ), and acknowledge that you will regularly visit the Terms of Use to familiarize yourself with any updates. The Privacy Statement, together with these terms of use and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “Terms of Use”. The term “using” also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE THE SITE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.
PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION/RELEASE.

1. About the Site. The Site is a platform through which you can purchase products from IG (collectively “Products”) and participate in other available programs. Certain Products pricing on the Site may change at any time in IG’s sole discretion, without notice.

2. Ownership of the Site. The Site, all content on the Site and the infrastructure used to provide the Site are proprietary to IG, IG affiliates and other content providers. By using the Site and accepting these Terms of Use: (a) IG grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without IG’s express permission.

3. Use of the Site. As a condition of your use of the Site, you agree that: You have reached the age of majority in the state or province in which you reside; You are able to create a binding legal obligation; You are not barred from receiving products or services under applicable law; You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality; Your use of the Site will at all times comply with these Terms of Use; You will only make legitimate purchases that comply with the terms; You will only make purchases on the Site for your own use and enjoyment or gift to another person; You have the right to provide any and all information you submit to the Site and all such information is accurate, true, current and complete; You will update and correct information you submitted to the Site, including all account information, and ensure it is accurate at all times (out-of-date information may invalidate account); and You will only purchase a Product or participate in other available programs through the Site by creating an account or using the guest checkout feature on the Site, and any purchase will be subject to the applicable Terms of Sale set forth in these Terms of Use.

4. Access to the Site. IG retains the right, at its sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While IG uses reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree there may be interruptions in service or events, Site access or access to your account due to circumstances both within IG control and outside reasons.

5. Modification. IG reserves the right at all times to discontinue or modify any part of these Terms of Use in its sole discretion. If IG changes affect your use of the Site or services IG will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes. IG suggest that you revisit the Terms of Use regularly to ensure that you stay informed of any changes. You agree that any changes on the Terms of Use page is adequate notice to advise you of these changes, and your continued use of the Site or IG services will constitute acceptance of these changes and the Terms of Use as modified.

6. Your Account. You may only create and hold one account on the Site for your personal use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree IG has no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. IG assumes anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
The Site may permit you to make purchases without an account or without logging in to your account by using the guest checkout feature.

7. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and IG may cancel your account in its sole discretion. If your account is cancelled, you may forfeit any pending, current, or future account credits and any other forms of unredeemed value in your account without notice. Upon termination, the provisions of these Terms of Use that are, by their nature, intended to survive termination shall survive. IG reserves the right to change or discontinue any aspect or feature of our services or the Site, including, without limitation, requirements for use.

8. Your Conduct. All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in IG’s sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, IG may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.
The following activities are prohibited on the Site and constitute violations of these Terms of Use:

• Submit any content to the Site that: Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity and defamation laws); Contains personal information, except when IG expressly asks you to provide such information; Contains viruses or malware; Offers unauthorized downloads of any copyrighted, confidential, or private information; Impersonates others; Contains messages purporting to speak on behalf of IG; Provides confidential information concerning IG; Purposely inaccurate, commits fraud or falsifies information in connection with your IG account; Contains chain letters of any kind; or Protected by copyright, trademark or other proprietary right without express permission of owner.

• Attempt to or actually doing any of the following: Access data not intended for you (log into a server or an account you are not authorized to access); Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data; Scanning or testing the security or configuration of the Site; Breaching security or authentication measures; or Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Site.

• Use any of the following: Frames, framing techniques, or framing technology to enclose any content included on the Site without IG express written permission; Any Site content, including, without limitation, User Content, in any meta tags or any other “hidden text” techniques or technologies without IG express written permission; The Site or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with IG; or The Site or any of its resources to solicit consumers, Merchants, or other third-parties to become users or partners of other services directly or indirectly competitive or potentially competitive with IG.

• Collect any of the following: Content from the Site, including, without limitation, in connection with current or previously offered Products and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or Personal Information, User Content or content of any consumers or Merchants.

• Engage in any of the following: Tampering or interfering with the Site or any functions or services provided by IG; Taking any action that places excessive demand on IG services, imposes, or may impose, an unreasonable or disproportionately large load on the IG infrastructure (determined in IG sole discretion); Reselling or repurposing your access to the Site or any purchases made through the Site; Exceeding or attempting to exceed quantity limits when purchasing Products or otherwise using a IG account to purchase Products for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site; Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any puIGose without IG express written permission; Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site; Aggregating any current or previously-offered Products or other information from the Site (using links, other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without IG express written permission; Deep-linking to any portion of the Site without our express written permission; Hyperlinking to the Site from any other website without IG consent; or Acting illegally or maliciously against the business interests or reputation of IG or its services.

8. Your Privacy. IG takes the privacy of your Personal Information seriously. Review the IG Privacy Statement for important disclosures about ways IG collects, uses and shares personal data and your choices. The IG Privacy Statement is incorporated in and subject to these Terms of Use.

9. Terms of Sale. By purchasing or obtaining any Product via the Site, you agree to these Terms of Use.

10. Copyright and Trademarks. The Site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, sound, and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws. IG owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law: no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of IG is permitted. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Violation will result in copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

IG owns trademarks, registered and unregistered, the iGolf logos and variations thereof found on the Site are trademarks owned by IG or its related entities and all use of these marks inures to the benefit of IG. Other marks on the site not owned by IG may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of IG unless otherwise stated or may be the property of their respective owners. You may not use IG’s name, logos, trademarks or brands or trademarks or brands of others on the Site without IG’s express permission.

11. User Content. The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and any other content or material submitted or posted to the Site (collectively “User Content”) through forums, bulletin boards, discussion groups, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a IG account to submit User Content.

If you contribute any User Content, you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. IG does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) you have (i) express, advance authority from the creator to submit or post the User Content and they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violative of any third-party rights; and you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.

IG has the sole and absolute right, but not obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by IG, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, IG has the right to remove any material from the Communities or any other IG controlled sites, in its sole discretion. IG assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. IG has no obligation to use User Content and may not use it at all.

It may be possible to modify or remove User Content submitted or posted through your account. IG makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

12. Public Nature of Your User Content. You understand and agree User Content is public. Any person may read User Content without your knowledge. Do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. IG is not responsible for the use or disclosure of any Personal Information you disclose. Any User Content made by you or a third-party is made by the respective author(s) or distributor(s) and not IG. Users may post User Content that is inaccurate, misleading or deceptive. IG does not endorse and is not responsible for any User Content and will not be liable for any loss or damage caused by reliance on such User Content. User Content reflects the opinions of the person submitting it and does not reflect the opinion of IG. IG does not control or endorse any User Content. IG specifically disclaims any liability concerning or relating to contribution, use or reliance on any User Content and any actions resulting from participation in any part of the Site, including User Content.

13. License Grants. User Content submitted to IG may be displayed. You grant IG a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your User Content in accordance with these Terms of Use, including, without limitation, a right to offer for sale and to sell such rights in Personal Information, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, IG shall have no obligation to use your Personal Information in connection with any User Content.
As between you and IG, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant IG a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content you may have under any applicable law under any legal theory. IG’s license in any User Content or Personal Information submitted includes, without limitation, use for promotions, advertising, marketing, market research, merchant feedback, quality control, or any other lawful purpose.

Contributing User Content or other information on or through the Site, is limited to individuals who are over the age of majority in the state or province in which they reside. The Site is designed and intended for adults. By contributing User Content or other content on or through the Communities, you affirm you are over the age of majority in the state or province in which you reside. IG will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province he or she resides.

14. Unsolicited Ideas. IG does not accept or consider, directly or through any IG agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send IG any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send Unsolicited Materials, you understand and agree the following terms will apply, notwithstanding any cover letter or other terms that accompany them: IG has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and IG will own, may use and redistribute, Unsolicited Materials free of any obligation to acknowledge or compensate you.

15. Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures
Infringement Reporting Procedures. If you own copyright, trademark, patent, or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that products on the Site infringe the IP Rights Owner’s copyright, trademark or other intellectual property right, and you would like to bring it to IG’s attention, you may report your concerns by submitting your complaint HERE.

16. DMCA Procedures. IG reserves the right to terminate your, or any third-party’s, right to use the Site if such use infringes the copyrights of another. IG may, under appropriate circumstances, at its sole discretion, terminate your or any third-party’s, right to access the Site, if IG determines you, or a third-party, are a repeat infringer. If you believe any material has been posted via the Site by a third-party that constitutes copyright infringement and you would like to bring it to IG’s attention, you must provide IG with the following information: (a) physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) written statement that you have a good faith belief the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including: telephone number and email address; and (e) statement by you that the information in your notice is accurate and, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

17. Disclaimer of Warranty. PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER IG, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, PRODUCTS (II) DESCRIPTIONS OF PRODUCTS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, PRODUCTS AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IG DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR PRODUCTS AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PUIGOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS, ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY IG INCLUDED IN OTHER APPLICABLE TERMS.

18. Limitation of Liability. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IG, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS, LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE PRODUCTS AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE. IN NO EVENT WILL IG’S LIABILITY IN CONNECTION WITH A MERCHANT PRODUCT AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE PRODUCT. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY IG INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.

19. Electronic Communications. When you use the Site or send emails to IG, you are communicating electronically and consent to receive electronic communications related to your use of the Site. IG will communicate with you by email or posting notices on the Site. You agree all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from IG will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise notify IG.

20. Other Websites. The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you, not because IG endorses the contents on such websites. IG expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. IG is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked site or resource.

21. Indemnification/Release. You agree to defend, indemnify and hold harmless IG, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) User Content submitted or posted by you, in connection with the Site or any use of the Site in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable United States, Canadian or foreign law or rights of a third-party.

You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release IG from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product is a Merchant Offering available through the Site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, Merchant failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or product purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.

22. Force Majeure. IG shall be excused from performance under these Terms of Use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of IG or a Merchant, as applicable.

23. Assignment. You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of IG. Any attempted assignment that does not comply with these Terms of Use shall be null and void. IG may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

24. Entire Agreement. The Terms of Use, including, without limitation, the incorporated Privacy Statement and other terms incorporated by reference, constitute the entire agreement and understanding between you and IG with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and IG with respect to such subject matter.

25. Choice of Law. Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site shall be governed by the laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles.
If you reside in Canada, any disputes arising out of or related to these Terms of Use and/or any use by you of the Site shall be governed by the laws of the Province in which you reside at the time you enter into these Terms of Use, without regard to its choice of law rules and without regard to conflicts of laws principles. IG and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as it may be incorporated into applicable law.

Dispute Resolution/Arbitration Agreement

26. Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and IG and/or its subsidiaries, affiliates and/or any of their respective members, officers, directors, and employees (collectively referred to as “IG Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the Site, your use of the Site, your Personal Information, any Products (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement, you and IG are giving up the right to go to court and have a Dispute heard by a judge or jury. This shall constitute your and IG’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer . The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.

To begin an arbitration proceeding, you must submit the Dispute to AAA and simultaneously send a copy of the completed form to the address on the last page. Payment of all filing, administration and arbitrator fees will be governed by AAA’s rules. The fees will be split equally between IG and you. IG will seek attorneys’ fees and costs in arbitration. The arbitration will be conducted based upon written submissions unless you request and the arbitrator determines a telephone or in-person hearing is necessary. In addition, you hereby unconditionally agree (1) the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements referenced herein that you have entered into in connection with the Site; (2) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; and (3) in the event AAA is unavailable or unwilling to hear the Dispute, you and IG shall agree to, or a court shall select, another arbitration provider.

27. No Class Action Matters. You and IG each agree any Dispute shall be brought against the other in respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, you and IG each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the City of San Diego, California, you and IG agree that any Dispute may only be instituted in a state or federal court in the District of California; (ii) you and IG irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and IG agree to waive any right to a trial by jury. You and IG agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of California, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.
Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any illegal or intentional act affecting the accessibility, functionality or the security of the Site, and/or any illegal or intentional act against your interests or IG.
Severability. If any part of this Agreement is ruled to be unenforceable, then the remainder of this Agreement shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

28. Additional Disclosures. No waiver by either you or IG of any breach, default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding, subsequent breach, default or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of Terms of Use shall continue in full force and effect.

You are contracting with iGolf, Inc. Correspondence should be directed to us at info@iGolf.com.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.

The provisions of these Terms of Use apply equally to, and are for the benefit of, IG, its subsidiaries, affiliates, Merchants and third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.