Terms and Conditions

Terms and Conditions

By agreeing to use the services (the “Service”) provided by https://perfectgolfevent.com and https://perfectsilentauction.com and operated by Golf Planner Pro, LLC dba PerfectGolfEvent.com (“us”, “we”, or “our”), you as the “Event Organizer” (“you” or “your”) consent and agree to be bound by the Privacy Policy that governs the use of information we obtain in connection with your use of the Service and the following terms and conditions (the “Terms and Conditions” or “Terms”):

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. Failure to agree to the Terms or abide by any part of the Terms shall result in the termination of your access to the Service.

1. Definitions. The following terms used in these Terms and Conditions shall have the meanings provided herein. Any terms not defined in this Section shall have the meanings set forth elsewhere in these Terms and Conditions:

“Account” shall mean the unique online account that you create upon registering for the Service and which stores all information pertaining your Event, including Event Organizer Information, Event Registrant Information, and any information relating to any sponsors, and any charitable organizations with which you partner in the process of organizing your Event.

“Agreement” shall refer to your engagement of the Service subject to the Terms and Conditions provided herein, the Privacy Policy, and the Payment Services Agreement.

“Authorized User” shall mean an individual at or above the age of 18 (either an employee or an authorized third-party agent of Event Organizer) with rights to access Event Organizer’s Account and direct disbursement of Funds.

“Content” shall mean any material, such as audio, video, text or images, that is loaded or imported into the Service by you or on your behalf, including any posts, links, visual representations, text, graphics, or other material relating to any of the foregoing that you use in the process of advertising or publicizing your Event.

“Copyright” shall mean all copyrights, copyright registrations and applications for copyright registrations, including all renewals and extensions thereof, all rights to recover for past, present or future infringements thereof, and all other rights whatsoever accruing thereunder or pertaining thereto throughout the world.

“Event” shall mean the golf event hosted by you as the Event Organizer and for the organization of which you have requested access to the Service through the creation and management of an Account.

“Event Organizer” shall refer to you as the owner of an Account.

“Event Organizer Information” shall mean the information that you provide upon creating your Account, including any payment information and personal information you disclosed to us during the creation of your Account and for the payment of any Service Fees.

“Event Registration” shall mean the right to participate in the Event of the Event Organizer that Event Registrant’s receive as a result of registering for the Event and paying a Registration Fee.

“Fees” shall mean the fees associated with Service, including the Service Fee, Processing Fee, and Holding Fee, as applicable, in addition to all other costs and charges permitted by the Agreement. Fees may be charged on a one-time or recurring basis.

“Intellectual Property” shall mean all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

“Hole-in-One Insurance” shall mean an insurance policy provided through a written agreement with a third-party underwriter to protect Registration Funds against the risk of loss from a Player’s performance under any Promotion.

“Holding Fee” shall refer to the monthly fee that we assess on any unspent or undisbursed funds collected in the process of selling registrations to an Event hosted by you as the Event Organizer. The Holding Fee shall be the greater of three percent (3.0%) or $25 per month to be applied as specified in Section 12 “Undisbursed Registration Funds.”

“Payment Services Agreement” shall mean the Agreement pursuant to which you agree to allow us to collect Registration Fees on your behalf in exchange for a Processing Fee and to disburse all collected Registration Funds to you on the request of an Authorized User.

“Payment Services” means our payment processing and billing-related services as may be made available through the Service and as governed by the Payment Services Agreement.

“Processing Fee” shall refer to the fee that we assess on each transaction for which you authorize us to provide Payment Services. The Processing Fee is 3.9% of each Registration Fee.

“Privacy Policy” shall mean the terms that govern the use and storage of Event Organizer Information and Registrant Information that accompany these Terms and Conditions.

“Promotion” shall mean, individually and collectively, any contests, sweepstakes or other promotions made available through the Service that may be governed by rules that are separate from these Terms and Conditions.

“Registrant” or “Event Registrant” shall mean an individual who registers for an Event and who pays a Registration Fee to participate in the Event.

“Registrant Information” shall mean the information each Registrant provides to you through our Service, including such Registrant’s personal identifying information such as his or her name and mailing address and such Registrant’s payment information.

“Registration Proceeds” shall mean the money collected from each individual Registrant for your Event.

“Registration Funds” or “Funds” shall mean the collective Registration Proceeds collected from Registrants in the process of organizing an Event.

“Service Fee” shall mean the fee you pay to us for any Promotions that you elect to host at your Event, together with any merchandise and services you elect to purchase under our graduated fee structure.

“Website” shall mean the customized website or websites that we design and build for use in connection with the Service. In certain instances, you will already have or choose to develop your own website and integrate the Service with such website.

• Communications. By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

• Purchases. If you wish to purchase (the “Purchase”) any product or service made available through the Service, you may be asked to supply certain Event Organizer Information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with your Purchase; and that (ii) the Event Organizer Information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

• Availability, Errors and Inaccuracies. Our service offerings on the Service remain subject to regular updates and revision. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Information relating to products or services we provide may not reflect the latest changes to such products and services and we do not guarantee the accuracy or completeness of any information found on the Service.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

• Contests, Sweepstakes and Promotions. The rules of any Promotions provided to you in connection with the Service may be governed by rules that conflict with these Terms and Conditions and/or the Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules shall apply.

• Content. Our Service allows you to post, link, store, share and otherwise make available certain Content online and/or on your Website. You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

We shall have the right, but not the obligation, to monitor and edit all Content Event Organizers use, share, post, or link to in the process of using the Service.

In addition, Content found on or through this Service shall be our property and property of the Service or is used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without our prior written consent.

• Insurance. You have the right to purchase Hole-In-One Insurance from a third-party underwriter of our choice to insure against the risk of loss relating to a Registrant’s performance pursuant to the terms of any Promotion we provide through the Service.

Additionally, you have the right to purchase weather insurance to protect against the risk of an unforeseen weather event delaying or resulting in the cancellation of your Event (“Weather Insurance,” and together with Hole-In-One Insurance, “Insurance”).

No policy for Insurance shall be effective unless such policy shall have been confirmed by an Authorized User in writing.

• Accounts. You represent and warrant that you are at or above the age of 18, and that all Event Organizer Information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate Accounts, remove or edit Content, or cancel orders in our sole discretion.

• Authorized User. Each Event Organizer shall designate one individual at or above the age of 18 to act on behalf of the Event Organizer in communications with us as its Authorized User. The Authorized User shall be the sole individual with the authority to direct disbursement of Registration Funds pursuant to our Disbursement Policy.

1. Non-Escrow Account. We hold all Registration Funds and donations you collect (the “Funds”) in an account that we use in our operations and in providing the Service. Such Funds are not held in a separate escrow account. We make all disbursements of the Registration Funds to you or to a charity of your choice from this account.

1. Disbursement Policy. To authorize the disbursement of Registration Funds, we require you to access the “Manage Payments” tab on the Service and follow the prompt to “Request Funds.” The authority to authorize disbursement of Funds shall be solely with the Authorized User. We will not disburse Funds to the bank account of any charity or of the Event Organizer unless we receive direction from an Authorized User.

1. Undisbursed Registration Funds. Registration Funds that you collect from Event Registrants or from donations are held in one of our bank accounts until an Authorized User directs the disbursement of such funds to an external account of the Event Organizer’s choice. Any Registration Funds that the Event Organizer has not expended or disbursed are “Undisbursed Registration Funds.” Starting one calendar year after an Event has concluded, any Undisbursed Registration Funds shall be subject to a monthly Holding Fee of the greater of 3% or $25 per month to be drawn from the Undisbursed Registration Funds. The Holding Fee shall apply until an Authorized User directs the disbursement of such Undisbursed Registration Funds or until the balance of the Undisbursed Registration Funds reaches $0.

Additionally, we may earn interest on the balance of any Undisbursed Registration Funds we hold in our bank account. Any interest that accumulates shall remain our property, notwithstanding the subsequent disbursement of such Funds.

1. Payment Services. We offer optional Payment Services pursuant to which we collect Registration Fees paid via electronic means, such as by credit card, and disburse all Registration Funds at the direction of the Authorized User. All Registration Fees collected using our Payment Services are subject to a 3.9% Processing Fee. All Event Organizers who elect to use our Payment Services agree to the terms of the Payment Services Agreement.

1. Peer to Peer (P2P) Payment Services. To ensure the safety and security of our Service, we do not accept payments from “Peer to Peer Payment Services,” which include, but are not limited to Venmo, Zelle, Cash App, and Paypal. Additionally, we disclaim all liability for the loss of Registration Funds resulting from an Event Organizer’s use of such Peer to Peer Payment Services in lieu of, or in addition to, our Payment Services.

1. Copyright Policy. It is our policy to respond to any claim that Content posted on the Service infringes on the Copyright or other Intellectual Property rights (“Infringement”) of any person or entity.

If you are a Copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes Copyright Infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be responsible for damages (including costs and attorneys’ fees) stemming from false representation or bad-faith relating to the use of Content on our Service for which a Copyright exists.

1. DMCA Notice and Procedure for Copyright Infringement Claims. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright department (“Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the Copyright; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the Copyright owner or authorized to act on the Copyright owner’s behalf.

You can contact our Copyright Agent via email at [email protected]

1. Intellectual Property. The Service and its original Content (excluding Content provided by users), features and functionality are and shall remain our exclusive property and the property of our licensors. The Service is protected by Copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

1. Links to Other Websites. Our Service may contain links to third party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the Content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

1. Termination. We reserve the right to terminate or suspend your Account and bar access to the Service as provided in these Terms and Conditions. Notwithstanding the foregoing, we reserve the right to immediately terminate your Account at any time, without prior notice or liability, under our sole discretion, for any reason and without limitation.

If you wish to terminate your Account, you may simply discontinue using the Service. If your Account remains unused for a period of one year, we will automatically close your Account.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

• Refunds. On termination of your Account, we shall return all Funds collected in connection with your Event to you as the Event Organizer through an electronic funds transfer to a bank account that you designate, or by another other disbursement mechanism available through the Service. The obligation to refund all Registration Proceeds and donations you receive from us to Event Registrants and donors, and any liability incurred with respect to such Funds, shall remain with you as the Event Organizer. If any Event Registrant rejects or denies the charges, the responsibility for reimbursement of Registration Proceeds shall remain with you as the Event Organizer.

• Indemnification. You agree to defend, indemnify and hold harmless us and any of our licensees and licensors and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your Account and password; b) a breach of these Terms, or c) Content posted on the Service.

Additionally, you agree to defend, indemnify and hold us harmless for any demands for refund of Registration Fees from Event Registrants made before, during, or after any Event for which you are the Event Organizer.

• Limitation of Liability. In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

• Disclaimer. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

• Governing Law. These Terms shall be governed and construed in accordance with the laws of the state of Florida, without regard to its conflicts of law principles.

• Venue. Any disputes relating to the Service shall be resolved in such state courts having jurisdiction over Jacksonville, Florida or in the U.S. District Court of the Middle District of Florida.

• Non-Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

• Severability. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

• Entire Agreement. These Terms and the Privacy Policy together constitute the Agreement and supersede and replace any prior agreements we may have entered into regarding the Service.

• Modification. We reserve the right, at our sole discretion, to change, amend, modify or replace part or all of these Terms (the “Modifications”)  at any time. We shall provide at least 30 days’ notice regarding any material Modifications before such to any new terms taking effect. We retain sole discretion to determine what constitutes a material Modification.

By continuing to access or use our Service following any Modifications, you agree to be bound by the revised Terms. If you do not agree to the Terms as modified, your access to the Service shall terminate.

• Contact Us. For all inquiries relating to these Terms, you may contact us using the information provided on the Service.