Terms of service.

Junior Golf Recruit

Terms and Conditions

Effective February 1, 2022

 

1.     Introduction

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Junior Golf Recruit (“we,” “us”, “our” or “JGR”), concerning your access to and use of the juniorgolfrecruit.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”).

Use of the Service may be subject to additional terms and conditions presented by JGR, which are hereby incorporated by this reference into these Terms and Conditions.

By signing up for, or otherwise by accessing the Service, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Service and you must discontinue use immediately.

We reserve the right to modify or supplement these Terms and Conditions, or to impose new terms and conditions applicable to the Service, at any time. All such changes will take effect immediately after they have been posted to the Service or otherwise provided to you, and you will be deemed to have accepted any such changes by your use of the Service following such time. Therefore, we encourage you to regularly review our Terms and Conditions.

2.     Our Service

The Service is designed to provide information that may be useful to athletes, their parents/guardians, and coaches, in navigating the collegiate golf recruiting process. JGR is in no way affiliated with the NCAA, NAIA, NJCAA or any member institution thereof. JGR does not and cannot guarantee that use of the Service will lead to an athlete being recruited or to the successful recruitment of an athlete.

JGR provides multiple Service options. Certain Service options may be provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions").

We use reasonable efforts to keep the Service operational. However, our service offerings and their availability may change from time to time, without liability to you. For example, the Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.

We aim to evolve and improve the Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Service, including particular content, functions, features, subscription plans, and promotional offerings;

We have no obligation to provide any specific content or information through the Service, and we or the applicable owners may remove particular content or information without notice.

If you have prepaid fees directly to JGR for a Paid Subscription that we permanently discontinue prior to the end of your Pre-Paid Period (defined in the Payments and Cancellations section below), we will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.

JGR has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

JGR reserves the right to change, suspend and/or discontinue, at any time, any aspect or feature of our Service, including without limitation content, hours of availability and equipment needed for access or use.

3.     Use of Our Service

You may be required to register and create an account to use all or part of the Service. Your user name and password are for your personal use only. You agree to keep your password confidential and you will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

By registering with the Services as a coach, you represent and warrant that all information you provide to JGR is completely accurate and truthful. By registering for a college coach’s account, you further represent an warrant that you are a NCAA Division I, II, III, NAIA or NJCAA head coach, assistant coach, or director of golf operations.

By registering with the Services as an athlete or parent/guardian, you represent and warrant that all information you provide to JGR is completely accurate and truthful.  By registering as an athlete or a parent/guardian, you further represent that you in fact are an athlete or the parent/guardian of an athlete looking to play college golf, who is younger than 19 years old or currently listed on a college roster from a NCAA Division I, II, III, NAIA or NJCAA institution.

4.     Proprietary Rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, data, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us, licensed to us, or otherwise used by us in accordance with applicable laws, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Subject to your compliance with these Terms and Conditions and provided that you are eligible to use the Service, we grant you a limited, non-exclusive, revocable permission to make use of the Service for its intended purpose and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal use. We reserve all rights not expressly granted to you in and to the Service, the Content and the Marks.

The Content and the Marks are provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.     Payments and Cancellation

You may purchase a Paid Subscription from JGR either by: (a) paying a subscription fee plus applicable taxes in advance on an annual basis or some other recurring interval disclosed to you prior to your purchase; or (b) pre-payment giving you access to the Service for a specific time period ("Pre-Paid Period"). Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge. You hereby authorize JGR to charge your credit card, debit card, or bank account, to pay for the ongoing cost of subscriptions fees via automatic debit.

JGR may from time to time make changes to Paid Subscriptions, including recurring subscription fees, or the Pre-Paid Period (for periods not yet paid), and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to JGR will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact us using the contact information found at the end of these Terms and Conditions for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms and Conditions. If you file a claim against JGR in relation to our refusal to provide a refund for any valid reason, JGR shall be entitled to collect from you all costs (including attorney’s fees) associated with defending such a claim.

To protect against potential fraud, Authorize.net may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then crediting the same amount back to your credit card or otherwise ceasing the transaction, and also may include asking you to verify the amount debited in order to confirm that you are in possession of your credit card. Authorize.net will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing Authorize.net with your credit card information, you authorize Authorize.net to debit and credit your credit card account for an amount less than one dollar for such verification purposes.

Subscriber must promptly inform JGR of any of the following: (a) changes in the expiration date of any credit card used in connection with the service, (b) changes in home or billing address, or (c) apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until JGR is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of a Paid Subscription.

6.     Promotional Offer Terms

JGR or others on our behalf may occasionally offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (“Promotional Offer”).

Each Promotional Offer provides access to the Service advertised: (a) at the price advertised, if any; and (b) for an initial introductory period as further described below, beginning the moment you confirm your acceptance of the Promotional Offer advertised by submitting valid payment details that are accepted by JGR (the "Promotional Period"). By submitting your payment details, you confirm your acceptance of the Promotional Offer advertised, and acknowledge and agree to these Terms and Conditions.

Unless you are subscribing to a Promotional Offer that is advertised as available to past subscribers, you must be a new subscriber to the Service and not have accepted at any time in the past any other Promotional Offer to access the Service. If you are subscribing to a Promotional Offer that is advertised as available only to past subscribers to the Service, you must have been a subscriber to the Service (as advertised) whose subscription expired before the date advertised. You may accept a Promotional Offer once - previous users may not redeem the offer again.

A Promotional Offer must be accepted before the applicable expiration date advertised, if any. Except where prohibited by law, JGR reserves the right to modify, suspend or terminate a Promotional Offer at any time and for any reason, in which case we will not honor subsequent Promotional Offer enrollments.

Unless you cancel a Promotional Offer before the end of the Promotional Period, you will automatically become a recurring subscriber to the type of Paid Subscription to the Service that you chose to sign up to under the Promotional Offer and the payment method you provided will automatically be charged the then-current monthly price. Any time-capped features of the Paid Subscription will be reduced by the length of the Promotional Period.

If you cancel a Promotional Offer during the Promotional Period, you will lose all access to the Service other than any features that are available free of charge. To cancel, you must log into your account and follow the prompts and instructions to confirm your cancellation.

7.     General Usage Guidelines

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

The Service is intended for users who are at least 13 years of age.  All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Service.

As a user of the Service, you agree not to:

(a)    systematically retrieve data, including usernames, email addresses or other content, from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

(b)    create user accounts by automated means or under false pretenses or use any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or use or launch any unauthorized script or other software.

(c)     use a buying agent or purchasing agent to make purchases on the Service.

(d)    use the Service to advertise or offer to sell goods and services.

(e)    sell or otherwise transfer your profile.

(f)      use any information obtained from the Service in order to harass, abuse, or harm another person.

(g)    attempt to impersonate another user or person or use the username of another user.

(h)    trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

(i)      make improper use of our support services or submit false reports of abuse or misconduct.

(j)      use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.

(k)     disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.

(l)      interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.

(m)  circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.

(n)    engage in unauthorized framing of or linking to the Service.

(o)    upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

(p)    use the Service in a manner inconsistent with any applicable laws or regulations.

 

8.     Code of Conduct

As a student-athlete, parent, guardian, or coach, you understand that JGR’s ability to assist you in the collegiate recruiting process could be jeopardized by conduct unbecoming of a future collegiate athlete, parent, or coach, including conduct that is harassing, racist, criminal, or otherwise inappropriate, in whatever forum it occurs. You also understand and agree that any such conduct could negatively reflect on both you and JGR, as well as any colleges and universities JGR has relationships with. As such, you understand that JGR may suspend performance or terminate services in whole or in part in JGR’s sole discretion, without further liability or obligation to you, should JGR determine that the student-athlete, parent, guardian, or coach has: 

(a)    posted racist, harassing (sexually or otherwise), sexually explicit, or derogatory statements or images on social media (including, without limitation, Facebook, Twitter, Instagram, Snapchat), on any other publicly available medium, or the student-athlete, parent or coach engages in any such conduct with any JGR employee; 

(b)    been charged with or convicted of any misdemeanor, felony, or any other crime that would reflect negatively on JGR or a coach or a college or university. 

(c)     engaged in any other behavior that is unbecoming of a student-athlete or that would reflect negatively on JGR, a coach or a college or university, such determination to be in JGR’s sole discretion. 

 

9.     Your Submission to the Service

The Service may allow you to post, disseminate, submit, transmit, host, share and/or publish various materials and information, including without limitation videos, photographs, biographical information, academic information, athletic performance metrics and scores, and other materials (collectively, “User Materials”). You are solely responsible for your User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our Service.

By using the Service and posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to the Service, you represent and warrant that you own the entire right, title and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent and release herein), and that such User Materials: (a) are original and have not been copied in whole or in part from any other work; and, (b) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.

You hereby grant to JGR and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of the foregoing (collectively, “JGR Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode such User Materials, in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow the JGR Parties to use and share with third parties the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in such User Materials (collectively “Names and Likenesses”). You also hereby irrevocably waive as against the JGR Parties all moral rights and rights of restraint in such User Materials.

The license, consent and release herein is binding upon you and your heirs, executors, administrators, successors, licensees and assigns.

You further acknowledge that JGR has the right, in our sole discretion, to prescreen, pre-approve, refuse and/or remove from the Service, without prior notice, any User Materials, including without limitation User Materials that violate these Terms and Conditions.

If you have any comments or questions regarding content or materials available through the Service, please contact JGR using the contact information found at the end of the Terms and Conditions. JGR reserves the right to suspend, restrict and/or terminate your access to our Services at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, JGR reserves the right to terminate your account if your User Materials are the subject of multiple DMCA notifications and/or you are deemed to be a repeat infringer.

10.  Copyright Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Service infringes your copyright, you should consider first contacting an attorney.

11.  Privacy

We care about data privacy and security. Please review our Privacy Policy for more information about how we collect and use information about you. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

Please be advised the Service is hosted in the United States. If you access the Service from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Service, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Service as quickly as is reasonably practical.

12.  Use of Cookies

We and our partners use cookies to personalize your experience, to show you ads based on your interests, and for measurement and analytics purposes. By using the Service, you agree to our use of cookies as described herein. For additional information on our use of cookies, please see our Privacy Policy.

13.  Links to Other Websites

The Service may contain (or you may be sent via the Service) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

14.  Third Party Advertising

We may allow advertisers to display their advertisements and other information in certain areas of the Service, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers. 

If you are an advertiser, you shall take full responsibility for any advertisements you place on the Service and any services or products you perform or sell by way of those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Service, including, but not limited to, intellectual property rights, publicity rights, and contractual rights, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.

15.  Liability for Technical Disruption of our Services

If you cause a technical disruption of our Services or any aspect of its functionality you agree to be responsible for any and all loss, costs, liabilities or expenses we may suffer and you agree to be liable for any attorneys’ fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other venders in law or equity.

16.  Indemnification

You agree to defend, indemnify, and hold the JGR Parties harmless, from and against any claim, demand, action, suit, causes of action, loss, damage, and/or liability, including reasonable attorneys’ fees and expenses, arising out of or relating to: (a) any use of your User Materials and/or the Names and Likenesses; (b) your use of the Service; (c) your breach of these Terms and Conditions; (d) any breach of your representations and warranties set forth in these Terms and Conditions; (e) your violation of the rights of a third party, including but not limited to intellectual property rights; or (f) any overt harmful act toward any other user of the Service with whom you connected via the Service.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17.  Disclaimers

JGR is not responsible for the actions or inactions of users (coaches, athletes and parents/guardians) of the Service. JGR is not responsible for the actions or inactions of those users who do not abide by NCAA NAIA, NJCAA, USGA, or R&A regulations or the regulations or by-laws of any other applicable collegiate or high school association or athletics governing body. All users are responsible for knowing and abiding by the rules, regulations, and by-laws of the NCAA NAIA, NJCAA, USGA, R&A and any other collegiate or high school association or athletics governing body, as may be applicable to such user. Violators are subject to account termination.

The Service and all JGR Content is provided on an “as-is” and “as-available” basis. You agree that your use of the Service will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Service and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of any Content available via the Service or the content of any websites linked to or accessible from the Service and we assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of any Content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Service, (e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (f) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

18.  Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Service, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the 12 month period prior to any cause of action arising or $1000.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

19.  Applicable Law

These Terms and Conditions and your use of the Service are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles. Further, you and JGR agree to the jurisdiction of the federal and state courts located in the State of Georgia, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms and Conditions or the Service that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

20.  Arbitration Agreement

This Arbitration Agreement section sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and JGR will be resolved through arbitration ("Arbitration Agreement").

With respect to any and all disputes arising out of or in connection with our Service or these Terms and Conditions, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms and Conditions, You and JGR agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and JGR do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. Either you or JGR may initiate the arbitration proceedings. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.

Any arbitration necessary under this Arbitration Agreement will be held through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association (AAA), as modified by this Arbitration Agreement. You and JGR agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The applicable AAA rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.

You and JGR further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this Arbitration Agreement or to the arbitrability of any claim or counterclaim. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration.

Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, such hearing shall take place in Atlanta, Georgia at a locale determined by the arbitrator in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that JGR may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Georgia necessary to protect its rights or property pending the completion of arbitration. In addition, this Arbitration Agreement does not stop You or JGR from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR JGR WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim and only that claim must be severed from the arbitration and may be brought in court.

To the extent permitted by law, any claim or dispute under these Terms and Conditions must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. This Arbitration Agreement will survive termination of these Terms and Conditions.

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the Applicable Law section above shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.

21.  Integration

Other than as stated in this section or as explicitly agreed upon in writing between you and JGR, these Terms and Conditions constitute all the terms and conditions agreed upon between you and JGR and supersede any prior agreements in relation to the subject matter of these Terms and Conditions, whether written or oral.

22.  Severability

Unless as otherwise stated herein, should any provision of these Terms and Conditions be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms and Conditions will not be affected, and the application of that provision shall be enforced to the extent permitted by law. Each provision of the Terms and Conditions shall be construed separately and independently of each other.

23.  No Waiver

The failure of JGR or any third-party beneficiary to enforce any provisions of the Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive JGR’s or the applicable third-party beneficiary’s rights to enforce subsequently any provisions hereof or to act with respect to similar breaches.

Under applicable law, you may have certain rights that cannot be limited by a contract. These Terms and Conditions are in no way intended to restrict or serve as a waiver of those rights.

24.  Electronic Communication

Visiting www.juniorgolfrecruit.com or sending emails to Junior Golf Recruit constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and/or the Service, satisfy any legal requirement that such communications be in writing.

25.  International Users

The Service is controlled, operated, and administered by JGR from our offices within the USA.  If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the JGR Content accessed through the Service in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

26.  Assignment

JGR may assign any or all of these Terms and Conditions, and may assign or delegate, in whole or in part, any of its rights or obligations hereunder. You may not assign these Terms and Conditions, in whole or in part, nor transfer or sub-license your rights hereunder, to any third party.

27.  Contacting Us

For any questions regarding these Terms and Conditions or the Services, please contacts us at:

 

Junior Golf Recruit

3455 Fox Hollow Court

Marietta, GA 30068

United States of America

support@juniorgolfrecruit.com

(404) 317-8024

Junior Golf Recruit

 

Privacy Policy

Effective February 1, 2022

 

We care about data privacy and security. This Privacy Policy applies to information we collect when you use the Service or otherwise interact with us via email, text, and other electronic messages. This Privacy Policy does not apply to information we collect through offline means. This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from the Service.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Service. By accessing or using the Service, you agree to this Privacy Policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of the Service after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information We Collect About You and How We Collect It

The information we collect on or through the Service may include:

(a) Information you provide to or through the Service, including, but not limited to, information submitted by filling in forms on our Service, information provided at the time of registering and/or subscribing to the Service, posting User Material, or requesting further services. We may also ask you for information when you report a problem with the Services.

(b) Records and copies of your correspondence (including email addresses), if you contact us.

(c) Your responses to surveys that we might ask you to complete for research purposes.

(d) Details of any searches or transactions you carry out through the Service.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Service or shared with other users of the Service or third parties. You post and share such information at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share your information. Therefore, we cannot and do not guarantee that information you post to or otherwise share through the Services will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with the Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

(a) Details of your use of the Service, including traffic data, location data, log and usage data, and other communication data and the resources that you access and use through the Service.

(b) Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Service and to deliver a better and more personalized service, including by enabling us to: estimate our audience size and usage patterns, store information about your preferences, and recognize you when you access the Service.

The technologies we use for automatic data collection may include cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Service may then be inaccessible or not function properly.

Information We Collect from Other Sources

We may also obtain information from other sources and combine that with information we collect through the Service. For example, if you create or log into your account through a social media service, we will have access to certain information from that service, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media service. We refer to this information as “Third-Party Information”.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Service may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Service. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How Do We Use Your Personal Information?

We may use the Personal Information we collect for various purposes, including to:

(a) Provide, maintain, improve and optimize the Service, to assess the success of marketing and advertising campaigns, and develop new products and services;

(b) Communicate with you about products, services, offers, promotions, rewards, and events offered by and others, and provide news and information we think will be of interest to you when in line with the preferences you have shared with us;

(c) Send you technical notices, updates, security alters and support and administrative messages;

(d) Respond to your comments, questions and request and provide customer service; and

(e) Carry out any other purpose described to you at the time the information was collected.

We may also disclose your personal information to comply with any court order, law, or legal process, including to respond to any government or regulatory request and/or to enforce or apply our Terms and Conditions of use of the Service and other agreements, including for billing and collection purposes.

We may also disclose your personal information if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of JGR, our customers, our users or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Opting-out

If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. If no opt-out selection is available, you can also always opt-out by sending us an email with your request.

You may opt out of receiving marketing emails from JGR by following the instructions in those emails.

If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email with your request.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.

Security

We take reasonable measures to help protect your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on or used by the Service.

Do Not Track

Please note that we do not alter our data collection and use practices when we see a Do Not Track signal from your browser.

State Law Compliance

JGR complies with the requirements of the California Online Privacy Protection Act (“CalOPPA”) and the Delaware Online Privacy and Protection Act (“DOPPA”).  Both CalOPPA and DOPPA permit users of the Service who are California or Delaware residents, respectively, to request certain information regarding our disclosure of the information you provide through the Service to third parties for their direct marketing purposes.  To make such a request, please contact us using the contact information below.

Cookies

Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove or reject browser cookies.  Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Service.

Your Rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Contact Us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us:

Junior Golf Recruit

3455 Fox Hollow Court

Marietta, GA 30068

United States of America

support@juniorgolfrecruit.com

(404) 317-8024