Terms of Use


8AM Golf Terms of Use


  1. BINDING CONTRACTUAL TERMS

By using this website of 8AM Golf Holdings LLC, a Delaware limited liability company (“8AM,” “we,” “us,” or “our”), located at 6 East 43rd Street, New York, New York 10017, including, without limitation all Content (as defined below) available through this website, as well as any other media form or media channel related, linked, or otherwise connected hereto (collectively, the “Site”), and/or by accessing the subscription offerings on the Site, including the goods and/or instructional services available on the Site (the “Subscription Offerings”), the person accessing the Site and/or Subscription Offerings (“you”) signifies (a) that you have read, understood, and agree to be bound by these terms of use (“Terms of Use”); and (b) that these Terms of Use have the same force and effect as a signed agreement. If you do not agree to these Terms of Use, you should discontinue use immediately.  


ATTENTION:  PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING THE SITE. ACCESSING OR USING ANY PART OF THE SITE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND PRIVACY POLICY, DO NOT USE OR OTHERWISE ACCESS THE SITE.


We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check the Site regularly for changes to the Terms of Use. Modifications shall become effective immediately upon being posted at the Site, without further notice to you. Your continued use of any Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications. Except as provided in this paragraph, these Terms of Use may not be amended.


SUBJECT TO YOUR ADDITIONAL RIGHTS IN SECTION 21, BY USING THE SITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THESE TERMS OF USE.  


  1. ELIGIBILITY

You may not use the Site if you are under the age of 13 or if you are between the ages of 13 and 16 and live in a jurisdiction where parental consent would be required for us to process your personal information. We reserve the right to refuse access by users under certain ages, as set in our sole discretion from time to time.

If you are under 18 years of age (or the age of legal majority where you live), you may use our Site and access the Subscription Offerings only with the permission of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you live), you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms of Use, and for determining the suitability of the Site and/or Subscription Offerings for such user.


  1. PRIVACY POLICY

Our Privacy Policy describes the information 8AM collects when you and others use the Site and access the Subscription Offerings. It also describes how 8AM may use or disclose any information about you collected while accessing the Site and Subscription Offerings, including any personal information about you that you share with 8AM. Our Privacy Policy is incorporated into these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our collection, use, or disclosure of personal information about you in accordance with our Privacy Policy. If there is a conflict between these Terms of Use and the Privacy Policy, the Privacy Policy shall have precedence with respect to the subject matter covered by it, and otherwise these Terms of Use shall have precedence. Please click here to review our Privacy Policy. 


  1. AUTHORIZED USE OF THE SITE 

8AM hereby grants you permission to use the Site as set forth in these Terms of Use, provided that:  (a) you will not copy, download or distribute any part of the Site in any form or medium without 8AM’s prior written authorization, except as permitted in Section 7 below; (b) you will not alter, modify, or make derivative works from any part of the Site without 8AM’s prior written authorization, except as permitted in Section 7 below; and (c) you will otherwise comply with these Terms of Use. 


  1. USER CONTENT 

Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Site, including without limitation classified ads, postings on message boards or blogs, or other content which does not originate with 8AM (“User Content”), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will 8AM be liable in any way for any User Content made available through the Site by you or any third party. Since 8AM does not necessarily review or control the User Content posted on the Site, it cannot and does not warrant and/or guarantee the confidentiality, truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing the Site, you may encounter Content that you may consider to be obscene, improper, or for other reasons deemed objectionable. 8AM has no responsibility for any User Content, including without limitation any errors or omissions therein. 8AM is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site, whether by 8AM, individual users of the Site, or third party contractors or licensors of 8AM. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST 8AM WITH RESPECT TO USER CONTENT, AND AGREE TO INDEMNIFY AND HOLD 8AM HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SITE.


You shall be solely responsible for your own User Content and the consequences of posting or publishing them. 8AM does not claim ownership of any of your User Content. However, by uploading, posting, transmitting, or otherwise making any the User Content available on or through the Site, you hereby grant 8AM and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Content in connection with the Site and 8AM’s (and its affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Site a worldwide, non-exclusive, royalty-free license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use.


In connection with User Content, you represent and warrant that you will not:  (a) upload, post, transmit, or otherwise make available any material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to upload, post, transmit, or otherwise make the material available and to grant 8AM all of the license rights granted herein; (b) publish falsehoods or misrepresentations, any information that, out of context, is misleading or any other information that could damage 8AM or any third party; (c) upload, post, transmit, or otherwise make available any material that contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain; or (d) upload, post, transmit, or otherwise make available any material that is otherwise offensive or inappropriate. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your transmitting, posting or submitting User Content. 8AM DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND 8AM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT. 8AM does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Site, and 8AM will remove all User Content if properly notified that such User Content infringes on another’s rights. 8AM will not necessarily monitor User Content. However, 8AM reserves the right to monitor, alter, edit, or remove User Content and block users without prior notice and for any reason. 8AM also reserves sole discretion to decide whether any User Content is appropriate and complies with these Terms of Use.


  1. RESTRICTIONS ON USE OF THE SITE

We reserve all rights in the Site and the Subscription Offerings not granted in these Terms of Use. Without limiting the foregoing, by using the Site and/or accessing the Subscription Offerings, you agree not to:

  • use the Site for any purpose other than for using the features we intentionally make available to you;

  • translate, modify, or create derivative works of the Site;

  • upload, download, recreate, display, perform, post, reproduce or copy the Site, Subscription Offerings, or any Content (defined below), in whole or in part, except with the written consent of 8AM;

  • resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to you under these Terms of Use, the Site, Subscription Offerings, or any other Content, in whole or in part;

  • modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Site other than your content which you legally post on, through or in connection with the Site;

  • attempt to derive the source code, source files, or structure of the software contained in the Site by reverse engineering, disassembly, decompilation, or any other means;

  • use the Site except in accordance with all applicable law;

  • introduce into the Site any “malware,” such as, but not limited to, viruses, worms, and Trojan Horses;

  • use deep-links, page or screen scrapes, web crawlers, web robots, spiders, wanderers, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms, or methodologies which do the same things in connection with the Site, or use other automated processes to access or use the Site;

  • provide false personal information or create an account for anyone other than yourself without our permission;

  • create another account without our permission, if we have disabled your account;

  • attempt to access the accounts of any user of the Site other than your own account;

  • share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;

  • make any unauthorized use of the Subscription Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; 

  • impersonate any other person;

  • post, transmit, or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law;

  • engage in any conduct which might be harmful to others; 

  • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Subscription Offerings to you;

  • use a buying agent or purchasing agent to make purchases on the Site;

  • use the Subscription Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;

  • use the Site in any manner that could damage, disable, undermine, overburden, or impair the Site or the servers on which it runs or interfere with any other party’s use of the Site; or

  • use any of the logos, trademarks, service marks or other indicators of origin appearing on the Site.

8AM will fully cooperate with any law enforcement authorities or court order requesting or directing 8AM to disclose the identity of anyone violating these Terms of Use. 


  1. INTELLECTUAL PROPERTY

Unless otherwise indicated, everything you see, hear, or otherwise experience through this Site and the Subscription Offerings, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to 8AM, and are protected by copyright and other intellectual property rights under United States (the “U.S.”) and foreign laws and international conventions. 8AM owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. Any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. Content and Marks on the Site are provided to you AS IS for your information and personal and non-commercial use only. For your personal and non-commercial use, you may view, copy, and print screenshots of the Site, provided you do not remove any Marks, copyright, or other notice from the Content. Otherwise, the Site may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. 8AM reserves all rights not expressly granted in and to the Site and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of user submissions of third parties obtained through the Site for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application unless expressly permitted by 8AM in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by 8AM. You may not build a business using the Content, whether or not for profit. If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein, nor may you scrape or use any extraction methods to obtain any Content or data from the Site.


8AM may, in its sole discretion, permit you from time to time to submit, upload, or otherwise make available to 8AM or any of its representatives or agents through the Site any suggestions, feedback, or recommendations regarding the Site, the Subscription Offerings, or the business of 8AM (“Feedback”). If you provide any such Feedback, you hereby grant to 8AM and its affiliates a perpetual, non-exclusive, worldwide, royalty-free, fully paid, irrevocable, sublicensable and transferable license to use such Feedback, under all intellectual property rights, for any purpose, without notice or attribution to you.


  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you are an intellectual property owner or an agent thereof and believe that either (a) any Content or User Content on the Site or (b) any material or activity contained on an online location to which 8AM has referred or linked users, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. § 512(c)(3) and 512(d) for further detail):


  1. a physical or electronic 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 on the Site are covered by a single notification, a representative list of such works on the Site;

  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 (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);

  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

  5. a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

          Notification pursuant to the DMCA should be submitted to:


          8 AM Golf Holdings LLC

          6 East 43rd Street

          New York, New York 10017
          Attention: Gregg Freedman
          Email: gfreedman@milsteinbrothers.com


You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Emails or notices sent to 8AM without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to. 8AM will terminate repeat infringers from further use of the Site. 


  1. TRADEMARKS AND CELEBRITY MATERIAL

    1. 8AM responds to complaints that User Content infringes trademarks or celebrity material.  Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.

    2. Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk misappropriating celebrity rights if you use a celebrity name or likeness on the Site and you do not have the celebrity’s permission.

    3. If you are a trademark owner or a celebrity and you believe your rights have been infringed or misappropriated on the Site, please submit a notification of infringement or misappropriation to our agent listed in Section 8 above.

    4. To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.

    5. When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Site where you believe the infringement is occurring.


  2. USER ACCOUNTS

If you register for an account to use our Site, including to access the Subscription Offerings, you must provide accurate account information and ensure that you maintain the accuracy of this information at all times. You also must maintain the security of your account (including by logging out of your account at the end of each session), and promptly notify us if you discover or suspect that someone has accessed your account or your account credentials without your permission. If you permit others to use your account, you are responsible for the activities of those users. We reserve the right to reclaim usernames for any reason, including on behalf of businesses or individuals that hold trademark rights or other legal claims in those usernames and/or if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


  1. SUBSCRIPTION OFFERINGS

We reserve the right to limit the quantities of the Subscription Offerings offered or available on the Site. All descriptions or pricing of the Subscription Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Subscription Offerings at any time for any reason. We do not warrant that the quality of any of the Subscription Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.


If you purchase the Subscription Offering, your account will “auto-renew” for subsequent subscription periods of equal length until you cancel your subscription (set it not to renew) or we terminate it. The subscription period and the cost of the subscription (during and after any initial promotional period) are disclosed via the Site prior to purchase. We automatically bill your payment method upon the expiration of your current subscription period. You may cancel your subscription at any time by clicking on the cancel link in the account section of your subscription account dashboard and you will continue to have access through the end of your subscription period (or free trial period, if applicable). You will not have the right to receive any pro-rated refunds if you cancel your subscription period early. You must cancel your subscription at least 3 days before the end of your current subscription period in order to avoid being billed for the next subscription period.


Your subscription may start with a free trial. 8AM reserves the right, in its sole discretion, to determine your free trial eligibility. Our Site will indicate whether or not the free trial will automatically convert to a paid subscription upon expiration of the trial period. If so, unless you cancel your subscription prior to the end of the free trial period, we will begin billing your payment method on a recurring basis for your subscription upon expiration of the free trial period until you cancel your subscription or we terminate it.


  1. PURCHASES AND PAYMENT

Prices for Subscription Offerings are subject to change at any time, but changes will not affect any purchase you have already placed except that for auto-renewing subscriptions, price changes will take effect when indicated in our email notice to you.


To the fullest extent permitted by applicable law, you are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of a Subscription Offering. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. For U.S. users, the actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.


Only valid payment methods acceptable to us may be used to complete a purchase for a Subscription Offering. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your purchase (including any applicable taxes and any shipping and handling charges). If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts.


In the event of an error, we reserve the right to correct the error and revise your purchase accordingly (which includes charging the correct price) or to cancel the purchase and refund any amount charged.


Except to the extent refunds are required by law, payments are nonrefundable and there are no refunds. However, we may, in our sole discretion, provide a refund or discount in certain cases.


  1. WARRANTIES

By using the Site and/or accessing the Subscription Offerings, you represent and warrant to 8AM that:

  1. all registration information you submit will be true, accurate, current, and complete;

  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;

  3. you have the legal capacity and you agree to comply with these Terms of Use;

  4. you will not access the Site under false identity or pretext and will not use it to falsify your or any other person’s identity (however, this will not prevent you from using an adopted name or nickname provided the name is used lawfully and in good faith); 

  5. you will not access the Site and/or the Subscription Offerings through automated or non-human means, whether through a bot, script, or otherwise; 

  6. you will not use the Site for any illegal or unauthorized purpose; and 

  7. your use of the Site and/or the Subscription Offerings will not violate any applicable law or regulation.

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND THE SUBSCRIPTION OFFERINGS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.  8AM GIVES NO WARRANTY NOR MAKES ANY REPRESENTATION IN RELATION TO THE SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, 8AM AND ITS AFFILIATES, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, SHAREHOLDERS, OR LICENSORS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “8AM PARTIES”), EXPRESSLY DISCLAIM AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF 8AM RELATING TO THE SITE, THE SUBSCRIPTION OFFERINGS, AND THE OTHER CONTENT, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SITE, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, 8AM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE OR WEBSITES LINKED TO THE SITE IS ACCURATE, COMPLETE, OR CURRENT; THAT THE SITE AND SUBSCRIPTION OFFERINGS WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY, OR LEGALITY OF ANY SUBSCRIPTION OFFERINGS, OTHER CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. THE 8AM PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (c) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SUBSCRIPTION OFFERINGS, (e) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (f) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.


  1. LIMITATIONS ON LIABILITY

IN NO EVENT SHALL THE 8AM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SITE, SUBSCRIPTION OFFERINGS, OTHER CONTENT, OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SITE OR THE SUBSCRIPTION OFFERINGS, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE 8AM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.


THE 8AM PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM:  (a) ANY SUSPENSION OR DISRUPTION OF THE SITE OR THE SUBSCRIPTION OFFERINGS, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE 8AM PARTIES’ NEGLIGENCE; (b) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SUBSCRIPTION OFFERINGS; (d) UNAUTHORIZED ACCESS TO OR USE OF 8AM’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (e) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (f) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (g) USER CONTENT, THIRD PARTY WEBSITES OR APPS, OR (h) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS, OR OTHER INTERACTIONS WITH ANY THIRD PARTIES, WHEREIN SUCH CONTENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 8AM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


THE 8AM PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE.


THE 8AM PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SITE AND/OR SUBSCRIPTION OFFERINGS WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00). 


  1. INDEMNITY

YOU ACKNOWLEDGE THAT THE 8AM PARTIES HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES, OR THE TRUTH OR ACCURACY OF ANY THIRD PARTY’S CONTENT. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE 8AM PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEYS’ FEES ARISING FROM ANY CLAIM (INCLUDING, BUT NOT LIMITED TO, CLAIMS OR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO YOU OR TO THIRD PARTIES, CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE DAMAGES), DEMAND, OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE 8AM PARTIES IN CONNECTION WITH: (a) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SITE AND/OR SUBSCRIPTION OFFERINGS; (b) YOUR BREACH OF ANY OF THESE TERMS OF USE; (c) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT; OR (d) ANY CLAIM THAT ANY OF YOUR USER CONSENT CAUSED DAMAGE TO A THIRD PARTY.


IF THE 8AM PARTIES DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, THE 8AM PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE 8AM PARTIES.


  1. TERMINATION 

8AM may terminate your access to and use of the Site and Subscription Offerings without notice, in the event you have, or we reasonably believe that you have (a) breached these Terms of Use or (b) misused or challenge 8AM’s rights in the Content. 


8AM may at any time discontinue or modify the Site (or any portion thereof), temporarily or permanently, and such modifications may adversely affect the use of the Site or the Subscription Offerings by users. You agree that 8AM shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site (or any portion thereof). 8AM will use reasonable efforts to notify users of the cessation of the Site or any changes that would impact on your use of the Site. 8AM may give such notices through or on the Site or by email communications.


If your access is terminated for any reason, your right to access and use the Site and Subscription Offerings will also immediately terminate, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 


  1. LINKS TO AND FROM THE SITE

The Site may contain links to third-party websites and online services (such as apps) that are not owned or controlled by 8AM, and certain material and functionality on or available through the Site may be provided by third parties. 8AM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, 8AM will not and cannot control or edit the content of any third-party website or online service. BY USING THE SITE, YOU EXPRESSLY RELEASE THE 8AM PARTIES FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions of use for each other website or online service that you visit.


  1. ADVERTISEMENTS/RELEASE

8AM takes no responsibility for advertisements or any third-party material transmitted through or posted on the Site, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Site (“Advertisers”). Any dealings you have with Advertisers found while using the Site are between you and the Advertiser, and you agree that 8AM is not liable for any loss or claim that you may have against an Advertiser.


YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE 8AM PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES.  


  1. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may be transferred or assigned by 8AM without restriction and without notice to you.


  1. DISPUTE RESOLUTION, MANDATORY ARBITRATION, AND CLASS ACTION WAIVER

These Terms of Use are governed by U.S. and New York law, without regard to conflict of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded in their entirety from these Terms of Use. We make no representation that our Site is appropriate, legal, or available for use outside of the U.S.


All claims and disputes, including all statutory claims and disputes, arising out of or relating to these Terms of Use or your use of the Site and Subscription Offerings will be finally resolved by binding arbitration on an individual basis, except that you and 8AM are not required to arbitrate any dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents in the courts of New York, New York, U.S. This means that, except for the equitable relief described in the previous sentence, neither 8AM nor you will sue in court before a judge or jury. 8AM and you are also agreeing that no dispute subject to the terms of this Section 21 will be resolved as a class. Instead, one neutral arbitrator will decide the dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between 8AM and you.


The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with its rules of practice and procedure (the “Rules”), except to the extent they conflict with these Terms of Use. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. 8AM and you will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. Any relief awarded in arbitration cannot affect other end users and will be kept confidential. The number of arbitrators shall be one, selected in accordance with the Rules, and the language of the arbitration will be English. The arbitration will be held in New York, New York, U.S. If you demand arbitration first, you will pay the claimant’s initial arbitration filing fees or case management fees required by the Rules up to one hundred twenty-five U.S. Dollars ($125.00), and 8AM will pay any additional initial filing fee or case management fee. Notwithstanding any contrary provisions in the Rules but subject to the previous sentence, each party shall bear its own costs and expenses of the arbitration and one-half of the fees and costs for the arbitrator unless the arbitrator determines the fees and costs should be borne by one of the parties. The arbitrator may not award or assess punitive damages against either party.  


8AM AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither 8AM nor you will seek to have any dispute heard as a class action, a class wide arbitration, a private attorney-general action, or any other proceeding in which either of 8AM or You act(s) or propose(s) to act as a representative for others. 8AM and you also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of 8AM, you, and every other party to that arbitration or proceeding. Without the written consent of 8AM, the arbitrator may not consolidate or join more than one person or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding.  


ANY LEGAL ACTION BROUGHT BY YOU AGAINST 8AM OR ANY OF THE 8AM PARTIES MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION. 


This Section 21 may be amended from time to time in accordance with Section 1 of these Terms of Use. 


  1. EXPORT CONTROL

Software and the transmission of applicable technical data, if any, in connection with the Site may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the U.S. or the country in which you reside.


  1. THIRD PARTY BENEFICIARIES

YOU ACKNOWLEDGE THAT EACH OF THE 8AM PARTIES IS AN INTENDED THIRD PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN SECTIONS 14, 16, 15, 18, 19, AND 21. SUBJECT TO THE FOREGOING, NOTHING IN THESE TERMS OF USE IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION, OR LIABILITY ON ANY PERSON OTHER THAN 8AM AND ITS SUCCESSORS AND ASSIGNS AND YOU.


  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.


  1. GENERAL TERMS

These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with 8AM (including without limitation an agreement to provide Content for the Site). If any provision of these Terms of Use are held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use.


Except as expressly permitted under these Terms of Use, no modification, alteration, or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and 8AM’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.


Nothing in these Terms of Use will create, or be deemed to create, a partnership or joint venture and will not be construed as giving rise to the relationship of principal and agent between the parties.


  1. CONTACT US

In order to resolve a complaint regarding the Site and/or the Subscription Offerings, or to receive further information regarding use of the Site and/or the Subscription Offerings, please contact us at:


8 AM Golf Holdings LLC

6 East 43rd Street

New York, New York 10017
Email: hello@8amgolf.com