These terms and conditions (“Terms”) are effective January 1, 2018, and set forth the terms and conditions of the GolfNow Play Card Program (“Program”) and membership in the Program (“Play Card Membership(s)”). These Terms constitute a binding agreement between GolfNow, LLC (“GolfNow”) and Program Play Card Members (“You,” “Your,” or “User”) (each individually a “Party” and collectively, the “Parties”). Your purchase of a Play Card Membership constitutes Your acceptance of these Terms, as well as other applicable terms, conditions, limitations and requirements set forth on GolfNow’s website, all of which (as changed over time) are incorporated herein by this reference.
Play Card Membership Term & Automatic Renewal
Your Play Card Membership shall remain in effect from date of purchase to December 31, 2018.
PLAY CARD MEMBERSHIPS SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE (1) YEAR PERIODS, UNLESS EARLIER TERMINATED IN ACCORDANCE WITH THESE TERMS. GOLFNOW WILL SEND YOU A NOTICE OF RENEWAL AT LEAST THIRTY (30) DAYS PRIOR TO YOUR AUTOMATIC RENEWAL DATE. IF YOU DO NOT WANT YOUR PLAY CARD MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST TAKE THE FOLLOWING ACTION WITHIN THIRTY (30) DAYS OF RECEIVING SUCH NOTICE OF RENEWAL:
UNLESS YOU NOTIFY GOLFNOW THAT YOU WISH TO BE OPTED OUT OF THE AUTO-RENEWAL, YOU UNDERSTAND THAT YOUR PLAY CARD MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE GOLFNOW TO COLLECT THE THEN-APPLICABLE PLAY CARD MEMBERSHIP FEE AND ANY TAXES USING ANY CREDIT CARD GOLFNOW HAS ON RECORD FOR YOU.
In the event the credit card(s) GolfNow has on record for You are declined for payment of the then-applicable Play Card Membership Fee at the time Your Play Card Membership has automatically renewed, GolfNow will send You a notice of payment failure. You must provide GolfNow with a new valid credit card within seven (7) days of receiving said notice or Your Play Card Membership will be cancelled. Once renewed, Your Play Card Membership shall be in effect for the one (1) year renewal period beginning on the date the then-applicable Play Card Membership Fee was successfully charged.
Play Card Membership
You must have a GolfNow Account in order to purchase a Play Card Membership.Certain GolfNow markets may not participate in the Program, such markets being subject to change or termination at any time in GolfNow’s sole discretion without notice to You. The Play Card Membership is limited to the market in which it was purchased. Purchase of a Play Card Membership in one market does not entitle You to Program benefits in other markets or at non-participating courses. The Program is void where prohibited by law and is initially only available to Users residing in the United States and Canada.
Your purchase of a Play Card Membership will include the following benefits for tee times booked on GolfNow.com, the GolfNow mobile app, or through the Play Card reservation line INSERT NUMBER (“GolfNow’s Distribution Channels”):
Purchase of the Play Card entitles You to receive Twenty-Five Percent (25%) off any tee time booked through GolfNow’s Distribution Channels, excluding Hot Deals Tee Times, at participating courses in the single market where the Play Card was purchased.
Play Card Membership Fee
The Play Card Membership Fee is stated on and can be paid for at GolfNow.com/PlayCard. A valid credit card is the only acceptable form of payment for making a Play Card Membership purchase. The Play Card Membership Fee is a single annual payment and is non-refundable, except as expressly set forth herein. All Play Card Membership prices are stated in U.S. Dollars. Taxes may apply on the Play Card Membership Fee. In the event GolfNow changes the Play Card Membership Fee after You have purchased Your Play Card Membership, Your Play Card Membership will not be affected until it automatically renews, at which point You would be charged the then-applicable Play Card Membership Fee.
Play Card Membership Cancellation
You may cancel Your Play Card Membership any time within the first thirty (30) days after Your Play Card Membership purchase by calling the Play Card Golfer Care number at (800) 278-9702 and requesting a membership cancellation, provided that You have not made an eligible GolfNow reservation or used any Program benefits since the date of Your Play Card Membership purchase. If You cancel within thirty (30) days of purchasing Your Play Card Membership and You have not made an eligible GolfNow reservation and have not used any Program benefits since the date of Your Play Card Membership purchase, GolfNow will refund Your Play Card Membership Fee in full. Other than the cancellation options outlined above, the Play Card Membership is non-cancellable and non-refundable during the membership period.
Program benefits are only available on GolfNow’s Distribution Channels, and are subject to availability. When making a GolfNow reservation, You must be logged in to the GolfNow email account associated with Your Play Card Membership purchase in order to receive full Program benefits. GolfNow reserves the right, in its sole discretion, to accept or refuse membership and to add, remove or modify Program benefits.
Program benefits associated with a User’s account do not constitute property of the User, have no cash or monetary value and cannot be bartered, sold, assigned or transferred by operation of law or otherwise. Except as otherwise specifically stated herein, Program benefits earned are not transferable to other programs administered by GolfNow and/or its affiliates. Play Card Memberships can only be assigned to one individual; no joint-memberships will be permitted. In the event of the death of a User, their Play Card Membership is not transferable and cannot be given to survivors or beneficiaries. To the extent that any Program benefits are subject to income or other taxes, You are responsible for paying all such taxes.
GolfNow, at any time and in its sole discretion, may modify or eliminate the Program. This means that GolfNow may make changes that affect, without limitation: processes; benefits; rules for convenience fees; rules for earning and redeeming rewards; rules for the use and availability of points and rewards; reward inventory; reward types, and rules for Worry-Free Tee Times™. In the event the Program is eliminated, GolfNow will give You a prorated refund based on the number of full months remaining in Your Play Card Membership.
Termination by GolfNow
GolfNow may terminate Your Play Card Membership in its sole discretion, without notice. In such event, GolfNow will give You a prorated refund based on the number of full months remaining in Your Play Card Membership. However, GolfNow will not give any refund for termination related to conduct that GolfNow determines, in its sole discretion, violates these Terms or any applicable law, involves fraud or misuse of the Play Card Membership, or is harmful to GolfNow’s interests or the interests of another User. GolfNow’s failure to insist upon or enforce Your strict compliance with these Terms shall not constitute a waiver of any of GolfNow’s rights.
Fraud or abuse occurring in connection with the Program is subject to appropriate administrative and/or legal action by GolfNow. This includes, without limitation, the forfeiture of all Program benefits, accrued GolfNow Rewards points, cancellation of any GolfNow Reward previously issued and/or termination of the User’s participation in the Program. Examples of fraud or abuse include, but are not limited to: (i) Users creating multiple accounts for the same User to earn multiple sets of GolfNow Rewards or waived convenience fees; (ii) Users reserving rounds of golf in order to earn Program benefits but not actually showing up at the course to play the round; or (iii) Users selling or otherwise attempting to transfer their Play Card Membership, convenience fees, or GolfNow Rewards to others.
Site Policies, Modification, and Severability
YOUR CONTINUED MEMBERSHIP IN THE PROGRAM AFTER GOLFNOW CHANGES THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES MADE TO THESE TERMS, YOU MUST CANCEL YOUR MEMBERSHIP.
Applicable Law and Dispute Resolution
These Terms and the Program shall be governed by and construed in accordance with the laws of the United States of America and the State of Florida. All disputes which cannot be resolved between the Parties, and any causes of action arising out of or relating to the Program shall be resolved exclusively within the state and federal courts located in Orlando, Florida, without resort to any form of class action, and each Party hereby irrevocably consents to the jurisdiction of such courts and hereby waives all objections thereto.
EACH PARTY HEREBY IREEVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, OR THE TRANSACTIONS CONTEMPLATED HEREUNDER.
Limitation of Liability
GolfNow endeavors to keep the information on GolfNow’s website current, including these Terms. More information regarding the Program may be found on the Program’s FAQ Page. If You have further questions, please contact GolfNow’s customer service representatives. All questions or disputes involving the interpretation or application of these Terms will be decided by GolfNow in its sole discretion and all such decisions shall be final. Nothing in these Terms shall limit GolfNow from exercising any legal rights or remedies that it may have.