Effective Date: July 1, 2024
These Terms of Service (the “Terms of Service” or “Agreement”) govern the use of the mobile and internet-based services provided by MMC Corporate Inc., located at 4600 Touchton Road East, building 100, suite 150, Jacksonville, FL 32246, (“MMC”, “we”, “us” or “our”) at and through the platform www.golfitseveryonesgame.com (the “Platform”). The Terms of Service include all exhibits or policies referenced in the Terms of Service, including the Privacy Policy.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN MMC AND YOU, WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE AN INDIVIDUAL WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW.
The Platform provides you (the “Sponsor” or “Donor” or “you” or “your”) with access to Golf It’s Everyone’s Game (GIEG) growth initiative benefits as provided herein (collectively, the “Services”).
Each Sponsor or Donor is solely responsible for selecting the Services to be provided. Any decision by the Member to receive Services is a decision made in such person’s sole discretion. We make no representations or warranties whatsoever with respect to the Services. We do not assume any responsibility for the accuracy or reliability of this information or any information provided on or through the Platform.
You are strictly prohibited for using the Platform for commercial use and if you do so then you will be liable for all damages.
You shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, resell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any right of any person, or that violates any applicable law.
During the term of this Agreement, you shall pay us for the Services in the amounts provided herein, which is based on your sponsorship level. We offer the following six (6) different sponsorship levels:
Benefits:
Benefits:
Benefits:
Benefits:
Benefits:
Benefits:
We provide two payment methods:
(1) A one-time, upfront, and in-full basis for the six sponsorship levels. You shall make such payments to us prior to the start of the Services. We accept payment on this website via credit or debit card.
(2) In the case of business account Sponsors and/or Donors, we will issue invoices from the start date of the Services, based on your sponsorship. Payment is due to us within 30 days of invoice.
By providing any payment information through us, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s) or any other payment type used; and (3) such action does not violate the terms and conditions applicable to your use of such payment method account(s) or applicable law.
When you authorize a payment method account via our Platform or with MMC, you represent warrant, and covenant that there are sufficient funds or credit available to complete a payment using payment method.
All payments made to us are non-refundable. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties. Any amounts not paid when due will bear interest at the rate of one- and one-half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your payment method for any reason, we may provide you, via email, a notice of such non-payment and a link for you to update your payment information.
You agree to immediately notify us of any change in your payment method used for payment hereunder. We may change the pricing for the Services (from time to time at our sole discretion) by updating the price list included on the Platform and without any additional notice to you, provided that any changes will not affect any Services purchased prior to the notice.
We will use reasonable attempts to fix processing errors. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history may be deemed a waiver of any right to amounts owed to you.
The GIEG growth initiative is owned and operated by MMC and MMC is NOT a non-profit. MMC is a for-profit entity. You are not permitted to impose restrictions on the use of such Donation by MMC. To the extent that you make a Donation, and to the extent that you purport to direct the use of the Donation by MMC, any such directions shall constitute non-binding recommendations only and MMC shall have full discretion to determine how all Donations will be used.
You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible (if any at all), for tax recognition of any Donation in any relevant jurisdiction. MMC makes no representation as to whether all or any portion of your Donations are tax deductible or eligible for tax credits. MMC will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, or any user.
By becoming a Sponsor or Donor, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number or e-mail address, including advertisements. By consenting to being contacted, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, including but not limited to: reminders in connection with operational communications concerning your Accounts or use of the Platform or Services, updates concerning new and existing features on the Platform, communications concerning promotions run by us or our third party partners, and news concerning us and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY EMAILING US AT info@golfitseveryonesgame.com. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Platform or the Services. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the Platform or the Services.
We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and we shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. We have no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
We will make reasonable efforts to keep the Services operational 24 hours a day/ 7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet failures, server or any platform system interruptions or delays.
We do our best to keep the Platform safe and spam free, but can’t guarantee it. With respect to your use of the Platform and receipt of Services, you agree not to violate any law, statute, ordinance or regulation; rent, lease, lend, sell, redistribute, license or sublicense the Platform.
The Services contain content and technology of ours that is protected by copyright, trademark, patent, trade secret and other laws. We own all intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Property”). You may not copy, modify, or reverse engineer any part of the Services or the Property.
We respect the intellectual property of others. We may, at our discretion, disable and/or terminate the Accounts of anyone who we, in our determination, believe have repeatedly infringed others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at info@golfitseveryonesgame.com.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF THE SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, TABLETS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BOIDLY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
You agree to defend, indemnify and hold harmless MMC and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any rights of a third party, including without limitation any copyright, intellectual property, trade secret or privacy right; or (iv) any third-party claims and/or damages relating to death, personal injury or emotional distress arising from or related to use of the Services or the Services. This defense and indemnification obligations will survive the termination of this Agreement and your use of the Services.
These Terms of Service and all referenced exhibits or policies, including the Privacy Policy, constitute the entire agreement between you and us concerning the subject matter herein and the use of the Services supersedes any and all previous agreements, written or oral, between you and us, including previous versions of these Terms of Service.
We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced exhibits or policies, including the Privacy Policy. We will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate and immediately stop using the Platform. Your continued use of the Platform following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.
We may assign these Terms of Service or any other agreement with you in whole or part at any time.
These Terms of Service and the relationship between you and MMC shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and MMC agree to submit to the personal and exclusive jurisdiction of the courts located within Duval County, Florida.
Any failure to enforce or exercise a right provided in these Terms of Service is not a waiver of that right. Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
You and MMC both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be led within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
End of terms.