These membership terms (“Membership Terms” or “contract”) are entered into by and between You and Cut Draw, LLC (“Company,” “we,”, “us” or “our”). These Membership Terms govern annual memberships purchased through our website www.cutdrawgolf.com (the “Website”). Please read the Membership Terms carefully before You purchase an annual membership in the Cut Draw Golf Club. Once You click [“I agree”], You agree to the Membership Terms as a legally binding contract between you and the Company. You represent and warrant that You are at least 18 years of age, and You consent to the use of Your personal identification information for Your membership.
1. Membership; Payment
You may purchase an annual membership in the Cut Draw Golf Club through the Website. An annual membership provides Members access to exclusive golf content (“Content”) and a right to participate in periodic giveaways for one (1) year (“Sweepstakes”).
YOUR ANNUAL MEMBERSHIP IS NON-TRANSFERABLE, NON-REFUNDABLE, AND MAY BE REVOKED FOR MISUSE.
Your annual membership fee will be processed by Stripe, a third-party payment platform. To protect Your credit card information, Stripe encrypts personal and credit card information during all transactions and sends an automated confirmation email for all transactions.
2. Refusal, suspension or termination of membership
3. Rights to Content
The Content on the Website is copyright of its author. We own any Company-contributed content, and all other rights in the Website including its design, compilation and look and feel. Your membership gives you a right (a revocable, non-exclusive license) to use the Content for personal purposes. You must not redistribute Content.
4. Availability and Use of the Site
The Website will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend Your access to the Website or the provision of the Website’s services and content, for maintenance, technical or other reasons.
The Website includes exclusive golf content for informational purposes, which we aim to regularly update. The content will be updated, changed or removed from time to time, at our discretion, so we can’t guarantee that specific content will always be available on the Website.
5. Term; Automatic Renewal; Termination
The initial term of this contract shall commence on the date You join Cut Draw Golf Club as a member and shall continue for a period of one (1) year from such date.
THIS CONTRACT WILL AUTOMATICALLY RENEW ON AN ANNUAL BASIS FOLLOWING THE INITIAL TERM UNTIL YOU TERMINATE YOUR MEMBERSHIP. YOU HEREBY AUTHORIZE THE COMPANY TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING THE PAYMENT METHOD WOOCOMMERCE HAS ON RECORD FOR YOU FOR THE INITIAL TERM AND FOR ALL PAYMENTS AFTER THE AUTOMATIC RENEWAL OF YOUR MEMBERSHIP UNTIL YOU TERMINATE YOUR MEMBERSHIP AS SET FORTH BELOW. THE ANNUAL PAYMENT AMOUNT FOLLOWING THE INITIAL TERM WILL EQUAL THE THEN-CURRENT ANNUAL MEMBERSHIP FEE PLUS TAX.
THE COMPANY RESERVES THE RIGHT TO CHANGE THE ANNUAL MEMBERSHIP FEE (THEREBY CHANGING YOUR ANNUAL PAYMENT AMOUNT OF THE SAME, PLUS TAX) TO BE EFFECTIVE AFTER THE EXPIRATION OF THE INITIAL TERM UPON PROVIDING YOU WITH NOT LESS THAN FIFTEEN (15) DAYS ADVANCE WRITTEN NOTICE OF SUCH CHANGE TO THE ANNUAL MEMBERSHIP FEE. You agree to receive any written notice of the automatic renewal of this Contract and written notice of any changes to this Contract electronically at any email address provided to the Company or at any mailing address provided to the Company. TO TERMINATE THIS CONTRACT EFFECTIVE AFTER THE INITIAL TERM AND TO PREVENT AUTOMATIC ANNUAL RENEWAL OF YOUR MEMBERSHIP AFTER THE INITIAL TERM, SIGN IN, GO TO YOUR ACCOUNT SETTINGS, AND SELECT MANAGE MEMBERSHIP FROM THE MENU. YOU UNDERSTAND THAT YOU CANNOT CANCEL THIS CONTRACT’S INITIAL TERM, AND YOU CANNOT CANCEL AN AUTOMATICALLY RENEWED TERM AFTER THE APPLICABLE CANCELLATION DEADLINE HAS PASSED. YOU MAY CANCEL AN AUTOMATIC RENEWAL PERIOD (AND ALL SUBSEQUENT RENEWAL PERIODS) BY PROVIDING NOTICE TO THE COMPANY AS FOLLOWS: (1) TO PREVENT AUTOMATIC RENEWAL IMMEDIATELY AFTER THE INITIAL TERM, NOTICE MUST BE PROVIDED ON OR BEFORE THE DATE THE INITIAL TERM EXPIRES; (2) TO PREVENT AUTOMATIC RENEWAL OF SUBSEQUENT ANNUAL TERMS, NOTICE MUST BE PROVIDED ON OR BEFORE THE ANNUAL ANNIVERSARY OF THE EXPIRATION OF THE INITIAL TERM (“CANCELLATION DEADLINE”). IF YOU PERMIT THIS CONTRACT TO RENEW, IT SHALL RENEW ON AN ANNUAL BASIS AND THE COMPANY SHALL BE ENTITLED TO CONTINUE FINANCIAL INSTITUTION WITHDRAWALS OR CREDIT OR DEBIT CARD WITHDRAWALS EACH YEAR. Regardless of the number of times a membership is used or not used, there are no refunds of amounts paid under these Membership Terms.
6. Liability and disclaimer
Except as provided by law, (a) we do not promise that the Content or Your access to the Website will be uninterrupted or error-free, that any defects will be corrected, or that the Website or Content are free of viruses or any other harmful components; and (b) we make no promises regarding Your access to, or the results of Your access to, the Website or Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Except as provided by law, we and our affiliates are not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result from any use of or access to, or any inability to use or access, the Website.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $44.99, OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Changes to Membership Terms
We may change these Membership Terms from time to time, but we will notify members before doing so. You will be given the opportunity to cancel your annual membership with a pro-rata refund (based on time remaining in your annual membership) if you do not want to accept the changes. If you do not opt out in this way, your continued subscription to and use of the Website will be an acceptance of the updated Membership Terms.
8. Jurisdiction; Governing Law
All matters relating to this contract or membership, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction). Any and all disputes, claims, and causes of action arising out of or connected with this contract or membership SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION and shall be instituted exclusively in the United States District Court for the Eastern District of Missouri, Eastern District, or the courts of the State of Missouri located in St. Louis County, although we retain the right to bring any suit, action, or proceeding against You for breach of this contract in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
At Company’s sole discretion, it may require You to submit any disputes arising from these Membership Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Missouri law.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Membership Terms.
11. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE MEMBERSHIP TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12. Waiver and Severability
No waiver by the Company of any term or condition set out in these Membership Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Membership Terms shall not constitute a waiver of such right or provision.
If any provision of these Membership Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Membership Terms will continue in full force and effect.
13. Entire Agreement
These Membership Terms constitute the sole and entire agreement between You and Company regarding Your membership and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Your Membership.