OVERVIEW

This website is operated by GOLF TIER SYSTEM LLC, a Wyoming Company. Throughout the site, the terms “we”, “us” and “our” refer to GOLF TIER SYSTEM LLC. GOLF TIER SYSTEM LLC offers this website, including all information, tools and Services (defined below) available from this site to you, the user, on your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/or purchasing something from us, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Services on our website. By accessing our Services or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to the Terms, then you may not access the website or use our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website are subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

SECTION 1 - WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

With the exception of credit card information, which is always encrypted during transfer over networks, you understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities.  All sales are final.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you transact. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, GRANT, AND CONDITIONS

If you choose to provide feedback including any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our Services, site, proposed services, documentation or business (“Feedback”), we will own and may use such Feedback without any restrictions and obligations to you, and you hereby waive any claim you have to ownership, compensation, monetary or otherwise.

You grant us a non-exclusive right to use your name, trade-names, trademarks, service marks, trade dress and logos to promote our Service.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see my.golftiersystem.com/pages/privacy 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, following general conditions apply to your use of the Services:

You are responsible for your conduct and activity when using our website. You must ensure that you do not, either directly or indirectly:

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall GOLF TIER SYSTEM LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless GOLF TIER SYSTEM LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Wyoming, U.S.A..

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - NO REFUND CLAUSE

We do not offer refunds for any products or services purchased through our website unless explicitly stated otherwise. All sales are final.

SECTION 21 – END USER SOFTWARE LICENSE AGREEMENT

YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE.

This Agreement becomes effective on the date you download or use the copyrighted material

  1. License to Use. The Copyrighted material is licensed to you, not sold, under the terms of this License. GOLF TIER SYSTEM LLC (“ GTS ”) grants you (“ Customer ”) the right to use the Software, in machine readable form, and the accompanying English language documentation, on the number of computers and the number of instances per computer for which you have paid the applicable license fee and obtained validation from a server operated on behalf of GTS (“ Program Key(s) ”) to enable the execution of the Software. The License also includes use of any printed or otherwise non-software material provided to you in relation with the golf training program. All material provided to you under the License is for Copyrighted Material and includes but is not limited to: Software, Coursework, Course Materials, Handouts, Pamphlets, Cards, Pneumonics, etc. The Software is “in use” when it is loaded into a computer’s temporary memory (RAM) or copied into permanent memory ( e.g. , a hard drive). You must have a separate license and Program Key for each computer which uses the Software. You are solely responsible for the proper installation, testing, integration, use and operation of the Software in accordance with its documentation and all applicable laws. You understand and agree that the Program Key(s) must be periodically renewed by connecting to GTS’s server, and that the Software may cease to operate after a failure to renew the Program Key(s).
  2. Limitations on Use.YOU MAY NOT:
    1. Copy, reproduce or transmit the Software or Documentation, except for one (1) backup copy.
    2. Use all or part of the intellectual property, i.e. name, logos, photos, course layout and design, or trademarks, of a licensed golf course to promote your products and/or services without prior written consent of the intellectual property owner.
    3. Modify, adapt, translate, decompile, disassemble, decrypt, extract or otherwise reverse engineer the Copyrighted Material, including any Software, Course Material, or Program Keys, or create derivative works from the Software.
    4. Use the Copyrighted material for any purpose other than its intended purpose and may not use the Copyrighted material for any unlawful activity.
  3. Ownership. The Software and documentation, content accessed through the Software, all copies of the Software and documentation, and any software, firmware, codes, serial numbers or other identifiers used by the Program Key(s) to enable execution of the Software is owned by GTS or its licensors and is protected by US copyright, trademark and other intellectual property laws and international treaties. Rights not expressly granted are reserved to GTS and its licensors. Unauthorized use or copying of the Software, or failure to comply with this License, will result in automatic termination of the License and may subject you to civil and criminal penalties. You shall not, directly or indirectly, reverse engineer, decompile, or disassemble the Software or otherwise or attempt to derive the source code of the Software.
  4. Data Collection and Storage. The Software operates in part by collecting and storing user data. When you use the Software, GTS may collect and process information about your identity, location, software usage, etc. You agree that GTS shall have the right to collect, store, and use any data you provide, either directly ( e.g. , by submitting information in a form, such as your name, age, gender, location, e-mail address, avatar, etc. ) or indirectly ( e.g. , by a sensor to interact with the Software, such as by simulating a golf swing, a ball’s flight path, etc. ). You agree that GTS may share such data to the extent you have granted permission ( e.g. , in social-media postings, contest results, etc. ). Your permission may be changed or revoked at any time by visiting your privacy settings on GTS’s web site. However, you understand that by limiting GTS’s use of your data, some features or functionality of the Software may not be available ( e.g. , contest entries). The Copyrighted Material is not intended for processing confidential or personal data; the User bears all risks related to data privacy and security. The User is solely responsible for the accuracy of third-party content or other input into the software of Copyrighted Material
  5. Customer Remedies. GTS’s entire liability and your exclusive remedy under this warranty will be the correction of defects in media or the replacement of media, or, if correction or replacement is not reasonably achievable by GTS, the refund to you of the license fee paid, upon return of the Software and documentation.
  6. LIMITATION OF DAMAGES. IN NO EVENT WILL GTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER RELATING TO THIS LICENSE OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST GOODWILL, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. SOME JURSIDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
  7. WARRANTIES. THE SOFTWARE AND COPYRIGHTED MATERIAL IS PROVIDED “AS IS.” GTS DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE SOFTWARE WHETHER EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
  8. Confidentiality. The Software contains trade secrets and confidential and proprietary information of GTS and its licensors. You agree to take adequate steps to protect the Software from unauthorized disclosure or use. You must also inform GTS of any suspected Copyright violations including the unauthorized use or dissemination of any Copyrighted Material by any third parties including but not limited to golf instructors, institutions, golf professionals, etc.
  9. Termination. This License is effective until terminated. You may terminate this License at any time by destroying your copies of the Software and documentation. This License will terminate immediately without notice from GTS if GTS believes you fail to comply with any provision of this License.
  10. Export. The Software and Program Key(s) are licensed for use in the US and its territories, or any other country to which the Software is legally exported. You certify that neither the Software, Program Key(s) nor any direct product thereof is being or will be exported or re-exported, directly or indirectly, to any country for which a validated license is required under such laws (including but not limited to any country determined by US export regulatory authorities to be a prohibited destination) without first obtaining such a validated license.
  11. General Provisions. This License is made under and governed by the laws of the State of Wyoming, United States, excluding that body of law pertaining to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods, and further excepting those provisions of local law which are mandatory and which may not be waived or varied by the parties. Any provisions of this License held, in any jurisdiction, to be in violation of applicable law, void, or unenforceable are waived to the extent necessary for this License to be otherwise enforceable in such jurisdiction. This License is the entire agreement between you and GTS relating in any way to the Software, and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this License. No variation of the terms of this License or any different terms will be enforceable against GTS, except by an express writing signed by an officer of GTS. This Agreement may be translated into your native language if other than English for your convenience, provided, however, that in all events the English language text of this Agreement, as executed, shall constitute the governing text.
  12. Dispute Resolution. All disputes under this License not otherwise resolved shall be submitted to arbitration under the rules of the American Arbitration Association (the “ AAA ”) or, by mutual consent, any other nationally or internationally recognized arbitration association, by a single arbitrator as we agree, or failing such agreement within thirty (30) days, by a panel of three arbitrators, one of whom shall be appointed by you, one shall be appointed by us, and the third shall be appointed by the other two, except that if no agreement is reached by on the third arbitrator within thirty (30) days, the third arbitrator shall be appointed by the President (or equivalent officer) of the AAA. The arbitration shall take place in Henderson, Nevada, and shall be conducted in the English language. The decision of the arbitrator(s) shall be binding upon the parties. Under no circumstances shall the arbitrator(s) have any authority to award punitive damages. Judgment on the arbitrator(s)’s award may be entered in any court having proper jurisdiction. The prevailing party shall be entitled to reimbursement of attorneys’ and other fees incurred in satisfying its judgment. We may, before or during any arbitration, apply to any court having jurisdiction for a temporary restraining order, preliminary injunction, injunctive decree, or other measures where we believe such relief is necessary to protect our interests or rights before the institution or pending completion of arbitration proceedings.
  13. Entire Agreement  This Agreement constitutes the entire agreement between Provider and Client regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
  14. Miscellaneous. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extend deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result. 

 

SECTION 22 - CONTACT INFORMATION

 Questions about the Terms of Service should be sent to us at [email protected].

 Our contact information is posted below:

GOLF TIER SYSTEM LLC

30 N GOULD ST STE R

SHERIDAN, WY 82801