These terms and conditions (“Terms”) are effective January 16, 2018, and set forth the terms and conditions of the GolfNow VIP Program (“Program”) and membership in the Program (“VIP Membership(s)”). These Terms constitute a binding agreement between GolfNow, LLC (“GolfNow”) and Program VIP Members (“You,” “Your,” or “User”) (each individually a “Party” and collectively, the “Parties”). Your purchase of a VIP 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.
VIP Membership Term & Automatic Renewal
Your VIP Membership shall remain in effect for one (1) year from the date of Your VIP Membership purchase.
VIP 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 VIP MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST TAKE ONE OF THE FOLLOWING ACTIONS WITHIN THIRTY (30) DAYS OF RECEIVING SUCH NOTICE OF RENEWAL:
Upon your purchase of a VIP Membership, GolfNow will send you twelve (12) TaylorMade Project (a) golf balls welcoming You to the Program, to be shipped within thirty (30) business days of your purchase of a VIP Membership. GolfNow reserves the right to change this offer at any time in its sole discretion. Limited time offer starting June 5, 2018. While supplies last.
Your purchase of a VIP Membership will include the following benefits for tee times booked on GolfNow.com and the GolfNow mobile app (“GolfNow’s Distribution Channels”):
VIP Membership Cancellation
You may cancel Your VIP Membership any time within the first thirty (30) days after Your VIP Membership purchase by calling the VIP Golfer Care number at (833) GOLFVIP (833-465-9847) and request a membership cancellation, provided that You have not made an eligible GolfNow reservation or used any Program benefits since the date of Your VIP Membership purchase. If You cancel within thirty (30) days of purchasing Your VIP Membership and You have not made an eligible GolfNow reservation and have not used any Program benefits since the date of Your VIP Membership purchase, GolfNow will refund Your VIP Membership Fee in full. Other than the cancellation options outlined above, the VIP Membership is cancelable 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 VIP 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. VIP Memberships can only be assigned to one individual; no joint-memberships will be permitted. In the event of the death of a User, their VIP 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 VIP Membership.
Termination by GolfNow
GolfNow may terminate Your VIP 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 VIP 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 VIP 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 VIP 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.