TERMS OF SERVICE

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “Player,” or “Participant”) and ForeFans Golf LLC, a Florida limited liability company (“ForeFans,” “we,” “our,” or “us”), and set forth the terms and conditions under which you are authorized to use our service, the ForeFans Golf Hole-In-One Challenge (the “Game”), a single skill-based promotional contest governed by the Official Rules, and which include, but are not limited to, our website, https://forefansgolf.com (“Site”), mobile app (“App” when made available), and any website, application, or service where these Terms are posted, and any subdomains and mobile versions thereof (collectively, our “Services”). These Terms do not apply to other websites which are linked to/from the Site or App; those linked websites may be governed by different agreements.

By accessing, registering for, paying for, or participating in the Challenge, you acknowledge that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not participate in the Challenge. In the event of any inconsistency between these Terms and the Official Rules, the Official Rules shall control with respect to gameplay, verification, and prize determinations.

ATTENTION: PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES. ACCESSING ANY PART OF THE SERVICES OR CONTENT INDICATES THAT YOU ACCEPT AND AGREE TO THESE TERMS AND ACKNOWLEDGE THE PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THE TERMS AND PRIVACY POLICY, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THE SERVICES AND LEAVE THE SERVICES IMMEDIATELY.

DEFINITIONS

For purposes of these Terms, the following capitalized terms have the meanings set forth below. To the extent any defined term is used in the Official Rules, Privacy Policy, or Mobile Waiver, such term shall have the same meaning unless expressly stated otherwise.

  1. “Authorized Game Location” means a golf course, facility, or venue operating under a valid and fully executed ForeFans agreement or otherwise expressly approved by ForeFans for Game operation.
  2. “Entry” means a completed and accepted registration for participation in a Game, whether paid or provided through an approved alternate method of entry, which entitles a Player to attempt a single shot unless otherwise specified.
  3. “Game” means the ForeFans Hole-in-One Challenge, a skill-based promotional contest in which a Player attempts to complete a golf shot from a designated teeing area into a specified hole under defined conditions.
  4. “Game Operator” means any golf course, facility, or authorized third party responsible for hosting, administering, or facilitating a Game at an Authorized Game Location.
  5. “Player” (or “you”) means an individual who registers for, accesses, or participates in the Game.
  6. “ForeFans,” “we,” “us,” or “our” means ForeFans Golf LLC.
  7. “ForeFans Parties” means ForeFans Golf LLC and its parent companies, subsidiaries, affiliates, insurers, underwriters, Game Operators, sponsors, advertisers, service providers, and each of their respective owners, officers, directors, members, managers, employees, contractors, agents, representatives, successors, and assigns.
  8. “Verification System” means the ForeFans technology platform used to capture, record, process, and analyze audio, video, sensor data, and related gameplay information for purposes of verifying Game activity and outcomes.
  9. “System-Captured Content” means all audio, video, images, sensor data, gameplay data, and other recordings or information captured, generated, or derived by or through the Verification System in connection with the Game.
  10. “User Content” means any content submitted, uploaded, transmitted, or otherwise provided by a Player, including but not limited to profile information, communications, or other materials.
  11. “Modified Content” means any edits, derivatives, compilations, highlight footage, or other materials created by or on behalf of ForeFans from any User Content or System-Captured Content.
  12. “Potentially Winning Shot” means a shot that appears, based on initial observation or system capture, to satisfy the requirements of a winning outcome, subject to full verification.
  13. “Winner” means a Player whose Potentially Winning Shot has been fully verified and approved in accordance with the Official Rules and all applicable conditions precedent.
  14. “Verification” means the process by which ForeFans evaluates System-Captured Content, system data, and compliance with the Official Rules to determine whether a Potentially Winning Shot qualifies as a winning outcome, which may include review by an applicable Underwriter where required.
  15. “Underwriter” means any third-party insurer or risk-transfer provider engaged by ForeFans, in its sole discretion, to fund or insure prize obligations.
  16. “Underwriter Approval” means the independent determination by an Underwriter that a claim satisfies all applicable underwriting terms, conditions, and requirements.
  17. “Prize” means any award, monetary or otherwise, offered in connection with a Game, subject to all conditions set forth in these Terms and the Official Rules.
  18. “Technical Malfunction” means a verified failure of the Verification System that materially prevents the accurate capture or recording of a Player’s shot, as determined by ForeFans in its good-faith judgment.
  19. “Entry Fee” means any amount paid by a Player in exchange for participation in a Game.
  20. “Services” means the ForeFans website, platform, mobile interfaces (when developed), Verification System, and all related products and services.
  21. “Authorized Agent” means a person or entity authorized by a Player to act on their behalf in connection with privacy or legal requests, subject to verification requirements.
  22. “Claim” means any dispute, demand, legal action, arbitration, or proceeding arising out of or relating to a Player’s participation in the Game or use of the Services.
  23. “Retention Period” means the period during which ForeFans retains System-Captured Content and related data in the ordinary course of business, as described in these Terms and the Privacy Policy.
  24. “Official Rules” means the ForeFans Game Rules governing participation in the Game, as may be amended from time to time.
  25. “Mobile Waiver” means the ForeFans liability waiver and release agreement that Players must accept prior to participation.
  26. “Privacy Policy” means the ForeFans Privacy Policy governing the collection, use, and disclosure of Personal Information.

NTERPRETATION AND CROSS-DOCUMENT CONSISTENCY

These Terms, the Official Rules, the Privacy Policy, and the Mobile Waiver are intended to operate together as a unified agreement governing participation in the Game and use of the Services.

To the extent of any inconsistency:

  1. the Official Rules shall control with respect to gameplay, eligibility, verification, and prize determinations;
  2. the Privacy Policy shall control with respect to data collection and use; and
  3. these Terms shall control with respect to all other matters, including payment, liability, and general use of the Services.

All defined terms shall be interpreted consistently across all ForeFans documents unless expressly stated otherwise.

ELIGIBILITY AND USE OF THE SERVICE

The Service is offered only to individuals who are at least eighteen (18) years of age and who are legally permitted to enter into binding contracts under applicable law. The Challenge is limited to amateur golfers as defined by applicable governing bodies (including the USGA). Professional or former professional golfers will be deemed ineligible for prize-based participation. By using the Service, you represent and warrant that:

  1. You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater;
  2. You are legally capable of entering into binding agreements;
  3. You are physically capable of safely participating in a golf skill-based challenge;
  4. You are participating voluntarily and at your own risk; and
  5. You confirm agreement and compliance with the Official Rules.

Participation in the Challenge is subject to all posted rules, course-specific requirements, and these Terms. ForeFans reserves the right to deny, suspend, or terminate access to the Service for any lawful reason.

ARBITRATION AND CLASS WAIVER NOTICE

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SEE BELOW – “DISPUTE RESOLUTION, ARBITRATION, AND CLASS WAIVER”). THROUGH YOUR AGREEMENT TO THESE TERMS: (I) YOU AND FOREFANS AGREE TO RESOLVE THROUGH BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT, ANY AND ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, INFORMATION, OR ANY OTHER SERVICES OR PRODUCTS PROVIDED, SOLD, PURCHASED, MANAGED, OPERATED, OR FULFILLED BY FOREFANS; AND (II) YOU AND FOREFANS EACH EXPRESSLY WAIVE ANY RIGHTS TO ENFORCE THIS AGREEMENT IN COURT OR AS A CLASS, SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED BELOW.

These Terms also include a disclaimer of warranties, a disclaimer of liability, and a release and indemnification by you, below. Please review those sections (and all other terms) carefully.

RESERVATION OF RIGHTS

We reserve the right to modify or discontinue the Services (or any portion of the Service), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Services. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOREFANS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICES (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.

BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. We may change these Terms at any time. Please review the Terms each time you visit the Services. If We have Your email address, We will notify You of material changes to the Terms via email. If we do not have your email address, We will update this page to reflect any changes to the Terms.

THIRD PARTIES

The Services may contain links to third-party websites and online services (such as social media sites) that are not owned or controlled by ForeFans. ForeFans has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, ForeFans will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICES, YOU EXPRESSLY RELEASE THE FOREFANS PARTIES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, ACCESS TO, OR INTERACTION WITH ANY THIRD-PARTY WEBSITES, PAYMENT PROCESSORS, INSURERS, UNDERWRITERS, OR OTHER THIRD-PARTY SERVICES, AND FROM ANY LOSS OR DAMAGE OF ANY KIND YOU MAY INCUR FROM DEALINGS WITH SUCH THIRD PARTIES. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions of use for each other website or online service that you visit.

RESTRICTIONS ON USE OF SERVICE

In your use of the Services, you will not:

  1. use the Services for any purpose other than for using the features we intentionally make available to you;
  2. upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
  3. post, transmit or submit any information that ForeFans, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
  4. upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
  5. copy, download or distribute any part of the Services in any form or medium without the prior written authorization of ForeFans;
  6. alter, modify or make derivative works from any part of the Services without the prior written authorization of ForeFans;
  7. provide false personal information of anyone other than yourself without permission;
  8. use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
  9. use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use of the Service;
  10. obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
  11. impersonate or misrepresent any person or entity or your affiliation with someone else;
  12. remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service; or
  13. post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Services.

ForeFans will fully cooperate with any law enforcement authorities or court order requesting or directing ForeFans to disclose the identity of anyone violating these Terms. The Services are not intended for, and we do not knowingly collect information from, any individual under the age of 18. If you are under 18, do not access or use the Services.

INTELLECTUAL PROPERTY

Everything you see, hear, or otherwise experience on the Services, including but not limited to the graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Services, and all statistical, analytical, and other data captured by or through the Services (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ForeFans, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. ForeFans owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Services or use of the Marks may violate copyright, trademark, and other laws.

For your personal use, you may view, copy, and print pages from the Services. Otherwise, the Services may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ForeFans reserves all rights not expressly granted in and to the Services, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by ForeFans in writing. You may not create, recreate, advertise or distribute Content unless authorized in writing by us. You may not build a business using the Content, whether or not for profit. If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein, nor may you scrape or use any extraction methods to obtain any Content or data from the Services.

You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to you under these Terms, the Services, or any content or materials accessible through the Services, in whole or part.

USER CONTENT

Any content, including but not limited to photos, videos, feedback, notes, messages, ideas, concepts, knowhow, techniques, or other communications, uploaded, recorded, posted, submitted, or otherwise made available by individual users of the Services (“User Content”) are the sole responsibility of the person who made such User Content available on the Services. By submitting any User Content to the Services, you represent and warrant that you will not submit or post material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant ForeFans all of the license rights granted herein. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Content. ForeFans EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT.

On ForeFans’ social media sites, you further represent and warrant that you have the permission of any individuals depicted in photographs, videos or recordings that you submit to the Services to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to ForeFans.

ForeFans welcomes your comments and suggestions. However, except for any personal information we may collect from you pursuant to our Privacy Policy, User Content will be considered non-confidential and non-proprietary. You understand that whether or not such User Content are published or posted, ForeFans (1) does not guarantee any confidentiality with respect to any User Content (except as described in our Privacy Policy), (2) does not pay any compensation for User Content, and (3) is under no obligation to respond to or post any User Content.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, WAIVE, AND INDEMNIFY THE FOREFANS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USER CONTENT, INCLUDING ANY CLAIM THAT SUCH USER CONTENT VIOLATES ANY THIRD-PARTY RIGHTS OR APPLICABLE LAW.

    1. System-Captured Content Ownership. All System-Captured Content is and shall be the sole and exclusive property of ForeFans. To the extent any Player may be deemed to have any right, title, or interest in such System-Captured Content, the Player hereby irrevocably assigns, transfers, and conveys to ForeFans all right, title, and interest in and to such System-Captured Content, including all intellectual property rights therein.
  • User Content License. User Content remains the property of the Player or its original owner. By submitting User Content, the Player grants the ForeFans Parties a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, distribute, display, perform, modify, create derivative works from, and otherwise exploit such User Content for any purpose.
  • Modified Content Ownership. All Modified Content shall be the sole and exclusive property of ForeFans. To the extent any Player has any rights in such Modified Content, the Player hereby irrevocably assigns all such rights to ForeFans. ForeFans hereby grants Player a non-exclusive, royalty-free, perpetual license to use Modified Content depicting Player solely for personal, non-commercial purposes.

Notwithstanding anything to the contrary, the rights granted herein are irrevocable with respect to any content, materials, or Marketing Content that has been created, edited, published, distributed, publicly displayed, or otherwise used prior to the effective date of any opt-out request, including content in active production pipelines.

A Player may revoke consent solely with respect to the creation of new, future Marketing Content that has not yet been created as of the effective date of such revocation by providing at least thirty (30) days’ prior written notice to ForeFans at the designated contact address.

Such revocation shall not:

  1. apply retroactively;
  2. require removal, deletion, or cessation of use of any existing content;
  3. apply to System-Captured Content used for verification, compliance, operational, archival, or legal purposes; or
  4. impair any rights previously granted to ForeFans or any third party relying on such rights.

ForeFans shall have a commercially reasonable period to implement any prospective opt-out, and no opt-out shall apply to content already in development, production, or scheduled for publication as of the date notice is received.

PAYMENTS

*Prize payment is subject to multiple independent conditions. In certain Games, prizes are funded by a third-party underwriter. In those cases, a prize is payable only if BOTH (i) ForeFans verifies the shot and (ii) the underwriter independently approves the claim. ForeFans’ verification alone does not guarantee payment. By completing an Entry, you acknowledge and accept this condition.

All entry fees must be paid in full prior to attempting a qualifying shot. Unless otherwise required by law, all fees are non-refundable.

  1. Transactions. If You wish to use services or purchase products made available by or through the Services (each such activity, a “Transaction”), You may be asked to supply certain information applicable to Your Transaction, including, without limitation, credit card and other information. Any information that You provide to ForeFans will be handled in the manner described in our Privacy Policy. You agree that all information that You provide in connection with Your Transaction will be accurate, current and complete. You agree to pay all charges incurred by You or any users of Your account(s) and/or credit card at the price(s) set forth on the Services at the time of Your Transaction. Prices advertised on the Services are subject to increase in the amount of any tax, including excise, sales, use, or like taxes that ForeFans may be required to collect or pay in connection with the Transaction. you are responsible for all taxes associated with Transactions entered into by You or users of Your account through the Services and agree to indemnify and hold harmless the ForeFans Parties in accordance with the indemnification provisions set forth in these Terms.
  2.  You agree that You will not attempt to conceal Your identity by using multiple Internet Protocol addresses or email addresses to use or to enter Transactions on the Services. You grant ForeFans the right to provide any information You submit to or through the Services to third parties for purposes of facilitating the completion of Transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. 
  3. Pricing. Pricing for Transactions shall be as set forth on the Services which pricing may be changed by ForeFans from time to time. ForeFans may choose to temporarily change pricing for promotional events or new products or services, and such changes shall be immediately effective when ForeFans posts the temporary pricing change to the Services.
  4. Payment Processing. When You conduct a Transaction, the Transaction and collection of payments may be handled by ForeFans’ third-party payment processor(s). Transactions will be processed only after Your billing information has been verified. If We receive incorrect billing or credit card account information, the processing of Your Transaction will be cancelled without further notice.
  5. Transaction Confirmation. If You do not receive a confirmation or receipt (in the form of a page, message or email) after submitting payment information, or if You experience an error message or service interruption after submitting payment information, it is Your responsibility to confirm with ForeFans whether or not Your Transaction has been completed.
  6. Payment Methods. ForeFans accepts payment via American Express, Visa, MasterCard, and Discover. All credit card transactions are processed and handled by ForeFans’ third-party payment processor(s). The third-party payment processor(s) will collect the Transaction amount from You, and thereafter will deduct the credit card processing fee and remit payment of the remaining amount to ForeFans in accordance with such party’s merchant card processing terms in effect from time to time.
  7. Refunds. Before entering a Transaction on the Services, carefully review the Services and all policies and terms. Unless otherwise agreed to in writing by ForeFans, or as expressly permitted under the Official Rules in connection with a verified Technical Malfunction, we will not issue refunds. In the event that the provisions of this section conflict with any mandatory refund policies imposed by a credit card company, as may be applicable to a particular Transaction, the terms of such mandatory refund policy shall prevail. Additionally, certain legislation and consumer protection laws and regulations may confer You with rights, warranties, guarantees and remedies relating to Your Transaction that cannot be excluded, restricted, or modified. Notwithstanding the foregoing, refunds or credits may be issued where expressly permitted under the Official Rules, including in cases of verified Technical Malfunction.
  8. Chargebacks. You agree not to initiate a chargeback in bad faith or to circumvent these Terms. Nothing herein limits any rights you may have under applicable law or credit card network rules.

WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WARRANT AND REPRESENT TO FOREFANS AS SET OUT BELOW: The information provided to ForeFans in any registration screen, profile, email, telephone call or through other means including all personal details, contact details and all other data provided to ForeFans is true in all respects, up-to-date and not misleading.

You will keep the information you provide to ForeFans up to date.

You will not access the Services under false identity or pretext and will not use it to falsify your or any other person’s identity.

You will use the Services lawfully and in good faith.

DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. FOREFANS HAS ATTEMPTED TO MAKE THE SERVICES AND THE CONTENT AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE FOREFANS PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICES OR THE CONTENT. THE FOREFANS PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY EXPRESS, IMPLIED, STATUTORY, THAT MAY BE IMPLIED BY THESE TERMS, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE ON THE PART OF THE FOREFANS PARTIES RELATING TO THE SERVICE, THE CONTENT, USER CONTENT, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE FOREFANS PARTIES, AND ANY AGREEMENT WITH A THIRD-PARTY.

WITHOUT LIMITING THE FOREGOING, THE FOREFANS PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICES OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY FOREFANS; THAT SERVICES ERRORS WILL BE CORRECTED; OR THAT THE SERVICES IS PCI COMPLIANT. THE FOREFANS PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY, AND/OR (VI) 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.

INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE FOREFANS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO:

  1. YOUR PARTICIPATION IN THE GAME;
  2. YOUR USE OF OR ACCESS TO THE SERVICES;
  3. YOUR BREACH OF THESE TERMS OR THE OFFICIAL RULES;
  4. YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION;
  5. YOUR MISREPRESENTATION OF IDENTITY OR ELIGIBILITY;
  6. ANY USER CONTENT YOU SUBMIT;
  7. ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY; OR
  8. YOUR USE OF ANY FOREFANS PLATFORM, SYSTEM, OR SERVICE.

FOREFANS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION, AND YOU AGREE TO COOPERATE FULLY IN SUCH DEFENSE.

RELEASE AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE THE FOREFANS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, OR LIABILITIES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO: (a) any suspension, disruption, error, or inaccuracy of the Service or Content; (b) personal injury or property damage of any nature resulting from your access to or use of the Service; (c) unauthorized access to or use of any servers or information stored therein; (d) interruption or cessation of transmission to or from the Service; (e) inadequate or faulty hardware or software operating the Service; (f) bugs, viruses, Trojan horses, or other malicious code transmitted by any third party; (g) User Content or third-party websites, applications, or services; (h) any errors or omissions in any Content; or (i) any loss or damage incurred from use of any Content or advertisement made available via the Service. THE FOREGOING RELEASE INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE FOREFANS PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW. WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FOREFANS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE FOREFANS PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICES OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLAIMS BASED ON NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE FOREFANS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, FOREFANS’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE ENTRY OR TRANSACTION GIVING RISE TO THE CLAIM

NATURE OF THE CHALLENGE – SKILL-BASED ACTIVITY

ForeFans offers a single skill-based Game. Any references to additional formats, events, or promotional variations relate solely to the manner in which the Game is administered and do not constitute separate games or alter the governing Official Rules.

A Challenge may be offered as:

  1. On-course challenge during normal play; or
  2. Scheduled pop-up events hosted at golf courses, driving ranges, simulator facilities, or other approved venues (“Pop-Up Events”).

The Challenge is skill-based contest. Outcomes are determined solely by the Participant’s golf skill and performance. No element of chance determines the outcome. The Challenge is not gambling, wagering, lotteries, or games of chance.

Participation entitles the Player only to the number of shots or attempts expressly purchased, with each Entry authorizing a single (1) stroke unless otherwise expressly permitted. All requirements set forth in the Official Rules are conditions precedent to any prize eligibility or payment. No Player shall have any right to a prize unless all such conditions have been satisfied.

REGISTRATION; ENTRY INTEGRITY; VERIFICATION

To participate, including on-course or pop-up Game (hole-in-one Challenge), you must complete the required registration process through the Services. Registration may include scanning a QR code provided at the participating venue and submitting requested information (“Application Data”), which may include, without limitation:

 

  1. your name and contact information;
  2. payment and transaction details;
  3. event, course, or venue identification;
  4. device, location, timestamp, and participation data; and
  5. any additional information reasonably required to confirm eligibility, enforce these Terms, or verify Challenge compliance.

 

You agree not to misuse or manipulate QR codes, submit false or misleading information, attempt unauthorized or duplicate entries, or circumvent entry controls, verification procedures, or security measures.

 

ForeFans reserves the right to use reasonable technical, administrative, and operational measures, including, without limitation, geolocation data, timestamps, video review, distance measurement tools, automated systems, or manual review, to verify eligibility, participation integrity, and compliance with these Terms. All determinations shall be made by ForeFans in its good-faith judgment, based on the Verification System and shall be final and binding to the fullest extent permitted by applicable law. 

 

Video and system data captured by ForeFans’ Verification System shall constitute the primary, authoritative, and controlling evidence for purposes of gameplay and verification, absent a verified Technical Malfunction. ForeFans retains video footage, audio recordings, and Verification System data (including related system logs and metadata) for a period of 45 days following the date of the relevant Entry (the “Retention Period”), after which such data may be deleted, overwritten, or otherwise disposed of in the ordinary course of business.

 

Notwithstanding the foregoing, ForeFans will preserve such data where: (i) retention is required by applicable law, regulation, or contractual obligation; or (ii) ForeFans has received notice of a potential claim or otherwise has reason to believe that a dispute, claim, or legal proceeding may arise relating to a particular Entry, Player, or Game.

 

For purposes of this section, notice of a potential claim includes, without limitation, receipt of a demand letter, reservation-of-rights letter, attorney communication, arbitration demand, litigation filing, or any other written or oral communication that reasonably indicates a dispute or potential claim.

 

Upon such notice, ForeFans will implement a litigation hold and preserve relevant data for a commercially reasonable period necessary to evaluate, respond to, and resolve the matter.

SHOT RECORDING, MEASUREMENT, VERIFICATION, AND FINALITY

All Challenge attempts are recorded and reviewed using ForeFans’ procedures, which may include camera systems, sensors, spotters, range markings, simulator data, or other verification tools selected by ForeFans. Participants may not take practice or warm-up shots directed toward the target prior to an official attempt where such restriction is specified in the Official Rules. Violation may result in disqualification.

ALL VERIFICATION DETERMINATIONS MADE BY FOREFANS ARE FINAL AND BINDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

A valid attempt must: 

  1. Originate from the designated hitting location;
  2. Be taken during the authorized event window;
  3. Be recorded or measured in compliance with ForeFans procedures; and
  4. Comply with all posted rules and instructions.

ForeFans reserves the right, in its good-faith judgment, to disqualify any participant for cheating, fraud, unsafe conduct, rule violations, misrepresentation, or any conduct that undermines the integrity of the Challenge or the Service.

PRIZES AND VERIFICATION

Prizes are awarded only upon verified successful completion of the applicable skill-based outcome. Verification may include on-site observation, video review, automated or AI-assisted analysis, distance measurement, and/or third-party confirmation, as determined by ForeFans. All prize determinations are final and binding to the fullest extent permitted by applicable law. Prize types and amounts vary by Challenge and event format. Hole-In-One prizes are awarded only for valid, verified hole-in-one shots. 

As a strict condition precedent to any prize eligibility, a participant must notify ForeFans of any potentially winning shot within twelve (12) hours of occurrence using the ForeFans Platform or other method expressly designated by ForeFans. Failure to provide timely notice shall result in automatic disqualification. Additionally, a Participant may be required to: (i) provide valid government-issued identification; (ii) complete IRS Form W-9 or other required tax documentation; and (iii) execute a prize acceptance, release, and publicity agreement. All prizes are subject to identity verification and compliance review. 

ForeFans may delay, withhold, or deny prize payment where it determines, in its reasonable discretion exercised in good faith, that:

  1. these Terms or the Official Rules were not satisfied;
  2. a Technical Malfunction occurred;
  3. fraud, manipulation, or irregularity is suspected; or
  4. required documentation is incomplete or inaccurate.

In the event of a verified Technical Malfunction, ForeFans may, in its reasonable discretion exercised in good faith, provide a replay opportunity, refund, credit, or other remedial action. No participant shall be entitled to any specific remedy unless expressly determined by ForeFans.

No rights relating to any Entry, Potentially Winning Shot, or Prize may be assigned or transferred. Any prize not claimed or required documentation not completed within the timeframe specified by ForeFans may be forfeited. Verification of any Potentially Winning Shot is a multi-step process that may include ForeFans’ internal review and, where applicable, independent confirmation by ForeFans’ insurance provider or underwriting partner. No prize obligation arises unless and until all required stages of verification, including any required underwriter approval as set forth in the “Prize Funding and Insurance” section below, have been fully completed.

All federal, state, and local taxes, reporting obligations, and required filings related to any prize are the sole responsibility of the prize recipient. 

PRIZE FUNDING AND INSURANCE

Certain prizes may be funded through third-party insurance or underwriting arrangements. The terms governing such arrangements, including the conditions for prize payment, ForeFans’ lack of insurer status, the absence of direct rights against any underwriter, and any limited remedies in the event of underwriter denial, are set forth in the ‘Prize Funding and Insurance’ section of the Official Rules, incorporated herein by reference.

ASSUMPTION OF RISK

Golf activities, including driving range use, simulator play, and on-course play, involve inherent risks. By participating in any Challenge or Pop-Up Event, you knowingly and voluntarily assume all risks, including but not limited to:

  1. Being struck by golf balls, clubs, or equipment;
  2. Errant shots leaving designated areas;
  3. Slips, falls, uneven surfaces, or weather conditions;
  4. Equipment malfunction or simulator error;
  5. Actions or negligence of other participants or spectators.

You assume these risks regardless of venue type.

 

PRIVACY AND COMMUNICATIONS

Your use of the Service is subject to the Privacy Policy. You consent to receive transactional, administrative, and promotional communications from ForeFans as permitted by law. You expressly consent to receive communications from ForeFans Golf LLC, including transactional and service-related communications via email, telephone, or SMS, as permitted by applicable law.

Marketing communications will only be sent in accordance with applicable consent requirements, and you may opt out at any time.

Consent to receive communications is not a condition of participation or purchase.

You also agree that all information you provide to register with the Service is governed by our Privacy Policy, and you consent to all actions ForeFans takes with respect to your information consistent with its Privacy Policy. Where it is permitted by law, ForeFans may rely on implied consent.

By providing your telephone number, you consent to receive transactional and marketing communications from ForeFans via SMS, MMS, or similar technologies, including messages sent using automated systems. Consent is not a condition of purchase. Message frequency may vary and data rates may apply. You may opt out at any time by replying “STOP.”

DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ CAREFULLY. 

SUBJECT TO THE PROCESS AND LIMITED EXCEPTIONS SET OUT BELOW, YOU AND FOREFANS EACH AGREE TO SUBMIT TO CONFIDENTIAL, BINDING ARBITRATION IN THE COUNTY OF PALM BEACH, FLORIDA, USA FOR ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO: (I) THESE TERMS, (II) YOUR ACCESS TO, OR USE OR RECEIPT OF THE SERVICES OR ANY PRODUCTS, SERVICES, OR INFORMATION SOLD, PURCHASED, OR THAT YOU RECEIVE THROUGH OUR SERVICES; OR (III) ANY OTHER SERVICES OR PRODUCTS PROVIDED, MANAGED, OPERATED, SERVICED, OR FULFILLED BY FOREFANS, IN EACH CASE, REGARDLESS WHEN THAT DISPUTE, CLAIM OR CONTROVERSY AROSE, AND REGARDLESS OF THE RELEVANT LEGAL THEORY (“DISPUTE”).

Before commencing arbitration, the party asserting a Claim must first provide written notice by sending an email to support@forefansgolf.com  and engage in a good-faith effort to resolve the dispute informally for at least thirty (30) days, which is a condition precedent to arbitration and tolls any applicable statute of limitations. The arbitration shall be conducted pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final, confidential, and binding, and may be entered as a judgment in any court of competent jurisdiction.

YOU AND FOREFANS AGREE THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. You expressly waive the right to a trial by jury and to participate in any class, collective, representative, or private attorney general action or proceeding. The arbitrator shall have no authority to conduct or award relief on a class or representative basis. Claims filed in small claims court and claims seeking injunctive relief to protect intellectual property rights are not subject to arbitration. To the extent any Claim is not subject to arbitration, it shall be governed by Florida law, and exclusive venue and jurisdiction shall lie in the state or federal courts located in Broward or Palm Beach County, Florida. If the class action waiver is found unenforceable, this entire arbitration provision shall be null and void; otherwise, the remaining provisions shall survive.

NO THIRD-PARTY BENEFICIARIES

This Agreement is for the benefit of ForeFans and users only and confers no rights on any third party.

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with ForeFans’ prior written consent, but may be assigned by ForeFans without restriction and without notice to you.

SURVIVAL

All provisions which by their nature should survive termination shall survive, including limitation of liability, release, dispute resolution, and intellectual property provisions.

INSURANCE

ForeFans, in its sole discretion, may choose to obtain or maintain commercially reasonable insurance coverage customary for promotional sporting events of a similar nature. Nothing herein shall be construed as limiting any release, waiver, or limitation of liability set forth in this Agreement, and no insurance maintained by ForeFans shall be deemed to create any additional rights in favor of any participant.

FORCE MAJEURE

ForeFans shall not be liable for any delay, suspension, modification, or cancellation of the Challenge or the Service due to events beyond its reasonable control, including without limitation acts of God, weather conditions (including lightning, rain, wind, heat, or other unsafe playing conditions), natural disasters, fire, flood, governmental orders, labor disputes, power or network failures, equipment malfunction, course conditions, or safety concerns (each, a “Force Majeure Event”). In the event of a Force Majeure Event ForeFans may, in its reasonable discretion exercised in good faith, reschedule, modify, suspend, or cancel the Challenge. Any remedies, if provided, shall be determined by ForeFans in its reasonable discretion exercised in good faith.

MISCELLANEOUS

Under no circumstances will ForeFans be held liable for any delay or failure in performance due in whole or in part to causes beyond its reasonable control. 

No failure or delay by ForeFans in exercising any right or provision under this Agreement shall constitute a waiver of that right or provision. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to make it enforceable.

ForeFans may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. Users may not assign their rights or obligations without ForeFans’ prior written consent.

Headings are for convenience only and do not affect interpretation. The word “including” means “including without limitation.” The word “or” is inclusive. Any reference to a statute includes amendments and successor provisions. 

You acknowledge that you are not relying on any representations, statements, or promises other than those expressly set forth in these Terms and the Official Rules. These Terms, together with the Official Rules and Privacy Policy, constitute the entire agreement between you and ForeFans regarding the Services and the Game.

ForeFans is committed to providing a website and services that are accessible to all users. For more information regarding our accessibility efforts or to report an issue, please refer to our Accessibility Statement available on our website.

By using the Services, you consent to receiving these Terms, the Privacy Policy, the Official Rules, the Mobile Waiver, and all related disclosures and notices in electronic form. You may withdraw your consent by ceasing to use the Services and contacting support@forefansgolf.com to request paper copies. To access electronic records, you need a device with internet access, a current web browser, and a valid email address. Your consent applies to all current and future communications and records relating to your use of the Services unless you specifically withdraw it.

 

NOTICE

If User has questions or comments about the Service or this Agreement, please contact us at:

ForeFans Golf, LLC
2100 SW 16th Terrace, Ft. Lauderdale, FL 33315
support@forefansgolf.com 

305-834-9340

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