Terms of Use

Welcome to PocketPAR, which is operated by PAR Labs, LLC (“PAR Labs”, “we”, “us” or “our”). Please read these Terms of Service (“Agreement”) carefully, as it constitutes legally binding terms and conditions and applies to your use (“Users”) of (a) www.parlabsgolf.com and all corresponding subdomains, web pages and websites associated with the foregoing URL (the “Site”), (b) the PocketPAR app and PocketPARdb app, which may be made available on the iOS operating system and (c) any other content, applications, systems, features, functionality, software, information, products and services offered by us, including, without limitation, application/device-based features and related technology (e.g., mobile, web, console, desktop, device and other apps, browser-enabled portals, websites, etc.) (collectively (i.e., the subsections (a), (b) and (c) above), the “Services”). This Agreement applies whether you are accessing the Services via a personal computer, a wireless or mobile device or any other technology or device (each, a “Device”). This Agreement does not cover other services, platforms, applications, websites or any corresponding content, features, programs, promotions or activities made available by any other company, person or entity, unless specifically stated.


Changes to Terms

PAR Labs may update this Agreement from time to time. PAR Labs expressly reserves the right to make any changes to this Agreement and Services and its content at any time without prior notice to you. All such updates and changes are effective immediately upon posting a revised version of this Agreement and Services. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of the Services signifies your continuing consent to be bound by the terms of this Agreement as it currently exists and as it is revised. If any change to this Agreement is not acceptable to you, your only remedy is to stop accessing and using the Services.


Access and Registration

In consideration of your use of the Services, you represent that you are of legal age to form a binding contract; you agree that all information that you provide to PAR Labs in connection with your access to and use of the Services (including, but not limited to, all information that you provide in the registration process) is true, accurate and complete; and that you will maintain and routinely update such information to keep it true, accurate and complete at all times.

You are fully and solely responsible for all activities that occur under your account. You agree to immediately notify PAR Labs of any unauthorized use of your registration. You agree that PAR Labs cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

PAR Labs makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access to the Services are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Please remember that the Services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Services areas and/or content are appropriate for your child.

We reserve the right to terminate this Agreement and to refuse, restrict or discontinue Services or access to the Services, or any portion or features of the Services, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of your use of the Services in the event that any information provided by you in the registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and conditions of this Agreement or other agreement that you have with us. Our Services are not available to any temporarily or indefinitely suspended PAR Labs users. Additional eligibility requirements for a particular event may be set by the organizer of the event (an "Organizer").


User Submissions, Content and License to Use

PAR Labs will provide interactive areas in the Services and allow users to post to social media Applications, including, but not limited to Facebook and Twitter, (“Social Media Applications”) in which users may transmit or post communications and upload items. You understand that all information (including your member name or user name), data, gps points, golf scores, golf rounds, golf data and related statistics, course information, course gps points, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person who posted or transmitted the Content. This means that you, and not PAR Labs, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. PAR Labs does not control the Content posted via the Services or Social Media Applications and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PAR Labs be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any 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 Services.

PAR Labs does not claim ownership of any Content submitted, posted or transmitted by you on the Services or Social Media Applications. However, by submitting, posting or transmitting any Content to the Services or Social Media Applications, you grant PAR Labs a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content.


Use of Service

Subject only to the limited right to access and use the Services expressly granted to you under this Agreement, all rights, title and interest in and to the Services and its components shall remain with and belong exclusively to PAR Labs. You shall not modify, adapt, reverse engineer or hack the Services or falsely imply any association with PAR Labs, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. Except as expressly authorized by PAR Labs in writing, in no event shall you reproduce, duplicate, reverse engineer, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content or the Services.

By way of example and not limitation, you agree that you shall not and you shall not use the Services to:

  • intentionally or unintentionally violate any local, state, federal or international law, rule or regulation;
  • harm, stalk, harass or intimidate another person, or any minors, in any way;
  • upload, post, transmit, sell or otherwise make available any content, product or service that is unlawful, illegal, stolen, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
  • falsely state or otherwise misrepresent your affiliation with a person or entity or impersonate any person or entity;
  • upload, post, transmit, sell or otherwise make available any content, product or service that you do not have a lawful, legal right to make available or sell;
  • transmit unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam,” “junk mail” and “chain letters”);
  • make available any content, product or service that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • access content, data, product or services not intended for you, or log onto a server or account that you are not authorized to access;
  • collect, store or sell personal data about other users
  • attempt to probe, scan or test the vulnerability of the Services or any associated system or network; breach security or authentication measures without proper authorization; interfere with or disrupt the Service or servers or networks connected to the; or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by PAR Labs or used by PAR Labs in providing the Service
  • upload any viruses, Trojan horses, worms, time bombs, malware, bots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • create liability for PAR Labs or cause PAR Labs to lose (in whole or in part) the services of our ISPs or other suppliers
  • link directly or indirectly to any materials to which you do not have a right to link to or include.

PAR Labs reserves the right to delete from the Services any Content, postings or member names that violate this Agreement and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators, up to and including complete and immediate termination of your registration and/or accounts with PAR Labs. You acknowledge that PAR Labs may or may not pre-screen Content, but that PAR Labs and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, PAR Labs and its agents shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.


Consents

Before continuing to access and use the Services, you must obtain all required consents and approvals from any third parties who may be affected by, or may need to consent to, your access to, posting to and use of the Services, whether such consents and approvals are required by this Agreement, law or otherwise.


Messages

PAR Labs may, from time to time, send e-mail, notification messages and social media feeds (“Messages”) to you containing event updates, announcements, advertisements, promotions, etc. PAR Labs makes no representation or warranty with respect to the content of any such Messages or any events, goods or services which may be obtained from or provided by such third parties, and you agree that PAR Labs shall have no liability with respect thereto. You further agree to receive certain periodic communications from PAR Labs such as newsletters, messages, and announcements, and that these communications are considered part of your access to the Services and that you may not be able to opt out of receiving such communications in every instance.


Privacy Policy

Information that you provide or that we collect about you through your access to and use of the Services is subject to our Privacy Policy, the terms of which are hereby incorporated into this Agreement by reference. We encourage you to read and become familiar with our privacy practices. To review our Privacy Policy, please click here.


You acknowledge and agree that PAR Labs may disclose your account information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: comply with a judicial proceeding, a court order or legal process; enforce this Agreement; respond to claims that you violated the rights of third parties; protect the rights, property or personal safety of PAR Labs, its employees, users and the public; or enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. PAR Labs also may disclose any information about you to law enforcement or other government officials as PAR Labs, in its sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other illegal activity or that PAR Labs believes may expose it or you to legal liability.


Fees and Payments

Access to the Services and use of selected features of the Services is free. PAR Labs may charge fees for various premium features and services, and will notify you of those charges at the time that it offers you the premium features or services for a fee. PAR Labs may, in its sole discretion, and by notifying you via the Services, change this policy and begin charging for access to the Services and other features and services, and may, at any time, add, remove or change the features and services or the fees (including the amount or the type of fees). If PAR Labs introduces a new service or charges a new fee, PAR Labs will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If PAR Labs notifies you of new fees or changes the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. PAR Labs is not responsible for any charges or expenses you incur resulting from being billed in accordance with this Agreement.


Archive, Cancellation and Termination

You are responsible for properly canceling your account. You can cancel your Services through your Apple account. There are no other means of canceling your account.

PAR Labs reserves the right to (i) modify or discontinue, temporarily or permanently, the Services (or any part thereof) and (ii) refuse any and all current and future use of the Services, suspend or terminate your account or use of the Services for any reason, including if PAR Labs believes that you have violated this Agreement. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Services may be referred to appropriate law enforcement authorities and you release PAR Labs from any and all liability stemming from such reporting and cooperating with local, state, federal and international law enforcement officials. Under no circumstances shall PAR Labs be liable to you or any third party for any modification, suspension or discontinuation of the Services.


Maintenance

PAR Labs may, from time to time, need to interrupt the Services for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions. PAR Labs shall not be liable to you or any third party for any interruption of Services for any reason, and you hereby release and agree to defend, indemnify and hold harmless PAR Labs from and against any and all claims, costs (including attorney’s fees), injuries, losses or damages arising in connection with such interruption.


Proprietary Content

PAR Labs respects the intellectual property rights of others and expects you to do the same. PAR Labs has expended substantial time, effort and resources to create the Services and to develop and provide the technology, products and Services. You understand and agree that PAR Labs owns or (where required, appropriate or applicable) has licensed from third parties the rights to use all right, title and interest in and to the Services, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the “Application Content”). You acknowledge that the Application Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you acquire no ownership interest by accessing and using the Services and the Application Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, common law and registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of PAR Labs and its licensors.


Compliance with Law

In connection with your access to and use of the Services and that of any person authorized by you to use the Services, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. These assurances and commitments by you shall survive termination of this Agreement.


Disclaimer

Although PAR Labs strives to make the Services helpful, reliable and current, you understand that your access to and use of the Services is at your own initiative and risk. It is your responsibility to take precautions to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through the Services are: (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which you, or your Organization, may desire to use them; and (ii) free of viruses and other destructive routines. ALL CONENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. PAR LABS DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. PAR LABS DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS APPLICATION AND THE MATERIALS, CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS APPLICATION ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR ORGANIZATION, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APPLICATION AND THE MATERIALS, CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS APPLICATION ARE FREE OF VIRUSES, TROJAN SOFTWARE, HACKER ACTIVITY OR OTHER HARMFUL COMPONENTS.


Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL PAR LABS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES ARE COLLECTIVELY, THE “PAR LABS ASSOCIATES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST, LOSS, LIABILITY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, GOODWILL, OR OTHER INTANGIBLE LOSS (EVEN IF PAR LABS ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) ARISING FROM OR IN CONNECTION WITH THE SERVICES, THIS AGREEMENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES, THE INABILITY TO USE THE SERVICES, IN CONNECTION WITH ANY THIRD PARTY TRANSACTIONS OR ARISING OUT OF OR IN CONNECTION WITH YOUR TRANSPORTATION, ATTENDANCE, PARTICIPATION OR EXCLUSION FROM ANY SPORTING EVENT ORGANIZED THROUGH THE SERVICES. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE PAR LABS ASSOCIATES SHALL BE LIMITED IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT PAR LABS ASSOCIATES MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL BE LIMITED OT THE GREATER OF THE AMOUNT OF FEES, IF ANY, YOU PAY PAR LABS IN THE PREVIOUS 12 MONTHS OR $100.


Indemnification

You hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold all of the PAR Labs Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), whether under contract, warranty, tort (including negligence, strict liability, product liability or other theory) relating to any claim you may now or later have due to or arising out of your access to and use of the Content, the Services, Social Media Applications, your violation of this Agreement, the Privacy Policy or any violation of any rights of another, including infringement of the intellectual property rights of PAR Labs or third parties. PAR Labs reserves, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.


Miscellaneous

This Agreement and the PAR Labs Privacy Policy referenced herein (as each may be revised and amended from time to time), constitute the entire agreement with respect to your access to and use of the Services. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of PAR Labs’ copy of this Agreement in a court in connection with any proceeding arising out of this Agreement. This Agreement does not confer any rights, remedies or benefits upon any person other than you and PAR Labs. PAR Labs may assign its rights and duties under this Agreement at any time to any party without notice. You may not assign this Agreement without the prior written consent of PAR Labs. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision of this Agreement and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall not be construed to make you and PAR Labs a partner, agent or joint venture of each other.


The Services were created and presently maintained, located and controlled by PAR Labs in the State of Texas. This Agreement shall be governed by and construed under the law of the State of Texas, without regard to conflicts of law principles or rules thereof. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Brazoria County in the State of Texas for the purpose of resolving any dispute relating to this Agreement, your access to or use of the Services. Any legal action arising out of or related to this Agreement and your access to and use of the Services must be commenced within one year after the cause of action arose or it will be forever barred.