These terms and conditions (“Terms”) are effective August 17, 2018, and set forth the terms and conditions of the GolfNow VIP Program (“Program”) and membership in the Program, either Monthly or Annual (“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
For GolfNow VIP Annual Memberships:
Your VIP Membership shall remain in effect for one (1) year from the date of Your VIP Membership purchase.
Your GolfNow VIP Annual Membership shall remain in effect for one (1) year from the date of Your VIP Membership purchase.
GOLFNOW VIP ANNUAL 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 THE FOLLOWING ACTION WITHIN THIRTY (30) DAYS OF RECEIVING SUCH NOTICE OF RENEWAL:
For GolfNow VIP Monthly Memberships:
Your GolfNow VIP Monthly Membership shall remain in effect for thirty (30) days from the date of Your VIP Membership purchase.
GOLFNOW VIP MONTHLY MEMBERSHIPS SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE THIRTY (30) DAY PERIODS, UNLESS TERMINATED PRIOR TO THE RENEWAL DATE FOLLOWING THE STEPS LISTED ABOVE.
UNLESS YOU NOTIFY GOLFNOW THAT YOU WISH TO BE OPTED OUT OF THE AUTO-RENEWAL, YOU UNDERSTAND THAT YOUR VIP MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE GOLFNOW TO COLLECT THE FEE THEN-APPLICABLE TO YOUR MONTHLY OR ANNUAL VIP MEMBERSHIP 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 VIP Membership Fee at the time Your VIP Membership has automatically renewed, GolfNow will send You a notice of payment failure. You must provide GolfNow with a new valid credit card within fifteen (15) days of receiving said notice or Your VIP Membership will be cancelled (the “Grace Period”). You understand and agree that upon payment failure, GolfNow may retry the credit card periodically throughout the Grace Period without prior notice until either payment is successful or your VIP Membership is cancelled. Once successfully renewed, Your VIP Membership shall be in effect for the applicable renewal period (thirty (30) days for VIP Monthly or one (1) year for VIP Annual) retroactive to Your original date of renewal.
You must have a GolfNow Account in order to purchase a VIP Membership. Amazon accounts and guest accounts that may be used to access GolfNow’s platforms are not eligible for the Program. 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 Program is void where prohibited by law and is initially only available to Users residing in the United States and Canada.
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.