Terms of use

Introduction
Two-Nines Golf Company, LLC (“TNG”, “we”, or “us”), provides an online golf club sharing platform that connects golf club owners with travelers and locals seeking to book those golf clubs. TNG is accessible online including at twoninesgolfrentals.com. The TNG websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other TNG users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and TNG.
These Terms, together with other policies constitute the “Agreement” between you and TNG (each a “Party” and together, “the Parties”).
Modification. TNG reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your TNG Account within 30 days. If you choose to close your TNG Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.
Eligibility, registration, verification
Eligibility
The Services are intended solely for renters who are 18 years of age or older in the location where the golf club is booked and listers who are 18 years of age or older. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.
Registration
To access certain features of the Services, you must sign up for an account with us (a “TNG Account”). You can create a TNG Account by providing us your first and last name, email address, and creating a password. When you book a golf club as a traveler or renter (“renter”), you provide us with certain additional information about yourself. Similarly, when you list a golf club as a golf club owner or lister (“lister”), you provide us with certain additional information about yourself and your golf club(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your TNG Account up to date at all times. Based on information you provide, TNG may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements.
Verification
Where permitted, TNG has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to verify golf club details. TNG does not endorse any golf club, user, or a user’s background, or commit to undertake any specific screening process. TNG may permit or refuse your request to book or list a golf club in its sole and absolute discretion.
Fees, taxes
Fees
The fees we charge for using the Services and other cost structures will be itemized at checkout for renters. When you provide TNG a payment method, you authorize TNG, or third-party service providers acting on behalf of TNG, to store your payment credential for future use in the event you owe TNG any money. You authorize TNG to use stored payment credentials for balances (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.
Collection of fees
TNG and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. TNG, or the collection agencies we retain, may also report information about your TNG Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your TNG Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges.
Your commitments
You agree that you will always use your TNG Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by TNG.
Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your TNG Account. Keep your TNG Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your TNG Account, whether or not you have authorized such activities or actions. You will immediately notify TNG of any actual or suspected unauthorized use of your TNG Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your TNG Account unless you have reported unauthorized access to us.
Content
TNG Content and User Content License. Subject to your compliance with the provisions of these Terms, TNG grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any TNG and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TNG or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your golf club(s), reviews, feedback, and descriptions of you, your golf club, or rental. By making available any content on or through the Services, or through TNG promotional campaigns, you grant TNG a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to TNG photography provided to listers, TNG does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate TNG Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws.
Prohibited activities
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
• Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
• Post false, inaccurate, misleading, defamatory, or libelous content
• Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to TNG, or that comes from the Services and belongs to another TNG user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of TNG
Dilute, tarnish, or otherwise harm the TNG brand in any way, including:
• Through unauthorized use of the Services and/or user content
• Registering and/or using "TNG" or “Two-Nines Golf” or derivative terms in domain names, trade names, trademarks, or otherwise
• Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to TNG domains, trademarks, taglines, promotional campaigns, or TNG and/or user content
Provide or submit any false or misleading information, including:
• False name, date of birth, payment method, or other personal information
• In relation to a claim (for example about damage to a golf club)
• By registering for a TNG Account on behalf of an individual other than yourself or the company you represent
• Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
• Fail to pay fees, penalties, or other amounts owed to TNG or another user
• Fail, as either a renter or lister, to timely deliver, make available, or return any golf club, unless you have a valid reason
• Use the Services to find a lister or renter, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by TNG (aka, gray market transactions, which do not necessarily require the exchange of money)
• Transfer your TNG Account and/or user ID to another party without our consent
Harm or threaten to harm users of our community, including:
• Harass, stalk, or defame any other TNG user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a lister or renter in accordance with these Terms
• Engage in physically or verbally abusive or threatening conduct
• Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
• Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the TNG community
• Sue or assert legal claims against TNG or a TNG user in any manner prohibited or waived by these Terms
Use the Services for your own unrelated purposes, including to:
• Contact another TNG user for any purpose other than in relation to a booking, golf club, listing, or the use of the Services by such user
• Commercialize any content found on the Services or software associated with the Services, including reviews
• Harvest or otherwise collect information about users without their and our consent
• Recruit or otherwise solicit any user to join third-party services or websites that are competitive to TNG, without our prior written approval
Interfere with the operation of the Services, including by:
• Interfering with any other user’s listings
• Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
• Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm TNG or the interests or property of others
• Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
• Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
• Using, displaying, mirroring, or framing the Services or any individual element within the Services, the TNG name, any TNG trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of TNG
• Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
• Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
• Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by TNG or any of our service providers or any other third party (including another user) to protect the Services
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
• Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
• Endeavoring to circumvent a suspension, termination, or closure of your TNG Account or the account of another TNG user, including, but not limited to, creating a new TNG Account or listing golf clubs affiliated with or registered to a TNG Account holder that has been suspended, terminated, or closed
Other legal matters
Violations. TNG has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
TNG reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that TNG, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing TNG, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your TNG Account and access to the Services, remove listed content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. You agree that TNG may contact you by electronic means (e.g., electronic mail; notifications via TNG messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your TNG Account or TNG Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where TNG is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize TNG and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with TNG or its agents for quality control, training, or other purposes. You understand and agree that your communications with TNG may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead in writing through support@twoninesgolf.com. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. TNG is not an insurance company and does not insure listers or renters. Lister and renter protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, listers and renters must comply with these Terms. Protection plans are available through the Services only in the United States.
Specific terms for renters
The following sections also apply if you book a golf club using the Services:
Guest commitments
As a renter, you commit that you will treat the golf club(s) well and will take all reasonable measures to return the golf club(s) on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the order details to use the golf club you booked.
Guest financial responsibility for physical damage to the golf club
The renter that booked the golf club(s) (“primary renter”) is financially responsible for all physical damage to or theft of a booked golf club that occurs during a rental, plus any additional costs and fees resulting from damage of any kind to the golf club, regardless of who is found to be at fault.
When you book a golf club on TNG, you agree that if any damage occurs to the booked golf club during the booked trip, you will work with TNG to correct the issues.
The primary renter can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked golf club during the booked trip by choosing a protection plan on the Services.
Use of the golf club
When you book a golf club on the Services, you must use the golf club only for your personal use and not for any commercial purposes (e.g. renting to other people) unless you have express written permission from the TNG Legal Department in advance. You may not access a golf club until the start time and you must return the golf club on time and to the correct location. You must exercise reasonable care in your use of the golf club. In the event TNG has any concern about your use of a golf club, TNG may terminate your booking in its discretion at any time and require the return of the golf club, including recovering the golf club on behalf of the lister. If you have any concerns about your planned use, please contact support@twoninesgolf.com. If you misuse a golf club, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided.
Condition of the golf club
You understand that third parties own the golf clubs offered through the Services. Please complete a visual inspection before you begin your use of the golf club. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your booking as to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, TNG, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the golf club is not in condition to be used, please do not use the golf club; instead, please contact the TNG team immediately at support@twoninesgolf.com.
Incident reporting
Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the golf club you are using to TNG at support@twoninesgolf.com. Failure to timely report an incident may reduce or invalidate any protection plan received via the Services.
Golf club theft
The following conduct may result in the reporting of the golf club you have booked as stolen to law enforcement, possibly subjecting you to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
• If you fail to return the golf club you booked at the time and place agreed upon with the lister and/or designated in your reservation
• If you do not return the golf club by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services
• If the golf club is returned to any place other than the return location on the reservation or agreed upon with the lister. Any damage to, or loss or theft of, a golf club occurring prior to the lister inspecting the golf club upon return at the end of the reservation is the renter’s responsibility
• If you misrepresent facts to the lister pertaining to booking, use, or operation of golf club
A $500 case administration fee will be imposed on the primary renter if TNG and/or the lister has to report a golf club as stolen to law enforcement due to it not being returned.
Specific terms for listers
The following sections also apply if you share your golf club through the Services:
Lister commitments
As a lister, you commit that you will provide golf club(s) in the condition presented on the Services. You will provide such golf club on time. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a renter. In the event of a golf club swap, you will not require a renter to accept a higher priced golf club or force an unwanted golf club upgrade. You will not cancel a booking for the purpose of seeking a higher price from a renter. You will not offer any golf club or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party.
Golf Club information given at listing
When you sign up for TNG, you will identify golf club(s) that you want to list for sharing through the Services. You may only use the Services in connection with golf clubs that you own or otherwise have all the necessary rights and permissions to share for compensation.
Golf club availability
Once a trip is booked, you must make the golf club available or deliver the golf club as expected by the renter. If you offer the renter the option to pick up your golf club at a persistent specified location, you must supply the location of the golf club accurately to TNG and ensure that the golf club is available at that location at the beginning of the reservation period.
Pricing, earnings, and payments
You will have the ability to set and revise the golf club’s pricing as you choose. TNG will pay you the amount collected from renters that book your golf club, less the applicable fees payable to TNG. To the extent you owe TNG money for any reason, TNG also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.
Payment Processing. Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. You also agree that TNG is not liable in cases where Stripe processes a payment late or makes a mistake relating to a payment. As a condition of TNG enabling payment processing services through Stripe, you authorize TNG to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your golf club. You further agree to provide accurate and complete information about you, and authorize TNG to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. TNG reserves the right to switch payment processing vendors at its discretion.
Maintenance
You are required to regularly check your golf club for any defects. You promise that, at all times, your golf club will be in good condition. In addition, if TNG believes that your golf club does not conform to reasonable standards, TNG may notify you and reserves the right to remove or decline listing your golf club until its concerns have been resolved.
Reporting golf club damage
If you did not decline a protection plan made available via the Services, and you believe that a renter has caused any damage to your golf club, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the booking) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, TNG or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss. If TNG is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by TNG or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage.
Physical damage to your golf club
Actual cash value. If TNG, or third-party claims administrators, choose to pay you the actual cash value for your golf club in “good” conditions, you will be required to do one of the following at the sole discretion of TNG as a condition for receiving payment: (1) physically deliver the damaged golf club to TNG or a third party appointed by TNG (if applicable); or (2) retain ownership of the golf club and accept a reduction of the actual cash value equal to the value of your golf club in “value” condition. The standard for determining the actual cash value will be as determined by valueguide.pga.com.
Exclusions to physical damage reimbursement and coverage. Protection plans selected by listers on the Services do not apply to normal wear and tear to your golf club.
If you violate the Agreement, these Terms, or any of our Policies or if you submit inaccurate information about your golf club when listing it on the Services (for example, falsely represent the manufacturer, model, or quality of the golf club), any protection plan you selected will be voided. A protection will be voided under this provision even if the underlying circumstances are not directly related to the damage or harm at issue. You acknowledge that these provisions are material and that they serve to ensure your compliance. In the event your protection plan is voided, the remainder of the Agreement, these Terms, and Policies remain in effect.
Missing golf clubs
If you selected a protection plan via the Services and your golf club goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the lister, must immediately contact a TNG representative and follow his or her instructions, including cooperating with TNG, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by TNG to file a police report, you must do so within 24 hours of receiving those instructions.
Indemnification of lister
If you selected a protection plan via the Services, in the event of any claim for a loss or injury that occurs during the use of your golf club by a renter (or by TNG itself), subject to your compliance with these Terms and the Policies, TNG or its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, against such claims as required by applicable law. In connection with any indemnified claim, you are required to give TNG or its insurers prompt written notice of the claim, allow TNG sole control over the defense of the claim, and provide TNG reasonable cooperation in its defense of the claim, at TNG’s expense. If TNG or its insurers reimburses you for a lost or damaged golf club and you later receive payment for some or all of your golf club from a third party (e.g. a third party insurance company or restitution), you must reimburse TNG any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by TNG.
Dispute resolution
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND TNG HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this section.
Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and TNG agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration.
Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see "Arbitration procedures" below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Arizona will apply, without regard to its conflict of law provisions.
Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and TNG (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) and/or any other TNG user will be resolved by binding arbitration according to the procedure set forth below. Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.
Governing law. The parties agree that the substantive laws of the state of Texas apply to these Terms and the Agreement without regard to conflict of law provisions.
General provisions
Termination
You may discontinue your use of the Services at any time and TNG may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and TNG may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
No golf club transfer or assignment
Except as otherwise provided herein, renters and listers agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a golf club or optional Extras shared through the Services.
Disclaimers
TNG PROVIDES SERVICES THAT ENABLE THE SHARING OF GOLF CLUBS BETWEEN LISTERS AND RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, TNG DOES NOT ITSELF PROVIDE GOLF CLUB SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, TNG EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TNG makes no warranty that the Services, including, but not limited to, the listing and/or any golf club, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. TNG makes no warranty regarding the quality of any listings, golf clubs, listers, renters, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from TNG, TNG Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of liability and waiver
EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST TNG AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “TNG PARTIES”) AND ANY TNG USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) GOLF CLUB AVAILABILITY (E.G., A GOLF CLUB NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A GOLF CLUB (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A GOLF CLUB), (3) GOLF CLUB WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE GOLF CLUB), (4) THE LEGAL OR LICENSE STATUS OF A GOLF CLUB, LISTER, OR RENTER, (5) THIRD PARTY ASSESSMENTS OF A GOLF CLUB'S VALUE, OR (6) ANY ACTION OR INACTION OF A LISTER OR RENTER.
YOU AGREE THAT NEITHER TNG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY GOLF CLUB VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.
Except for our obligations to pay amounts to applicable listers or renters pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the TNG Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the lesser of (1) the amounts you have paid or owe for bookings via the Services as a renter in the twelve month period prior to the event giving rise to the liability, or if you are a lister, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.
EXCEPT WHERE PROHIBITED BY LAW, YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY TNG USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TNG AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
Indemnification
You agree to release, defend, indemnify, and hold TNG and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a golf club or creation of a listing for a golf club. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a golf club. This indemnification provision is a fundamental element of the basis of the bargain between TNG and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
Liquidated damages
You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for TNG to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the TNG domains, trademarks, or taglines without TNG's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the TNG Parties or a TNG user in any manner prohibited or waived herein, (4) as a lister, offering any golf club that is the subject of a missing or stolen golf club report, (5) as a lister, offering any golf club or releasing a golf club to a renter that is not in usable condition, (6) as a lister, cancel or modify a trip to manipulate the price or potential earnings for a golf club, or (7) creating or using a TNG account that has the effect of circumventing TNG’s suspension, termination, or closure of another TNG account. You will pay TNG $1,500 per breach in Liquidated Damages to compensate TNG for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between TNG and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
Not a golf club rental company; no golf club leasing
TNG is not a golf club rental company. It does not own a warehouse of golf clubs and is not in the business of renting golf clubs to the public. TNG also is not providing short- or long-term golf club leases. TNG provides an online platform where golf club owners and those in need of a golf club can meet and share golf clubs amongst themselves subject to these Terms.
Rounding off; currency
TNG may, in its sole discretion, round up or down amounts that are payable from or to listers or renters to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law. The currency displayed on the Services is based on the search location, golf club location, and/or lister location.
Contact us
TNG can be contacted at 15802 Medina Lake Ln, Cypress, TX 77429. If you have any questions for us concerning the Agreement, or TNG generally, please contact us at support@twoninesgolf.com.
Severability and non-waiver
In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.
General
TNG does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of TNG and TNG will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.
The Agreement, including these Terms, states the entire understanding between you and TNG concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your golf clubs on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of TNG. You will remain responsible for your obligations hereunder in any event. A TNG director or officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.