Last updated July 2018
Please carefully read these terms and conditions of use (these "Terms of Service" or this “Agreement”). These Terms of Service apply to the Oki Golf web site currently located at okigolf.com, and the subdomains thereof, as well as any individual Oki Golf club (“Club”) sites, and any other Oki Golf web sites or applications on which these Terms of Service are posted (collectively, the "Web Site"). The Web Site is made available by Oki Golf Management LLC, on behalf of itself and on behalf of the Clubs that are part of Oki Golf (collectively, "Oki Golf" or "we" or "us" or "our"). These Terms of Service also apply to the various services offered by Oki Golf and Clubs in connection with the Web Site (the "Services").
1. Ownership and use restrictions
The Web Site is owned and operated by Oki Golf. Oki Golf reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Web Site.
You may not reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display, or otherwise use any part of the Web Site in any manner without the express written permission of Oki Golf in each instance, and nothing herein shall imply any license or right otherwise. Modification of any part of the Web Site or Services in any manner is a violation of the applicable owner's copyright and other proprietary rights.
The wordmarks, logos, trade names, packaging and designs of Oki Golf, the Clubs and the Web Site and the Services are the exclusive property of Oki Golf or our affiliates. All other word marks and logos (each, a "Trademark" and, collectively the "Trademarks") appearing on the Web Site and on the Services are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing contained on the Web Site or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site or on the Services in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Web Site or in the Services is strictly prohibited.
We neither warrant nor represent that your use of the Web Site and/or Services will not infringe upon the rights of third parties neither owned by nor affiliated with Oki Golf.
To access the Web Site, you must have access to the internet, and you are solely responsible for payment of any service fees associated with such access. Certain features of the Web Site and the Services may require additional software downloads and minimum technical requirements, which minimum technical requirements may change from time to time in Oki Golf's sole discretion. You are solely responsible for determining whether your device satisfies the minimum technical requirements before you register to access the Web Site and/or the Services. Your exclusive remedy in the event Oki Golf changes the minimum technical requirements is to terminate your use of the Web Site and/or the Services.
In order to use certain functionalities of the Web Site and/or Services, you may be asked to select a user name (a "User Name") for identification purposes. You must not use any User Name that violates these Terms of Service or any of the Code of Conduct (below). You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. Without limiting anything else in these Terms of Service, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this Section.
4. Services and Content
The Web Site and the Services provided may be updated, deleted or otherwise modified from time to time at the sole discretion of Oki Golf.
a. The Web Site and the Services may offer opportunities for you to send messages or postings to others (each a "Message Feature" and, collectively, the "Message Features").
b. You must use the Message Features in a responsible manner. By entering the Web Site or using the Services, you expressly agree to not transmit any message (each, a "Message" and, collectively, the "Messages") in connection with any Message Feature that violates the Code of Conduct for the Web Site and Services as set forth below.
d. Although we or our Vendors may from time to time monitor or review Messages or User Names submitted on the Web Site/Services, neither Oki Golf nor our Vendors are under any obligation to do so and assume no responsibility or liability that may result from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature or any User Name does not constitute approval or endorsement by us or our Vendors. You acknowledge that neither Oki Golf nor our Vendors are responsible for, and cannot and do not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Web Site or Services.
e. Messages submitted to the Web Site or the Services by email or otherwise, including any data, questions, comments, suggestions, or the like, and User Names are, and will be treated as, non-confidential and nonproprietary. By submitting a Message or User Name to the Web Site or in connection with any Services, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential, may be read or intercepted by others and you have no expectation of privacy with regard thereto; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and us or our Vendors other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to us and our Vendors described in “Submissions”, below.
By transmitting any Message or User Name or submitting ideas, articles, story lines, fiction, characters, drawings, creative ideas, concepts, know-how, processes, techniques, proposals, suggestions, plans, product names, technologies, or materials, whether solicited or unsolicited, (each, a "Submission" and, collectively, "Submissions"), you are granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media, or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, "Rights"). Oki Golf, the Clubs and their respective owners and affiliates shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online, or other use or publication of your Submission and to license your Submission to third parties without seeking or receiving your further consent.
4.3 Ownership and Non-Infringement
By posting or submitting any content to the Web Site and/or Services, you represent and warrant that you own or otherwise have rights to use all applicable rights thereto, and that use of such content on the Web Site and/or Services will not infringe or violate the rights of any third party or any applicable law.
5. Code of Conduct
5.1 Code of Conduct
You agree not to use the Web Site and Services, including, but not limited to transmitting Messages, links or Submissions in manner that:
i) imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, interferes or disrupts the Web Site, the Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Web Site or the Services;
ii) is, or encourages conduct that is, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by Oki Golf;
iii) constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law;
iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right or reveals confidential information or trade secrets in an unauthorized manner;
v) contains any virus, Trojan horse, worm, time bomb, cancelbot, or other similar harmful or deleterious programming routine;
vi) harms or attempts to harm minors;
vii) contains any information, software or other material of a commercial nature;
viii) contains advertising, promotions, spam, or commercial solicitations of any kind;
ix) constitutes or contains false or misleading indications of origin or statements of fact; or
x) contains material irrelevant to the subject matter of the Message Feature, including that which incites disputes, demeans, or wishes injury on any individual or us or other users.
Paragraphs i) - x) shall collectively be referred to as the "Code of Conduct".
5.2 General Prohibited Uses
You agree that in connection with your use of the Web Site and the Services, you will not:
i) harvest or collect email addresses or other contact information of other users by electronic or other means or engaging in spidering, screen scraping, database scraping, or other such activity;
ii) use any incomplete, false or inaccurate biographical or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
iii) delete or revise any material or other information of any other user of the Services;
iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
v) use any device, software, or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on the Web Site;
vi) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
vii) allow any other person or entity to use your User Name or password for posting or viewing comments or sending or receiving materials;
viii) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;
ix) access data not intended for you, gain unauthorized access to the Services or log into a server or account that you are not authorized to access;
x) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
xi) attempt to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing" the Services; or
xii) forge any TCP/IP packet header or any part of the header information in any email or posting.
Violations of system or network security may result in civil or criminal liability.
Any features that we make available on the Services are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any features provided on or through the Services, or from using the Services to gamble or wager on, or to facilitate any gambling or wagering on, any activity, including but not limited to the result of any golf match or tournament.
Oki Golf reserves all rights to investigate occurrences that may involve violations of the security of the use of the Web Site and/or Services or of the law, and Oki Golf may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
The Web Site or Services may contain links to other web sites and services ("Linked Services"). The Linked Services are not under Oki Golf's control and Oki Golf is not responsible for the contents of the Linked Services. Links to and from the Web Site or Services from or to other sites maintained by third parties do not constitute an endorsement by Oki Golf of any third-party website or content. We are not responsible for the availability of these third-party resources. Your navigation to other sites is at your own risk. By clicking on any such link, you acknowledge that the Web Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against us with respect to such other sites. You should direct any concerns regarding any external link to the operator of such site.
7. Availability of Services
The availability of the Web Site and the Services may be affected or impaired by a variety of factors, including technical problems, network delays, or other reasons. You agree that Oki Golf is not obligated to provide you with any specific content or access to the Web Site or the Services under this Agreement.
8. Disclaimer of Warranties and Damages; Limitation of Liability
We make no warranties or representations arising out of or relating to the Web Site or the Services. We assume no liability or responsibility for any errors or omissions in the Web Site or the Services. We make no representation that the content contained in the Web Site or the Services is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Web Site and/or the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws.
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR VENDORS WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE WEB SITE OR SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEB SITE OR SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE WEB SITE AND SERVICES AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL WE, OUR CLUBS, OR THEIR OWNERS, OUR VENDOR'S, NOR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT, OR NEGLIGENCE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE WEB SITE OR SERVICES, OR THE USE OR INABILITY TO USE THE WEB SITE OR SERVICES OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR OR OUR VENDOR'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE WEB SITE AND SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU TO US FOR ACCESSING THE SITE AND SERVICES, IF ANY.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Web Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Web Site or in connection with the Web Site or Services. All of your business dealings with vendors and advertisers appearing on or through the Web Site or Services shall be at your sole risk.
9. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Oki Golf has designated an agent to receive notifications of claimed copyright infringement relating to the Web Site (the "Designated Agent"). All such notifications relating to the Web Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Attention: Legal Department
1416 112th Avenue NE
Bellevue, WA 98004
To be effective, the notification must be a written communication that includes the following:
(1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as name, address, telephone number, and, if available, an electronic mail address; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
You hereby agree to indemnify and hold Oki Golf, each Club, their respective owners, affiliates and subsidiaries, vendors, and each of their respective members, managers, owners, directors, officers, employees, agents, shareholders, partners, governors and representatives harmless from any and all claims, demands, liabilities, damages and expenses and other losses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Web Site, including, without limitation, use of any Message Feature, Service; and/or (ii) any breach or alleged breach of these Terms of Service by you.
11. Access Through Mobile Devices
If you use an application on your mobile device (including but not limited to iPhone, iPad, Android phones and tablets, or Microsoft Windows mobile devices (each a “Mobile Device”) to access or use the Web Site or Services, you agree to the following terms and conditions to the extent they apply thereto (such Services accessed via mobile devices referred to herein as the "Licensed Application(s)"):
a. You acknowledge that these terms are between you and us only, and not with Apple, Google, or Microsoft or any other venue, as applicable, where the application is available (“Application Venue”) and that Application Venue is not responsible for the Licensed Application(s) or the content thereof.
b. The license granted to you for the Licensed Application(s) is a limited non-transferable license to use the Licensed Application(s) on any Mobile Device that you own or control and as permitted by the Usage Rules set forth in the Application Venue Terms of Service (as applicable).
c. Any Application Venue, including Apple, Inc., Google, or Microsoft, is not responsible for any maintenance, support, intellectual property, product warranty or product claims, whether express or implied by law, for the Licensed Application(s). You acknowledge that Application Venue has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed Product.
d. In the event of any failure of the Licensed Application(s) to conform to any applicable warranty, you may notify Application Venue and request a refund of the purchase price (if any) for the Licensed Application(s) to you; and, to the maximum extent permitted by applicable law, Application Venue will have no other warranty obligation whatsoever with respect to the Licensed Application(s).
e. You acknowledge that Application Venue is not responsible for addressing any claims of yours or any third party relating to the Licensed Application(s) or your possession and/or use of that Licensed Application(s), including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application(s) fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. You acknowledge that, in the event of any third party claim that the Licensed Application(s) or your possession and use of that Licensed Application(s) infringes that third party's intellectual property rights, Application Venue is in no way responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
12. Termination of Service
We may, in our sole discretion, change, suspend or discontinue any portion or feature of the Web Site at any time with or without notice and with or without cause. We may also cancel your registration password, or impose limits on certain features or services or restrict your access to parts of the Web Site or any or all of the Services with or without notice, and without liability, at any time, in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates these Terms of Service or other policies or guidelines posted on the Web Site or conduct which we believe is harmful to other customers, to our respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Web Site and the Services and destroy all materials obtained therefrom. The provisions of these Terms of Service will survive the termination of your access to the Web Site and/or Services.
13. Export Control
The Web Site and Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Web Site (including, without limitation any Licensed Application or other Services) may be downloaded or exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Libya, Syria, Sudan, or any other country to which the United States has embargoed goods or has been designated by the United States as a "terrorist supporting" country; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the use of the Web Site or Services or the downloading or exportation of any software or technical data from the Web Site to any jurisdiction prohibited by the United States Export Laws.
14. Arbitration; Consent to Jurisdiction In Washington; Time Period Limitation for Claims; Waiver of Class and Representative Actions
a. Any and all disputes, claims, or controversies arising out of or relating to (i) this Agreement, (ii) the breach thereof, or (iii) any use of, or commercial transactions conducted through, the Web Site or Services ("Claims"), whether arising before or after the effective date of this Section, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures (including the Supplementary Procedures for Consumer-Related Disputes to the extent those procedures are applicable), provided however that a Claim for money damages only (and not for any declaratory or injunctive relief) may be filed in a small claims court solely on an individual, non-class, and non-representative basis.
b. You and Oki Golf waive all rights to a trial by jury in any action or proceeding involving any Claim in any forum.
c. Any arbitration of a Claim shall be held in King County, Washington, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it applies only to the arbitration in which it was awarded and cannot be used in any other case or proceeding except to enforce the award itself. The arbitrator shall not have power or authority to award punitive damages, including treble damages that may otherwise be available.
d. Any and all claims shall be arbitrated on an individual, non-class, and non-representative basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Oki Golf waive any right to have any Claim arbitrated or adjudicated as a class or representative action or in any other form other than on an individual basis. You and Oki Golf further agree that the arbitrator shall have no authority to arbitrate any Claim as a class or representative action or in any other form other than on an individual basis. The arbitrator shall have power and authority to award only individual, non-class, and non-representative legal and equitable relief available in the courts of the State of Washington. Notwithstanding any provision of the AAA’s rules and procedures, only the federal and state courts, and not the arbitrator, shall have the power to determine compliance with this paragraph, including the interpretation, validity, and enforceability of each of the foregoing sentences.
e. You agree that Oki Golf may seek any interim or preliminary relief from a court of competent jurisdiction in King County, Washington necessary to protect its rights or property pending the completion of arbitration.
f. If any Claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such Claim shall be the federal or state courts of competent jurisdiction sitting within King County, Washington (the "Forum") and the parties hereby waive (i) any right to a trial by jury with respect to any Claim in such proceeding, (ii) any argument that the Forum or any court within it does not have personal jurisdiction, and (iii) any argument that the Forum is not appropriate or convenient.
g. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim unless you provide Oki Golf with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
h. You and Oki Golf agree that this Section shall apply to the maximum extent permitted by applicable law and shall survive termination of this Agreement.
These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and us. We in our sole discretion may amend these Terms of Service, and your use of the Web Site or Services after such amendment is posted on the Web Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Oki Golf's failure to enforce any provisions of these Terms of Service or respond to a breach by you or another user shall not serve to waive Oki Golf's right enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches