These Terms of Use (the “Terms”) govern your access to and use of the Hallowed Rounds website, mobile applications, services, features, content and related offerings (collectively, the “Service”).
The Service is operated by Hallowed Rounds, LLC (“Hallowed Rounds,” “we,” “us,” or “our”).
By accessing or using the Service, creating an account, or submitting content to the Service, you acknowledge that you have read and understand these Terms and agree to be bound by them. If you do not agree to these Terms, do not use the Service.
These Terms include a mandatory arbitration and class action waiver agreement, requiring that any past, pending, or future disputes between you and us be resolved by final and binding arbitration on an individual basis only and for your losses only.
Please Read Section 28 carefully which includes information about opting out. Even if you opt-out of the arbitration agreement in Section 28, all other remaining sections of these Terms apply.
1. About Hallowed Rounds
Hallowed Rounds is an independent golf information and community platform. Among other things, the Service may provide information concerning golf courses and clubs, rankings and ratings, user reviews, historical and factual information, personal golf records, wish lists, recommendations, community features and tools through which users may communicate with one another.
Unless expressly stated otherwise, Hallowed Rounds is not a golf club, golf course, travel agent, booking service, tournament organizer, governing body, publisher of any third-party ranking identified on the Service, or representative or agent of any golf club or other third party referenced on the Service.
2. No Affiliation or Endorsement
Hallowed Rounds is an independent service.
Unless we expressly state otherwise, Hallowed Rounds is not affiliated with, sponsored by, endorsed by, authorized by, or otherwise officially connected with any golf club, golf course, resort, publication, ranking organization, architect, governing body or other third party identified or referenced through the Service.
References to third parties are provided for informational and identification purposes.
The inclusion of a golf club, course, publication, ranking, logo, name, trademark or other third-party identifier on the Service does not imply that the applicable third party participates in, approves of, endorses or has any relationship with Hallowed Rounds.
3. Third-Party Names, Trademarks and Logos
Names, trademarks, service marks, logos, crests and other brand identifiers belonging to golf clubs, publications and other third parties are the property of their respective owners.
Where Hallowed Rounds displays a third-party name, trademark, logo or similar identifier, it is intended to identify the applicable golf club, course, publication, ranking source or other referenced entity and not to indicate sponsorship, affiliation or endorsement.
No third-party trademark or logo displayed through the Service may be copied from the Service or used by a user for commercial purposes without authorization from the applicable rights holder.
Hallowed Rounds claims no ownership of third-party trademarks or logos merely because they appear on the Service.
If you are a rights holder and believe that a name, trademark, logo or other identifier is being used improperly on Hallowed Rounds, please contact us at: contact@hallowedrounds.com. We will review reasonable requests concerning such uses promptly.
4. Reviews, Rankings and Other Information
Third-Party Rankings and Information
Hallowed Rounds may report factual information concerning rankings, ratings, awards or other assessments published by third parties, including golf publications and other ranking organizations.
Such information is presented for reference, comparison and informational purposes. Hallowed Rounds does not claim ownership of third-party rankings and does not represent that it created, sponsors or controls them.
Where practicable, Hallowed Rounds identifies the source and applicable year or edition of third-party ranking information.
Rankings and other third-party information may change, may contain errors, may reflect subjective judgments, and may become outdated. Hallowed Rounds does not guarantee that third-party ranking information is complete, current or accurate.
The presentation, aggregation, comparison, sorting or analysis of third-party ranking data by Hallowed Rounds does not imply any relationship between Hallowed Rounds and the applicable publisher or ranking organization.
All editorial content, photographs, commentary, methodologies and other protectable material associated with a third-party publication or ranking remain the property of their respective owners.
Hallowed Rounds Rankings, Ratings and Opinions
Ratings, rankings, scores, recommendations and other assessments identified as originating from Hallowed Rounds reflect subjective opinions, methodologies and/or user input.
They are not statements of objective fact and should not be interpreted as representations concerning the quality, condition, desirability, prestige, accessibility or policies of any golf club or course.
Different users may reasonably have very different opinions about the same course.
Golf clubs and courses generally do not participate in, approve, or endorse Hallowed Rounds ratings or rankings unless expressly stated otherwise.
User Reviews and Ratings
Users may submit reviews and ratings which reflect the opinions of individual users, not Hallowed Rounds.
Users agree that reviews will reflect their genuine experiences and opinions.
Users may not knowingly submit fake reviews; materially false information; reviews in exchange for undisclosed compensation or benefits; reviews purporting to come from another person; or content intended artificially to manipulate a club's, course's or user's rating.
Hallowed Rounds may moderate or remove content as described in Section 10, but we do not undertake an obligation to investigate or independently verify every review or rating.
Hallowed Rounds may establish methodologies for calculating aggregate ratings and may change those methodologies from time to time.
5. Course and Club Information
Hallowed Rounds may provide information concerning golf clubs and courses, including names, locations, architects, dates, yardages, pars, championship histories, membership characteristics, rankings and other information obtained from publicly available sources, users, third parties or our own research.
We attempt to provide useful and accurate information but do not warrant that any such information is complete, accurate or current.
Golf clubs and courses may change their layouts, policies, membership requirements, guest policies, access rules, fees and other characteristics without notice.
Users should confirm information directly with the applicable club or course where accuracy is important.
6. Trip Planning and Itinerary Information
Hallowed Rounds may provide trip-planning tools that recommend golf courses, sequences of play, travel routes, overnight areas, estimated costs, driving times and other itinerary information based on information available to the Service and preferences provided by the user.
Trip plans and recommendations are informational planning tools and do not constitute reservations or guarantees of availability, access, pricing, travel time or suitability. Course access policies, green fees, operating schedules, road conditions and other circumstances may change.
Unless expressly identified as confirmed or booked, inclusion of a course, lodging area or other item in an itinerary does not mean that availability has been verified or that a reservation has been made.
Users should independently confirm material itinerary information before making travel arrangements or incurring non-refundable expenses.
7. Use of Artificial Intelligence (“AI”)
Some features of the Service, including the content and images included on our site and Services, use artificial intelligence, including generative AI tools provided by Hallowed Rounds or third-party providers ("AI Features"). Hallowed Rounds may also use AI tools in operating and supporting the Service.
Content generated by AI Features ("Outputs") may be inaccurate, incomplete, outdated, biased, or irrelevant, and may not be unique to you. Outputs are provided for informational purposes only. You are responsible for independently reviewing and verifying any Output before relying on it or using it to make decisions.
8. User Accounts
Certain features require an account.
When you create an account with us, you represent that you are at least 18 years old, and that the information you provide is accurate, complete and current at all times. You are responsible for maintaining the confidentiality of your account and account credentials/passwords. You accept responsibility for all activity or actions occurring through your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not impersonate another person, misrepresent your identity or affiliation, obtain unauthorized access to another user's account, or use the Service for fraudulent or unlawful purposes.
We may suspend or terminate accounts that violate these Terms or that we reasonably believe threaten the integrity, security or operation of the Service or its users.
9. User Content
The Service may allow users to submit reviews, ratings, comments, photographs, scorecards, course information, messages, profile information and other materials or communications (“User Content”).
Certain features may permit users to designate certain User Content as private or restrict its visibility to the user only, other specified users, or groups (“Private Content”). Private Content may include Round Notes (defined below), individual or group messages. All other content that has not been specifically designated by the user as “private” will be “Public Content”.
Hallowed Rounds will use reasonable measures designed to honor those visibility settings. However, no Internet service can guarantee absolute security or confidentiality.
Users should not upload information whose unauthorized disclosure could cause serious financial, personal or other harm.
Additional information concerning our collection and handling of personal information is provided in our Privacy Policy.
Round Notes
Hallowed Rounds allows users to record notes, observations and other information concerning rounds of golf they have played (“Round Notes”). Certain Round Notes may be designated as Public Content for sharing with other Hallowed Rounds users, while other Round Notes may be maintained as Private Content visible only to the user who created them.
Public or Shared Round Notes
Round Notes that are publicly displayed or shared with other Hallowed Rounds users may not identify, or contain information reasonably capable of identifying, any other person who participated in the round. Users may not include any image, photo, screenshot, including scorecards, that contain any identifying information that could reveal the identity of any person other than the user.
Without the express permission of the person concerned, users may not include another participant's:
- name, initials, nickname or username;
- photograph or other image;
- employer, title or other identifying professional information;
- club membership or other affiliation when it could reasonably identify the person;
- contact information;
- social-media account or identifier; or
- other information or combination of information that would reasonably enable another person to determine the participant's identity.
This restriction applies whether the information about the other participant is positive, negative or neutral.
Users may describe the golf round, golf course, conditions, their own experience and other non-identifying aspects of the round, but public or shared Round Notes should be about the course and the user's experience—not the identities of the people with whom the user played.
Caddy Shoutouts
The foregoing restriction does not apply to Caddy Shoutouts. Through the Caddy Shoutout feature, a user may publicly recognize a caddie who caddied for the user at a particular course, by displaying the caddie's name together with the user's name. Caddy Shoutouts are intended solely to recognize good service and may not include negative comments, ratings or other information about the caddie. Hallowed Rounds may remove any Caddy Shoutout at any time, including at the request of the caddie or the applicable club.
Hallowed Rounds may remove or edit publicly displayed Round Notes that violate this policy and may restrict a user's ability to publish Round Notes in the event of repeated or serious violations.
Private Round Notes
The foregoing restriction does not apply to Round Notes that are designated by the user and maintained by Hallowed Rounds as private notes visible only to that user.
Users may include names and other identifying information concerning participants in their own private Round Notes, subject to applicable law and these Terms.
Private Round Notes are intended as a user's personal record and are not published to other Hallowed Rounds users.
If a user subsequently changes a private Round Note to a public or shared status, the user is responsible for removing all information identifying other participants before doing so.
License to Use Content
You retain ownership of intellectual property rights you hold in your User Content.
By submitting User Content to portions of the Service intended for publication or sharing, you grant Hallowed Rounds a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to host, store, use, modify, adapt, reproduce, format, create derivative works from, display and distribute that User Content, in whole or in part.
This license does not apply to Private Content and does not convert content designated by the Service as private into Public Content. Hallowed Rounds will handle Private Content in accordance with the functionality and privacy settings described by the Service and our Privacy Policy.
We reserve the right to disclose any personal information or Private Content, without your prior permission, if we have a good faith belief that such action is necessary to: (i) satisfy any law, regulation or governmental request; (ii) protect and defend our rights; (iii) enforce these Terms; or (iv) act to protect the interests of our users or others.
You represent that you have the right to submit your User Content and that doing so does not violate another person's intellectual-property, privacy, publicity or other legal rights.
User Responsibility
Each user is responsible for determining whether information included in a public or shared Round Note could reasonably identify another participant.
The fact that another participant is a Hallowed Rounds user, public figure, golf-club member or otherwise publicly identifiable does not eliminate this restriction.
Hallowed Rounds reserves the right to remove identifying information or restrict access to User Content when reasonably necessary to protect participant privacy or enforce these Terms.
Prohibited Content
User Content that is prohibited in the Service includes, but is not limited to:
- User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harassing User Content;
- User Content of a sexual or offensive nature;
- User Content that promotes terrorism or religious hatred;
- User Content that promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
- User Content of commercial nature without authorization from us, including but not limited to, any solicitations, offers, advertisements, spam, or other promotional materials or links to posting or auto-posting products or services, account creation or auto-creation products or services, or flagging or auto-flagging products or services.
- User Content that is intentionally false, fraudulent or misleading.
Nothing in this Section shall restrict users from sharing personal recommendations for products, brands, or services that may be related to the Service or User Content, for example, accommodations or restaurants near golf clubs or courses of interest, caddie services, or equipment companies.
10. Modification and Removal of Content
Hallowed Rounds has the right, not the obligation, to correct, modify, remove or restrict access to content when we reasonably believe doing so is appropriate to operate the Service, enforce these Terms, address legal concerns, protect users or correct errors.
The existence of this right does not create an obligation to monitor all content or resolve disputes among users. We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk.
11. Member Communications and Golf Arrangements
Hallowed Rounds may provide features that enable users to identify courses they wish to play, communicate with other users, offer or request opportunities to play golf, or make other arrangements with one another.
Hallowed Rounds provides the technology facilitating these communications but is not a party to arrangements made between users.
Unless expressly stated otherwise, Hallowed Rounds does not:
- guarantee that any user has authority to invite guests to a particular club;
- guarantee access to any golf club or course;
- verify every representation made by users;
- guarantee that a proposed round will occur;
- set or collect greens fees or other charges imposed by a club;
- act as an agent for either user; or
- represent any golf club in connection with such arrangements.
Users are responsible for complying with applicable club rules, guest policies, financial obligations and standards of conduct.
Hallowed Rounds does not guarantee the identity, conduct, reliability or suitability of any person whom a user meets through the Service. Users should exercise appropriate judgment when meeting or interacting with people they first encounter through the Service.
12. Round-Sharing System; Guest Conduct and One-Strike Policy
Hallowed Rounds provides a user-to-user round-sharing system through which users may offer, request or arrange opportunities to play golf at clubs where another user is able and willing to host (the “Round-Sharing System”).
Participation in the Round-Sharing System is a privilege and is subject to standards intended to protect hosts, guests, participating users and the reputation and integrity of the Hallowed Rounds community.
Host and Guest Responsibilities
Users participating as guests are expected to conduct themselves in a manner appropriate to the club at which they are playing and to comply with all applicable club rules, customs, dress codes, guest policies and standards of conduct.
A guest is responsible for the guest's own conduct and, where applicable, for any charges, fees or expenses for which the guest has agreed to be responsible.
Hallowed Rounds does not control the rules or decisions of any golf club and does not guarantee that an invitation or proposed round will be accepted or honored by a club.
One-Strike Policy for Serious Guest Misconduct
Hallowed Rounds maintains a one-strike policy for serious negative guest experiences arising through the Round-Sharing System.
If a user who hosts another user through the Round-Sharing System submits a severely negative review of that guest, Hallowed Rounds may immediately suspend or permanently revoke the guest's ability to participate in the Round-Sharing System.
A severely negative review may include, without limitation, reports of serious violations of club rules or etiquette; abusive, threatening, dishonest or grossly inappropriate behavior; failure to honor material financial obligations associated with the round; conduct that materially embarrasses or adversely affects the host; conduct jeopardizing the host's standing or relationship with the club; or other behavior that Hallowed Rounds reasonably determines to be fundamentally inconsistent with participation in a trusted user-to-user hosting community.
A single incident may be sufficient. No prior warning or previous negative review is required.
The one-strike policy is intentionally strict. A user accepting an invitation through Hallowed Rounds is being afforded access based in significant part upon another user’s personal reputation and relationship with a golf club. User participating as guests therefore accept a heightened obligation to conduct themselves appropriately.
Review and Enforcement
Hallowed Rounds retains sole discretion to review the circumstances of any reported incident before imposing a suspension or permanent restriction. Hallowed Rounds may consider any and all circumstances, facts or other information available surrounding a complaint that it deems relevant.
Hallowed Rounds may consider the host's prior hosting history; the nature and seriousness of the reported conduct; information supplied by the guest; prior interactions between the parties; available communications or other relevant information; and whether there is reason to believe a report is mistaken, retaliatory, fraudulent or otherwise unreliable.
Hallowed Rounds is not a court or arbitration service and is not required to conduct a formal evidentiary proceeding. However, when reasonably practicable, Hallowed Rounds may provide the affected user an opportunity to explain the circumstances before making a final determination.
Hallowed Rounds may impose an immediate temporary suspension while reviewing a serious complaint.
Decisions concerning continued eligibility for the Round-Sharing System are made to protect the integrity of the Hallowed Rounds community and may be separate from a user’s eligibility to use other portions of Hallowed Rounds.
Reviews and Confidentiality
Reviews submitted in connection with the Round-Sharing System may be used by Hallowed Rounds for trust, safety, eligibility and reputational purposes.
Hallowed Rounds may limit the visibility of such reviews to protect user privacy and the integrity of the Round-Sharing System. A review used internally for these purposes need not be publicly displayed merely because it affects a user’s eligibility to participate.
No Guarantee or Agency Relationship
Hallowed Rounds provides the technology through which users may find and communicate with one another. Hallowed Rounds does not itself extend invitations to private clubs and is not the agent or representative of a host, guest or golf club.
Any invitation remains subject to the applicable club's rules and the host's ability and willingness to host.
By participating in the Round-Sharing System, users acknowledge that trust between hosts and guests is fundamental to the system and agree that Hallowed Rounds may restrict or terminate Round-Sharing privileges when Hallowed Rounds reasonably determines that continued participation would undermine that trust.
13. Verifications
You agree that we are entitled to conduct any identification and other verification checks we deem necessary to maintain the reputation and integrity of Hallowed Rounds, including requiring photo identification, performing club or other membership status confirmations, and any other verifications necessary to fact check User Content.
14. Anonymous and Identity-Protected Features
Certain Hallowed Rounds features may initially limit or conceal the identity of users communicating with one another while other communication features may reveal the identity of the user. Hallowed Rounds will disclose the identity visibility applicable to each feature.
Any anonymity or identity protection provided by the Service applies only to the manner in which Hallowed Rounds displays information through the applicable feature. We cannot guarantee that another user will be unable to infer someone's identity from information voluntarily disclosed, contextual information or circumstances outside Hallowed Rounds.
Where a feature provides for identity disclosure after acceptance, matching or another specified event, users authorize Hallowed Rounds to make the disclosure described by that feature.
15. Acceptable Use
You may not use the Service to:
- violate applicable law;
- harass, threaten, defame or impersonate another person;
- scrape, harvest or systematically extract substantial portions of the Service except as expressly permitted;
- interfere with the operation or security of the Service;
- introduce malicious code;
- obtain unauthorized access to accounts or systems;
- send spam or unsolicited commercial communications;
- infringe intellectual-property, privacy or publicity rights;
- submit knowingly false or deceptive reviews;
- circumvent access controls or privacy settings; or
- use Hallowed Rounds data to create or materially populate a competing database or service without our written authorization.
16. Hallowed Rounds Intellectual Property
Except for User Content and third-party materials, Hallowed Rounds and its licensors own the Service and its original content, software, design, database structure, Hallowed Rounds ratings and methodologies, graphics, branding and other proprietary materials.
The Hallowed Rounds name, Hallowed Rounds logo and associated brand elements are proprietary to Hallowed Rounds.
These Terms do not transfer ownership of any Hallowed Rounds intellectual property to users.
Subject to your compliance with these Terms, Hallowed Rounds grants you a limited, nonexclusive, non-transferable, personal, revocable license to access and use the Service for your personal, non-commercial use.
You may not reproduce, sell, license, commercially exploit or create a competing service from substantial portions of Hallowed Rounds proprietary content without permission.
17. Copyright and Intellectual-Property Complaints
Hallowed Rounds respects intellectual-property rights.
If you believe material available through the Service infringes your copyright, trademark or other intellectual-property rights, please contact us immediately at: contact@hallowedrounds.com.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Hallowed Rounds will respond to properly submitted notices of alleged copyright infringement that comply with 17 U.S.C. § 512(c). If you believe that any material available on or through the Service infringes your copyright, you must provide a written DMCA notice including:
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing, including reasonably sufficient information to permit Hallowed Rounds to locate the material;
- Your contact information, including name, address, telephone number, and email address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Hallowed Rounds may remove or disable access to allegedly infringing material and may terminate users who repeatedly infringe intellectual property rights.
18. Third-Party Websites and Services
The Service may contain links to third-party websites or services.
Hallowed Rounds does not control and is not responsible for third-party websites, their content, availability, security, privacy practices or terms.
A link does not constitute an endorsement or affiliation.
19. No Guarantee of Club Access or Membership
Information appearing on Hallowed Rounds concerning private clubs, memberships, guest opportunities, hosting, invitations or access does not create any right to enter or play at a golf club.
Admission and access remain entirely subject to the rules and discretion of the applicable club and its authorized members or representatives.
Hallowed Rounds cannot compel a club or member to honor an invitation or provide access.
20. No Professional Advice
Content on Hallowed Rounds is provided for recreational, informational and community purposes.
Nothing on the Service constitutes legal, financial, medical, safety or other professional advice.
21. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
HALLOWED ROUNDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SERVICE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY OR SECURITY.
WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITE AND SERVICES AND CONTENT ACCESSED THROUGH OUR SERVICE; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SERVICE OR CONTENT ACCESSED THROUGH OUR SERVICE; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED (INCLUDING ANY INVITATION OR OPPORTUNITY OFFERED BY ANOTHER USER WITH RESPECT TO ANY CLUB, COURSE, ROUND, MEMBERSHIP ETC), INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SERVICE OR CONTENT ACCESSED THROUGH OUR SERVICE.
Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
22. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HALLOWED ROUNDS AND ITS OWNERS, OFFICERS, DIRECTORS, STOCKHOLDERS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS OR REPRESENTATIVES, INCLUDING THOSE OF ANY SUBSIDIARY OR AFFILIATE (COLLECTIVELY, "OUR REPRESENTATIVES" AND INDIVIDUALLY "OUR REPRESENTATIVE") WILL NOT BE LIABLE FOR ACCESS TO, USE OF OR RELIANCE ON OUR SERVICE OR CONTENT ACCESSED THROUGH OUR SERVICE BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SERVICE OR CONTENT ACCESSED THROUGH OUR SERVICE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE OR CONTENT ACCESSED THROUGH OUR SERVICE; ANY INABILITY TO ACCESS OR USE OUR SERVICE OR CONTENT ACCESSED THROUGH OUR SERVICE, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SERVICE OR CONTENT ACCESSED THROUGH OUR SERVICE. NOTHING IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SERVICE OR CONTENT ACCESSED THROUGH OUR SERVICE.
IN NO EVENT WILL WE OR OUR REPRESENTATIVES HAVE ANY LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SERVICE OR CONTENT ACCESSED THROUGH OUR SERVICE BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID HALLOWED ROUNDS ANY AMOUNTS IN THE TWELVE (12) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SERVICE AND TO CANCEL YOUR ACCOUNT, IF ANY.
THESE LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND DO NOT LIMIT LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED.
23. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Hallowed Rounds and our Representatives from claims, causes of action, liabilities, losses, damages, costs and expenses (including without limitation attorneys’ fees) arising from or incidental to: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive, a violation of their privacy rights, or an infringement on their intellectual property rights); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content, and (d) your violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.
24. Changes to the Service and Terms
We may modify the Service and these Terms from time to time.
Where required by applicable law, we will provide notice of material changes and obtain any consent required by law.
The effective date appearing above identifies the version currently in effect.
25. Paid Services and Subscriptions
Certain features may require payment or a subscription.
Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be disclosed at the time of purchase and may depend on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Hallowed Rounds cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Hallowed Rounds’ customer support team.
A valid payment method, including credit card, is required to process the payment for your subscription. Hallowed Rounds may use a third-party payment processing provider (a “Payment Agent”) to process your payments. You agree that our Payment Agent may store your method of payment details to process future purchases or renewals. By accepting these Terms, you authorize our Payment Agent to store your payment credentials in compliance with applicable payment processing regulations.
You shall provide Hallowed Rounds and/or its Payment Agent with accurate and complete billing information including full name, address, state, zip code, and telephone number.
Should automatic billing fail to occur for any reason, and you do not provide a new valid form of payment, your Account may be suspended or terminated.
Free Trial
Hallowed Rounds may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (a“Free Trial”).
You may be required to enter your billing information in order to sign up for aFree Trial.
If you do enter your billing information when signing up for a Free Trial, you will not be charged by Hallowed Rounds or its Payment Agent until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Hallowed Rounds reserves the right to (i) modify the terms of a Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
Hallowed Rounds, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Hallowed Rounds will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except where otherwise required by law or expressly stated at the time of purchase, Subscription fees or other purchases are non-refundable.
26. Termination
You may stop using Hallowed Rounds at any time.
Hallowed Rounds may suspend or terminate access where reasonably necessary because of a violation of these Terms, unlawful conduct, security concerns, abuse of other users or discontinuation of the Service.
Provisions that by their nature should survive termination—including provisions concerning intellectual property, disclaimers, limitations of liability and dispute resolution—will survive.
27. Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware.
28. Dispute Resolution
Initial Dispute Resolution Procedure
Before pursuing any claims through arbitration, both parties must attempt to resolve disputes informally. Here's the process:
- The initiating party must notify the other party in writing of their intent to resolve the dispute informally within 30 days.
- The initiating party must email us at: contact@hallowedrounds.com with "Complaint" in the Subject Line and include:
- Your username;
- Your first and last name as registered on your account;
- A detailed explanation of the complaint/claim;
- Any specific dates and times associated with the complaint/claim;
- The remedy or action you are seeking from Hallowed Rounds.
- Upon receipt of your Complaint, we'll aim to reply within 48 hours and resolve the issue within 30 days. If you're not satisfied after this process, You can pursue arbitration as outlined below. Both parties must engage in good faith negotiations before arbitration. Even if you opt out of arbitration, the Initial Dispute Resolution procedure remains in effect.
Binding Arbitration & Class Action Waiver Agreement
Please carefully read this Arbitration & Class Action Waiver Agreement ("Agreement"). This Agreement establishes how any disputes between you and Hallowed Rounds, LLC will be resolved through final and binding arbitration on an individual basis only, and solely for your own losses. By agreeing to this Agreement, you are giving up your right to proceed as part of a class or collective action or to seek relief on behalf of others. Arbitration means you cannot seek damages in court or present your case to a jury.
- Acceptance of Terms. By accessing or using the Service, you agree to its terms. If you do not agree, you may not access or use the Service. This Agreement applies to all your activity and use of any Service, including transactions with Hallowed Rounds regardless of when they occurred.
- Scope of Agreement to Arbitrate. You and Hallowed Rounds agree that any dispute arising from your use of the Service, including claims related to this Agreement, the Terms of Use, or Privacy Policy, shall be resolved by arbitration. However, claims involving the unlawful use of intellectual property are exempted from arbitration.
- Separate Agreement. This Agreement stands independently from other terms and policies. Invalidity or illegality of other parts does not affect the validity of this Agreement.
- Initiating Arbitration. After the initial dispute resolution process, arbitration may be sought through the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitrator will have the authority to award remedies available in individual lawsuits.
- Option and Procedure to Opt-Out of Arbitration. You have the option to opt out of arbitration within thirty (30) days of entering this Agreement by emailing contact@hallowedrounds.com with the subject line "OPT OUT" and providing your full name and address.
- Location of Arbitration and Applicable Rules. Arbitration will proceed individually, governed by AAA rules, with arbitration fees paid according to those rules. Any claims as to the enforcement of arbitration or claims relating to the application, enforcement or interpretation of this Section will be held in the Delaware Court of Chancery.
- Waiver of Class Relief and Collective Action. Both you and Hallowed Rounds waive the right to participate in class actions or collective arbitration. You can only arbitrate or litigate individually for your own losses.
- Waiver of Jury Trial. BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING FROM THE SERVICE.
- Severability. This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
29. Severability
If a provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in effect, except where applicable law requires a different result.
30. Entire Agreement
These Terms, together with the Privacy Policy and any additional terms expressly applicable to particular features, constitute the agreement between you and Hallowed Rounds concerning use of the Service.
31. Contact
Questions concerning these Terms, or any comments, feedback or technical issues may be sent to us at: contact@hallowedrounds.com.