The terms of use set forth herein (the “Terms of Use”) apply to this website, including the related websites contained or linked to this website, and Blue Jeans Golf’s mobile application (collectively, the “site”). Please read the Terms of Use carefully before using the site.
YOUR ACCEPTANCE OF THE TERMS OF USE
By using the site you are agreeing to comply with and be bound by the Terms of Use, as amended from time to time, with or without notice to you. If you do not agree to the Terms of Use, please do not use the site. Blue Jeans Golf Inc. and its affiliates (“our” or “we” or “us”) reserve the right, in our sole discretion, to change, modify, add or remove portions of the Terms of Use at any time. Therefore, we suggest that you review the Terms of Use periodically for changes. By using the site after we have posted changes to the Terms of Use, you are agreeing to accept the terms as amended.
YOUR ACCEPTANCE OF THE PRIVACY POLICY
By agreeing to the Terms of Use, you agree to the terms of the Privacy Policy which is expressly incorporated herein. Before using the site, please carefully review the Privacy Policy. All personal information provided to us as a result of your use of the site will be handled in accordance with the Privacy Policy. To the extent there are inconsistencies between the Terms of Use and the Privacy Policy, the Terms of Use control.
OWNERSHIP OF THE SITE AND ITS CONTENT
The site, and all information, materials and other content, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the site are copyrights, trademarks, service marks, trade names, trade dress or other intellectual property owned, controlled or licensed by Blue Jeans Golf. The site and all such content are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries.
The presence of any content on the site does not constitute a waiver of any right in such content. You do not acquire ownership rights to any content viewed through the site. Except as otherwise provided herein, no content on the site may be copied, reproduced, republished, uploaded, downloaded, modified, posted, framed, transmitted, distributed or sold in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without obtaining in advance written permission from Blue Jeans Golf or Blue Jeans Golf’s licensors. You may lawfully access and use the site to view, copy, download, or print content on the site solely for your personal, noncommercial use, provided that you do not modify the content and that you retain any and all copyright and other proprietary notices contained in the content.
TRADEMARKS
Blue Jeans Golf’s name and logo are trademarks (whether registered or not), service marks and/or trade dress of Blue Jeans Golf, and all other trademarks, service marks, trade names, logos, product and service names, graphics and button icons appearing on the site are trademarks (whether registered or not), service marks and/or trade dress of Blue Jeans Golf and/or others. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, service mark, trade dress or logo displayed on the site, which use by you without the written permission of Blue Jeans Golf or such other third party who may own such trademark, service mark, trade dress or logo is strictly prohibited. Any unauthorized use of any trademark, service mark, trade dress or logo displayed on the site may violate, among other things, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information, materials, other content or software from the site, you agree that you will not copy it or remove or obscure any copyright or other proprietary notices contained in any such information, materials, other content or software.
USER ACCOUNTS
If you create an account through the site, you agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You may not use the contact information of another person, including address, telephone numbers and e-mail addresses, to create an account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below.
LAWFUL USE OF THE SITE
You agree to use the site only for lawful purposes and in accordance with any and all applicable rules, regulations and any applicable local, state, national or other law. You further agree that your communications with or through the site will not infringe on the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to upload or transmit through the site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of computer software or hardware or telecommunication equipment. Any unauthorized modification, tampering or change of any information or any interference with the availability of or access to the site is strictly prohibited. We reserve all rights and remedies available to us.
CHILDREN’S PRIVACY
This site is directed to persons who are at least thirteen (13) years of age. By accessing the site and disclosing personally identifiable information, you represent that you are at least 13 years of age. We do not knowingly collect, use and/or disclose any personally identifiable information on this site from children under the age of thirteen years. For more information regarding how to protect the privacy of your child, please view our Privacy Policy.
DISCLAIMER OF WARRANTY
BLUE JEANS GOLF AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITE. THE SITE AND ITS CONTENT (INCLUDING USER-GENERATED CONTENT, IF ANY) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUE JEANS GOLF AND ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLUE JEANS GOLF AND ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (I) RELATING TO THE SECURITY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THAT THE SITE WILL OPERATE SECURELY, FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES), AND/OR WITHOUT INTERRUPTION OR ERROR AND (II) THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BLUE JEANS GOLF, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE INFORMATION, MATERIALS AND OTHER CONTENT IN OR ACCESSIBLE THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO, THE FOREGOING, YOU ACKNOWLEDGE THAT NO FEES ARE PAID TO BLUE JEANS GOLF FOR THE USE OF THE SITE, AND ACCORDINGLY, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF BLUE JEANS GOLF, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE ONE HUNDRED DOLLARS ($100.00USD) FOR ACCESSING OR USING THE SITE AND/OR THE INFORMATION, MATERIALS AND OTHER CONTENT IN OR ACCESSIBLE THROUGH THE SITE.
The applicable laws of certain jurisdictions may disallow or condition certain kinds of limitations or exclusions of liability. In such a case, the limitations and exclusions set out in the Terms of Use shall apply to the fullest extent permitted by the laws of the applicable jurisdictions. However, if any part of this Limitation of Liability IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Blue Jeans Golf, its affiliates and their OFFICERS, directors EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00USD).
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
USER GENERATED CONTENT
BLUE JEANS GOLF AND ITS AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED BLUE JEANS GOLF SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF BLUE JEANS GOLF. Blue Jeans Golf is not responsible for the accuracy, suitability or quality of any user-generated content. You are responsible for the content that you post. You may not post, upload or otherwise make available:
You are solely responsible for and can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate the Terms of Use, an obligation of confidentiality, or the rights of others. At the time you post any content, you represent to Blue Jeans Golf that such content does not violate or infringe on any rights of others (including, but not limited to, privacy or publicity rights, patent rights, copyrights, trademark rights or confidentiality rights) and does not contain defamatory or unlawful material. By using the site, you hereby grant to Blue Jeans Golf and its affiliates, successors and assigns, a nonexclusive, fully-paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose and commercialize any content you post.
Blue Jeans Golf reserves the right to remove or block any user-generated content at any time without notice in our sole discretion, and to disclose any user-generated content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Blue Jeans Golf or others, or to enforce the Terms of Use.
LINKS FROM AND TO THIRD-PARTY WEBSITES
The site may be linked from, any may provide links to, other websites operated by third parties. Any links from or to other websites are provided merely for the convenience of the users of the site and the inclusion of these links does not imply an endorsement, representation or warranty by Blue Jeans Golf with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. Blue Jeans Golf does not review or monitor any websites that are linked to the site and is not responsible for the content of any such linked websites. Your linking from or to such websites is at your sole risk. Accordingly, Blue Jeans Golf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. The Terms of Use do not apply to your use of third-party websites, and your use of such websites is subject to the terms and policies of the owner of such websites. In addition, you agree not to link any of your websites or any third-party website to the site without the express prior written consent of Blue Jeans Golf, and Blue Jeans Golf reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the site.
INDEMNITY
You release and agree to indemnify and hold Blue Jeans Golf, its affiliates and their respective officers, directors, employees and agents harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the site in violation of the Terms of Use, (ii) any breach of your representations, warranties and covenants set forth in the Terms of Use, (iii) any material that you post using the site, and/or (iv) the use of the site by any other person using your account. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
WAIVER
Blue Jeans Golf’s failure at any time to require performance of any provision of the Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Blue Jeans Golf or any of its affiliates of any right under or term or provision of the Terms of Use will be deemed a waiver of any other right, term or provision of the Terms of Use at that time or a waiver of that or any other right, term or provision of the Terms of Use at any other time.
SEVERABILITY
If any provision of the Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
GOVERNING LAW, JURISDICTION AND VENUE
The Terms of Use will be governed by and construed in accordance with the laws of the State of New York without regard to any conflict of law principles. You agree that any dispute or action at law or in equity arising out of or relating to the Terms of Use or your use of the site or its contents shall be commenced, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York, United States of America, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. However, we retain the right to bring an action in any jurisdiction where we believe that violation of the Terms of Use is taking place or originating.
ENTIRE AGREEMENT
The Terms of Use represent the entire agreement between Blue Jeans Golf, on the one hand, and you, on the other hand, relating to the subject matter hereof.
QUESTIONS
If you have any questions about the site or the Terms of Use, please contact us using the following information:
Golf Ranch
3570 Waterview Pkwy
Richardson, TX 75080
BLUE JEANS GOLF Inc., along with our subsidiaries (“Golf Ranch”, “our”, “we” or “us”), respect your concerns about privacy. The privacy policy set forth herein (the “Policy”) applies to this website, including the related websites contained or linked to this website, and BLUE JEANS GOLF mobile application (collectively, the “site”).
TERMS OF USE AND CONSENT
The Policy is part of the Terms of Use that govern your use of the site. By accessing the site, you consent to BLUE JEANS GOLF’s collection, storage, analysis, use, and disclosure of your information as set forth in the Policy.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of the Policy at any time. Therefore, we suggest that you review the Policy periodically for changes. By accessing the site after we have posted changes to the Policy, you are agreeing to accept the Policy as amended.
INFORMATION WE COLLECT
We collect, store and use certain personal information through the site. The types of personal information we may collect include:
In addition, when you visit the site, we may collect certain information by automated means, such as cookies, web beacons, and geolocation information. The information we collect in this manner includes, but is not limited to, IP addresses, browser characteristics, device characteristics, operating systems, language preferences, referring URLs, information on actions taken on the site, and the dates and times of visits to the site. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected devices to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag, or clear GIF, links websites to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain “clickstream data,” which is a log of content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the clicks may be collected and stored. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know. Your browser may notify you when you receive certain types of cookies or enable you to restrict or disable certain types of cookies; however, if you restrict or disable cookies you may not be able to use all of the features of the site.
If you use features of the site populated and/or operated by third-party social media platforms (such as Facebook, Twitter, and/or Instagram), we may receive information you have made available to those platforms, including geographic location and other information about you (such as name, e-mail address, gender, biographical information, photo(s), etc.) and your platform contacts. Some of these social media platforms allow you to push content from the site to your contacts or to pull information about your contacts to the site. Social media platforms may also facilitate your registration for the site or enhance or personalize your experience on the site. You should make sure you independently understand the privacy policies and information your third-party social media platforms may make available to the site. We may use and disclose the personal information we receive on the site through third-party social media platforms as described in the Policy.
From time to time, we may obtain e-mail addresses from third-party sources to be used for promotional e-mails. You may opt-out of receiving any messages from us in the future by either clicking on the Unsubscribe link in the e-mail or by contacting us as instructed in the How to Contact Us section of the Policy and requesting to opt-out of receiving BLUE JEANS GOLF communications.
OUR USE OF INFORMATION
We may use the information we obtain through the site to:
In addition, we may use information collected online through automated means, including, but not limited to cookies, local shared objects (also known as “Flash cookies”), and web beacons, for purposes such as (i) customizing our users’ visits to the site, (ii) delivering content (including advertising) tailored to our users’ interests and the manner in which our users browse the site, (iii) marketing, (iv) demographic research and (v) managing our business. We may supplement data we collect through automated means with information about your location (such as your zip code) to provide you with content that may be of interest to you. We also use this information to help diagnose technical and service problems, administer the site, identify users of the site, and gather demographic information about our users. We use clickstream data to determine how much time users spend on certain pages on the site, how users navigate through the site, and how we may tailor the site to better meet the needs of our users.
TEXT MESSAGES
You may send and receive text messages to and from BLUE JEANS GOLF if you are 13 years of age or older. By providing your mobile phone number to BLUE JEANS GOLF, you are representing that you are 13 years of age or older and that you consent to receive text messages, which may include automated marketing text messages, to the phone number provided from or on behalf of BLUE JEANS GOLF.
You may unsubscribe from receiving text messages from BLUE JEANS GOLF at any time by texting “STOP” to [598-88]. If you successfully unsubscribe, a text will be sent confirming your removal. BLUE JEANS GOLF reserves the right to remove any user at any time and for any reason. In addition, mobile texts may not be available from all mobile service providers, and BLUE JEANS GOLF is not liable for any delays in the receipt of any text messages or undelivered messages.
Although BLUE JEANS GOLF does not charge you for sending or receiving text messages, your mobile service provider’s message and data rates may apply. Any such charges are billed by and payable to your mobile service provider, not BLUE JEANS GOLF.
Data obtained from you in connection with text messaging may include your mobile phone number, your mobile service provider’s name, the date, time, and content of messages sent and received, and other information you provide to BLUE JEANS GOLF through text messages. We may use this information to contact you and to provide the services you request from us. Your information obtained by BLUE JEANS GOLF through text messages will not be shared with any third parties.
INTERNET-BASED ADVERTISING
On the site, we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. You may see certain advertisements on other websites based on your visits to the site because we participate in advertising networks administered by third-party vendors. Advertising networks allow us to target our messaging to users through demographic, interest-based, and contextual means. These advertising networks track your online activities over time by collecting information through automated means, including, but not limited to, the use of cookies and web beacons. The advertising networks use this information to show you advertisements that are tailored to your individual interests. The information our advertising network vendors collect includes information about your visits to websites that participate in the vendors’ advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on the site and on third-party websites that participate in the advertising networks. This process also helps us track the effectiveness of our marketing efforts.
INFORMATION WE SHARE
We do not sell or otherwise share personal information about you, except as described in the Policy. When you post a comment on the site, third-party social media platforms, or blogs, we may publish your name and/or user ID with your comment. We share personal information with third parties who perform services on our behalf based on our instructions. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also may share the personal information we obtain with our affiliates, franchisees, and joint marketing partners.
LEGAL MATTERS
We may disclose information you have provided to us if we have a good faith belief that such disclosure is necessary to: (i) comply with the law, government action, or legal process, (ii) protect and defend our rights or property, including, but not limited to, the site, or (iii) protect the personal safety or property of our users or the public. In the event of a change of control of BLUE JEANS GOLF Inc. or any of its subsidiaries (such as through a merger or sale of equity), or in the event of a direct or indirect sale of the site (or any portion thereof) through a sale of assets, liquidation or other transaction, any personal information of users of the affected portion of the site in our possession will be transferred to the new company as part of the transaction. We are not obligated to notify users of any such transaction. You may always change or delete your information by contacting us as instructed in the How To Contact Us section of the Policy, or if the acquirer posts a new privacy policy with new contact information, you may change or delete your information by following any new instructions that are posted.
YOUR OPTIONS
We offer you certain choices about how we communicate with you and what information we collect from you. To update your preferences or ask us to change or remove your information from our e-mail lists please, please contact us as instructed in the How To Contact Us section of the Policy.
NOTICE TO CALIFORNIA RESIDENTS
Subject to certain limits under California Civil Code § 1798.83, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (ii) the identity of those third parties. To make this request, California residents may contact us as instructed in the How to Contact Us section of the Policy.
California law requires the Policy to address how we respond to any “Do-Not-Track (‘DNT’) signal” delivered by your browser. Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.
LINKS FROM AND TO THIRD-PARTY WEBSITES
The site may be linked from and may provide links to, other websites operated by third parties. Any links from or to other websites are provided merely for the convenience of the users of the site. These third-party websites are operated by companies not affiliated with BLUE JEANS GOLF and may have their own privacy policies or notices, which we strongly suggest you review if you visit them. We do not accept and do disclaim, any responsibility for the privacy policies and information protection practices of any third-party website (whether or not such website is linked on or to the site). These links are provided to you for convenience purposes only, and you access them at your own risk.
HOW WE PROTECT PERSONAL INFORMATION
We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use. Notwithstanding the aforementioned protections, BLUE JEANS GOLF makes no representations, warranties, or conditions of any kind, express or implied, with respect thereto.
CHILDREN’S PRIVACY
This site is directed to persons who are at least thirteen (13) years of age. We do not knowingly collect, use and/or disclose any personally identifiable information on this site from children under the age of 13 years. If a parent or legal guardian is made aware that a child under the age of 13 has provided us with personally identifiable information through our site, we ask to be contacted as instructed in the How to Contact Us section of the Policy and we will delete that information from our records.
HOW TO CONTACT US
If you have any questions about the Policy, please contact us using the following information:
Golf Ranch
3750 Waterview Pkwy
Richardson, TX 75080
