Terms and Conditions
THE AGREEMENT: The use of this website and services on this website provided by Golf Venture LLC (hereinafter referred to as “Company”) are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
The parties referred to in this Agreement shall be defined as follows:
- a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Golf Venture LLC, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
- b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
- c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website and/or by purchasing products and services through the Company, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. The Company agrees to provide use of this Website and Services to You only if You assent to this Agreement.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
4) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade names, service marks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including, but not limited to, electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
6) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
7) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
You further agree not to use the Website or Services:
- I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights; • II) To violate any intellectual property rights of the Company or any third party and/or unlawfully use the Company IP and/or Company Materials;
- III) To upload or otherwise disseminate any computer viruses or other software that may damage the Company, the Website, the Services, and/or the property of another; • IV) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Website or Services.
- V) To perpetrate any fraud against the Company and/or any third party; • VI) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; • VII) To publish or distribute any obscene or defamatory material;
- VIII) To publish or distribute any material that incites or may incite violence, hate, or discrimination towards any group;
- IV) To unlawfully gather information about others.
8) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
- a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
- c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
10) POLICIES, PROCEDURES, BILLING & CANCELATION INFORMATION
Once a reservation is made, you will be sent an email from a Golf Venture Concierge containing your reservation confirmation as an attached invoice, our policies, check-in procedures, and directions to your golf course selection(s) as well. The company is not responsible for missing emails. Customer is responsible for providing accurate email address/ contact information. Customer is also responsible for their own email spam filters.
NO GREENS FEES ARE TO BE PAID AT THE COURSE. The credit card(s) on file will be billed a deposit of 50% at the time of booking. The final 50% will be due 14 days prior to the day of play. Any bookings within 14 days of arrival will be charged at 100%. The charge on your statement will be from “GOLF VENTURE LLC”. All golf and vacation package cancellations are subject to 1.5% fee.
Golf Course Cancellation Policy:
Golf course cancellations can be made 10 days prior to your date of play in order to cancel with no charge. A minimum cancellation fee of $10 per player per day will be billed for all cancellations within 10 days of the day of play. Cancelations must be made by contacting Golf Venture. Cancellation fees will only be incurred AFTER the credit card(s) on file has been charged. If your card has not been charged, there is no fee to cancel.
11) SERVICE PROVIDER RULES AND RESTRICTIONS
Service providers may impose additional rules and restrictions on products and services available through The Company. By purchasing products and services through The Company you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges
paid for such reservation, and in being charged by the Company for any costs we incur as a result of such violation. “Charges” means all costs, expenses and other sums paid by You in connection with the Services.
Golf Venture bookings do not include any incidental charges, expenses or services, except as specifically described in your itinerary. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip. Furthermore, any additional billing over the initial contract amount is solely the responsibility of the booking party.
GIVEN THE NATURE OF TRAVEL SERVICES, WE RECOMMEND THAT YOU OBTAIN INDEPENDENT INSURANCE TO PROVIDE ADEQUATE COVERAGE FOR MEDICAL EXPENSES, PERSONAL ACCIDENT, LOSS OF BAGGAGE AND CURTAILMENT OR CANCELLATION OF YOUR TRIP. PLEASE NOTE THAT SUCH INSURANCE IS NOT INCLUDED WITH YOUR PURCHASE ON GOLF VENTURE. (IF AVAILABLE).
14) CONTENT YOU SUBMIT
With respect to any content you submit or make available to the Company (other than personal information, which is handled in accordance with the Privacy Information listed above, including but not limited to endorsements or testimonials, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images,
music or video) to which you do not have the full right to grant such a license to the Company. You acknowledge that you are responsible for any content you may submit through the Website, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Website any content that: is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws; may contain software viruses or malware; contains advertisements or solicitations of any kind, or other commercial content; is designed to impersonate others; contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; contains messages by non-spokesperson employees of The Company purporting to speak on behalf of The Company or containing confidential information or expressing opinions concerning The Company contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; contains multiple messages placed within individual folders by the same user restating the same point; contains chain letters of any kind; or contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Website to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Website to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
15) WARRANTY DISCLAIMER
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of the loss of Your data from Your use of the Website or
Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
16) NIGHTCLUBS, DAYCLUBS & LOUNGES
Nightclub, dayclub and lounge service providers may impose additional rules and restrictions on products and services available through the Company Websites. By purchasing products and services through The Company you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges paid for such reservation, and in being charged by the Company for any costs we incur as a result of such violation.
17) DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense if the Company wishes.
19) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
20) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
- a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
- c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
21) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
22) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
23) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
24) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the total price of the Service paid by You for to the Company for the transaction in dispute. This
section applies to any and all claims and remedies asserted and/or sought by You against the Company, whether arising in law, equity, and/or otherwise.
25) GENERAL PROVISIONS:
- a) LANGUAGE: All communications made, or notices given pursuant to this Agreement shall be in the English language.
- b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Nevada shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Clark County, Nevada. The Parties agree that this choice of law, venue, and jurisdiction provision is not