1. Scope — Who These Terms Apply To
These Terms apply to everyone who accesses or uses any part of the Service, whether or not they have a paid subscription. Three categories of person are addressed:
Subscriber — the organization, club, association, or other entity that enters into a ClubForge subscription, as identified during account setup.
Authorized User — any individual who accesses the Service using login credentials issued under a Subscriber’s ClubForge organization. This includes club members and golfers who register or activate an account through a Subscriber’s ClubForge site, as well as administrators, officers, and volunteers. Where these Terms refer to a “member” of a Subscriber organization, that person is an Authorized User.
Visitor — any other person who accesses the ClubForge public website, or any public organization website, page, calendar, roster, results listing, or contact form hosted by ClubForge, without logging in.
“User,” “you,” and “your” mean a Subscriber, Authorized User, or Visitor, as applicable. Not every Section applies to every category:
Applies to all Users: Sections 1, 2, 14, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 31, 32, and 33.
Applies to Subscribers and Authorized Users: Sections 5, 13, 15, and 23.
Applies to Subscribers only: Sections 3, 4, 6, 7, 8, 9, 10, 11, 12, and 30.
Nothing in these Terms obligates a Visitor to pay any amount, create an account, or provide personal information. Visitors may browse public pages without subscribing.
2. Acceptance of These Terms
A Subscriber accepts these Terms by affirmatively indicating acceptance during subscription signup or account setup, or by accessing or using the paid Service. An Authorized User accepts these Terms by affirmatively indicating acceptance when activating an account or on first login. ClubForge requires that acceptance before an Authorized User may use the Service.
A Visitor accepts the Sections identified in Section 1 as applying to all Users by accessing or using the ClubForge public website or any ClubForge-hosted public organization website. If you do not agree to those Sections, do not access or use those sites.
PLEASE READ SECTION 28 CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL. IF YOU ARE A VISITOR, YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 28.7.
3. Subscriber and Authority to Accept
A ClubForge subscription is entered into by the subscribing organization, club, association, or other entity identified during account setup (the Subscriber).
If you accept these Terms or establish a subscription on behalf of a Subscriber, you represent that you are authorized to act on behalf of that Subscriber, have authority to bind the Subscriber to these Terms, and that the information you provide during subscription setup is accurate.
The individual administrator who accepts these Terms does not become the owner of the subscription merely by initiating setup. Subscription ownership belongs to the Subscriber organization.
4. The ClubForge Service
ClubForge provides software and hosted services designed to assist golf clubs and similar organizations with tournament administration, registration and player assignments, handicaps, scoring, results and reports, membership administration, public organization websites and calendars, communications, volunteer or operational administration, and related club-management functions.
Features may be added, modified, improved, or discontinued over time. ClubForge is intended to assist Subscriber operations. It does not replace the Subscriber’s responsibility for its own rules, governance, tournament decisions, membership policies, financial obligations, or legal compliance.
5. Accounts and Access
Subscribers are responsible for controlling access to their ClubForge organization and for assigning appropriate administrative roles and permissions.
Subscribers and Authorized Users must provide accurate account information, maintain the confidentiality of login credentials, use the Service only through accounts they are authorized to use, and promptly notify ClubForge of suspected unauthorized access or security incidents affecting their accounts.
6. Free Trial
ClubForge may offer eligible new Subscribers a 30-day free trial.
Unless otherwise disclosed during signup, payment information may be collected during or before the trial; no subscription charge is due during the trial period; and the subscription will automatically continue as a paid subscription at the end of the trial unless canceled beforehand. The applicable recurring subscription price will be disclosed before the Subscriber accepts the subscription. Before the Subscriber is charged, ClubForge will present the automatic-renewal nature of the subscription, the recurring price and billing frequency, and the method of cancellation clearly and conspicuously, and will obtain the Subscriber’s affirmative consent to the paid subscription. A Subscriber may cancel at any time before the trial ends to avoid being charged, using the cancellation method described in Section 10.
A free trial is generally available only once per Subscriber unless ClubForge expressly authorizes otherwise.
7. Subscription Fees and Recurring Billing
ClubForge subscriptions are billed on a recurring basis. ClubForge offers subscriptions at different price levels. The price, billing frequency, and any other billing terms applicable to a Subscriber are those expressly presented to, and accepted by, that Subscriber at signup, and as later changed in accordance with these Terms.
By beginning a paid subscription, the Subscriber authorizes ClubForge and its payment processor to charge the payment method associated with the subscription for recurring subscription fees, applicable taxes, and other amounts expressly agreed to.
8. Payment Processing
ClubForge uses Stripe to provide payment processing and hosted billing-management services. Payment-card and bank-account credentials are provided directly to Stripe and are not stored by ClubForge.
The Subscriber is responsible for maintaining a valid payment method and accurate billing information.
9. Failed Payments and Past-Due Accounts
If a recurring payment fails, the subscription may enter a past-due, unpaid, incomplete, or similar billing state. ClubForge or Stripe may retry the payment, notify the Subscriber, request updated billing information, restrict some or all access if nonpayment continues, or terminate the subscription if payment is not resolved.
ClubForge will not automatically delete Subscriber data merely because a payment fails or a subscription becomes past due.
10. Cancellation
Subscribers may cancel their subscription using the billing-management tools made available through ClubForge or Stripe.
Unless otherwise disclosed, cancellation may take effect at the end of the then-current billing period; the Subscriber remains responsible for fees already incurred; access may continue through the effective cancellation date; and cancellation does not automatically erase organization or member data.
11. Restarting a Subscription
A Subscriber whose subscription has ended may be permitted to restart the subscription through ClubForge. Unless ClubForge expressly provides otherwise, restarting does not create a new free-trial entitlement, may require completion of a new Stripe Checkout session, and resumes billing under the then-current subscription price and terms presented at restart.
12. Subscriber Data
As between ClubForge and the Subscriber, the Subscriber retains its rights in the data, content, records, documents, images, member information, tournament information, and other materials it provides to or creates through ClubForge (Subscriber Data).
The Subscriber grants ClubForge the rights reasonably necessary to host, process, transmit, display, back up, and otherwise use Subscriber Data solely to provide, secure, support, and operate the Service and to comply with legal obligations.
ClubForge does not acquire ownership of Subscriber Data merely because that data is stored in the Service.
13. Member and Personal Information
Subscribers are responsible for determining what member and other personal information they provide to ClubForge and for having appropriate authority to provide and use that information. The Subscriber is responsible for its own notices, permissions, consents, organizational rules, and legal obligations concerning member information.
The Subscriber is solely responsible for determining whether any of its members or other individuals whose information it provides are under the age of 13, and for providing any notice and obtaining any verifiable parental consent required by the Children’s Online Privacy Protection Act (“COPPA”) or other applicable law before providing such information to ClubForge or using ClubForge to collect it. By providing such information, the Subscriber represents that it has the authority to do so and that any required consent has been obtained. ClubForge does not independently verify the age of individuals whose information a Subscriber provides. A Subscriber, or a parent or guardian, may request removal of a particular individual’s information by contacting ClubForge at privacy@clubforgegolf.com, and ClubForge will remove that information from the Service within a reasonable period after receiving the request. ClubForge may also decline to process, or may remove, information it reasonably believes was provided without a required consent.
ClubForge will handle personal information according to its Privacy Policy.
14. Public Websites and Subscriber Content
Where ClubForge allows Subscribers to publish public organization websites, pages, documents, images, announcements, or other material, the Subscriber is responsible for the accuracy and legality of that content and for having the rights necessary to publish it.
Public organization websites, pages, calendars, rosters, results, and other Subscriber content published through the Service are created and controlled by the applicable Subscriber, not by ClubForge. ClubForge does not create, review, endorse, or verify Subscriber content and is not responsible for its accuracy, completeness, or legality. A Visitor with a question about, correction to, or objection to content published by a Subscriber should contact that organization directly. ClubForge may, but is not obligated to, act on a request concerning Subscriber content.
ClubForge may remove or restrict access to content where reasonably necessary to address legal, security, abuse, or service-integrity concerns.
15. Organization Communications
Subscribers may use ClubForge to send communications to members and other recipients. The Subscriber is responsible for the content of those communications, selecting appropriate recipients, having appropriate authority to contact those recipients, and complying with laws applicable to the communications it sends.
ClubForge may separately send operational, billing, security, or service-related communications to Subscriber administrators and users.
16. Acceptable Use
No User may use the Service, or any ClubForge-hosted public organization website, to violate applicable law; gain unauthorized access to accounts, systems, or data; interfere with or disrupt the Service; introduce malware or malicious code; send fraudulent, deceptive, abusive, or unlawful communications; infringe intellectual-property or privacy rights; circumvent access controls or security measures; or use the Service in a manner that materially harms ClubForge, other Subscribers, or users.
In addition, no User may use any automated means (including bots, crawlers, scrapers, or scripts) to access, index, copy, harvest, or collect data from the Service or any ClubForge-hosted public organization website; collect or compile member names, email addresses, telephone numbers, handicap information, or other personal information from public pages; resell or redistribute Service content; probe or test the vulnerability of the Service; or reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is unenforceable under applicable law.
17. Copyright Complaints (DMCA)
If you believe content hosted or published through the Service infringes your copyright, send a written notice to ClubForge at legal@clubforgegolf.com. The notice should identify the copyrighted work, identify the material claimed to be infringing and where it is located on the Service, and provide contact information for the complaining party. ClubForge will review properly submitted notices, may remove or disable access to allegedly infringing material, and will, in appropriate circumstances, terminate the accounts of repeat infringers.
18. ClubForge Intellectual Property
ClubForge and its licensors retain all rights in the Service, including its software, source code, interfaces, workflows, designs, branding, documentation, database structures, proprietary methods, and features.
Except for the limited, revocable, non-exclusive right to access and use the Service under these Terms, no ownership interest or license in ClubForge intellectual property is transferred to any User. No User may copy, reproduce, republish, frame, mirror, or create derivative works from the Service or its interfaces, designs, or branding, except as expressly permitted by ClubForge in writing.
19. Feedback
If a User voluntarily provides suggestions, ideas, or feedback about ClubForge, ClubForge may use that feedback to improve the Service without obligation to compensate the person providing it. This does not give ClubForge ownership of Subscriber Data.
20. Service Availability and Changes
ClubForge will use commercially reasonable efforts to operate and maintain the Service. However, ClubForge does not guarantee uninterrupted or error-free availability.
The Service may occasionally be unavailable because of maintenance, upgrades, third-party provider outages, internet failures, security incidents, emergencies, or circumstances outside ClubForge’s reasonable control.
21. Backups and Data Protection
ClubForge may maintain backups and recovery mechanisms as part of normal Service operations. Subscribers should not treat ClubForge as their sole archival repository for information they are legally or operationally required to retain independently.
ClubForge uses reasonable safeguards designed to protect information but cannot guarantee absolute security.
22. Suspension and Termination
ClubForge may suspend or terminate access if the Subscriber materially breaches these Terms, fails to pay amounts properly due, uses the Service unlawfully, creates a material security risk, abuses or attempts to compromise the Service, or causes serious harm to ClubForge or other users. ClubForge may also suspend or block access by any Authorized User or Visitor who violates Section 16, without notice.
Where practical and appropriate, ClubForge may provide notice and an opportunity to cure a breach before termination.
23. Effect of Termination
When a subscription or these Terms terminate, the Subscriber’s right to use paid portions of the Service may end; outstanding payment obligations remain due; and ClubForge may retain information as described in the Privacy Policy and as reasonably necessary for legal, security, billing, backup, dispute-resolution, or operational purposes.
Sections 12, 14, 16, 18, 19, 25, 26, 27, 28, 31, and 32 survive termination of these Terms.
24. Third-Party Services
ClubForge depends on third-party services, including Microsoft Azure, Microsoft Azure Communication Services, Stripe, internet service providers, and other vendors.
ClubForge is not responsible for failures caused solely by third-party systems outside its reasonable control, although ClubForge will make reasonable efforts to restore or work around affected Service functionality where practical.
25. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING THE CLUBFORGE PUBLIC WEBSITE AND ALL CLUBFORGE-HOSTED PUBLIC ORGANIZATION WEBSITES) IS PROVIDED “AS IS” AND “AS AVAILABLE” TO ALL USERS.
CLUBFORGE DISCLAIMS IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.
CLUBFORGE DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETELY ERROR-FREE, UNINTERRUPTED, OR IMMUNE FROM ALL SECURITY THREATS. CLUBFORGE MAKES NO WARRANTY REGARDING CONTENT PUBLISHED BY A SUBSCRIBER.
26. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLUBFORGE WILL NOT BE LIABLE TO ANY USER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR LOSS OF BUSINESS OPPORTUNITY ARISING FROM OR RELATED TO THE SERVICE.
Subject to applicable law, ClubForge’s aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the fees paid by the Subscriber to ClubForge during the 12 months immediately preceding the event giving rise to the claim, or (b) $500. For any User that is not a Subscriber, ClubForge’s aggregate liability will not exceed $500.
27. Indemnification
27.1 Subscriber Indemnification. To the extent permitted by applicable law, the Subscriber agrees to indemnify and hold harmless ClubForge and its owners, officers, employees, and agents from third-party claims arising from Subscriber Data or content supplied by the Subscriber; the Subscriber’s unlawful use of the Service; the Subscriber’s violation of third-party rights; communications initiated by the Subscriber through ClubForge; or the Subscriber’s material breach of these Terms. This obligation does not apply to claims caused primarily by ClubForge’s own wrongful conduct.
27.2 User Indemnification. To the extent permitted by applicable law, each Authorized User and Visitor agrees to indemnify and hold harmless ClubForge and its owners, officers, employees, and agents from third-party claims arising from that person’s own violation of Section 16 (Acceptable Use); that person’s unlawful use of the Service or of any ClubForge-hosted public organization website; that person’s infringement or misappropriation of the intellectual-property, privacy, or other rights of a third party through the Service; or content that person submits through the Service. This obligation is limited to claims arising from that person’s own acts or omissions, does not extend to Subscriber Data or to content published by a Subscriber, and does not apply to claims caused primarily by ClubForge’s own wrongful conduct.
28. Governing Law and Dispute Resolution
28.1 Governing Law. These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles.
28.2 Informal Resolution First. Before initiating arbitration, the party raising a dispute must send a written Notice of Dispute describing the claim and the relief sought — to ClubForge at legal@clubforgegolf.com, or to a User at the email address associated with the relevant account or submission. The parties will attempt in good faith to resolve the dispute for thirty (30) days after the Notice of Dispute is sent. Either party may commence arbitration after that period. Each Notice of Dispute must be individualized to the specific claimant and must state that claimant’s name, an email address at which the claimant can be contacted, the account or submission associated with the claimant’s use of the Service, the specific facts giving rise to that claimant’s claim, the specific relief that claimant seeks, and must be personally signed by the claimant (and by counsel, if the claimant is represented). A notice that is not individualized in this manner does not satisfy this Section 28.2, and no arbitration may be commenced on the basis of it.
28.3 Binding Arbitration. Any dispute between ClubForge and any User arising out of or relating to these Terms or the Service that is not resolved under Section 28.2 shall be resolved by final and binding arbitration before a single arbitrator, administered by the American Arbitration Association under its rules then in effect (including the Consumer Arbitration Rules where those rules apply), seated in Maricopa County, Arizona. The Federal Arbitration Act governs the interpretation and enforcement of this Section 28. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve any dispute concerning the interpretation, applicability, or enforceability of this agreement to arbitrate, except that a court of competent jurisdiction — not an arbitrator — shall decide any challenge to the enforceability of Section 28.4.
28.4 Class Action Waiver. Each party waives any right to bring or participate in a class, collective, consolidated, or representative action. Except as expressly provided in Section 28.5, the arbitrator may not consolidate the claims of more than one person and may not preside over any class or representative proceeding. If this Section 28.4 is found unenforceable as to a particular claim or request for relief, that claim or request shall be severed from the arbitration and brought exclusively in the courts identified in Section 28.8, and the remainder of this Section 28 shall continue to apply to all other claims.
28.5 Coordinated or Mass Filings. If twenty-five (25) or more Notices of Dispute or demands for arbitration raising similar claims are submitted against ClubForge by or with the coordination or assistance of the same law firm, or of firms acting together, within a sixty (60) day period (a “Mass Filing”), the American Arbitration Association’s Mass Arbitration Supplementary Rules then in effect will apply, together with the following procedures:
(a) Batching. The demands will be grouped into batches of no more than twenty-five (25) demands each, plus a final batch containing any remainder. Each batch will be administered as a single consolidated arbitration before one arbitrator, with a single set of filing and administrative fees payable per batch rather than per demand.
(b) Bellwether Proceedings. The parties will first arbitrate two batches as bellwether proceedings, or such other number as the parties agree. Demands not included in the bellwether batches will be stayed pending the bellwether awards.
(c) Global Mediation. Within thirty (30) days after the bellwether awards issue, the parties will participate in a single global mediation of the remaining demands, with the mediator’s fees borne by ClubForge.
(d) Continuation. If the global mediation does not resolve the remaining demands, those demands will proceed in successive batches under subsection (a).
(e) Tolling. All applicable statutes of limitation and filing deadlines are tolled for any demand stayed under this Section 28.5, from the date that claimant’s Notice of Dispute was submitted until the stay on that demand is lifted.
(f) Election to Proceed in Court. If a claimant’s demand remains stayed more than eighteen (18) months after that claimant’s Notice of Dispute was submitted, the claimant may elect to withdraw the demand from arbitration and bring the claim on an individual basis in the courts identified in Section 28.8. ClubForge may make the same election as to any stayed demand.
28.6 Exceptions. Either party may bring an individual claim in small-claims court if the claim qualifies. Either party may seek temporary or permanent injunctive relief in court for actual or threatened infringement or misappropriation of intellectual property, or for unauthorized access to the Service, without first proceeding under Sections 28.2 or 28.3.
28.7 Visitor Opt-Out of Arbitration. A Visitor — and only a Visitor — may opt out of Sections 28.3, 28.4, and 28.5 by sending written notice to ClubForge at legal@clubforgegolf.com within thirty (30) days after first accessing the ClubForge public website or any ClubForge-hosted public organization website. The notice must state the Visitor’s name, an email address at which the Visitor can be contacted, a clear statement that the Visitor is opting out of arbitration, and a confirmation that the Visitor first accessed the site within the preceding thirty (30) days. ClubForge will acknowledge a valid opt-out in writing and will maintain a record of it.
A Visitor who opts out remains bound by all other provisions of these Terms applicable to Visitors, including Section 28.1 (Governing Law) and Section 28.8 (Forum), and any dispute with that Visitor will be resolved in the courts identified in Section 28.8. Opting out has no effect on that Visitor’s rights or obligations under any other Section. This opt-out is not available to Subscribers or Authorized Users, and an opt-out previously submitted by a person who later becomes a Subscriber or Authorized User ceases to apply when that person accepts these Terms under Section 2.
28.8 Forum for Non-Arbitrable Matters. For any dispute not subject to arbitration, the state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction, and each party consents to personal jurisdiction and venue in those courts and waives any objection based on inconvenient forum.
29. Changes to These Terms
ClubForge may update these Terms as the Service or legal requirements evolve. For material changes affecting an existing paid Subscriber’s rights or obligations, ClubForge may provide additional notice and, where appropriate, require renewed acceptance. ClubForge will provide notice of material changes to Subscribers by email to the administrator of record or through the Service, and such changes take effect on the date stated in the notice or, if none, 30 days after the notice is provided. For Visitors, ClubForge will post the updated Terms with a revised effective date, and continued use of the ClubForge public website or a ClubForge-hosted public organization website after that date constitutes acceptance of the updated Terms. The version of the Terms accepted by the Subscriber may be recorded by ClubForge.
30. Assignment
The Subscriber may not transfer its subscription or these Terms to another entity without ClubForge’s consent, except in connection with a legitimate merger, reorganization, or transfer of substantially all of the Subscriber’s relevant operations.
ClubForge may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of the ClubForge business or substantially all relevant assets.
31. Entire Agreement
These Terms, together with the Privacy Policy and any pricing or subscription terms expressly presented and accepted during signup, constitute the agreement between ClubForge and the Subscriber concerning the Service, unless the parties enter into a separate written agreement.
32. Severability and Waiver
If a provision of these Terms is found unenforceable, the remaining provisions will remain effective to the extent permitted by law. Failure to enforce a provision on one occasion does not waive the right to enforce it later.
33. Contact
Questions concerning these Terms may be directed to ClubForge at legal@clubforgegolf.com. ClubForge is operated by ClubForge, LLC, an Arizona limited liability company, 725 E Road 2 N, #802, Chino Valley, AZ 86323. Notices to ClubForge may be sent to that address.