End User Terms and Conditions

Last updated November 18, 2015

Welcome to OpenRounds.com. These End User Terms and Conditions govern your use of OpenRounds.com (the "Site") and the OpenRounds service (the "Service"). By clicking "Accept" you agree to abide by these End User Terms and Conditions and any modifications that may be made to the End User Terms and Conditions (collectively, the "Terms") from time to time; if at any time you do not agree to these Terms you should not use the Service, or visit or browse the Site.

These Terms constitute a binding legal agreement between you and OpenRounds, Inc. ("OpenRounds.com," “OpenRounds,” "we," "us," and "our"). Please read them carefully before accepting.

1. Modifications to Terms

OpenRounds reserves the right to change or modify any of the terms and conditions contained in these Terms, and any other OpenRounds terms, policies, or guidelines, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. If OpenRounds updates these Terms, it will update the "last updated" date above. You should frequently review these Terms and other applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

2. Copyright and Limited License

The Site and all information, data, and other content and materials available on the Site, including, without limitation, the OpenRounds logo and all designs, text, documents, graphics, software, videos, sound files, other files, and the selection and arrangement thereof (collectively, "Content"), are the proprietary property of OpenRounds and its suppliers and licensors and are protected by U.S. and international copyright laws. If you comply with all of the terms and conditions of these Terms, OpenRounds, grants you a revocable, non-transferable, and non-exclusive license to access the Site and to electronically copy (except where prohibited without a license) and print to hard copy portions of the Content for your informational, personal, and non-commercial purposes only. This license is revocable at any time. Except for those rights expressly granted in these Terms, no other rights are granted, either expressed or implied, to you under these Terms. Unless stated explicitly in these Terms, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

By accepting these Terms, you agree to not disclose the names of participating clubs or their courses on OpenRounds. This applies to any use outside of OpenRounds’ site, including but not limited to any and all forms of publishing, electronic communication, or other verbal or written disclosures. This requirement of non-disclosure is based on the members-only nature of the website, access to the site is not available to the public and information within it is treated as confidential. Any breach of this requirement will result in immediate suspension of your user account.

3. Registration Data; Account Security

You must register for and maintain an account to use the Service. You agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Site ("Registration Data"); (b) assist OpenRounds in verifying your club membership(s), if necessary; (c) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Site; and (d) maintain and promptly update the Registration Data, and any other information you provide to OpenRounds.com, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security. In some circumstances, in order to provide customer support, authorized OpenRounds administrators may need to access your account.

4. Fees and Payment Terms

It is free to set up your OpenRounds profile and make requests. When paying for your tee time on OpenRounds, user-to-user (user hosted rather than club hosted) bookings will incur a $15.00 booking charge for each individual golfer (booking OpenRounds member and any guests).

All confirmed tee time bookings require payment of green fee(s) (most including golf cart as well). The amount of the green fees is set by the course operator and cannot be negotiated. A green fee will be charged for each individual golfer (booking OpenRounds member and any guests). If an OpenRounds user directly hosts a tee time (rather than club hosted), green fees are expected to be charged to the host member’s club account, and OpenRounds will reimburse the host member for these fees (paid 2-3 weeks after the tee time).

If your payment has not been received a minimum of 48 hours in advance of the scheduled tee time, your tee time will be cancelled. In the case of accepted bookings made within 48 hours of the scheduled tee time, payment must be received a minimum of 24 hours in advance.

You acknowledge that the third party payment platform provider(s) we use to process payment hereunder may have their own terms and conditions. All fees are exclusive of credit card processing fees, applicable sales, excise, or use taxes. If OpenRounds does not receive payment from your credit card provider or the payment processor for any reason, you will pay all amounts due upon demand and OpenRounds may cancel your account. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution. OpenRounds reserves the right to change the fees, charges, and payment terms for any of its services, provided that in the event of any change OpenRounds shall notify you directly or via updated Terms and Conditions.

Request Limits:

Please be courteous when requesting tee times directly from other OpenRounds users or from participating clubs. While there is no hard-limit on the number of requests that can be sent, you may be blocked from making requests for a period of time if it is deemed that your request activity is unacceptable.

Tee Time Refunds:

Refunds for tee times may be given due to inclement weather or extenuating circumstances at the discretion of the club. The refund may take the form of a rain check. Unfortunately, third-party payment processing fees for cancelled tee times cannot be refunded.

5. User Obligations

You understand that the Service does not guarantee tee time availability. There may be no tee times available in a certain area or at a certain time. You may use the Service to browse for tee times that may be made available by participating clubs or you may request specific tee times from other users or from participating clubs. When making a tee time request, clubs will typically respond within 24-48 hours. Requests directly to other users may have more variability and it's possible that you may not hear back from another user. For these user-to-user requests, you must have certain information filled out in your profile, including, but not limited to: handicap index, zip code, and the information you filled out upon registration. Not all clubs offer the ability to request tee times and those that do may restrict access to tee times based on their specified criteria (e.g. golfer handicap, club affiliation, residence).

If you choose to invite non-OpenRounds members (i.e. "guests") to join you in your tee time booking (an option when requesting a tee time), it is your sole responsibility to ensure that any guests are aware of club-specific rules and etiquette, and comply accordingly.

By booking a tee time or scheduling a tee time with another user (whether you are the offering or accepting user), you:

  1. agree to comply with any club-specific identification requirements (examples of identification include proof of course membership (card or certificate), your GHIN card, your home course golf bag tag, letter of introduction and/or phone call from home course). You should always bring the necessary identification when playing at another club through OpenRounds in case you are asked to prove your membership. If you do not comply, the course may refuse to honor your tee time, and the entire green fee(s) for all rounds reserved and any pre-paid incidentals may be forfeited.
  2. agree to comply with any cancellation policies set forth by individual clubs. If you do not cancel your reservation in accordance with the course cancellation policy, the host country club may charge you for the entire green fee(s) for all rounds reserved, including any associated pre-paid incidentals.
  3. agree to follow all club-specific rules while playing rounds booked or scheduled through the Service.
  4. authorize OpenRounds to share your name, zip code, email address and contact phone number with the golf course at which you make each tee time.
  5. assume all risk and danger incidental to the game of golf, including specifically (but not exclusively) the danger of being injured by errant golf balls and clubs, and agree that OpenRounds, the participating clubs, and their employees are not liable for injuries resulting from such causes.
  6. acknowledge that a tee time scheduling request will be cancelled if the request is not confirmed within a certain period of time (at OpenRounds/club discretion).
  7. assume responsibility for any and all damages caused by you or your guests to the club that you are visiting.

During the term of this agreement, you will not arrange for, or in any way collude, directly or indirectly, with any participating club in OpenRounds, to play a participating club's golf course(s), other than through the Service; provided, however, that you may solicit information on and become a golf member of a participating club.

If access to OpenRounds’ site is granted, you are obligated to not disclose the names of participating clubs. See the Copyright and Limited License section of this agreement for further information.

6. Interactive Services

The Site may include interactive features and services, including social networking functionality, in which you may send messages to Site users, and create, post, or store profile data, and other Content on the Site ("Interactive Services"). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Site any of the following:

  • Material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
  • Material that violates, or that causes OpenRounds or its affiliates to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
  • Material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
  • Private or confidential information of any third-party (whether a person or entity), including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Site or with any other person or entity;
  • Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning;
  • Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
  • Material that, in the sole judgment of OpenRounds, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Site, or which may expose OpenRounds, the Site, or its users to harm or liability of any nature.

OpenRounds takes no responsibility and assumes no liability for any material posted, stored, or uploaded by you, or for any loss or damage thereto, nor is OpenRounds liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site or in your dealings with other Site users.

Although OpenRounds has no obligation to screen, edit, or monitor any material posted on or transmitted through the Site, OpenRounds reserves the right, and has absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Site at any time and for any reason without notice.

If you post material on or through the Site, you represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Site; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for OpenRounds, the Site, or for third parties.

If access to OpenRounds’ site is granted, you are obligated to not disclose the names of participating clubs. See the Copyright and Limited License section of this agreement for further information.

7. Dealings with Site Users

Your transactions, dealings, and correspondence with, or participation in promotions of, persons who place, respond to, or are named or referenced in any Content, and any terms, conditions, warranties, or representations associated with such transactions, dealings, and correspondence, are solely between you and such third party. OpenRounds is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, transactions, or correspondence. If you enter into any kind of transaction with a Site user or other third party, OpenRounds and its affiliates are not responsible or liable for any action or inaction of you or any other party to such a transaction.

8. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, OpenRounds maintains a policy of terminating, in appropriate circumstances and at OpenRounds’ sole discretion, account holders who are deemed to be repeat infringers. OpenRounds may also at its sole discretion limit access to the Site to any users and/or terminate the accounts of any account holders who infringe on any intellectual property rights of others, whether or not there is any repeat infringement.

9. Copyright Complaints

If you believe that any Content on the Site infringes upon any copyright that you own or control, please contact OpenRounds as set forth below.

Phone: 888.765.7707
Email: yourcaddy@openrounds.com
OpenRounds, Inc.
P.O. Box 390672
Cambridge, MA 02139

OpenRounds may give notice of a claim of copyright infringement to users of the Site by means of a general notice on the Site, electronic mail to a user's email address in its records, or by written communication sent by first-class mail to a user's address in its records.

10. Trademarks

OpenRounds, the OpenRounds logo, and any other product or service name or slogan contained on the Site and in any Content are trademarks of OpenRounds and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of OpenRounds or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site or in any Content are the properties of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by OpenRounds.

11. Third-Party Content

The Site may contain links to web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. OpenRounds does not monitor, endorse, or adopt, or have control over, any Third-Party Content. OpenRounds undertakes no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.

Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web sites or Third-Party Content to which you navigate from the Site. You access and use Third-Party Content at your own risk.

12. Indemnification

You will defend, indemnify and hold harmless OpenRounds, its affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, including any injury occurring on the golf course or in transit thereto, your violation of these Terms, or your violation of any rights of a third party.

13. Privacy Policy

For information about OpenRounds’ privacy practices, please read OpenRounds’ privacy policy. The privacy policy explains how OpenRounds treats your personal information when you use the Service.

14. Disclaimer of Warranties

Your use of the Site or Service, including, without limitation, your use of any Content accessible through the Site and your interactions and dealings with any Site users, is at your sole risk. The Site, Service, and all Content available on and through the Site or Service are provided on an "as is" and "as available" basis. OpenRounds and its suppliers and licensors expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. OpenRounds does not warrant uninterrupted use or operation of the Service, the Site, or your access to any Content. No advice or information, whether oral or written, obtained by you from the Site or the Service will create any warranty regarding OpenRounds that is not expressly stated in these Terms. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.

15. Limitation of Liability

Neither OpenRounds nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if OpenRounds or any supplier or licensor has been advised of the possibility of these damages), arising out of or relating to your access to or use of, or your inability to access or use, the Site or any Content. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

The maximum total liability of OpenRounds and its suppliers and licensors to you for all claims under these Terms, whether in contract, tort, or otherwise, is $300. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.

16. Restrictions on Access

Notwithstanding any provision of these Terms, OpenRounds reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block, restrict, and prevent your future access to, and use of, the Site. Additionally, OpenRounds reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Site and the Service without notice in its sole discretion. Neither OpenRounds nor its suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Site or the Service.

17. Consent to Electronic Communications

By using the Site, you consent to receiving electronic communications from OpenRounds. These communications may include notices about your Site account and information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that OpenRounds sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

18. General Legal Notices

OpenRounds’ failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Site or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.

These Terms are governed by the laws of the Commonwealth of Massachusetts, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Site or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Middlesex County, Massachusetts, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Massachusetts law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

These Terms constitute the entire agreement between you and OpenRounds concerning the Site and the Service. These Terms supersede all prior agreements or communications between you and OpenRounds regarding the subject matter of these Terms.

19. Questions & Contact Information

If you have any questions or concerns about the Site, its Content, the Service, or these Terms, please contact OpenRounds at yourcaddy@openrounds.com.