This USGA/AGA GC Membership Terms and Conditions (“Terms”) is between the person who accepts and agrees to these Terms (“Member” or “you”), on the one hand, and the United States Golf Association (“USGA”) and the local golf association that is authorized to distribute a Handicap Index® within the territory in which you reside (“Your AGA”), on the other hand. These Terms govern your membership with the applicable USGA/AGA GC based on your state of residence and zip code (“Club”).
1. Your Membership
Upon payment of your Membership Fees and acceptance of these Terms (“Activation Date”), you will receive a membership to the Club (“Membership”). Your Membership will continue for a period of twelve (12) months from the Activation Date (“Membership Term”).
As part of your Membership, you will receive a Handicap Index® calculated by the USGA and the ability to post scores towards the calculation of your Handicap Index, as well as other additional rights and benefits provided to you by the Club which are then in effect at any given time (“Core Benefits”). You may also receive additional benefits or services provided by Your AGA (“AGA Benefits”, and together with Core Benefits are deemed “Member Benefits”). The specific details of your Member Benefits will be communicated to you by Your AGA. Some Member Benefits may be available on a first-come, first-serve basis, with limited capacity or supplies. Member Benefits may be modified, changed or suspended without notice.
Please note, unless specifically included as part of your Member Benefits, your Membership does not grant you a membership to, or any access or use rights to, any other golf club affiliated with Your AGA. For information regarding Your Member Benefits or access or memberships to a particular golf club, please contact Your AGA. Your Membership and associated benefits are for Member’s use only, and may not be sold, transferred or assigned to any other person or entity. Membership is for the Member’s personal use, and may not be used for any commercial purposes. Membership, including Member Benefits, may be revoked, suspended or cancelled in the discretion of the USGA or AGA.
2. Membership Fees
You must pay the applicable then-current fees for your Membership via credit card at the time of activation, including any applicable service fees, processing fees, and state or local taxes (“Membership Fees”). Except as provided in Section 4 below, the Membership Fees are nonrefundable. Payment of the Membership Fees does not provide Member with any right, ownership or interest in the USGA/AGA GC, USGA, any AGA or any golf club. Your Membership Fees may be modified at any time upon notice by USGA.
3. Renewal
Your Membership Term may be renewed for an additional twelve (12) month period by paying the then-current Membership Fees prior to the expiration of your current Membership Term (“Renewal Term”). By agreeing to renew your Membership, you authorize USGA to charge the then-current Memberships Fees (inclusive of taxes, service fees and processing fees) to the credit card on file associated with your account. It is your responsibility to ensure that your credit card on file and all information is up-to-date. If USGA is unable to process payment through your credit card on file, your Membership may be suspended or cancelled, and you may be refused Member Benefits until payment is complete. Failure to renew your Membership prior to expiration of the current Membership Term may result in cancellation of your Membership, which may include inactivation of your scoring record, Handicap Index and associated data.
4. Cancellation
You may cancel your Membership at any time by emailing HDCPquestions@usga.org. If you cancel your Membership within fourteen (14) days after your Activation Date, you will receive a full refund of your Membership Fees. If you cancel your Membership fifteen (15) days or later after your Activation Date, you are not entitled to any refund of your Membership Fees.
5. Disclaimer
THE MEMEBERSHIP AND MEMBER BENEFITS ARE PROVIDED 'AS IS', WITH NO WARRANTIES WHATSOEVER. MEMBER AGREES THAT THE USE OF THE MEMBER BENEFITS IS AT MEMBER'S SOLE RISK. NEITHER USGA OR AGA, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS WARRANT THAT THE MEMBER BENEFITS WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO ANY OF THE FOREGOING PERSONS OR ENTITIES MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE CLUB OR THE RESULTS TO BE OBTAINED FROM USE OF THE MEMBER BENEFITS. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICLUAR PURPOSE, AND NON-INFRINGEMENT ON PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
MEMBER'S SOLE AND EXCLUSIVE REMEDY AND USGA’S AND AGA’S SOLE AND EXCLUSIVE OBLIGATION FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF THE MEMBERSHIP OR MEMBER BENEFITS, OR OTHER CAUSE, SHALL BE TO TERMINATE YOUR MEMBERSHIP. IN NO EVENT WILL USGA, AGA OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE CLUB, MEMBERSHIP OR MEMBERSHIP BENEFITS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE CLUB, MEMBERSHIP OR MEMBER BENEFITS OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE.
6. DISPUTE RESOLUTION
EXCEPT AS EXPRESSLY NOTED BELOW, ANY DISPUTE BETWEEN YOU OR ANY OTHER MEMBER AND USGA OR AGA ARISING UNDER, OUT OF, IN CONNECTION WITH, OR IN RELATION TO THESE TERMS MUST BE SUBMITTED TO BINDING ARBITRATION UNDER THE AUTHORITY OF THE FEDERAL ARBITRATION ACT. The dispute must be arbitrated in accordance with the then current rules and procedures cited below and under the auspices of the American Arbitration Association (“AAA”), except to the extent the rules and procedures are modified by this Agreement. YOU AND USGA AND AGA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
7. MISCELLANEOUS
You further agree that: (1) The Club may be suspended or terminated at any time in the sole discretion of the USGA or AGA; (2) USGA or AGA may contact you via mail, phone or email to let you know about your account, offers, events and Member Benefits; (3) USGA and/or AGA may delay or waive enforcement of any of the provisions of these Terms, including your promise to make timely payments, without losing its right to enforce the same or any other provision later; (4) these Terms contain all of the agreements between the parties with respect to the subject matter of these Terms and may not be assigned by you; (5) should any term or provision herein be deemed invalid or unenforceable, the remaining terms shall remain in full force and effect; and (5) you will send any notice or information that you are required by law to provide or deliver by first-class mail, or by recognized commercial overnight courier, to United States Golf Association, 77 Liberty Corner Road, Liberty Corner, NJ 07920, with copy to Your AGA.
For questions related to the purchase, renewal, or cancellation of your Membership, you may contact USGA by emailing HDCPquestions@usga.org. For questions related to your Member Benefits, please contact Your AGA.