LEADERBOARD GOLF, INC.

Terms of Service

Last updated July 4, 2022

 

These Terms of Service (the “Terms”) constitute a legally binding agreement made between you, the individual or entity accepting these Terms (“you”), and Leaderboard Golf, Inc. ("Leaderboard," “we," or “us"), concerning your access to and use of the Service (as defined below). The Service is offered subject to your acceptance of all terms and conditions set forth herein. 

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE  LEADERBOARD PRIVACY POLICY; (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE); AND (C) IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACCEPT THESE TERMS ON SUCH COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.

THESE TERMS MAY REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF SECTION 24 (DISPUTE RESOLUTION) BELOW.

LEADERBOARD MAY REFUSE ACCESS TO OR USE OF THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS. THESE TERMS ARE VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICE ARE REVOKED IN SUCH JURISDICTIONS.

 

  1. THE SERVICE. Leaderboard operates an online service through its mobile software application known as “Leaderboard” (the “App”) and through its website with a homepage at http://www.leaderboardgolf.co, including such subdomains and other websites or applications as Leaderboard may designate from time to time (the “Site”), including all features, content, tools, applications, application program interfaces, widgets and other tools and services included on the App or the Site (collectively, the “Service”), which Service allows users to manage and enhance their golf experience through providing, among other features, on-course tracking of scores and wagers, access to certain course and player statistics and information, match creation and invitation capabilities, and the ability to share match results with friends through social feeds.

  2. CHANGES TO THE TERMS.  Supplemental terms and conditions or documents that may be posted on the App or the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. Without limiting the generality of the foregoing, Leaderboard reserves the right to begin to charge fees for use of the Service, even where the Service was previously made available free of charge, whether with respect to the Service, generally, or with respect to certain premium features or functionality thereof. Any changes or modifications will be effective immediately upon posting on the App or the Site, unless otherwise specified in the updated Terms. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Your continued access to and use of the App, the Site, or the Service confirms your acceptance of these Terms and any changes or modifications made thereto. You should review these Terms and the Privacy Policy frequently and ensure you understand all terms, conditions, and policies applicable to your access to and use of the App, the Site, and the Service.

  3. ACCESS TO THE SERVICE. Subject to and conditioned upon your compliance with the terms and conditions of these Terms, Leaderboard hereby grants to you a personal, revocable, limited, non-transferable, non-exclusive right to access and use the Service solely for your personal, non-commercial use. Leaderboard may suspend or terminate your access to the Service or any component thereof at any time and for any reason, including if Leaderboard determines you have violated any term or condition of these Terms. We may modify, terminate, or replace the App, the Site, and/or the Service from time to time in our sole discretion and without prior notice to you.

  4. USER ACCOUNTS. In order to access and use the Service or certain features thereof, you will be required to establish a Leaderboard profile and user account (a “User Account”). You must provide true, accurate, current, and complete information as prompted by the applicable registration form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your User Account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of any user IDs, passwords and other credentials associated with your User Account, and shall immediately notify Leaderboard of any actual or suspected unauthorized access to or use of your User Account or any associated user IDs, passwords, or other credentials. You will cooperate fully with Leaderboard and take all actions that Leaderboard reasonably deems necessary to maintain or enhance the security of the Service, the App, the Site, or Leaderboard’s computing systems and networks. Leaderboard is not and shall not be deemed liable for any loss or damage to you arising from your failure to comply with this Section 4.

  5. YOUR CONTENT.

    • User Content. The Service may permit you to contribute to, or participate in, blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to upload, input, publish, distribute, transmit, display, or post content and materials to or in connection with the Service (including, without limitation, on or through the App or the Site). As between you and Leaderboard, you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all information, data, materials, trademarks, tradenames, images, logos, text, writings, video, audio, graphics, comments, User Messaging (as defined below), suggestions, personal information and other content (including, without limitation, scores and handicap information) that you upload, input, publish, distribute, transmit, display, or post to or in connection with the Service (“User Content”). Without limiting the generality of the foregoing, you shall not upload, input, publish, distribute, transmit, display, or post any User Content or other information, materials or content that (i) infringes the intellectual property rights, rights of privacy or publicity, or other proprietary rights of any third party, (ii) is inaccurate, incomplete, or incorrect, (iii) violates any applicable law (including, but not limited to, those governing export control, consumer protection, unfair competition, gambling, anti-discrimination, or false advertising), (iv) is, or is likely to be considered, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, threatening or harassing, vulgar, sexually explicit, pornographic, obscene, invasive of another's privacy, or harmful to minors, (v) incorporates materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own), (vi) contains any information that you consider confidential, proprietary, or personal, (vii) contains or constitutes any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, or (viii) contains any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. Additionally, when you submit User Content through the Service, you agree and represent that you own that User Content, or you have received all necessary permissions, authorizations, licenses, and consents necessary to upload, input, publish, distribute, transmit, display, or post the User Content to the Service, including, without limitation, all necessary consents from any individuals that might be shown (audially or visually) in such User Content.

    • License to User Content. You hereby grant to Leaderboard an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your User Content (including, where applicable and without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Content. You waive all moral rights in your User Content, and you warrant that moral rights have not otherwise been asserted in your User Content. Additionally, you represent and warrant to Leaderboard that you have all rights necessary to grant the rights and licenses granted to Leaderboard under these Terms.

    • Leaderboard Obligations. You acknowledge and agree that Leaderboard does not, nor is it obligated to, monitor or police any communications or data, information, materials, or content (including User Content, Participant Content (as defined below) or User Messaging) transmitted through or posted to the App, the Site, or the Service, and Leaderboard will not be responsible for such data, information, materials, or content (including User Content, Participant Content, or User Messaging). Notwithstanding the foregoing, however, Leaderboard may, at its option and in its sole discretion, monitor and review or remove or delete from the App, Site, or Service any data, information, materials, or content (including any Client Content, Participant Content, or User Messaging) that Leaderboard determines, in its discretion, violates these Terms.

  6. OTHER USERS. The Service contains or may otherwise display or make available to you information, materials, images, and other content provided by other Leaderboard users (“Participant Content”). Leaderboard is not responsible for and does not control Participant Content, including, without limitation, the accuracy, completeness, or appropriateness of the same. You acknowledge and agree that your use of Participant Content and your interaction with other users through the App, the Site, and/or Service is at your own risk. Without limiting the generality of the foregoing, you acknowledge and agree that, if you elect to communicate with, participate in in-person matches with, or otherwise interact with other Leaderboard users, you do so at your sole discretion and at your sole risk, and Leaderboard shall have no responsibility or liability to you with respect to the same. YOU UNDERSTAND AND ACKNOWLEDGE THAT LEADERBOARD DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS, NOR DOES LEADERBOARD ATTEMPT TO VERIFY THE ACCURACY OR COMPLETENESS OF ANY PARTICIPANT CONTENT. LEADERBOARD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO, AND SHALL NOT BE LIABLE TO YOU FOR, THE CONDUCT OF ITS USERS OR FOR ANY PARTICIPANT CONTENT. YOU AGREE AND ACKNOWLEDGE THAT LEADERBOARD WILL NOT BE RESPONSIBLE FOR ANY LIABILITY OR HARM THAT MY RESULT FROM YOUR INTERACTION WITH OTHER USERS.  You agree to, and hereby do, release Leaderboard and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arise from your interactions with, or the conduct of, other users of the Service.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

  7. USER MESSAGING. The Service includes certain features that enable you to message other users and to publicly display information about your golf matches and related activities, including in real time (collectively, “User Messaging”). Any opinions, recommendations, offers, advice, or other information disseminated through User Messaging are those of the respective user, and Leaderboard shall have no responsibility or liability with respect to the same. All User Messaging is subject to the requirements and restrictions set forth in Section 5(a) hereof.  If you believe that another user has violated these Terms, including, without limitation, with respect to User Messaging or Participant Content, please promptly report the violation to Leaderboard using the reporting functionality available in the App.

  8. OTHER SERVICE CONTENT. The Service may contain, display, or make available to you certain information, images, statistics, or other content (collectively, “Service Content”). Such Service Content may include, but is not limited to, (i) content relating to golf courses (including, by way of example, course location, hole distances and statistics, and course images), and (ii) content relating to other users of the Service (including, by way of example, handicap, historical match results, and related statistics). All Service Content displayed or made available on or through the Service, the App, or the Site is provided by third parties—in the case of course information, from certain third party service providers, and in the case of user information, from the applicable user.  Any such Service Content is made available to you by way of courtesy only, and Leaderboard makes no representations or warranties, whatsoever, regarding the availability, accuracy, quality, or reliability of any such Service Content. Leaderboard does not, and will not, independently verify the accuracy or completeness of any Service Content, and you specifically accept sole responsibility for your evaluation and use of, or reliance on, the same. Leaderboard disclaims any responsibility or liability with respect to any Service Content, for any acts or omissions of the providers of the Service Content, or for your use of and reliance on any Service Content. 

  9. PROHIBITED ACTIVITIES. You agree to use the Service solely for your personal, non-commercial use, in accordance with all documentation relating to the Service made available by Leaderboard (as the same may be updated from time to time), and in accordance with all applicable law. You shall not: (i) copy, reproduce, frame, mirror, modify, decompile, disassemble, create derivative works based on, or reverse engineer the Service or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (ii) copy, modify, create derivative works of, retransmit, sell, license, exploit, reuse, repost, broadcast, or otherwise distribute any content made available to you through the Service, including without limitation, Participant Content; (iii) provide any third parties with access to any of the Service, or use any of the Service for time sharing or similar purposes for the benefit of any third party; (iv) sell, resell, rent or lease the Service; (v) remove any copyright or proprietary notices contained in the Service or any output thereof; (vi) breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure provided or used by the Service; (vii) scrape or access the Service via any bot, web crawler or non-human user; (viii) access or use (or permit a third party to access or use) the Service for any unlawful purpose or for purposes of monitoring the availability, performance or functionality of the Service or for any other benchmarking or competitive purposes; (ix) misrepresent your identity; (x) stalk or harass any other user of the Service; (xi) attempt to gain unauthorized access to the Service or any related systems, software or networks; (xii) access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Service; (xiii) use the Service to transmit viruses or malicious code; (xiv) deceive or defraud any individual or entity, including any other user of the Service and including, without limitation, with respect to any Wager (as defined below); or (xv) make any use of, or take any other action with respect to, the App, the Site, or the Service or any component thereof in a manner that violates applicable law or any provision of these Terms. 

  10. APPLE AND ANDROID DEVICES. The following terms apply when you access and/or download the App either through the Apple Store or Google Play (each an “App Distributor”) to access the Service: (i) the license granted to you with respect to the App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (ii) Leaderboard is responsible for providing any maintenance and support services with respect to the App specified in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (iii) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (iv) you represent and warrant that (1) you are 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 (2) you are not listed on any U.S. government list of prohibited or restricted parties; (v) you must comply with applicable third-party terms when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (vi) you acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

  11. APP USE. When you access the Service through the App, you may incur a fee for data usage or other costs from your wireless provider. You agree that you are solely responsible for your use of the Service on your mobile device and adherence to your wireless provider’s terms and conditions. 

  12. TERM AND TERMINATION. These Terms shall remain in full force and effect while you use or have access to the Service. Leaderboard may terminate or restrict your access to any or all of the Service or your User Account, for any reason, and without warning, and Leaderboard reserves the right to discontinue or modify any aspect of the App, the Site, or the Service at any time. Any termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. Upon termination of these Terms, you will remain liable for any accrued charges and amounts due as of the date of such termination, if any, and shall immediately cease to use the App, the Site, and the Service

  13. WAGERING.

    • Games and Wagering. The Service may permit you to manage and track friendly, on-course wagers in which you choose to participate (a “Wager”). Any Wager is purely peer-to-peer and Leaderboard does not participate in, nor take any cut, share, or percentage of any Wager. Participation in any Wager is purely voluntary and is done solely at your risk and in your discretion, and participants in a Wager must affirmatively agree to participate in each Wager in person. You understand and acknowledge that any Wager results do not produce any required form of payment, and settling up among Wager participants after the round is entirely voluntary. Leaderboard may not be used in connection with any form of illicit or unlawful gambling or wagering. You, and not Leaderboard, are responsible for compliance with all federal, state, or local laws, and Leaderboard takes no position or responsibility regarding the legality of any Wager or whether your use of the Service complies with applicable law. YOU UNDERSTAND AND AGREE THAT LEADERBOARD WILL NOT HAVE ANY RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, FOR ANY WAGER IN WHICH YOU PARTICIPATE, OR FOR THE LEGALITY, APPROPRIATENESS, OR OUTCOME THEREOF. YOU AGREE AND ACKNOWLEDGE THAT LEADERBOARD WILL NOT BE RESPONSIBLE TO YOU FOR ANY HARM OR LOSS YOU MAY INCUR AS A RESULT OF YOUR PARTICIPATION IN A WAGER.

    • Wager Settlement. The Service may give you the option to settle Wagers in which you participate through use of a third party payment service (currently Venmo), which may be accessible through the Service. If you wish to settle a Wager through the Service, you must have an active and valid Venmo account and you must provide to us (through inclusion in your User Account profile and as otherwise required in connection with any transaction) all requested information with respect to your Venmo account. Our choice of third-party payment service is subject to change in our discretion, and you understand and acknowledge that you will not be able to access or use the Wager settlement feature of the Service if you do not have, and do not maintain, an active and valid account with the then-current payment service provider. By using the Wager settlement feature of the Service, you agree to be bound by the terms and conditions of the then-current payment service provider. You may review Venmo’s current terms here: https://venmo.com/legal/us-user-agreement/. You agree and acknowledge, however, that Venmo (and any successor payment service provider) is a Third Party Service (as defined below), and is not owned or controlled by Leaderboard. As more specifically set forth in Section 16 hereof, Leaderboard is not responsible, and shall not be liable to you, for the products, services, or conduct of Venmo (or any successor payment service provider).

    • Disputes. Leaderboard is not a party to any Wager between you and any other user of the Service, even where such Wager is tracked or settled through use of the Service. You agree and acknowledge that Leaderboard has no obligation, and will not, resolve disputes arising with respect to Wagers between you and other users. Notwithstanding the foregoing or anything herein to the contrary, however, Leaderboard reserves the right to terminate your access or the access of any other user to the Service should Leaderboard determine, in its reasonable discretion, that you or such user have violated these Terms in any manner.

  14. PRIVACY

    • Our Use of Personal Information. You acknowledge and agree that information collected by Leaderboard is subject to our Privacy Policy. By accessing or using the Service, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

    • Your Use of Personal Information. Through your use of the Service, including, without limitation, your involvement in User Messaging or your participation in in-person matches and/or Wagers, you may be provided or receive access to the personal information of other users of the Service (“User Information”). You agree that you shall only access or use User Information exclusively for the purpose for which it was provided or made available to you. You may not disclose, sell, rent, or distribute any User Information to a third party for any purpose not directly related to and necessary for your use of the Service. Additionally, you may not use User Information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

  15. INTELLECTUAL PROPERTY

    • Leaderboard Intellectual Property. As between you and Leaderboard, the App, the Site, and the Service, and all software and other technologies embodied in or used to provide any of the foregoing, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of Leaderboard. No rights are granted to you other than as expressly set forth herein.

    • User Content. As between you and Leaderboard, but subject to Section 5(b) hereof, you own all right, title and interest in and to your User Content.

    • Feedback. To the extent you provide Leaderboard with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of the App, the Site, or the Service (collectively, “Feedback”), you hereby assign and agree to assign to Leaderboard all right, title and interest in and to such Feedback, including any intellectual property rights therein, and agree that Leaderboard will be free to use such Feedback in any manner, including by implementing such Feedback in the App, the Site, the Service, and/or Leaderboard’s other technologies, products and services, without compensation or other obligation to you.

    • Data Use. Without limiting any of Leaderboard’s other rights hereunder, Leaderboard shall have the right to collect, examine, extract, model, manipulate, aggregate, collate, analyze, create analysis using, reproduce and otherwise use, on a de-identified basis, any information, including, without limitation, usage information, that Leaderboard learns, acquires or obtains in connection with these Terms, within the scope of its regular business operations, including, without limitation, (i) developing, operating, and ensuring the integrity of data sets, algorithms or other analytical tools, (ii) testing, implementing, benchmarking, integrating, developing, optimizing or improving Leaderboard software and other products and services, and (iii) marketing, distributing, or otherwise making Leaderboard products and services available to its customers.

  16. THIRD PARTY APPLICATIONS. The Service may contain links to or otherwise utilize or allow you to access third party applications and services (“Third Party Services”) that are not owned or controlled by Leaderboard. When you access third party websites or Third Party Services, you do so at your own risk.  Leaderboard encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or Third Party Service (“Third Party Terms”) that you visit or from which you access any product or service. Leaderboard has no control over, and assumes no responsibility for, the content, accuracy, Third Party Terms, or practices of any third-party website or Third Party Service. In addition, Leaderboard will not and cannot monitor, verify, censor, or edit the content of any third-party website or Third Party Service. When you visit or use a third party’s website or Third Party Service, you acknowledge that such website or Third Party Service is subject to the applicable Third Party Terms, and you release us from any liability arising from your use of such websites or Third Party Service. You acknowledge that we are not responsible for such third parties or their products or services. Any such activities, and any Third Party Terms associated with such activities, are solely between you and the applicable third party.

  17. DISCLAIMER OF WARRANTIES. THE APP, THE SITE, AND THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND LEADERBOARD HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. NEITHER LEADERBOARD NOR ANY PERSON ASSOCIATED WITH LEADERBOARD MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP, THE SITE, OR THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER LEADERBOARD NOR ANYONE ASSOCIATED WITH LEADERBOARD REPRESENTS OR WARRANTS THAT THE APP, THE SITE, OR THE SERVICE, OR ANY RESULTS GENERATED THEREFROM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP, THE SITE, OR THE SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP, THE SITE, OR THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. LEADERBOARD MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE APP, THE SITE, OR THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY PARTICIPANT CONTENT, USER MESSAGING, OR SERVICE CONTENT) WILL BE TRUE, COMPLETE, ACCURATE, OR RELIABLE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF, RELIANCE ON, AND/OR EVALUATION OF SUCH CONTENT. LEADERBOARD FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, THE ACTIONS OF OTHER USERS OF THE SERVICE OR ANY THIRD PARTY SERVICE (INCLUDING, WITHOUT LIMITATION, PAYMENT PROCESSING SERVICES). AS BETWEEN YOU AND LEADERBOARD, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF, INTERPRETATION OF, AND RELIANCE ON THE APP, THE SITE, AND THE SERVICE, AND ALL CONTENT AND RESULTS GENERATED THEREBY OR AVAILABLE THERETHROUGH. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT ANY WAGER IN WHICH YOU PARTICIPATE OR ANY USE YOU MAKE OF THE SERVICE COMPLIES WITH APPLICABLE LAW. LEADERBOARD WILL NOT HAVE ANY RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY WAGER IN WHICH YOU PARTICIPATE OR ANY USE YOU MAKE OF THE SERVICE IN VIOLATION OF APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE GAME OF GOLF MAY INVOLVE RIGOROUS PHYSICAL EXERCISE AND ACTIVITY THAT CARRIES A RISK OF, AND COULD RESULT IN, INJURY TO YOU. AS BETWEEN YOU AND LEADERBOARD, YOU ARE SOLELY AND COMPLETELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF THE GAME OF GOLF TO YOUR PHYSICAL CAPABILITIES. YOU ACKNOWLEDGE THAT, IF YOU ELECT TO PLAY THE GAME OF GOLF, INCLUDING IN CONNECTION WITH ANY MATCH OR WAGER MANAGED OR FACILITATED BY THE SERVICE, YOU DO SO VOLUNTARILY AND WITH KNOWLEDGE OF THE RISK INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS RELATED TO THE GAME OF GOLF, INCLUDING IN CONNECTION WITH ANY MATCH OR WAGER MANAGED OR FACILITATED BY THE SERVICE .

  18. INDEMNITY. You agree to indemnify, defend, and hold Leaderboard and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms, including, but not limited to, any access to or use of the App, the Site, or the Service in any manner not expressly authorized hereunder; (b) any claim that the User Content infringes, misappropriates, or otherwise violates the intellectual property rights or rights of privacy of any third party; (c) your negligence or willful misconduct; (d) your breach of any applicable law, rule, or regulation or your violation of the rights of any third party; and (e) any Wager, agreement, or other transaction entered into between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action.

  19. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LEADERBOARD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE APP, THE SITE, OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, LEADERBOARD IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL LEADERBOARD’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO LEADERBOARD IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. If you are not satisfied with the App, the Site, or the Service, your sole and exclusive remedy is to cease all access to and use of the App, the Site, and the Service. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages or other damages or liability, so the foregoing limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Leaderboard shall be entitled to the maximum limitations on damages and liability available at law and equity in that particular circumstance. You and Leaderboard understand and agree that the disclaimers, exclusions, and limitations in this Section 19 and in Section 17 are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that Leaderboard would be unable to make the App, the Site, or the Service available to you except on these terms and agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

  20. DIGITAL MILLENNIUM COPYRIGHT ACT

Leaderboard is committed to respecting and protecting the legal rights of copyright owners in accordance with the Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)).  If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement (a “DMCA Takedown Notice”) with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, email address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notice should be sent to: legal@leaderboardgolf.co.  You acknowledge that for Leaderboard to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

21. SERVICE SUPPORT. If you encounter technical problems when using the Service, please email us at support@leaderboardgolf.co.

22. PROHIBITED COUNTRIES POLICY AND FOREIGN TRADE REGULATION. Neither the Service nor its underlying technology may be downloaded to or exported or re-exported: (i) into (or to a resident or national of) any country subject to United States embargo; (ii) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (iii) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using the Service, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are 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 you are not listed on any U.S. government list of prohibited or restricted parties).

23. OPERATION FROM THE UNITED STATES. The Service is hosted by servers located in the United States. Using the Service may be prohibited or restricted in certain other countries.  If you use the App, the Site, or the Service from outside of the United States, you are responsible for complying with the laws and regulations of the applicable territory.  Without limiting the foregoing, if you attempt to use the App, the Site, or the Service from a physical location in the European Union, United Kingdom, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the App, the Site, or the Service, which is governed by U.S. law and these Terms (including the Leaderboard Privacy Policy): (i) you are transferring your personal information to the United States; (ii) you hereby consent to such transfer and to the application of the laws of the United States and the State of New York with respect to any dispute arising from or related to the Privacy Policy and your use of the App, the Site, or the Service, and to the exclusive jurisdiction of the courts of the United States and the State of New York.

24. DISPUTE RESOLUTION.

Please read this Section carefully.  It impacts the rights that you may otherwise have.  It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions.  This “Dispute Resolution” section survives any expiration or earlier termination of these Terms.

Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, both you and Leaderboard agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the App, the Site, or the Service, or the breach, enforcement, interpretation, or validity of these Terms ("Claim"), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.  

For purposes of this Section, notices must be sent as follows:

  • If to Leaderboard: to Leaderboard Golf, Inc., Attn: Legal/Compliance, 177 Huntington Ave Ste 1703 PMB 58674, Boston, MA 02115-3153, with a copy emailed to legal@leaderboardgolf.co.

  • If to you: to any address listed in or associated with your User Account.

Arbitration. To the extent you cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under these Terms and with respect to any Claim. You and Leaderboard each expressly delegate to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.

To begin an arbitration proceeding, you must send a written request to Leaderboard at: Leaderboard Golf, Inc., Attn: Legal/Compliance, 177 Huntington Ave Ste 1703 PMB 58674, Boston, MA 02115-3153, with a copy emailed to legal@leaderboardgolf.co. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to Leaderboard.  In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and Leaderboard each agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor Leaderboard may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

In lieu of arbitration, and notwithstanding anything in this section to the contrary, either you or Leaderboard may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, but only if it is brought and maintained as an individual claim.  Additionally, and notwithstanding anything herein to the contrary, nothing in this section shall prohibit you or Leaderboard from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of these  Terms.

Class Action and Jury Waiver. You and Leaderboard each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and Leaderboard that this class action waiver is unenforceable, the arbitration agreement set forth above will be void as to you. If for any reason a Claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

  • 25. MISCELLANEOUS

    1. Service Availability.  You agree and acknowledge that the App, the Site, and/or the Service may be temporarily unavailable due to maintenance or other development activities.  Leaderboard will use commercially reasonable efforts to provide you with advance notice of any such unavailability, but shall not have any liability to you for any planned or unplanned unavailability or downtime.

    2. Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder to any other person without Leaderboard’s prior written consent. Any purported assignment in violation of this paragraph is void and of no effect. These Terms are freely assignable by Leaderboard. These Terms shall be binding on the parties and their permitted successors and assigns. Except as otherwise set forth herein, a person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

    3. Force Majeure. We will not be liable for any delay or failure in the performance of our obligations under these Terms if the delay or failure is due to any cause outside of our reasonable control.

    4. Notices. Except as otherwise set forth herein, any notice given under these Terms by any party to another party must be in writing and sent by email, and will be deemed to have been given upon transmission. Notices to Leaderboard must be sent to legal@leaderboardgolf.co.  Notices to you will be sent to any email address associated with your User Account. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    5. California Residents. If you are a California resident, you may report a complaint to the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by telephone at (800) 952-5210 or by mail at 400 R Street, Sacramento, CA 95814, United States.

    6. Severability and Waiver. If any part or provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or in conflict with the law, that part or provision shall be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, and the remainder of these Terms will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If we waive any breach of these Terms, such waiver will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

    7. Entire Agreement. These Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and Leaderboard with respect to the subject matter hereof, and supersede and extinguish all prior agreements, representations (whether oral or written), and understandings regarding such subject matter. The provisions of the following Sections of these Terms will survive any termination of this Agreement: Sections 4 through 20, and 22 through 25.

 

For more information or other questions, please contact us at:

Leaderboard Golf, Inc.

177 Huntington Ave Ste 1703 PMB 58674

Boston, MA 02115-3153

United States

Phone: 3306121276

support@leaderboardgolf.co