Terms of Service

1. The Service

Power Level Golf provides an online service through its website at https://www.powerlevelgolf.com and mobile software application known as "Power Level Golf" (the "App"). Power Level Golf is a golf application that provides users with features including, but not limited to, live scoring for golf rounds, statistical tracking, event management, in-app chat messaging, and a tool for the informal tracking of personal wagers between users.

2. Changes to the Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes. By continuing to use the Service after those changes become effective, you agree to be bound by the revised Terms.

3. Access to the Service

Subject to and conditioned upon your compliance with the terms and conditions of these Terms, Power Level Golf hereby grants to you a personal, revocable, limited, non-transferable, non-exclusive right to access and use the Service solely for your personal, non-commercial use. Power Level Golf may suspend or terminate your access to the Service or any component thereof at any time and for any reason, including if Power Level Golf determines you have violated any term or condition of these Terms. We may modify, terminate, or replace the App, the Site, and/or the Service from time to time in our sole discretion and without prior notice to you.

4. Subscriptions and Payments

Subscription Plans: Certain features of the Service may be available only through the purchase of a subscription ("Subscription"). We may offer different subscription tiers (e.g., monthly, annually).

Billing and Automatic Renewal: Your Subscription will automatically renew at the end of each billing cycle unless you cancel it. You authorize us (or our third-party payment processors like Apple or Google) to charge your payment method for the renewal term.

Cancellation: You can cancel your Subscription at any time through the App Store (for iOS) or Google Play Store (for Android) or through your account settings. The cancellation will take effect at the end of the current billing cycle.

Price Changes: We reserve the right to change our subscription fees. We will provide you with reasonable prior notice of any price changes.

No Refunds: Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law.

5. User Responsibilities

Your Content: You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account.

Acceptable Use: You agree not to use the Service to:

• Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Violate any applicable local, state, national, or international law.
• Impersonate any person or entity.
• Transmit spam or any other form of unsolicited communication.

We reserve the right, but not the obligation, to monitor and remove any User Content and to terminate accounts that violate these rules.

6. Wagering

For Entertainment Purposes Only: The wager tracking feature is provided strictly as a tool for users to informally track friendly, personal wagers. It is intended for entertainment and scorekeeping purposes only.

No Real-Money Gambling: The Service DOES NOT facilitate, transact, or participate in any form of real-money gambling. We are not a gambling operator. No money is exchanged, held, or transferred through the App in connection with any wager. The settlement of any wager is the sole responsibility of the users, conducted entirely outside of the Service.

Legal Compliance is Your Responsibility: You are solely responsible for ensuring that your use of the Wagering complies with all applicable federal, state, and local laws regarding gambling and wagering in your jurisdiction.

Indemnification: You agree to indemnify, defend, and hold harmless Power Level Golf and its affiliates from any and all claims, liabilities, damages, and costs (including attorneys' fees) arising from your use of the Wagering in violation of any applicable law.

7. Data, Scripts, and Intellectual Property

a. Data Usage: You agree not to collect, use, or extract data from our website for any commercial or non-commercial purpose without our prior written consent.

b. Scripts and Code: You are prohibited from uploading, posting, or transmitting any scripts or code that may disrupt, damage, or interfere with the functionality of our website.

c. Intellectual Property Protection: All content on this website, unless otherwise stated, is the property of Power Level Golf and is protected by intellectual property laws. All scripts, code, proprietary algorithms, and intellectual property on this website are owned by Power Level Golf. You may not reproduce, distribute, or create derivative works without our explicit permission.

8. Prohibited Activities

You agree not to engage in any activities that:

• a. Violate any laws or regulations.
• b. Infringe on the intellectual property rights of others.
• c. Harm, harass, or interfere with the operation of our website.

9. Compliance with Laws

You must comply with all applicable laws and regulations in your use of our website, including but not limited to data protection and privacy laws.

10. Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Power Level Golf and its affiliates and subsidiaries and its and their respective directors, officers, shareholders, employees, representatives, business associates, suppliers and agents ("Indemnified Parties"), against any claim, suit, action or other proceeding brought against any Indemnified Party arising out of any Submitted Materials that you provide, your use of the Service, your connection to the Service, your violation of these Terms of Service or applicable law, or your violation of any rights of a third party. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. In connection with any such claim, Power Level Golf reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Power Level Golf's defense of such claim.

11. Disclaimer of Warranties

THE APP, THE SITE, AND THE SERVICE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND POWER LEVEL GOLF HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. NEITHER POWER LEVEL GOLF NOR ANY PERSON ASSOCIATED WITH POWER LEVEL GOLF MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP, THE SITE, OR THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER POWER LEVEL GOLF NOR ANYONE ASSOCIATED WITH POWER LEVEL GOLF REPRESENTS OR WARRANTS THAT THE APP, THE SITE, OR THE SERVICE, OR ANY RESULTS GENERATED THEREFROM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP, THE SITE, OR THE SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP, THE SITE, OR THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. POWER LEVEL GOLF MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE APP, THE SITE, OR THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY PARTICIPANT CONTENT, USER MESSAGING, OR SERVICE CONTENT) WILL BE TRUE, COMPLETE, ACCURATE, OR RELIABLE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF, RELIANCE ON, AND/OR EVALUATION OF SUCH CONTENT. POWER LEVEL GOLF FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, THE ACTIONS OF OTHER USERS OF THE SERVICE OR ANY THIRD PARTY SERVICE (INCLUDING, WITHOUT LIMITATION, PAYMENT PROCESSING SERVICES). AS BETWEEN YOU AND POWER LEVEL GOLF, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF, INTERPRETATION OF, AND RELIANCE ON THE APP, THE SITE, AND THE SERVICE, AND ALL CONTENT AND RESULTS GENERATED THEREBY OR AVAILABLE THERETHROUGH. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT ANY WAGER IN WHICH YOU PARTICIPATE OR ANY USE YOU MAKE OF THE SERVICE COMPLIES WITH APPLICABLE LAW. POWER LEVEL GOLF WILL NOT HAVE ANY RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY WAGER IN WHICH YOU PARTICIPATE OR ANY USE YOU MAKE OF THE SERVICE IN VIOLATION OF APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE GAME OF GOLF MAY INVOLVE RIGOROUS PHYSICAL EXERCISE AND ACTIVITY THAT CARRIES A RISK OF, AND COULD RESULT IN, INJURY TO YOU. AS BETWEEN YOU AND POWER LEVEL GOLF, YOU ARE SOLELY AND COMPLETELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF THE GAME OF GOLF TO YOUR PHYSICAL CAPABILITIES. YOU ACKNOWLEDGE THAT, IF YOU ELECT TO PLAY THE GAME OF GOLF, INCLUDING IN CONNECTION WITH ANY EVENT OR WAGER MANAGED OR FACILITATED BY THE SERVICE, YOU DO SO VOLUNTARILY AND WITH KNOWLEDGE OF THE RISK INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS RELATED TO THE GAME OF GOLF, INCLUDING IN CONNECTION WITH ANY EVENT OR WAGER MANAGED OR FACILITATED BY THE SERVICE.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL POWER LEVEL GOLF OR ITS AFFILIATES AND SUBSIDIARIES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, BUSINESS ASSOCIATES, SUPPLIERS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES, UNDER ANY THEORY OF LAW (INCLUDING, WITHOUT LIMITATION, CONTRACT OR IN TORT) ARISING IN ANY WAY OUT OF YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICE, OR THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE, EVEN IF POWER LEVEL GOLF IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL POWER LEVEL GOLF'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.

13. Dispute Resolution

You agree that any dispute arising out of these Terms shall be resolved through binding arbitration in Chatham County, Georgia, rather than in court. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.