terms & conditions
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BEFORE YOU START TO USE THE SITE SINCE THEY AFFECT YOUR LEGAL RIGHTS.
Welcome to Gals on the Green! Uncorked Concepts, LLC is the operator of the www.galsonthegreen.golf (the “website” or “site”) and the Gals on the Green app. Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone.
Users have a personal, non-transferable, non-exclusive right to access and use the content of this website subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, or other material accessible through the website or app, whether created by us or provided by another person for display on the website or through the app.
The content may contain typographical errors, other inadvertent errors or inaccuracies. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the website are subject to change at any time without notice.
You may view, copy, download, and print content that is available on this website or through the services, subject to the following conditions:
The content may be used solely for internal informational purposes. No part of this website or its content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
The content may not be modified.
Copyrights, trademarks, and other proprietary notices may not be removed.
In order to access certain services on the website and in the app, you may be required to provide specific information. You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any login identifiers or passwords provided should be safeguarded at all times. You are responsible for the confidentiality of your codes and passwords and will be solely liable for any use or unauthorized use of the website. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information and should ensure that you exit from your account at the end of each session. We are not responsible for losses or damage arising from your failure to comply with this Section.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
RESTRICTIONS AND AVAILABILITY
By using our website and app, you represent and warrant that you are located within the United States and agree to be bound by the laws of the United States of America. This site is intended for users that are situated in the United States; we currently do not offer our services to consumers that are outside of the United States.
Our services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities and purchases.
As a registered user of Gals on the Green, you agree to receive emails that may include newsletters, announcements, promotions, order confirmations and requests for updated account details. You may opt-out from electronic correspondence by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
STANDARDS OF CONDUCT
By accessing our website and app, you agree to abide by the following standards of conduct. Gals on the Green reserves the right to investigate and take appropriate legal action against anyone who, at our sole discretion, violates this provision, including without limitation, removing the offending content, suspending, or terminating the account of such violators, and reporting you to authorities. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our website to:
Transmit any content that is unlawful, harmful, threatening, abusive, harassing, racist, excessively violent, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, invasive of another’s privacy or otherwise objectionable, as determined by Gals on the Green.
Use a name or language that Gals on the Green, in its sole discretion, deems offensive.
Harass, threaten, or intentionally embarrass or cause distress to another person or entity.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Promote, solicit, or participate in any unsolicited or unauthorized advertising, commercial activities and/or sales, “junk mail”, “SPAM”, “chain letters”, “pyramid schemes”, “sweepstakes” or any other form of solicitation.
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
Introduce viruses, worms and/or other harmful code to the website.
Obtain unauthorized access to any computer system through the website.
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the website or Service.
Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 18 years of age).
Violate any federal, state, local, or international law or regulation.
Encourage conduct that would constitute a criminal or civil offense.
It is your responsibility to ascertain and obey all applicable local, state and federal laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this website. By placing an order, you represent that the products will be used only in a lawful manner. Gals on the Green reserves the right, with or without prior notice, to do any one or more of the following:
Limit the available quantity of or discontinue any product or service;
Impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion;
Bar any user from making or completing any or all transaction(s);
Refuse to provide any user with any product or service.
You agree that by placing an order on the website or through the app that you are entering into a binding contract with Gals on the Green and agree to pay all charges that may be incurred by you or on your behalf through the website at the price in effect when such charges are incurred including, without limitation, including all shipping and handling charges and applicable local and state taxes.
BILLING AND PAYMENTS
You will be required to provide Gals on the Green with information regarding your credit cards or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument.
If you dispute any charges, you must notify Gals on the Green within 30-days after the date that you are charged. Please email email@example.com.
Third-Party Payment Processing
We use a third-party payment service to process your credit card information. By submitting your credit card information, you grant Gals on the Green the right to store and process your information with the third-party payment service, which it may change from time to time. You agree that Gals on the Green shall not be responsible for any failures of the third-party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party payment service provider's terms of service. You acknowledge that we may change the third-party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized, or illegal activity, we may reject your order, or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
TAXES AND SHIPPING
You may be charged local and state tax or VAT, if applicable.
For loss/damage claims, you must notify Gals on the Green within 30-days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
The use of any coupons and/or discounts is limited to ONE per person. We strictly monitor the use of any coupon and/or discount and any prohibited use will violate these terms of service. Violation of these terms of service may result in the cancellation and/or voiding of the entire order. Prohibited activity resulting in a violation of these terms of service includes repeated cancellations followed by reactivation with new coupons. Multiple coupons and/or discounts may be used on special offers only when indicated by Gals on the Green. We reserve the right to void promotions and offers at our discretion at any time for any reason.
You agree that Gals on the Green may, in its sole discretion, suspend or terminate your account (or any part thereof) or use of the service and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if Gals on the Green believes that you have violated or acted inconsistently with these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Gals on the Green may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Gals on the Green may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Gals on the Green will not be liable to you or any third-party for any termination of your access to the service.
LIMITATION OF LIABILITY
Under no circumstances shall Gals on the Green or its Controlling Entities, Officers, Directors, Employees, or Affiliates be liable to any user of this website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the products or the website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.
You agree that Gals on the Green's total cumulative liability in connection with these Terms of Service, the website, the content, our app, or any product or services whether in contract, tort, or otherwise, shall not exceed the amount you paid to Gals on the Green in the then-prior calendar month.
By using this website, our services, our app, or supplied products, you agree to indemnify, hold harmless and defend Gals on the Green from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this website, app, services, or products by you or any other person accessing the website using your member login account.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all content contained on this website is the property of Gals on the Green and/or its affiliates or licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
If you believe that any materials on this website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
Identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work.
Identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material.
Your name, address, telephone number, and email address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information in your claim is accurate.
A statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf.
Our agent for copyright issues relating to this website is:
LegalInc Corporate Services Inc.
1810 E. Sahara Avenue, Suite 215
Las Vegas, NV 89104
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this website who are repeat infringers.
DISCLAIMER OF WARRANTY
Under no circumstances will Gals on the Green be held liable for any loss or damage caused by your use of the products or your reliance on information in any content on this website.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, GALS ON THE GREEN DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE AND APP IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE AND APP WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE AND APP OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
LINKS TO THIRD-PARTY WEBSITES
This website may contain links to third-party sites that are provided to you as a convenience. Any outside website accessed from www.galsonthegreen.golf is independent from us and we have no control over the content of such sites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third-party websites.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Gals on the Green of that third-party or of any product or service provided by a third-party. Likewise, a link to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such a website. Gals on the Green does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this website and app, and will not be a party to or in any way monitor any transaction involving 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 are responsible for exercising appropriate judgment and caution.
ARBITRATION AND ENFORCEMENT
These Terms of Service shall be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law.
In the event of a dispute arising under or relating to these terms of service, our website, or any products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by arbitration conducted in the English language in Orange County, California under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, Gals on the Green shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of California or any other court of competent jurisdiction as necessary to protect Gals on the Green’s proprietary interests. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between Gals on the Green and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Gals on the Green. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Gals on the Green.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Service.
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
UPDATED: July 20, 2023