Last updated: May 12, 2026
DUCK HOOK GOLF, LLC
TERMS AND CONDITIONS OF USE
Last Updated: May 12, 2026
These Terms and Conditions of Use (these "Terms") constitute a legally binding agreement between you ("you" or "User") and Duck Hook Golf, LLC, a Colorado limited liability company ("Duck Hook," "Company," "we," "us," or "our"), governing your access to and use of the Duck Hook Golf mobile application, website located at the URL(s) operated by Duck Hook, and all related features, content, products, and services we provide (collectively, the "Service").
By creating an account, downloading or installing the application, accessing the website, clicking "I Agree," or otherwise accessing or using the Service in any manner, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use the Service.
The Service may permit Users to record scores, points, skins, Stableford results, match-play results, and other golf-related data, and to enter notional figures, units, or amounts within their own private accounts and groups for the sole purpose of personal scorekeeping and friendly competition tracking. Any such entries are notional only. The Service does not provide any mechanism to deposit, hold, withdraw, transfer, or settle any funds or thing of value, and Duck Hook does not provide payment processing, escrow, stakeholder, or any similar financial service of any kind.
Any agreement, understanding, contest, friendly game, or other arrangement between or among Users—whether formal or informal, and whether involving anything of value or not—is a private arrangement strictly between those Users. Duck Hook is not a party to, agent of, escrow agent for, intermediary of, stakeholder of, guarantor of, witness to, or in any way responsible for any such arrangement. Duck Hook makes no representation or warranty regarding any User's identity, honesty, scorekeeping accuracy, willingness or ability to pay any obligation, or compliance with applicable law. Disputes between Users are between those Users, and Duck Hook has no obligation to mediate, arbitrate, investigate, or resolve any such dispute. Without limiting the foregoing, any payment, transfer, attempted payment, or settlement between or among Users — whether conducted using a Venmo or other payment-service identifier obtained from any User profile on the Service or otherwise — is a transaction solely between those Users, occurs entirely on and through the applicable third-party payment platform, is governed solely by the terms of that third-party platform, and is not the responsibility of Duck Hook. Duck Hook is not a party to, agent of, intermediary in, escrow agent for, beneficiary of, or guarantor of any such payment, and has no authority or ability to authorize, prevent, reverse, refund, recover, or resolve any such payment.
You are solely responsible for ensuring that your use of the Service, and any agreement you may enter into with other Users, complies with all laws, rules, and regulations applicable to you, including without limitation laws and regulations governing gambling, gaming, sports wagering, social gaming, contests of chance, contests of skill, sweepstakes, lotteries, money transmission, consumer protection, and taxation. You represent and warrant that your use of the Service is and will at all times remain lawful in the jurisdiction(s) in which you access and use the Service. You agree that Duck Hook has no obligation to monitor or verify the lawfulness of your activities and accepts no liability arising from your failure to comply with applicable law.
The Service may display live or historical leaderboards showing golf scores, statistics, and similar performance data submitted by Users. Leaderboards are informational and recreational only. Duck Hook does not award, distribute, or facilitate the distribution of any cash, prize, reward, merchandise, or other thing of value to any User based on leaderboard position, score, or any other performance on the Service. Inclusion on or position on a leaderboard does not entitle any User to any compensation, prize, or other benefit from Duck Hook.
By accessing or using the Service, you expressly represent and warrant that: (i) you understand that the Service is for entertainment purposes only; (ii) you are not using the Service for the purpose of facilitating, conducting, or recording unlawful gambling or wagering; (iii) you are not relying on Duck Hook to process, hold, escrow, transmit, or settle any funds or thing of value; and (iv) any private arrangement between you and any other User is your sole responsibility.
The Service may permit you to display in your User profile a username, handle, identifier, or link associated with one or more third-party payment services (such as Venmo) (each, a "Payment Handle"). All of the following apply to any Payment Handle:
(i) A Payment Handle that you include in your User profile is information that you voluntarily provide. You may add, edit, or remove a Payment Handle at any time through your profile settings.
(ii) Duck Hook does not validate, verify, authenticate, monitor, screen, or endorse any Payment Handle. Duck Hook does not confirm that any Payment Handle is associated with the User who posted it, that the underlying account is open or in good standing or capable of receiving payment, or that the User has authority to use or display the Payment Handle. Duck Hook does not integrate with, transact through, or exchange any data with the underlying third-party payment service.
(iii) Duck Hook is not a party to, agent of, intermediary in, escrow agent for, stakeholder for, processor of, beneficiary of, guarantor of, or otherwise involved in any payment, transfer, attempted payment, or transaction conducted between or among Users using any Payment Handle. All such payments occur entirely on and through the applicable third-party payment service, are governed exclusively by that third-party service's terms of service and policies, and are conducted at the Users' own risk.
(iv) Third-party payment services impose their own terms of service, which may prohibit certain uses, including without limitation use for gambling, wagering, or other activities. Without limitation, Venmo's User Agreement prohibits the use of Venmo for, among other things, gambling. You are solely responsible for ensuring that any payment you initiate, request, receive, or otherwise transact through any third-party service complies with that service's terms and all applicable laws. Duck Hook has no responsibility for, and you release Duck Hook from any claim arising from, any account suspension, account closure, payment reversal, hold, refund, chargeback, fine, or other consequence imposed on you by any third-party payment service.
(v) By including any Payment Handle in your User profile, you represent and warrant that (1) the Payment Handle is associated with an account that you personally own and control; (2) you have the right under the terms of the applicable third-party payment service to display the Payment Handle in this manner; (3) you are not displaying the Payment Handle for the purpose of facilitating unlawful gambling, unlawful wagering, or any other unlawful activity; (4) you understand that other Users (and, depending on profile-visibility settings, potentially the public) will be able to view your Payment Handle; and (5) you accept all risk associated with displaying the Payment Handle, including without limitation risks of fraud, impersonation, harassment, unwanted contact, and identification.
(vi) Duck Hook may, in its sole discretion and without notice or liability, remove, mask, or block the display of any Payment Handle that it believes may be associated with unlawful activity, with violation of any third-party payment service's terms, or with violation of these Terms. Duck Hook has no obligation to do so and assumes no responsibility for failing to do so. Duck Hook does not undertake any duty to monitor Payment Handles or to verify that any Payment Handle complies with applicable law or applicable third-party terms.
The Service is intended for, and is available only to, individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into a binding contract under the laws of their state of residence. By accessing or using the Service, you represent, warrant, and affirmatively attest that you are at least 18 years old and that you have the legal capacity to enter into these Terms. We may, at our sole discretion, require additional age verification at any time. If we learn or have reason to believe that any User is under 18, we will promptly terminate that User's account and delete associated personal data to the extent required by law.
The Service is intended for access and use only by Users physically located in the United States of America. By accessing or using the Service, you represent and warrant that you are located in the United States. You agree that you will not access or use the Service from any location outside the United States, and you acknowledge that Duck Hook makes no representation that the Service is appropriate, available, or lawful for use in any jurisdiction other than the United States. Those who choose to access the Service from outside the United States do so on their own initiative and at their own risk, and are responsible for compliance with applicable local laws.
To access certain features of the Service, you must create an account. You agree to (i) provide accurate, current, and complete information; (ii) maintain and promptly update your account information; (iii) maintain the security of your password and accept all risks of unauthorized access; and (iv) promptly notify Duck Hook of any unauthorized use of your account. You are solely responsible for all activity occurring under your account.
Subject to your compliance with these Terms, Duck Hook grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial entertainment and scorekeeping use. All rights not expressly granted to you in these Terms are reserved by Duck Hook and its licensors. Duck Hook may add, modify, suspend, or discontinue any part of the Service, or impose limits on certain features, at any time and without notice, and without liability to you.
You agree that you will not, and will not attempt to:
Duck Hook reserves the right, but has no obligation, to investigate, monitor, or remove any content or to suspend or terminate any User's access to the Service, in whole or in part, with or without notice, for any reason or no reason, including for suspected violation of these Terms.
The Service may permit you to upload, post, or otherwise submit photographs, profile images, comments, scores, statistics, course reviews, group chat messages, and other content (collectively, "User Content"). You retain ownership of your User Content, but you grant Duck Hook a perpetual, irrevocable (except as required by applicable law), worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works of, publicly display, publicly perform, distribute, and otherwise exploit your User Content in connection with the operation, provision, promotion, and improvement of the Service. You waive, to the maximum extent permitted by applicable law, any moral rights you may have in your User Content. For the avoidance of doubt, any Payment Handle that you include in your User profile constitutes User Content for purposes of this Section VI, and you grant Duck Hook the license described above with respect to your Payment Handle to the extent necessary for Duck Hook to display the Payment Handle within the Service.
You represent and warrant that: (i) you own or have all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the license set forth above; (ii) your User Content does not violate any third-party right, including intellectual property rights, rights of publicity, or rights of privacy; (iii) you have obtained any necessary consents from individuals depicted in any photograph or image you upload; and (iv) your User Content complies with these Terms and all applicable laws. You are solely responsible for your User Content and the consequences of submitting it. With respect to any Payment Handle, you additionally represent and warrant that (1) the Payment Handle is associated with an account that you personally own and control; (2) you have the right under the terms of the applicable third-party payment service to display the Payment Handle in this manner; and (3) your posting and display of the Payment Handle does not violate any applicable law or the terms of service of any third-party payment service.
Duck Hook takes objectionable content seriously. The Service provides (i) a mechanism for Users to filter or hide objectionable User Content; (ii) a mechanism for Users to report abusive content or other Users; and (iii) a mechanism for Users to block abusive Users. We endeavor to act on reports of objectionable content within twenty-four (24) hours of receipt by removing the content and/or ejecting the offending User. Duck Hook does not, however, pre-screen User Content and does not guarantee the accuracy, integrity, or quality of any User Content. We have no obligation to monitor User Content but reserve the right (at our sole discretion) to do so, to remove any User Content for any reason, and to terminate the account of any User who violates these Terms.
To report objectionable User Content or abusive User behavior, use the in-app reporting tool or contact Duck Hook at support@duckhook.golf. Reports should describe the content or conduct at issue and identify the User and any relevant content.
Duck Hook respects the intellectual property rights of others and expects Users to do the same. If you believe that User Content infringes your copyright, please submit a notice that complies with 17 U.S.C. § 512(c)(3) to our designated agent:
Designated DMCA Agent: Brian KrzeminskiYour notice must include: (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material and information reasonably sufficient to allow Duck Hook to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that use of the material is not authorized; and (vi) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner of the right alleged to be infringed. Counter-notification procedures are available pursuant to 17 U.S.C. § 512(g). Duck Hook may terminate the accounts of repeat infringers in appropriate circumstances.
The Service may permit Users to connect with other Users, invite other persons to use the Service, form groups, share scores, and exchange messages. You agree to use these features responsibly and in accordance with these Terms. Duck Hook is not responsible for the conduct, statements, or content of any other User, and any interactions you have with other Users are at your own risk.
Duck Hook reserves the right (but has no obligation) to monitor disputes between Users. You agree to release Duck Hook, its officers, directors, employees, agents, and affiliates from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with any dispute with another User or with any conduct or content of any other User, as further described in Section XVI.
Certain features of the Service are made available to tournament organizers (including but not limited to golf professionals and event hosts) on a paid subscription basis ("Subscription Services"). End-User scorekeeping use of the Service is free of charge.
Pricing, billing cycles, included features, and applicable taxes for Subscription Services are presented at the time of purchase and may be updated from time to time. SUBSCRIPTIONS ARE BILLED ON A RECURRING BASIS AT THE INTERVAL SELECTED BY YOU (e.g., monthly or annual) AND AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME LENGTH UNTIL CANCELED. By purchasing a subscription you authorize Duck Hook (or the applicable app store) to charge your selected payment method on a recurring basis until you cancel.
You may cancel a subscription at any time. Cancellation takes effect at the end of the then-current billing period; you will continue to have access to the Subscription Services until the end of that period. To avoid being charged for the next billing cycle, you must cancel before the renewal date. Cancellation procedures depend on where you purchased the subscription: subscriptions purchased through the Apple App Store must be canceled through your Apple ID account settings, and subscriptions purchased through Google Play must be canceled through your Google Play account; subscriptions purchased directly from Duck Hook may be canceled through your account settings on the Service or by contacting support@duckhook.golf.
Except as required by applicable law or as expressly stated in the applicable app store's refund policy, ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE, including for partially used billing periods. For subscriptions purchased through the Apple App Store or Google Play, refund requests are handled in accordance with the applicable store's policies.
Duck Hook reserves the right to change pricing for Subscription Services at any time. We will provide notice of any price change in advance of the change taking effect; the new price will apply to billing cycles beginning after the effective date of the change. Your continued use of the Subscription Services after a price change constitutes your agreement to the new price.
If you download or install the Duck Hook application from the Apple App Store or Google Play Store, the following additional terms apply, in addition to all other terms in these Terms.
You acknowledge and agree that: (i) these Terms are between you and Duck Hook only, and not with Apple Inc. ("Apple"); (ii) Duck Hook, not Apple, is solely responsible for the Duck Hook application (the "Licensed Application") and its content; (iii) the Licensed Application is licensed to you on a limited, non-transferable, non-exclusive, revocable basis for use only on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions; (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application; (v) in the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application; (vi) Duck Hook (and not Apple) is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession or use of the Licensed Application, including but not limited to (1) product liability claims, (2) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement, and (3) claims arising under consumer protection, privacy, or similar legislation; (vii) in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Duck Hook (and not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such claim; (viii) you represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (2) you are not listed on any U.S. Government list of prohibited or restricted parties; (ix) you must comply with applicable third-party terms of agreement when using the Licensed Application; and (x) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
If you download the Duck Hook application from the Google Play Store, you acknowledge and agree that: (i) these Terms are between you and Duck Hook only, and not with Google LLC ("Google"); (ii) your use of the Licensed Application must comply with Google's then-current Google Play Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Licensed Application; (iv) Duck Hook, and not Google, is solely responsible for the Licensed Application; (v) Google has no obligation or liability to you with respect to the Licensed Application or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary of these Terms as they relate to your license of the Licensed Application.
If the Service offers third-party sign-in options (such as Google or Facebook), Sign in with Apple is also offered as an equivalent option in accordance with Apple's requirements. Your use of Sign in with Apple is subject to Apple's terms and privacy policies.
The Service, including all content (other than User Content), software, code, designs, graphics, logos, trademarks, service marks, trade names, and the compilation thereof, is the property of Duck Hook or its licensors and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. "Duck Hook," the Duck Hook Golf logo, and related names and marks are trademarks of Duck Hook. You may not use any Duck Hook trademark without our prior written consent. Nothing in these Terms transfers any ownership interest in the Service or any Duck Hook intellectual property to you.
You may submit suggestions, feedback, ideas, or recommendations regarding the Service ("Feedback"). You agree that Duck Hook may use any Feedback for any purpose, commercial or otherwise, without compensation or attribution to you, and you hereby grant Duck Hook a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use Feedback for any purpose.
The Service may contain links to, or interoperate with, third-party websites, applications, services, or content ("Third-Party Services") not owned or controlled by Duck Hook. Duck Hook does not endorse, guarantee, or assume responsibility for any Third-Party Service. Your use of any Third-Party Service is at your own risk and is subject to that third party's terms and policies. You acknowledge that Duck Hook is not responsible for the availability, accuracy, content, products, or services of any Third-Party Service.
THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUCK HOOK, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "DUCK HOOK PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SYSTEM INTEGRATION, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE DUCK HOOK PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; THAT ANY ERRORS WILL BE CORRECTED; OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DUCK HOOK PARTIES MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONDUCT, IDENTITY, SCOREKEEPING ACCURACY, HONESTY, OR SOLVENCY OF ANY OTHER USER; (B) THE LAWFULNESS OF ANY USER'S ACTIVITIES; (C) THE EXISTENCE, PERFORMANCE, OR SETTLEMENT OF ANY PRIVATE ARRANGEMENT BETWEEN USERS; (D) THE ACCURACY OF ANY SCORE, STATISTIC, LEADERBOARD, OR OTHER DATA; OR (E) ANY INTERACTION BETWEEN USERS.
Some jurisdictions do not allow the disclaimer of certain warranties; to that extent, the foregoing disclaimers may not apply to you, and you may have additional rights that vary from jurisdiction to jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DUCK HOOK PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, YOUR USE OF OR INABILITY TO USE THE SERVICE, THE CONDUCT OF ANY OTHER USER, ANY THIRD-PARTY SERVICE, ANY DISPUTE BETWEEN USERS, OR ANY PRIVATE ARRANGEMENT BETWEEN USERS, REGARDLESS OF THE LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), AND REGARDLESS OF WHETHER THE DUCK HOOK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE DUCK HOOK PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (I) ONE HUNDRED UNITED STATES DOLLARS (US$100); OR (II) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO DUCK HOOK FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations of liability in this Section XIII apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages; in such jurisdictions, the foregoing limitations apply to the maximum extent permitted by applicable law. You acknowledge that the limitations and exclusions in these Terms are an essential part of the bargain between you and Duck Hook, and that Duck Hook would not provide the Service without them.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE DUCK HOOK PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) ANY DISPUTE, INTERACTION, COMMUNICATION, OR TRANSACTION WITH ANY OTHER USER; (B) ANY PRIVATE ARRANGEMENT BETWEEN YOU AND ANY OTHER USER, INCLUDING ANY ALLEGED FAILURE TO PAY, SETTLE, OR PERFORM SUCH AN ARRANGEMENT; (C) THE CONDUCT, STATEMENTS, OR CONTENT OF ANY OTHER USER; (D) ANY USER-GENERATED CONTENT; (E) ANY THIRD-PARTY SERVICE; (F) YOUR VIOLATION OF ANY APPLICABLE LAW; (G) YOUR RELIANCE ON ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE; (H) ANY PAYMENT, ATTEMPTED PAYMENT, FAILED PAYMENT, PAYMENT REVERSAL, HOLD, REFUND, DISPUTE, CHARGEBACK, OR OTHER TRANSACTION BETWEEN YOU AND ANY OTHER USER, WHETHER CONDUCTED USING A PAYMENT HANDLE DISPLAYED ON THE SERVICE OR OTHERWISE; (I) ANY CONSEQUENCE (INCLUDING ACCOUNT SUSPENSION, ACCOUNT CLOSURE, FINE, OR HOLD) IMPOSED ON YOU BY ANY THIRD-PARTY PAYMENT SERVICE ARISING OUT OF OR RELATING TO YOUR USE OF ANY PAYMENT HANDLE OBTAINED THROUGH, OR ANY TRANSACTION ASSOCIATED WITH YOUR USE OF, THE SERVICE; (J) THE ACCURACY, COMPLETENESS, OWNERSHIP, OR AUTHENTICITY OF ANY PAYMENT HANDLE POSTED BY ANY OTHER USER, OR ANY RELIANCE YOU PLACE ON ANY PAYMENT HANDLE; OR (K) ANY ALLEGED OR ACTUAL VIOLATION BY YOU OR ANY OTHER USER OF THE TERMS OF SERVICE OF ANY THIRD-PARTY PAYMENT SERVICE.
If you are a California resident, you expressly waive the protections of California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You expressly waive any similar provision of any other jurisdiction.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Duck Hook Parties from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation, including without limitation any law or regulation governing gambling, gaming, wagering, money transmission, or taxation; (e) your violation of any third-party right, including intellectual property rights, rights of publicity, and rights of privacy; (f) any private arrangement between you and any other User, including any alleged failure of any party to pay, settle, or perform such an arrangement; (g) any dispute or interaction between you and any other User; (h) any payment, attempted payment, or other transaction between you and any other User, whether conducted using a Payment Handle obtained through the Service or otherwise; (i) any claim by any third-party payment service against any Duck Hook Party arising out of or relating to your conduct, including without limitation any allegation that your use of the third-party payment service violated its terms of service or any applicable law; and (j) your posting, display, or use of any Payment Handle in violation of these Terms, any applicable law, or the terms of service of any third-party payment service. Duck Hook reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Duck Hook in asserting any available defenses.
Duck Hook may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, for any reason or no reason, including for any actual or suspected violation of these Terms. Upon termination, your right to access and use the Service immediately ceases. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation Sections II, V, VI, X, XII, XIII, XIV, XV, XIX, XX, and XXII.
Duck Hook reserves the right, at any time and at our sole discretion, to modify, update, or replace these Terms. We will indicate the "Last Updated" date at the top of these Terms. If we make material changes, we will provide reasonable notice through the Service, by email, or by other reasonable means before the changes take effect. Your continued access to or use of the Service after the effective date of any modified Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop accessing and using the Service.
Notwithstanding the foregoing, no modifications to the dispute resolution provisions in Section XIX (Arbitration) shall apply to any claim of which you provided Duck Hook written notice before the effective date of the modification.
Notices to Duck Hook must be sent by email to support@duckhook.golf. Notices to you may be provided by email to the address associated with your account, by posting in the Service, by push notification, or by other reasonable means. Notice is effective upon delivery (or, for posted notices, upon posting).
Except as expressly set forth in Subsection (G) below, you and Duck Hook agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Service, your relationship with Duck Hook, or any communication between you and Duck Hook (each, a "Dispute") will be resolved exclusively through final and binding individual arbitration administered by JAMS pursuant to its then-current Streamlined Arbitration Rules and Procedures (the "JAMS Rules"), as modified by these Terms. The JAMS Rules and a fee schedule are available at www.jamsadr.com. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the "FAA"), and evidences a transaction involving interstate commerce.
The scope of this arbitration agreement is broad. Disputes subject to arbitration include, without limitation, claims arising under contract, tort, statute, regulation, ordinance, fraud, misrepresentation, or any other legal theory; claims relating to advertising or marketing; claims that arose before the effective date of these Terms (to the extent permitted by law); and claims that may arise after termination of your account or these Terms. ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, INCLUDING WITHOUT LIMITATION ISSUES RELATING TO THE SCOPE, ENFORCEABILITY, REVOCABILITY, VALIDITY, OR INTERPRETATION OF THIS ARBITRATION AGREEMENT (including any contention that all or any part of this arbitration agreement is void or voidable), EXCEPT THAT A COURT (AND NOT THE ARBITRATOR) SHALL DECIDE ANY DISPUTE CONCERNING THE ENFORCEABILITY OF THE CLASS-ACTION WAIVER IN SUBSECTION (E) AND THE MASS-FILING PROVISIONS IN SUBSECTION (J).
Before initiating arbitration, you and Duck Hook agree to attempt to resolve any Dispute informally for at least sixty (60) days. To begin this process, the party initiating the Dispute (the "Initiating Party") must send the other party a written Notice of Dispute. A Notice of Dispute from you to Duck Hook must be sent by email to support@duckhook.golf with the subject "Legal — Notice of Dispute," and must include (i) your name, address, email address, and account username; (ii) a detailed description of the nature and basis of the Dispute; and (iii) the specific relief sought. A Notice of Dispute from Duck Hook to you will be sent to the email address on file for your account. If the Dispute is not resolved within sixty (60) days after the Notice of Dispute is received, either party may commence arbitration. Compliance with this informal-resolution process is a condition precedent to commencing arbitration; arbitration filings made before completion of this process may be dismissed by the arbitrator or JAMS, and any applicable statute of limitations and fee-payment obligations shall be tolled during the informal-resolution period.
A party may initiate arbitration by filing a demand for arbitration with JAMS pursuant to the JAMS Rules. The arbitration will be conducted by a single arbitrator selected in accordance with the JAMS Rules. The arbitration will be conducted in Jefferson County, Colorado, or, at your election, by telephone, videoconference, or based solely on written submissions; the arbitrator will have the authority to determine the location of any in-person hearing. The arbitrator may award the same individual remedies that a court could award under applicable law, but the arbitrator's authority is limited to your and Duck Hook's individual claims, and the arbitrator may not award relief on behalf of any other person. The arbitrator's decision will be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.
YOU AND DUCK HOOK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON, MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS OR REPRESENTATIVE RELIEF. IF THIS CLASS-ACTION WAIVER IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR PARTICULAR RELIEF SOUGHT, THEN THAT CLAIM OR RELIEF (AND ONLY THAT CLAIM OR RELIEF) SHALL BE SEVERED FROM THE ARBITRATION AND BROUGHT IN COURT, WHILE ALL OTHER CLAIMS AND RELIEF SHALL REMAIN SUBJECT TO ARBITRATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DUCK HOOK EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
Notwithstanding the foregoing, the following matters are not subject to arbitration: (i) either party may bring an individual action in a small-claims court for claims that are within the jurisdiction of that court, provided that the matter remains in that court and is not removed or appealed to a court of general jurisdiction; and (ii) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or enjoin actual or threatened infringement, misappropriation, or violation of intellectual property rights or other proprietary rights.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, except that Duck Hook will pay all such fees for claims totaling less than US$10,000 unless the arbitrator determines that your claim is frivolous, brought for an improper purpose, or asserted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the payment of all such fees shall be governed by the JAMS Rules and the parties agree to reimburse Duck Hook for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules.
You may opt out of the arbitration agreement in this Section XIX by notifying Duck Hook in writing within thirty (30) days after first accepting these Terms (or, if you are an existing User as of the effective date of these Terms, within thirty (30) days after that effective date). To opt out, you must send written notice by email to support@duckhook.golf with the subject "Legal — Arbitration Opt-Out," that includes (i) your name; (ii) your address; (iii) the email address and username associated with your account; and (iv) a clear statement that you wish to opt out of the arbitration agreement. Your opt-out notice must be sent within the 30-day window. If you opt out, all other terms of these Terms (including, without limitation, the class-action waiver, jury-trial waiver, and Section XX governing law and forum) will continue to apply. Opting out of arbitration will not affect any other arbitration agreement that you may have with Duck Hook.
If twenty-five (25) or more demands for arbitration are filed against Duck Hook by or with the assistance of the same law firm, group of law firms, or organized entities and assert substantially similar claims, you and Duck Hook agree that these claims constitute "Mass Filings" and shall be administered in accordance with the procedures in this Subsection (J). Mass Filings shall be administered as follows: (1) Counsel for the claimants and counsel for Duck Hook shall each select up to ten (10) cases per side (twenty (20) cases total) to proceed first in an initial bellwether arbitration process. (2) During the bellwether process, all other arbitration demands within the Mass Filing shall be held in abeyance and the applicable statute of limitations shall be tolled for those demands. (3) After the bellwether cases have been arbitrated, the parties and counsel shall engage in a single mediation, with a mediator mutually selected by counsel, in an effort to resolve the remaining cases globally. (4) If the parties cannot resolve the remaining cases through mediation, the parties shall confer regarding next steps for the remaining cases, which may include continued arbitration in additional bellwether tranches, individual filings, or another mutually agreeable process. (5) No party may file or be assessed filing fees for any Mass Filing arbitration during the bellwether and mediation process, and neither JAMS's nor any other administrator's fee schedule shall apply to require Duck Hook to pay filing or administration fees for any case held in abeyance during that process. (6) A court of competent jurisdiction shall have exclusive authority to enforce this Subsection (J), and either party may seek a stay of arbitration pending compliance with these procedures.
If any portion of this Section XIX (other than the class-action waiver in Subsection (E)) is found to be unenforceable, the unenforceable portion shall be severed and the remainder of this Section XIX shall continue in full force and effect. If the class-action waiver in Subsection (E) is found to be unenforceable as to any claim or relief, see Subsection (E) for the consequence.
These Terms and any Dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-laws principles, except that the FAA governs the interpretation and enforcement of the arbitration agreement in Section XIX. The U.N. Convention on Contracts for the International Sale of Goods does not apply. For any Dispute not subject to arbitration (including any Dispute brought after opt-out, any Dispute in small-claims court, any action to compel arbitration or enforce an arbitration award, and any action for injunctive or equitable relief regarding intellectual property), you and Duck Hook agree to the exclusive personal jurisdiction and venue of the state and federal courts located in Jefferson County, Colorado, and you waive any objection based on inconvenient forum.
These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Duck Hook regarding the Service and supersede all prior or contemporaneous understandings.
If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Duck Hook's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
You may not assign or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. Duck Hook may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment in violation of this provision is void.
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Duck Hook.
Duck Hook shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including without limitation acts of God, war, terrorism, pandemic, civil disturbance, governmental action, natural disasters, internet or telecommunications outages, or supplier failures.
Headings are for convenience only and do not affect interpretation. The words "including," "include," and "such as" are illustrative, not limiting. Ambiguities, if any, shall not be construed against the drafter.
By using the Service, you consent to receive communications from Duck Hook electronically. We will communicate with you by email, in-app notification, or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Questions or comments about these Terms may be directed to:
Duck Hook Golf, LLC
Duck Hook Golf