Puttcard

Puttcard Terms of Use

Welcome to Puttcard! We hope you (hereinafter, “You” or “Your”) enjoy Your time here. Puttcard (“Puttcard”, “we”, “us”, “our”) provides its services through the Puttcard.com website (the “Site”), certain software applications downloadable to supported mobile devices, consumer electronic devices and other mechanisms (collectively, the “Applications”), as well as other places where our services are available, including websites and applications of our third party partners and other websites where users or website operators are permitted to embed or have otherwise licensed our data and services (collectively, “Portals”). The Site Content (defined below), and any other features, tools, materials, products and services we offer through the Portals are collectively referred to as the “Service”.

These Terms of Use (“User Terms”) define how You may use the Service. Your use of the Service, and/or Your participation in activities and offerings through the Service, represents Your agreement with Puttcard to be bound by these User Terms. Please understand that this is a binding legal agreement. If You do not want to comply with these User Terms, then You should not use the Service, so please read these User Terms carefully.

The Puttcard Privacy Policy explains how the Service collects and uses certain personally identifiable information (“PII”) and non-personally identifiable information (“NPI”) provided by You or Your computer, mobile device, consumer electronic device or other mechanism. Please see the Puttcard Privacy Policy for a description of what PII and NPI is collected, how it is used and maintained, and with whom it may be shared. The terms of the Puttcard Privacy Policy can be found here and are incorporated into these User Terms by reference. Therefore, by agreeing to these User Terms, you agree that your engagement with and use of the Service through any Portal is governed by the Privacy Policy in effect at the time of your use.

Additional terms may apply to Your participation in certain supplemental activities through the Service, such as “giveaways”; these terms will be provided to You when You register for such activities.

These User Terms may be modified at any time and from time to time by Puttcard. The current version of the User Terms can always be found under the “Terms of Use” button on the Site. You can tell if there have been changes to these User Terms since your last use of the Service by checking the date at the bottom of the User Terms page. Your continued use of the Service after an update to the User Terms will constitute Your acceptance of, and agreement to be bound by, the updated version of the User Terms.

PLEASE NOTE: You must be at least 13 years of age to use the Service and engage in activities through the Service. If You are not at least 13 years old, You should not be accessing Site Content, using the Service or submitting any PII.

  1. Services The Service allows You to view a selection of mini golf and other entertainment centers (collectively “Courses”). You may also view postings, submissions and profiles of registered members of the Service if they elect to make their postings, submissions and profiles public (“User Material”). If You register as a member of the Service (a “Registered Member”), You will be able to take advantage of a broader range of services, including the ability to maintain Your playing history, to post and share reviews of Courses, and to optimize your viewing of the Courses. Premium Registered Members have access to a more extensive library of Courses and are able to track and share their games. Except as expressly provided below with respect to Premium Memberships, Puttcard reserves the right to modify, reduce, add to or eliminate features of the Service at any time. You are responsible for all costs and equipment required for You to access the Service via the Internet.

  2. Site Content The Courses, the User Material, any other software provided by or accessed through the Service, and any other content offered on or through the Service, including graphics, photographs, text, quotations, trademarks, logos, layout, design, interface, audio and video materials and stills (all of the foregoing, collectively, the “Site Content”), are owned solely and exclusively by Puttcard and its licensors and are protected by U.S. and foreign laws securing intellectual property rights, including those safeguarding copyrights and trademarks. Using technologies to access the Site Content from territories where Puttcard does not have rights to offer such content is strictly prohibited.

  3. WARRANTY DISCLAIMER YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATION OR WARRANTY BY PUTTCARD OF ANY KIND, AND THAT YOUR USE OF ALL OR ANY OF THE SAME IS AT YOUR SOLE ELECTION AND RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, PUTTCARD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CURRENCY, TITLE AND NON-INFRINGEMENT AND THOSE IMPLIED THROUGH COURSE OF CUSTOM OR USAGE OF TRADE.

FOR AVOIDANCE OF DOUBT, BUT WITHOUT LIMITING THE FOREGOING IN ANY WAY, PUTTCARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE OPERATION OF THE SERVICE OR SOFTWARE THEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, CONSUMER ELECTRONIC DEVICE, OTHER MECHANISMS AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF USING THE SERVICE. IN ADDITION, WE MAKE NO GUARANTEES REGARDING THE AMOUNT OF TIME THAT ANY SITE CONTENT OR USER MATERIAL WILL BE PRESERVED.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THE SERVICE, YOU MAY BE EXPOSED TO USER MATERIAL POSTED AND/OR SUBMITTED BY OTHER USERS OF THE SERVICE. WE DO NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY USER MATERIAL, AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER MATERIAL. WE ARE NOT IN ANY MANNER RESPONSIBLE FOR THE USER MATERIAL, AND WE DON’T GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER MATERIAL. IN ADDITION, WE CAN’T ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER MATERIAL WILL NOT APPEAR ON THE SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER MATERIAL ON THIS SERVICE, WE ARE MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND ARE NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER MATERIAL OR ACTIVITIES OF USERS ON THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER MATERIAL ARE NOT NECESSARILY OURS OR THOSE OF OUR AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.

  1. Restrictions on Use You may use the Service only for Your own personal, non-commercial use. You acknowledge and agree that certain Site Content may not be accessible through every Portal, due to certain restrictions from content licensors or other limitations imposed by third parties.

You may not, without the express prior written consent of Puttcard in each instance:

Reproduce, duplicate, provide, display, publish or otherwise distribute (including by way of email, linking, tagging, facsimile or other electronic means) the Site Content; Alter or remove any copyright and other proprietary notices marked on the Site Content; Incorporate any Site Content into, or retransmit any Site Content via, any hardware or software application, or make any Site Content available via frames or in-line links; Create derivative works, or materials that otherwise are in any way derived from or based on the Site Content or Service, including without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, indexes of any significant portion of the Site Content or merchandise; Access the Service through any automated system, including “robots,” “spiders,” or “offline readers” (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services); Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Use the Service on behalf of or in the name of another person or entity; Damage, disable, overburden, impair, or gain unauthorized access to the servers, computer network, or user accounts of Puttcard or its business partners; Collect, retrieve or recreate personally identifiable information provided by Registered Members; Collect, retrieve or harvest information about users of the Service, whether or not Registered Members, for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications; Start or build a business utilizing the Site Content, whether or not for profit; Violate these User Terms or any policy or other terms posted on the Service with respect to the Service and/or Site Content; or Violate any applicable law, rules or regulations in connection with Your use of the Service. Puttcard reserves the right to immediately terminate Your membership or use of the Service at any time, without notice or liability, if Puttcard determines in its sole discretion that You have breached these User Terms; violated any law, rule, or regulation; engaged in other inappropriate conduct; or placed an undue burden on Puttcard’s networks or servers.

  1. INDEMNIFICATION. BY REGISTERING FOR AND/OR PARTICIPATING IN ANY ACTIVITIES ON THE SERVICE, OR USING, POSTING OR ACCESSING ANY SITE CONTENT, YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS PUTTCARD, ITS PARENTS, AFFILIATES AND BUSINESS PARTNERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, LICENSORS, REPRESENTATIVES AND AGENTS, FROM AND AGAINST ANY AND ALL ACTIONS, CAUSES OF ACTION, DAMAGES, CLAIMS, JUDGMENTS, LOSSES, EXPENSES (INCLUDING LEGAL FEES AND EXPENSES, INCLUDING ANY INCURRED IN ENFORCEMENT OF THIS PROVISION), COSTS OR OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE USER MATERIAL YOU POST OR YOUR USE OF THE SERVICE, WHETHER OR NOT SUCH USE IS IN COMPLIANCE WITH THESE USER TERMS.

  2. Trademarks The trademarks, logos, service marks and other similar proprietary designations and designs (whether or not registered, collectively the “Trademarks”) displayed in Site Content or in conjunction with the Service are Trademarks of Puttcard and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Service should be construed as granting to You, by implication, estoppel or otherwise, any license or right to use any Trademark without Puttcard’s express prior written permission or the written permission of the third party that owns the Trademark.

  3. Registration; Passwords Access to certain Site Content and certain features of the Service is restricted to Registered Members only. When You register for the Service or participate in certain activities on the Service, You will be asked to provide designated personal information, such as Your name, email address and physical address. All such personal information shall be treated in accordance with Puttcard’s Privacy Policy, available here. You represent and warrant that any information You provide in connection with Your registration on the Service or Your participation in activities through the Service will be accurate and current in all respects, and that You will update such information as necessary in connection with Your continued access to and use of the Service. You are solely responsible for (a) maintaining the confidentiality of Your registration information and password, and (b) any activity that occurs under Your username and password. Without limiting the foregoing, You agree not to misuse Your username or password, misrepresent Your identity or Your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Site Content to which You are provided access through the Service or which You post on or upload to the Service. Please notify us at support@puttcard.com (subject line: “Account Security Breach”) as soon as You know of, or suspect, any unauthorized use of Your account.

  4. User Playing History When You register as a Registered Member of the Service, Your playing history on a Course (“Playing History”) will be automatically captured and stored by the Service for Your use. You retain sole ownership of Your Playing History. You may at any time publish or share Your Playing History on the Service or through other means and media. You may also edit Your Playing History at any time. Puttcard will not provide Your Playing History to any third party without Your prior authorization except where required by law, regulation or judicial process, where necessary to protect Puttcard’s rights or the rights of third parties, in conjunction with a merger, acquisition or similar event, or in order to provide you with certain features of the Service. Once You publish Your Playing History on the Service, it becomes publicly available and may be republished, viewed or used for other purposes, in each case as permitted by law, by Puttcard, visitors to the Service, or any third party.

Puttcard will use commercially reasonable efforts to accurately collect, store, secure and maintain Your Playing History. However, You understand and agree that Puttcard does not warrant or represent that Your Playing History will be accurately, completely or securely collected or stored, that all revisions You make to the same will be accurately or completed processed or maintained, or that You will have uninterrupted access to Your Viewer History. In addition, Puttcard reserves the right to permanently delete Your Playing History if Your account on the Service is inactive for more than one (1) month.

  1. User Reviews, Comments and Other Material Registered Members may have an opportunity to publish, transmit, submit or otherwise post on or to the Service (collectively, “Post”) reviews, comments or other materials. You must own or have the legal right to Post Your User Material. By Posting User Material, You represent and warrant that:

You have the legal right to Post such User Material; Neither Your User Material nor the use thereof infringes, misappropriates or violates any right of any third party; Your User Material will not be defamatory or libelous; and You grant Puttcard and other Service users a license to publish, display, transmit, sublicense and distribute Your User Material as provided below, in each case without the requirement that You, Puttcard or any third party pay any fees, expenses or other costs with respect to such Post or license grant.

In order to keep the Service enjoyable for all of our users, we encourage You to be selective in the User Material You Post and to limit Your Posts to User Material that relates to the Site Content and the Service. Remember that the Service is accessible to the general public. Accordingly, You should be very careful if You decide to Post personally identifiable information, such as Your full name, email address, telephone number or street address.

You are also prohibited from Posting User Material that includes or consists of:

Profanity, obscenities, or the use of asterisks or other “masking” characters to disguise such words; Hate language or obscene, lewd, slanderous, pornographic, abusive, violent, threatening or harassing language of any kind; Impersonating or purporting to represent other people or entities, or falsely attributing User Material to other persons or entities; Opinions or comments that attack or disparage individuals, companies or their products or services; Other offensive or discriminatory content; Advertising of any kind, including, without limitation, the advertising or promotion of other companies or URLs; or Advanced fonts, javascript or other scripts or programming code, tables, html, or other programming codes or commands. Puttcard does not endorse any User Material, and User Material does not reflect the opinions or policies of Puttcard. In no event does Puttcard assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Puttcard with respect to such User Material. Puttcard has no obligation to monitor User Material but reserves the right, in its sole discretion, to (a) terminate the account of and ban from Service participation users who violate these User Terms or who in any way abuse the purpose of the Service, and (b) remove any User Material for any reason. Notwithstanding the foregoing, a failure by Puttcard to impose any penalty for violations of these User Terms or to remove any impermissible User Material shall not be deemed a waiver of any such violation and Puttcard shall have no liability to You or any third party for its failure to enforce these User Terms in each or any instance.

You retain all ownership rights in Your User Material and Puttcard does not claim any such rights. However, by Posting Your User Material on or through the Service, You hereby expressly (a) grant Puttcard a non-exclusive, transferable, sublicensable, worldwide, royalty-free, fully paid-up, perpetual, irrevocable license to use, display, reproduce, transmit, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, publish and otherwise exploit such User Material, in any media formats and any media channels now known or hereinafter created, for any purpose whatsoever, and (b) waive any and all rights You may have, now or in the future, to assert any rights, actions, accountings or other claims against Puttcard for compensation or damages of any kind based on Puttcard’s use of Your User Material, including any commercial exploitation it may make of the same. By Posting Your User Material, You also hereby grant each user of the Service a non-exclusive, limited license to access Your User Material through the Service, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Service and under these User Terms.

  1. Premium Membership Fees, Payment Terms and Refund Policy Only Premium Memberships are fee-bearing. Premium Membership entitles You to access a broader range of Site Content with fewer or no advertisements, depending on the level of membership. Premium Memberships are offered on a subscription basis and are subject to all of the terms and conditions of these User Terms. The subscription fee schedule is published on the Service here. Your Premium Membership subscription will be renewed automatically for the same term as your initial subscription, unless You cancel your Premium Membership prior to the expiration of Your then-current subscription term. For more information on how you can cancel your Premium Membership subscription, read the FAQ.

When You register as a Premium Member, You authorize Your credit card to be charged for the first subscription term and for each renewal subscription term. Premium Membership fees are stated exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties which will appear as separate line items on Your invoice or registration page. Restrictions apply to promotional discounts, and promotions are subject to change during and after the promo. Promotions applied during Premium subscription may not be combined with other offers, and are noted as limited time offers, due to expire after 12 months of subscription, unless otherwise stated. After 12 months, prices revert to the standard subscription fee, as indicated here. A third party processor handles all Premium Membership purchase transactions. This means that (a) all credit card and payment information You provide is delivered directly to the third party processor, and (b) the third party processor is responsible for accurate processing of the transaction and appropriate storage and protection of Your personal information, including Your personal financial information. Puttcard does not receive, store or handle Your personal financial information. Without limiting the foregoing, You understand and agree that Puttcard is not liable for any error in invoicing or payment processing, or any breach in security with respect to Your payment information, associated with the third party processor’s management of the purchase transaction.

Puttcard may modify the terms of Premium Membership plans upon thirty (30) days prior written notice. The notice will be provided either by posting the information on the Service or by sending You an email to the email address You provided in connection with Your registration. Any such modifications, to the extent they impact pricing or materially reduce the scope of the Premium Membership offering, will be effective only as of the commencement of the next renewal term of Your subscription.

In addition, Puttcard reserves the right, in its discretion, to terminate Your subscription at any time. If Puttcard does terminate Your account, without reasonable cause, then Puttcard will refund to You, as Your sole and exclusive remedy for any such termination and as Puttcard’s sole and exclusive liability for the same, the pro-rata portion of the subscription fee for the balance of Your then-current subscription term.

Subject to the foregoing, Premium Membership subscription fees are not refundable, in whole or in part, for any reason including for periods of inactivity or service outages, or partially used periods. Notwithstanding the foregoing, Puttcard does reserve the right to terminate your subscription at any time in its discretion.

If You have any questions about billing, please contact us by email at support@puttcard.com.

  1. Links from the Service; Advertisements on the Service Puttcard may provide links or pointers to the websites, services and software of certain third parties. If You link to any of these third party websites, services or software, these User Terms and Puttcard’s Privacy Policy will not apply to Your use of those websites, services or software. We encourage You to read the legal notices posted on those websites and/or provided in connection with the third party products and services, including their privacy policies. Puttcard shall have no responsibility or liability for Your experience with, and the data collection and use practices of, such third party websites, services and software. All inquiries concerning the privacy policies and terms of use of any third party website, service or software provider should be communicated to that third party.

In addition, Puttcard makes no representation as to the quality, performance or content of (a) any such third party websites, services or software, or (b) any third party advertisements displayed on or through the Service. You acknowledge and agree that any access or use that You make of the same is at Your own risk and Puttcard has no responsibility or liability for damages or other costs, expenses or claims, of any kind and based on any theory of law or equity, including negligence, arising out of such access or use. Nothing in the fact that Puttcard provides links or pointers to any third party website, service or software, or allows You to access such websites, services or software from the Service, should be construed as an endorsement or representation by Puttcard with respect to such websites, services or software. Likewise, nothing in the fact that Puttcard displays third party advertising on the Service should be construed as an endorsement or representation by Puttcard with respect to the third party advertiser or the advertised products or services.

  1. Copyright Protection If You believe that any User Materials or other Site Content violates Your or a third party’s copyright, You may submit a notification by following the rules of the Digital Millennium Copyright Act, which require that you notify our designated copyright agent by email to support@Puttcard.com, with the following information:

Your electronic or physical signature; sufficient information to identify the copyrighted work that You claim has been infringed; a description of the infringing content and the location on the Service of such infringing content; Your name, address, telephone number and/or email address so that we may contact You; the following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright or trademark owner, its agent or the law”; and the following statement: “I swear, under penalty of perjury, that the above information in this notification is accurate and that I am, or am authorized to act on behalf of, the owner of the exclusive right that is allegedly infringed.” If Puttcard receives a valid counter notification complying with the provisions of Section 512(g) of the U.S. Copyright Act to the effect that the allegedly infringing Site Content was removed as a result of mistake or misidentification, the Site Content may be reinstated. Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

  1. LIMITATION ON LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT AND UNDER NO THEORY OF LAW, CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL PUTTCARD, ITS PARENTS, AFFILIATES OR BUSINESS PARTNERS, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, VENDORS, LICENSORS, AGENTS OR REPRESENTATIVES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DAMAGE TO REPUTATION, OR LOSS OR DAMAGE TO DATA, SOFTWARE OR EQUIPMENT, IN EACH CASE TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE SERVICE (INCLUDING YOUR VIOLATION OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF THE SERVICE), EVEN IF SUCH DAMAGES WERE FORESEEABLE BY PUTTCARD. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.

  2. Export Controls The accessing and transmission of any technical data, including software, in connection with Your use of the Service are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission and accessing of any such technical data from the United States or the country in which You reside.

  3. Choice of Law; Dispute Resolution. These User Terms are governed by and shall be construed in accordance with the laws in effect in the Commonwealth of Pennsylvania without giving effect to its conflicts of law principles. By accessing or using the Service, You are agreeing to submit all disputes or claims You may have with respect to the Service to the exclusive jurisdiction of the federal or state courts located in Montgomery County, Pennsylvania, and You hereby agree to the personal jurisdiction of such courts and waive all objections to venue therein.

  4. Contract Construction If any provision of these User Terms is unlawful, void or unenforceable, that provision is deemed severable from these User Terms and does not affect the validity and enforceability of any remaining provisions which shall remain in full force and effect. To be effective, any waiver of a provision in these User Terms must be in writing and signed by the party against whom it is to be enforced. Any written waiver shall only be effective with respect to the specific incident and provision covered by the waiver, and shall not waive any subsequent violations of these User Terms. The word “including” shall be construed non-exclusively to mean “including but not limited to.”

  5. Complete Agreement These User Terms constitute the entire legal agreement between You and Puttcard with respect to Your use of the Service. These User Terms replace and supersede any prior agreements, representations or understandings between You and Puttcard, including any prior versions of these User Terms. Only Puttcard may amend or modify these User Terms and it may do so at any time. Any such amendments or modifications shall be effective upon posting the new User Terms on the Service. Your use of the Service after the new User Terms are posted will constitute Your acceptance of, and agreement to be bound by, the updated version of the User Terms. Therefore, it is important that You review the User Terms page regularly to ensure You are familiar with the most current User Terms.

Created: March 8, 2016