These Terms of Use (the "Terms") are a binding agreement between you and Foursome ("Foursome", "we", "us", "our"). They govern your use of the Foursome mobile applications, the website at foursomegolfus.com, the web application, and any related services (together, the "Service").
By creating an account, tapping "Send code", or otherwise using the Service, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
IMPORTANT: SECTION 17 CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. THEY AFFECT HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED THERE. SECTIONS 9, 10, 14 AND 15 CONTAIN AN ASSUMPTION OF RISK, A RELEASE, A DISCLAIMER OF WARRANTIES AND A LIMITATION OF LIABILITY. PLEASE READ THEM CAREFULLY.
You may use the Service only if all of the following are true:
By using the Service you represent and warrant that each of these statements is true.
Foursome is a neutral online venue that lets golfers find one another, post and join rounds of golf, and exchange messages about those rounds. That is all Foursome does.
Foursome IS NOT A PARTY TO ANY ARRANGEMENT BETWEEN USERS. We do not organize, host, supervise, sponsor, insure or attend any round. We do not book, hold, guarantee or pay for tee times. We do not own, operate, inspect, endorse or control any golf course, driving range, clubhouse, vehicle or other venue, and we have no relationship with them on your behalf.
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION ON USERS. We do not verify anyone's name, age, handicap, skill, pace of play, character, sobriety, health, fitness to play, driving record, or anything else a user says about themselves. Information in profiles and rounds is provided by users and may be inaccurate, outdated or false.
Users are independent individuals. No user is an employee, agent, partner, representative or contractor of Foursome, and Foursome is not responsible for the conduct of any user, online or offline.
You sign in with a one-time code sent to your email address. You are responsible for keeping your email account secure and for everything that happens under your Foursome account. Tell us immediately at the address in Section 24 if you believe your account has been used without your permission.
You agree to provide accurate information, to keep it up to date, and not to impersonate anyone or misrepresent your identity, age, handicap or affiliation. You may not sell, transfer or share your account.
Foursome has zero tolerance for objectionable content and abusive behavior. You agree that you will not, on the Service or at any round arranged through it:
We decide, in our sole discretion, whether content or conduct violates these rules.
"User Content" means anything you post or send through the Service, including your profile, rounds, notes and messages. You keep ownership of your User Content. You grant Foursome a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, display, adapt (for example, to format it for different screens) and distribute your User Content for the purpose of operating, securing, improving and promoting the Service. This license ends when your User Content is deleted from our systems, except where copies must be kept for legal, safety or backup reasons.
You are solely responsible for your User Content. You represent that you have every right needed to post it and that it does not violate these Terms, the law or anyone's rights. You understand that other users will see your profile and the rounds you create or join, and that messages you send in a round chat are visible to the other players in that round.
We have no obligation to monitor User Content, but we may review, remove or restrict any User Content or account at any time, for any reason, without notice. If you send us ideas or feedback, you agree we may use them freely without any obligation to you.
You can report any player, round or message, and block any player, from inside the app. Blocking hides that player's rounds and messages from you and removes the two of you from each other's rounds.
We review reports and act on objectionable content, normally within 24 hours, by removing the content and, where appropriate, suspending or permanently removing the account responsible. We may also report conduct to law enforcement. You can reach us about any safety concern at support@foursomegolfus.com.
IF YOU ARE IN DANGER OR WITNESS AN EMERGENCY, CALL 911. Foursome is not an emergency service and does not monitor the Service in real time.
We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Send notices to our designated agent at support@foursomegolfus.com with the subject line "Copyright notice". Your notice must include: your physical or electronic signature; identification of the copyrighted work; identification of the material you claim is infringing and where it is located on the Service; your contact information; a statement that you have a good faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner. We may terminate the accounts of repeat infringers.
YOU USE THE SERVICE, MEET OTHER USERS AND PLAY GOLF ENTIRELY AT YOUR OWN RISK.
Meeting people you first encountered online carries inherent risks, including the risk of physical harm, emotional harm, theft, fraud and other wrongdoing by people who are not who they claim to be. You are solely responsible for your own safety and for your interactions with other users. We strongly encourage you to meet at the golf course in public areas, tell someone your plans, arrange your own transportation, keep personal and financial information private, and leave any situation that feels unsafe.
Golf and related activities carry inherent risks of serious injury, death and property damage, including being struck by golf balls or clubs; golf cart and vehicle accidents; slips, trips and falls; uneven or hazardous terrain and water; lightning, heat, cold and other weather; insects and wildlife; pre-existing medical conditions and physical exertion; the consumption of alcohol by you or others; and the negligent or intentional acts of other people. Travel to and from a round carries its own risks.
YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THESE RISKS, KNOWN AND UNKNOWN. You are solely responsible for deciding whether you are physically fit to play, for your own equipment, for your own conduct and sobriety, for obeying course rules and the law, for any greens fees, cart fees, cancellation or no-show charges and wagers, and for carrying whatever health, liability and property insurance you consider appropriate. Foursome provides no insurance of any kind.
To the fullest extent permitted by law, you release and forever discharge Foursome, its owners, parents, affiliates, officers, directors, employees, contractors, agents, licensors and service providers (the "Foursome Parties") from any and all claims, demands, losses, damages, injuries (including death), liabilities and expenses of every kind, known or unknown, arising out of or connected with: (a) any interaction, communication, meeting, round, wager, carpool or dispute with another user or any third party; (b) the acts or omissions of any user, golf course, venue or third party; (c) your participation in any round of golf or related activity; and (d) any User Content.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law of any other jurisdiction.
The Service may mention or link to golf courses, websites and services we do not control. We are not responsible for their availability, accuracy, safety, prices, policies or practices. Your dealings with any golf course or other third party are solely between you and them. Course names are used only to identify where a round will be played and do not imply any affiliation or endorsement.
The Service is currently free. We may introduce paid features in the future. If we do, we will tell you the price and terms before you are charged, and those terms will become part of this agreement.
Our Privacy Policy explains what we collect and how we use it. It is part of these Terms.
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOURSOME PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE; THAT YOU WILL FIND A ROUND OR A PLAYING PARTNER; THAT ANY ROUND WILL TAKE PLACE; THAT ANY USER IS WHO THEY SAY THEY ARE OR WILL BEHAVE LAWFULLY OR SAFELY; OR THAT ANY INFORMATION ON THE SERVICE IS ACCURATE. NO ADVICE OR INFORMATION FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOURSOME PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, DEATH, EMOTIONAL DISTRESS OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO THE SERVICE, THESE TERMS, THE CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY (ONLINE OR OFFLINE), OR ANY ROUND OF GOLF, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE FOURSOME PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (B) ONE HUNDRED U.S. DOLLARS ($100).
These limits are a fundamental part of the bargain between you and us, and the Service would not be offered without them. They apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain disclaimers, releases or limitations, so some of them may not apply to you; in that case they apply to the maximum extent the law allows. Nothing in these Terms limits liability that cannot lawfully be limited.
You agree to defend, indemnify and hold harmless the Foursome Parties from and against all claims, liabilities, damages, judgments, losses, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your conduct toward any other user or third party, online or offline, including at any round; (d) your violation of these Terms, of any law, or of anyone's rights; and (e) any dispute between you and another user, a golf course or any third party. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND FOURSOME TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF IN COURT.
Informal resolution first. Before starting any proceeding, you and we each agree to send the other a written notice describing the dispute and the relief sought (ours to your account email; yours to support@foursomegolfus.com) and to try in good faith to resolve it for 60 days. Any limitations period is paused during those 60 days.
Agreement to arbitrate. If the dispute is not resolved, you and we agree that any dispute, claim or controversy arising out of or relating to the Service or these Terms, including whether a claim must be arbitrated, will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this section. The arbitration may be conducted by video, by phone, on written submissions, or in the county where you live. Payment of fees will be governed by the AAA rules; we will not seek our attorneys' fees from you unless the arbitrator finds your claim frivolous. Judgment on the award may be entered in any court with jurisdiction.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to stop infringement or misuse of intellectual property or unauthorized access to the Service.
CLASS ACTION AND JURY WAIVER. YOU AND FOURSOME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTY. YOU AND FOURSOME EACH WAIVE THE RIGHT TO A TRIAL BY JURY. If this paragraph is found unenforceable as to any claim, that claim will be severed and decided in court, and the rest will be arbitrated.
Your right to opt out. You may opt out of this arbitration agreement by emailing support@foursomegolfus.com from your account email, with the subject "Arbitration opt-out", within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.
Time limit. To the fullest extent permitted by law, any claim arising out of or related to the Service or these Terms must be filed within one (1) year after it arose, or it is permanently barred.
These Terms are governed by the laws of the State of New York and applicable federal law, without regard to conflict of law rules. For any dispute that is not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, and waive any objection to venue there.
You may stop using the Service and delete your account at any time from the Profile screen. We may suspend, restrict or terminate your access to all or part of the Service at any time, with or without notice, for any reason, including a suspected violation of these Terms or a risk to other users. We are not liable to you or anyone else for any suspension or termination. Sections 3, 5 through 11, and 14 through 23 survive termination.
We may change, suspend or discontinue any part of the Service at any time. We may update these Terms from time to time. If a change is material, we will give notice in the app, by email or on the website before it takes effect. Your continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and delete your account.
If you downloaded the app from the Apple App Store, you and we acknowledge that: these Terms are between you and Foursome only, not Apple; Apple has no obligation to provide maintenance or support for the app; if the app fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any), and Apple has no other warranty obligation; Apple is not responsible for addressing any claims relating to the app, including product liability, legal compliance, consumer protection or intellectual property claims; Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you; and you must comply with applicable third-party terms when using the app. Your license to use the app is limited to a non-transferable license to use it on Apple-branded products you own or control, as permitted by the App Store's usage rules.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. If you downloaded the app from Google Play, Google's terms also apply to your use of Google Play, and Google has no responsibility for the app.
You consent to receive communications from us electronically, including sign-in codes, service announcements, safety notices and legal notices, at your account email address and within the app. You agree that electronic communications satisfy any legal requirement that a communication be in writing.
These Terms and the Privacy Policy are the entire agreement between you and Foursome about the Service and replace any earlier agreement. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign or transfer these Terms without our written consent; we may assign them freely, including in a merger, acquisition or sale of assets. We are not liable for any delay or failure caused by events beyond our reasonable control. Except as stated in Section 21, there are no third-party beneficiaries. Headings are for convenience only. "Including" means "including without limitation".
Questions about these Terms, safety concerns, legal notices and arbitration opt-outs: support@foursomegolfus.com.
Questions: support@foursomegolfus.com