Effective August 7th, 2023
Use and Service. Our suite of software products including, but not limited to, web services, mobile platform, pricing and automation products, electronic tee sheet, web services, e-commerce, reporting and benchmarking, (herein referred to as “software suite”) provides services to you, subject to the following terms and conditions. If you visit, register, participate or engage with any of the products within the software suite, you accept these terms and conditions. Please read them carefully. These Terms of Use (“TOU”) govern your use of this software suite and are by and between, Sagacity Golf (referred to herein as “Sagacity Golf”, “we”, “us”, or “our”) and you, the user, on behalf of yourself and the user, customer or supplier for which you are engaging with the software suite (herein referred to as “you” or “your”). By using and accepting the services or functions offered in or by this software suite you waive any right to claim ambiguity or error in these TOU. If you do not agree to each and all of these terms and conditions, please discontinue your use immediately.
The software suite is not intended for the use of children under 18 and no such person is authorized to use it. By using the software suite, you are representing that you are at least 18 years old. You also represent, by accessing or using the software suite, that you are of legal age to enter into legal agreements.
Privacy Policy. The personal information you submit using the software suite is governed by the Sagacity Golf Privacy Policy, which is incorporated herein by reference. Your acceptance of these terms and conditions constitutes your acceptance of the Privacy Policy. If you object to your personal information being used as described in the Privacy Policy, please do not submit information to use, or register to use, the software suite.
Changes to Site and Terms of Use. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the software suite following the posting of changes to these TOU will mean you accept those changes. This software suite may include technical or other inaccuracies. Changes are made periodically to the information herein. However, Sagacity Golf makes no guarantee or commitment to update materials on this site.
WARRANTY & CONDITIONS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND SAGACITY GOLF, ALL INFORMATION CONTAINED WITHIN THE SOFTWARE SUITE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Mobile Platform Availability. Sagacity Golf is not liable for costs or damage if for any reason, any portion of the software suite, is not capable of functioning as intended, including bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sagacity Golf. Sagacity Golf does not warrant the software suite to be uninterrupted or error free at all times.
Prohibited Content and User Conduct. We are committed to fostering a safe and respectful environment for all users of our mobile app. In line with this commitment, we have a strict policy against objectionable content and abusive behavior. By using our mobile app, you agree to abide by the following guidelines regarding prohibited content and user conduct:
- Objectionable Content: Users are strictly prohibited from uploading, sharing, or promoting any content that is offensive, obscene, discriminatory, hateful, threatening, or otherwise objectionable. This includes, but is not limited to, content that promotes violence, harassment, racism, sexism, or any form of discrimination based on factors such as race, gender, sexual orientation, religion, or disability.
- Abusive Behavior: We do not tolerate any form of abusive or harmful behavior towards other users, our staff, or any individuals associated with [Your Platform/Service Name]. Users must refrain from engaging in activities such as cyberbullying, trolling, stalking, or any other behavior intended to intimidate, harm, or distress others.
- Respectful Communication: Users are expected to communicate with each other and with our staff in a respectful and courteous manner. Disagreements and discussions are welcome, but they must be conducted in a constructive and non-abusive manner.
- Reporting: If you encounter any content or behavior that violates these guidelines, we encourage you to promptly report it through the designated reporting mechanisms provided by Sagacity Golf Technologies. We take such reports seriously and will take appropriate action in accordance with our policies. All reported content will be reviewed within 24 hours.
Consequences of Violation. Violation of these guidelines may result in a range of actions, including but not limited to:
- Removal of objectionable content
- Temporary or permanent suspension of user accounts
- Restriction of access to certain features or areas of our mobile app
- Legal action as deemed necessary
We reserve the right to take appropriate action based on the severity and frequency of the violation, as well as any relevant laws and regulations. Our decisions in these matters are final.
User Responsibility. Users are solely responsible for their actions and the content they share on our mobile app. By using our platform, users acknowledge that they will adhere to these guidelines and will contribute to maintaining a positive and respectful community.
We appreciate your cooperation in helping us create a welcoming and safe environment for everyone who uses our app. If you have any questions or concerns about these guidelines or the conduct of other users, please do not hesitate to contact our support team at marketing@sagacitygolf.com.
Software Updates & Integrity. While Sagacity Golf makes every effort to provide accurate and secure information, we do not guarantee the information. Further, Sagacity Golf is not responsible or liable for incorrect or inaccurate information caused by the users or by any of the equipment or programming associated with or utilized in the software suite or by any technical or human error which may occur in the processing of any information related to the software suite. Sagacity Golf does not guarantee security of information that is transmitted, cached, downloaded, stored and/or otherwise replicated outside of the secure environment of this mobile platform.
Communications with this Software. You are prohibited from engaging with, posting or transmitting any unlawful, libelous, scandalous, defamatory, inflammatory, obscene, pornographic, profane, or threatening content or any content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Termination of Use. Sagacity Golf reserves the right and sole discretion (but not the obligation) to prohibit you from using the software suite, and to cancel, terminate, modify or suspend any or all the software suite, or any portion thereof, and void such information in case of corrupt or affected administration, security issues, fairness, integrity, or any violation of these terms and conditions. Sagacity Golf is held harmless in such an event.
DISCLAIMER. SAGACITY GOLF ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR PROMOTED ON THIS SOFTWARE SUITE. IN NO EVENT SHALL SAGACITY GOLF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM RELIANCE ON THE MATERIALS PRESENTED; COSTS OF REPLACEMENT GOODS; LOSS OF USE, DATA OR PROFITS; DELAYS OR BUSINESS INTERRUPTIONS; OR ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION WITHIN THIS SOFTWARE SUITE WHETHER OR NOT SAGACITY GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law. You agree that all matters relating to your access to or use of this software suite shall be governed by the laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby. In case of any dispute related to these TOU, the parties agree to submit to personal jurisdiction in the State of Delaware. Furthermore, the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any court of the State of Delaware or any federal court sitting in the State of Delaware for purposes of any suit, action or other proceeding arising out of these TOU. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS AND/OR PERFORMANCE OF THESE TOU.
Sagacity Golf makes no representation that information on this software suite is appropriate for your use. Those who access this software suite do so on their own initiative and are responsible for compliance with all applicable law.
These guidelines are subject to change at any time at our discretion. It is your responsibility to review these terms and conditions regularly for updates. Your continued use of our products after changes have been made indicates your acceptance of the revised guidelines.
Contact Us. If you have questions about these Terms of Use, please email marketing@sagacitygolf.com.
