Please carefully read these Links Golf Club Membership Supplemental Terms of Use (“Links Golf Club Membership”). These Links Golf Club Membership Terms, along with the LinksDAO Terms of Service (“Links Terms”) made available at https://linksdao.io/terms-of-service, constitute a binding, contractual agreement between you and LinksDAO Inc. (“Links”, “we”, “us” or “our”) governing your use of the Links Golf Club Membership and the Membership Services (as those terms are defined below). For clarity, Services, as defined in the Links Terms, include the Links Golf Club Membership and the Membership Services. To the extent you are purchasing a Membership as a gift for a user other than yourself (a “Gift Membership”) these terms will still apply to you with the exception of Section 2. Registration. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Links Terms.
These Links Golf Club Membership Terms are hereby incorporated into the Links Terms, and, to the extent applicable, the Links Terms shall apply to your use of the Links Golf Club Membership and the Membership Services (as those terms are defined below). To the extent that there is any conflict between any term or condition set forth in these Links Golf Club Membership Terms and any term or condition set forth in the Links Terms, the term or condition set forth in these Links Golf Club Membership Terms will prevail, but solely to the extent such conflict exists.
We may at our sole discretion modify these Links Golf Club Membership Terms on a going-forward basis. We will post above notice of the date of the most recent update.
Except as described below, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to register for our services. If you are entering into these Terms of Use or Links Terms on behalf of an individual under the age of 18, you represent, warrant and covenant that you have the authority to do so on behalf of such individual and anyone else who has legal rights regarding such individual. You agree to these Terms of Use or Links Terms, on your own behalf, as well as on behalf of such minor individual and you agree to be responsible for the acts and omissions of such minor individual. You agree to indemnify and hold harmless Links from and against any damages or claims arising out of or relating to (i) such acts and/or omissions and (ii) any actual or alleged breach of the terms of this paragraph.
1. LINKS GOLF CLUB MEMBERSHIP.
By registering for a Links Golf Club Membership (the “Links Golf Club Membership”), you may become eligible for certain perks, content, resources, benefits, and services offered by Links (the “Membership Services”). Please regularly check the Links website for a complete list of the currently-offered Membership Services.
2. REGISTRATION.
2.1 Registering Your Account. In order to access certain features of the Membership Services you may be required to register an account on the Membership Services (“Account”).
2.2 Registration Data. In registering an account for the Membership Services, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
2.3 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Links. Furthermore, you are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Membership Services by minors. You may not share your Account or password with anyone, and you agree to notify Links immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Links has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Links has the right to suspend or terminate your Account and refuse any and all current or future use of the Membership Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. You agree not to create an Account or use the Membership Services if you have been previously removed by Links, or if you have been previously banned from any Service, including the Membership Services.
2.4 Necessary Equipment and Software. You must provide all devices and other equipment necessary to access or use the Membership Services. You are solely responsible for any fees, including internet connection or mobile fees, that you incur in connection with your use of the Membership Services.
3. PAYMENT TERMS.
3.1 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable for the Membership Services. You must provide Links with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) of a payment provider (each, a “Payment Provider”) as a condition to signing up for the Membership Services. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. You agree to immediately notify Links of any change in your billing address or the credit card used for payment hereunder. Links reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you.
3.2 Payment Processor. Links uses a third-party payment processor to process payments (“Payment Processor”). By submitting your payment information to or through our Payment Processor, you authorize us to charge your Payment Provider.
3.3 Membership Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Membership Fee”) at the time you create your Account or purchase a Gift Membership and select your payment package (each, a “Membership Commencement Date”). Except as set forth in these Links Golf Club Membership Terms, all Membership Fees for the Membership Services are non-refundable. No contract will exist between you and Links for the Membership Services until Links accepts your order by a confirmatory e-mail or other appropriate means of communication.
3.4 Taxes. The payments required under Section 3.3 (Membership Fees) of this Agreement do not include any Sales Tax that may be due in connection with the Membership Services. If Links determines it has a legal obligation to collect a Sales Tax from you in connection with the Membership Services, Links may collect such Sales Tax in addition to the payments required under Section 3.3 (Membership Fees) of the Links Golf Club Membership Terms. If any Membership Services, or payments for any Membership Services, are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Links, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Links for any liability or expense Links may incur in connection with such Sales Taxes. Upon Links’ request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
4. AUTOMATIC RENEWAL.
4.1 Automatic Renewal. Your Links Golf Club Membership will continue indefinitely until terminated in accordance with the Links Golf Club Membership Terms unless otherwise specified at purchase. After your initial membership period, and again after any subsequent membership period, your membership will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Links’ then-current price for such membership. You agree that your Account will be subject to this automatic renewal feature unless you cancel your membership at least fifteen (15) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Links that your membership will be automatically renewed, you will have thirty (30) days from the date of the Links notice). If you do not wish your membership to renew automatically, or if you want to change or terminate your membership, please contact Links at support@linksdao.io. If you cancel your membership, you may use your membership until the end of your then-current membership term; your membership will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period. By subscribing, you authorize Links to charge your Payment Provider now, and again at the beginning of any subsequent membership period. Upon renewal of your membership, if Links does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Links may either terminate or suspend your membership and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).