1. Service Description

Fore Advantage Golf is a web application designed to help users monitor and receive notifications for available golf course tee times based on their specified filters. The Service polls for tee time availability using third-party data and notifies users if a potential match is found. The Service includes features such as user authentication, the ability to save filter preferences and favorite courses, notifications, and potentially subscription-based access to these notification services. Fore Advantage Golf does not book tee times directly and does not guarantee that any specific tee time will become available or that you will be able to secure it.

2. Eligibility

To use our Service, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet this requirement.

3. User Accounts

a. Account Creation:

To access certain features of the Service, you must create an account. We use Google Sign-In for authentication. You are responsible for providing accurate and complete information during the registration process. You agree not to impersonate anyone else.

b. Account Responsibility:

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Fore Advantage Golf will not be liable for any loss or damage arising from your failure to comply with this section.

c. Account Termination by You:

You may delete your account at any time through the user dashboard or by contacting us. Deleting your account will result in the deletion of your personal data associated with the account, as outlined in our Privacy Policy.

4. Use of the Service

a. Permitted Use:

You agree to use the Service only for its intended purposes, as described in these Terms and in accordance with all applicable laws and regulations.

b. Prohibited Conduct:

You agree not to:

• Use the Service for any illegal or unauthorized purpose.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service.
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party.
• Collect or store personal data about other users without their express permission.

5. Tee Time Notifications and Subscriptions

a. Notification Service:

The Service allows you to set up filters and preferences to monitor for available tee times at participating golf courses via the ForeUp API. When a tee time matching your criteria is detected as potentially available, the Service will attempt to notify you based on your configured notification methods.

b. No Guarantee:

Fore Advantage Golf provides a notification service based on data received from third-party providers. We do not guarantee the accuracy of this data at any given moment, nor do we guarantee that a notified tee time will still be available when you attempt to book it through the golf course or its booking platform. Tee time availability is dynamic and subject to change based on cancellations and bookings made by others.

c. Pricing and Subscriptions:

Access to certain features of the Service, including the number of active searches or notification capabilities, may require a paid subscription. Details of subscription plans, including pricing, features, billing cycles, renewal terms, and cancellation policies, will be presented to you at the time of purchase or sign-up for such a subscription.

d. Payment Processing:

All payments for subscriptions are processed through Stripe, a third-party payment processor. By making a payment, you agree to Stripe's terms of service and privacy policy. We do not store your full payment card details. We store a reference to your Stripe customer ID and payment status.

e. Cancellations and Refunds for Subscriptions:

Policies regarding the cancellation of subscriptions and any applicable refunds will be detailed in the terms of the specific subscription plan you choose. Generally, subscription fees are non-refundable except as required by law or as explicitly stated in the subscription terms. Fore Advantage Golf is not involved in, nor responsible for, the booking of actual tee times or any payments or refunds related to tee time fees paid to golf courses.

6. User Content and Favorites

a. Favorites:

You may be able to save favorite courses or tee times ("Favorites"). You are solely responsible for your Favorites.

b. License to User Content:

By saving Favorites or submitting any other content to the Service, you grant Fore Advantage Golf a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Service and Fore Advantage Golf's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Service. This license is necessary for us to operate and improve the Service.

7. Intellectual Property

All rights, title, and interest in and to the Service (excluding User Content), including all associated intellectual property rights, are and will remain the exclusive property of Fore Advantage Golf and its licensors. The Fore Advantage Golf name, logo, and any product or service names, designs, and slogans are trademarks of Fore Advantage Golf or its affiliates or licensors. You may not use such marks without our prior written permission.

8. Third-Party Services and Links

a. External APIs:

The Service integrates with third-party APIs. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of these third-party services.

b. Links to Other Websites:

The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites.

9. Notifications

By using the Service, you consent to receive electronic communications from us (e.g., via email, Telegram, or sms notifications). These communications may include notifications about potential tee time availability based on your filters, notices about your account (e.g., payment authorizations for subscriptions, password changes, and other transactional information), and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You can manage your notification preferences through your account settings.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

FORE ADVANTAGE GOLF DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE, INCLUDING THE AVAILABILITY, EXISTENCE, OR DETAILS OF ANY TEE TIMES. TEE TIME INFORMATION IS SOURCED FROM THIRD-PARTY PROVIDERS AND IS SUBJECT TO CHANGE WITHOUT NOTICE. FORE ADVANTAGE GOLF DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO FIND OR SECURE ANY PARTICULAR TEE TIME. THE SERVICE IS A NOTIFICATION TOOL AND NOT A BOOKING PLATFORM.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FORE ADVANTAGE GOLF, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; ANY CONTENT OBTAINED FROM THE SERVICE; OR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL FORE ADVANTAGE GOLF'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNT YOU PAID FORE ADVANTAGE GOLF, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Fore Advantage Golf and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

13. Termination

a. Termination by Us:

We may terminate or suspend your access to all or part of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

b. Effect of Termination:

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account as described in Section 3.c.

c. Survival:

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Connecticut, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Hartford, Connecticut, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

16. Miscellaneous

a. Entire Agreement:

These Terms constitute the entire agreement between you and Fore Advantage Golf concerning your use of the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Fore Advantage Golf.

b. Severability:

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

c. No Waiver:

Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of these Terms.

d. Assignment:

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fore Advantage Golf without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

e. Headings:

The section titles in these Terms are for convenience only and have no legal or contractual effect.

17. Contact Information

If you have any questions about these Terms, please contact us at: