Website Terms of Use

Please read these ARCIS GOLF WEBSITE Terms of Use (“terms of use”) carefully. These Terms of Use govern your access to and use of the ARCIS GOLF WEBSITE and any other site on which these terms are posted, including all information, services and other content provided on such Sites (collectively, the “SITE”). By accepting these terms of use or by accessing and using the Site, you agree that: (1) you have read and agree to be bound by these Terms of Use, and (2) these Terms of Use constitute a binding agreement between you and ARCIS GOLF LLC (“ARCIS GOLF”, “WE” or “US”). If you do not agree to these Terms of Use, you are not permitted to access or use the Site.

Minimum Age

You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). If you are under the age of 18 (or the age of majority in the State in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms of Use. The Site is not intended for, and you may not use the Site if you are under 13 years of age.

Privacy Policy

Please click here to view our Privacy Policy, which applies to personal information collected from or provided by you on the Site.

Modifications

Arcis Golf reserves the right to modify and update these Terms of Use, as well as any aspect of the Site at any time in its sole discretion. Your continued access to or use of the Site will constitute your acceptance of any modifications and updates made by Arcis Golf.

Your Account

You may be required to create an account with Arcis Golf (“Account”) in order to access certain content and services on the Site. You are solely responsible for safeguarding your Account password and for all activities that occur under your Account. You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. If you suspect any unauthorized use of your Account, you should immediately change your password and contact Arcis Golf at legal@arcisgolf.com. Arcis Golf reserves the right to terminate your Account or suspend your use of the Site for any reason if we suspect that your Account is being used in an unauthorized manner or for any other reason, in Arcis Golf’s sole discretion.

Tee Time Reservations

If you reserve a tee time through the Site (a “Reservation”), you will receive written confirmation at the email address associated with your Account. If you do not receive confirmation of your Reservation, please contact the club to confirm that your Reservation was received by our reservation system.

You agree to pay all charges associated with your Reservation using one of the payment methods accepted on the Site. By submitting payment, you authorize Arcis Golf to charge the payment method you designate for such Reservation. Arcis Golf reserves the right to refuse or cancel your Reservation if your payment is declined or reversed, or for any other reason in accordance with the policies of the applicable club. We will use commercially reasonable efforts to promptly notify you of any cancellation at the contact information associated with your Account.

You may cancel a Reservation in accordance with the cancellation policies of the applicable club. We modify our policies from time to time, so you should review these policies prior to submitting any Reservation request. For information about our cancellation policies, please contact the applicable club.

Text Messages

In the event you submit your mobile phone number to the Site, you are agreeing to receive SMS and MMS messages from Arcis Golf (“Text Communications”). We may ask you to verify your mobile phone number by responding to a text message that affirms your choice to receive further Text Communications. If you elect to receive Text Communications, you are acknowledging and agreeing that: (1) we may send Text Communications to the mobile number you provide; (2) the content of such Text Communications may be accessed to others with access to your mobile device or the associated telecommunications account; and (3) you are the owner or authorized user of the mobile number you provide to Arcis Golf. It is your responsibility to promptly notify Arcis Golf if you cease to be the owner or authorized user of such mobile number. You understand that the frequency of Text Communications may vary, and any messaging and data rates of your wireless carrier may apply. If you no longer wish to receive Text Communications, you may text “STOP” at any time.

Site Content

The Site, including all information, services, images, logos, trademarks, graphics, software, and other content made available by Arcis Golf on the Site (collectively, the “Site Content”) are the sole property of Arcis Golf, its affiliates or their licensors, and is protected by copyright and other laws, both in the United States and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit the Site Content in any manner, except as expressly permitted or approved by Arcis Golf. You may download and copy Site Content made available to you on the Site for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for the limited license set forth in these Terms of Use, Arcis Golf does not convey any interest, rights or licenses in or to the Site Content. All rights not expressly granted herein are reserved by Arcis Golf, its affiliates and their licensors.

Third-Party Services

The Site may include links or plug-ins to sites and services provided or operated by companies not affiliated with Arcis Golf (“Third Party Services”). The inclusion of any link or plug-in on the Site is provided solely as a convenience to you. If you access or use any Third Party Services, you do so at your own risk. We encourage you to review the terms of use, privacy policies, and other user agreements of any Third Party Services you choose to use, as such terms and conditions, policies, and agreements will govern your access to and use of such Third Party Services. We do not guarantee, and are not responsible for, the privacy or security of such Third Party Services, or the accuracy, completeness, or reliability of the information contained therein. ARCIS GOLF EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH SUCH THIRD PARTY SERVICES.

Digital Millennium Copyright Act

Arcis Golf endeavors to observe the requirements of the Digital Millennium Copyright Act. In the event you believe that any Site Content infringes your copyright or other intellectual property right, you may notify our designated agent by e-mail at legal@arcisgolf.com or at the following mailing address:

Arcis Golf

8343 Douglas Avenue, Suite 200

Dallas TX 75225

Attn: DMCA Complaint

You must include the following information in your complaint:

a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing with respect to the Site;
your e-mail address, mailing address and telephone number;
a statement by you that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or law;
a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.

Acceptable Use Policy

You agree that you will not: (1) use the Site or any Site Content in a manner which constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (2) introduce into the Site any computer viruses, malware, bots, worms, Trojan horses or other harmful, disruptive, or destructive materials that limit the functionality of any computer software, hardware, or telecommunications equipment; (3) falsely state or misrepresent your identity or affiliation with any other person or entity; (4) interfere with any other user’s ability to use or enjoy the Site; (5) tamper with any security feature of the Site or attempt to reverse-engineer, disassemble or decompile the Site; (6) use any a robot, spider, scraper or other automated tool, software or interface not provided by Arcis Golf to access the Site or extract data from the Site; (7) use the Site or any Site Content in a manner which infringes or violates a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right; or (8) otherwise violate these Terms of Use. Without limiting any other remedies available to Arcis Golf under these Terms of Use, in law, or in equity, Arcis Golf reserves the right to suspend or terminate your access to the Site in the event you violate any part of this Acceptable Use Policy.

Warranty Disclaimer

The SITE IS PROVIDED BY ARCIS GOLF ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARCIS GOLF MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING: (1) THE SITE, INCLUDING BUT NOT LIMITED TO THE SECURITY, FUNCTIONALITY OR AVAILABILITY OF THE SITE; (2) THE ACCURACY, CURRENCY OR COMPLETENESS OF ANY SITE CONTENT; (3) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE SITE; OR (4) THE ABSENCE OF ANY MALWARE OR OTHER HARMFUL CODE ON THE SITE OR WITHIN ANY SITE CONTENT. ARCIS GOLF, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.

Limitation of Liability

IN NO EVENT WILL ARCIS GOLF, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY: (1) INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUES OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARCIS GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (2) DAMAGES OF ANY KIND IN AN AMOUNT THAT EXCEEDS FIFTY DOLLARS ($50.00). THESE LIMITATIONS SHALL APPLY, REGARDLESS OF WHETHER YOUR REMEDIES AGAINST ARCIS GOLF UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, ARCIS GOLF’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

Indemnification

You agree to indemnify, defend and hold Arcis Golf and its affiliates, and each of their respective officers, directors, partners, employees, contractors, agents, and licensors, harmless from and against all claims, actions, demands, liabilities, losses, expenses, damages, fines, penalties and other costs, including reasonable attorneys’ fees, arising out of or related to (1) your use or misuse of the Site, including any Site Content; or (2) your breach of these Terms of Use. Arcis Golf reserves the right to assume the exclusive defense and control of any claim that is subject to indemnification under this section, at your expense, in which event you agree to cooperate with any reasonable requests assisting Arcis Golf’s defense of such matter.

Termination

You may terminate these Terms of Use at any time by completing the form linked here or by discontinuing your use of the Site.

Governing Law

All questions concerning the construction, validity, enforcement and interpretation of these Terms of Use shall be governed by and construed in accordance with the domestic laws of the State of Texas, without giving effect to any choice of law or conflict of law principles.

Jury Waiver

YOU AND ARCIS GOLF AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT OF A DISPUTE IN CONNECTION WITH THESE TERMS OF USE.

General

To the extent any provision in these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such provision will be removed or modified solely to the extent necessary to cause these Terms of Use to be enforceable, and the rest of these Terms of Use will remain in full force and effect. The failure by Arcis Golf to enforce any provision of these Terms of Use will not affect our right to enforce such provision at any time thereafter, nor shall our waiver of any breach or default by you of these Terms of Use constitute a waiver of any subsequent breach or default. These Terms of Use constitute the entire agreement between you and Arcis Golf relating to the subject matter herein.

Electronic Communications.

These Terms of Use and any associated documentation, agreements, notices, and communications between you and Arcis Golf may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of these Terms of Use and all associated documentation, agreements, notices, and other communications for your reference.

How To Contact Us

If you have any questions about these Terms of Use, please contact Arcis Golf at legal@arcisgolf.com.