TERMS & CONDITIONS OF SERVICE
TERMS & CONDITIONS OF SERVICE
Updated April 2019
SECTION 1 - OVERVIEW
This website (the “Website”) is owned and operated by Golf By Kelly (also referred to herein as “GBK”). Throughout the Website, the terms “we”, “us” and “our” refer to Golf By Kelly. Golf By Kelly offers this Website, including all information, tools, and services available through this site, on the condition that users must accept the terms and conditions stated herein.
These terms and conditions (the “Terms of Service” or the “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of a corporation or similar entity (“you”) and Golf By Kelly, concerning your access to, and use of, the Website. We grant you a revocable, non-exclusive, non-transferable, limited right to access the Website on devices owned or controlled by you, and to access and use any related mobile application (or “App”) currently existing or developed at a later date on devices owned or controlled by you, strictly in accordance with these Terms of Service.
By visiting our site and/or undertaking a transaction through our site, you engage in our “Services” and agree to be bound by the Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The Terms apply to all users of the site, including but without limitation users who are browsers, vendors, customers, merchants, charity partners, and/or contributors of content.
By accessing or using any part of the site, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Any new or additional features or functions which are added to the current site shall be subject to these Terms of Service upon their addition.
SECTION 2 - MODIFICATIONS
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the date of these Terms of Service, which update can be found under the header of this page. It is your responsibility to periodically review these Terms of Service and to stay informed of updates. You will be subject to, and will be deemed to have accepted, the changes in any revised Terms of Service by your continued use of the Website or our Services after the date such revised Terms of Service are posted. By using the Website or our Services, you waive any right to receive specific notice of updates.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website 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.
Occasionally, there may be information on our Website or which you become aware of through our Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time and without prior notice, if we determine in our sole discretion that information is incorrect. We are not liable for the disruption or cancellation of any Services that results from a change of information.
We reserve the right to modify the contents of this site at any time, but we are under no obligation to do so (unless otherwise required by law). You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our Services are subject to change without notice.
We reserve the right to modify or discontinue Services in whole or in part at any time and without prior notice. We shall not be liable to you or to any third-party for any modification, change, suspension or discontinuance of the Services.
SECTION 5 – THIRD-PARTY LINKS
The Website may display or permit linking or other access to or use of third-party content, websites, apps, services and resources (collectively “Third-Party Services”) that are not under our control. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from third-parties.
You are responsible for reading and understanding the terms and conditions, privacy policies, and other policies that apply to your use of any Third-Party Services.
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 Services. Please review carefully each third-party’s terms, conditions, privacy policies, and other policies and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed exclusively to the third parties.
SECTION 6 - ELECTRONIC COMMUNICATIONS
Accessing our Website, submitting information through the Website, and sending e-mails to Golf By Kelly constitutes electronic communications. You consent to receive electronic communications in form of notifications, e-mails or text and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and through the Website, satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
SECTION 7 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, either at our request or voluntarily, you send certain submissions or you send creative ideas, suggestions, questions, comments proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “Submissions"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you transmit to us. We are and shall be under no obligation to respond to any Submissions.
You further understand, acknowledge and agree that any Submissions provided by you to us are not confidential, and shall become our sole property upon receipt. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any lawful purpose, commercial or otherwise, without acknowledgment of or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are originally your creation or that you otherwise have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We may, but are under 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 in bad taste or which violates any party’s intellectual property rights or these Terms of Service.
You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus, worm, trojan horse, or other malware that could in any way affect the operation of the Website, the Services or any of our property or the property of others.
You understand, acknowledge and agree that you are prohibited from using a false e-mail address, pretending to be someone other than yourself, or otherwise misleading us or third-parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and for their accuracy. We take no responsibility and assume no liability for any Submissions made by you or any third-party.
SECTION 8 – PERSONAL INFORMATION
We care about data privacy and security. Please review our Privacy Policy. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated fully into these Terms of Service.
SECTION 9 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit or induce others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or other classification for which the law provides protection; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape, or similar; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Website and/or the Services immediately in the event of a violation of this or any other of the Terms of Service and to take any further action which may be appropriate under the law.
SECTION 10 - WEBSITE “TRAFFIC” MANAGEMENT
We reserve the right, but are under no obligation, to: (1) monitor the Website for violations of these Terms of Service (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions to this site or any portion thereof; and (4) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Websites or Services will be uninterrupted, timely, secure or error-free, or that the information within will be accurate or reliable.
You understand, acknowledge and agree that from time to time we may shut down service for indefinite periods of time or cancel the Website or Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Website and/or the Services is at your sole risk and that we shall not be liable for either. The Website and/or the Services are 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 By Kelly, 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 the Website and/or Services, 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 content posted, transmitted, or otherwise made available via same. Where a jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Golf By Kelly and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of any breach by you of these Terms of Service.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. To the extent the provision is unenforceable, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such severance shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are binding upon you 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 Website.
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 your access to this Website or the Services provided by us.
SECTION 15 - WAIVER
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 16 – ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Services, 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).
SECTION 17 – GENERAL CONDITIONS
A breach or violation of any of the Terms of Service will result in an immediate termination of your access to the Website and our Services.
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.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, or any content related to the Services, without express wrote permission by us.
You understand, acknowledge and agree to the terms of the Privacy Policy, the terms of which are incorporated fully herein.
The headings used in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms.
We reserve the right to refuse service to anyone for any reason at any time.
SECTION 18 – GOVERNING LAW; FORUM
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 Florida, without regard to conflict of laws provisions. Any disputes arising under these Terms of Service shall be brought before the courts of the State of Florida, and the parties waive any challenges to jurisdiction.
SECTION 19 – CONTACT
Should you have any questions or concerns related to these Terms of Use, you may contact kallen@golfbykelly.com.
PRIVACY POLICY
Updated April 2019
Thank you for visiting our website for Golf By Kelly. We are committed to providing an engaging, informative, enjoyable and safe online experience for our web visitors, of the same quality as the street performance and course wear golf clothing and accessories that we provide. This commitment includes respecting and protecting the privacy of your personal information.
This Privacy Policy describes the types of information we collect from and about you when you visit our website (the “Website”). This Privacy Policy also explains how Golf By Kelly may use and share your personal information, as well as your ability to control certain uses of it.
By using the Website, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy, including certain transfer to and storage of your personal information, and you agree to the Terms of Service which are incorporated herein by reference. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS IN THIS PRIVACY POLICY, PLEASE CEASE USING THIS WEBSITE AND THE SERVICES IMMEDIATELY.
We explain our Private Policy in more depth through the Frequently Asked Questions (FAQs) below:
SECTION 1 – HOW DO WE OBTAIN YOUR INFORMATION?
When you browse our Website, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
E-mail marketing: With your permission and after you provide us with your e-mail, we may send you e-mails about Golf By Kelly, news and events, seasonal updates, and other similar information.
SECTION 2 – WHAT DO WE DO WITH YOUR INFORMATION?
We may use your information for reasons such as: to validate, confirm, and track your reservation (including to process payment card transactions, handle cancellations, maintain a record of purchases, and contact you prior to or after your stay); to enhance our Services; to send you information, newsletters, promotional materials and other offerings from Golf By Kelly and our affiliates; to improve our Website, Services, customer service, or your experience; to use your data in an aggregated non-specific format for analytical and demographic purposes; to contact you as necessary or when requested, including responding to your questions and comments and providing customer support; and as otherwise described to you at the point of data collection.
SECTION 3 – HOW DO I GIVE OR WITHDRAW MY CONSENT?
If we ask for your personal information for marketing, we will either ask you directly for your express consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, and for the continued collection, use or disclosure of your information, at any time, by contacting us at kallen@golfbykelly.com.
If you wish to opt out of targeted advertising by us, you may do so by contacting us.
SECTION 4 – HOW IS MY INFORMATION SHARED?
We may disclose your information if we are required to disclose it by law, such as to provide information to law enforcement and other governmental authorities in accordance with a subpoena or warrant. We also reserve the right to share information with legal authorities and other companies for fraud protection and credit risk reduction, to detect any technical or security vulnerabilities, to enforce our Terms of Service or other applicable policies, or to otherwise protect the rights, property, safety, or security of third parties, users of the Services, Golf By Kelly, or the public.
If Golf By Kelly is acquired by or merges with another company, your information may be transferred to the new owners so that they may continue to provide services to you.
We may disclose your information if you violate our Terms of Service.
We may share your information with select partners, affiliates, and other third parties that we believe may have offers that would be of interest to you. We may also share or sell non-identifiable aggregate or anonymous information with our affiliates, agents, service providers, business partners, or other third-parties for their marketing or analytics uses or for other lawful purposes. This type of non-identifiable and aggregate information cannot be used to identify you personally.
SECTION 5 – WHAT ARE COOKIES AND HOW DOES THAT AFFECT MY INFORMATION?
Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, cookies are used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services and for targeted adverting purposes. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences in the future.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser’s (like Internet Explorer, Safari, of Firefox) settings. Each browser is a little different, so look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some features will be disabled. This may affect your user experience in that some of the features of our Website may not function properly with the cookies disabled.
SECTION 6 - WHAT ABOUT OTHER WEBSITES?
Our Website may include links to third-party websites that are not affiliated with Golf By Kelly. These websites may send their own cookies to visitors, collect data or solicit your information. The privacy policies of these other websites may be very different from our policy. We are not responsible for the privacy practices of these other websites and cannot guarantee the security of any personal information you provide to or which is collected by such third-party sites.
SECTION 7 - FOR HOW LONG AND WHERE IS MY DATA STORED?
Your personal information may be stored for as long as is reasonably necessary to perform the purposes listed under “What Do We Do With Your Information?", as necessary for our legitimate business purposes, or as required or authorized by law. Personal information that is no longer required to fulfill the identified purposes will be destroyed, erased or made de-identified or anonymous in a reasonable timeframe.
SECTION 8 – WHAT SECURITY MEASURES ARE IN PLACE?
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and Website visitors. When you enter sensitive information (such as credit card information), we encrypt the transmission of that information using secure socket layer technology (SSL).
While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee our security measures 100%.
SECTION 9 – IS THERE AN AGE OF CONSENT TO USE THE SITE?
By using this site, you represent that you are at least the age of majority in your state of residence, or, that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site. No minor is permitted to access our Website without adult supervision or consent.
SECTION 10 – DOES THE PRIVACY POLICY EVER CHANGE?
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this Privacy Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. We will alert you about any changes by updating the date of these Privacy policies, which can be found under the header of this page.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact us at kallen@golfbykelly.com.