PRIVACY STATEMENT
By using this Application (the “App”) you (the “user” or “you”) agree to be bound by these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
1. Acknowledgement and Acceptance of Terms These Terms of Use govern your access to and use of the App, any text, graphics, audio, images, data, messages, information or other materials available through the App (the “Content”) and the services provided through your use of the App (the “Services”). By downloading, installing, accessing or using the App, you have acknowledged that you understand all the terms contained in this Agreement and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, then you may not install or use the Application and must uninstall and delete it immediately. We reserve the right to modify, suspend, discontinue or restrict use of the App, any portion thereof or any Content at any time with or without notice to you.
2. Account Setup In order to access, use or receive certain services, you will need to create an account (“Account”) by providing us with your name, email address and zip code. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services. You are responsible for taking all steps to ensure that no unauthorized person shall have access to your Account. It is your sole responsibility to: (i) control the dissemination and use of your Account; and (ii) promptly inform us of any need to deactivate an Account.
3. Content All Content, including but not limited to the design, structure, arrangement and look and feel of such Content, is owned by or licensed to us and is protected by copyright, trademark and/or other intellectual property rights and laws. Except as expressly provided in the Terms of Use, no part of the App and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted or otherwise distributed for public or commercial purposes.
4. License to Application Subject to your compliance with these Terms of Use, Stonebridge Country Club (SCC) grants you a non- exclusive, non-transferable single user license to download and install one copy of the App to your smartphone device, and to access and use the Service, solely for your own personal, non-commercial use. You may not assist or direct any third party to:
(i) copy, modify or distribute the App for any purpose;
(ii) disassemble, decompile, reverse engineer or otherwise convert any part of the App to source code or a human-perceivable form;
(iii) adapt, modify or create a derivative work of the App
iv) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party;
(v) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Service;
(vi) make the functionality of the App or the Service available to multiple users through any means; or
(vii) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use;
(viii) remove, alter or delete any markings or statements regarding the author of the App or any trademark, service mark, copyright notice or proprietary notice affixed thereto; or
(ix) take any action that jeopardizes, limits or interferes with ownership and rights in the App. The App may prompt you to download or may automatically download and install updates from us from time to time. These updates are designed to improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive and/or download such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the App.
5. Account Information Member Directory information is password protected and only made available to the membership. You may enable, upload, submit, make available or otherwise transmit location information, text, graphics, personal information or other materials such as your golf handicap, golf scores and pace of play information (“Data”) to us through the Service. By enabling, uploading, posting, submitting or otherwise transmitting any Data through the Service, you hereby grant to SCC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Data through or by means of the Service. Notwithstanding the foregoing, in the event of transfer of your Data to a third party in accordance with these Terms of Use, it will be provided in an anonymized format to such third party. Stonebridge does not claim any ownership rights in your personal information and nothing in this Agreement will be deemed to restrict any rights that you may have to such Data.
6. Email Communications and Push Notifications Upon download of this App, you are provided the option to receive push notifications on your mobile device. This may include promotional communications, offers, and system messages pushed to your mobile device (“Push Notifications”). You may, at any time following download of this App, opt out of receiving Push Notifications by adjusting your settings to “off”
7. Ownership The App and the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App and the Service. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or Service (Feedback) will be the sole and exclusive property of SCC and you hereby irrevocably assign to SCC all of your right, title and interest in and to all Feedback. You further acknowledge and agree that any information related to pace of play and similar statistics (“Pace of Play Data”) shall be the sole and exclusive property of SCC and you hereby irrevocably assign to SCC all of your right, title and interest in and to all Pace of Play Data.
8. Third Party Services The Service contains or links to Content and third-party services and resources (“Third Party Services”) including but not limited to credit card processing for food and beverage orders. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Third Party Services.
9. Termination If you breach any of these Terms of Use, SCC retains the right to immediately suspend, disable or terminate your Account or your access to or use of the Service. Any suspension or termination will not affect your obligations to SCC under this Agreement (including, without limitation, ownership, confidentiality, indemnification and limitation of liability). In the event of such termination, you will immediately cease all use of the Application and Software.
10. Use of the Service at Your Own Risk Your access to and use of the Service is at your own risk. You acknowledge and agree that you are responsible for using the Application and accessing the Service at all times in a safe manner and when traffic conditions permit and SCC disclaims any and all liability associated with your use of the App and the Service. 11. Disclaimer of Warranties, Limitation of Liability and Indemnity
THE APP AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE APP OR ANY CONTENT IS TO STOP USING THE APP OR ANY SUCH CONTENT. IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES. You agree to defend, indemnify, and hold SCC, its 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 your access to or use of the App or Service or your violation of this Agreement.
12. User Submissions If you make any submission to us, you agree that you will not send or transmit any communication or content that:
(i) is defamatory, indecent, harassing or otherwise objectionable;
(ii) infringes or violates any rights of any party; or
(iii) contains a virus or corrupted data. All e-mail and other correspondence that you submit to us shall become our sole and exclusive property.
13. Notices We may send you notice with respect to the App by sending an email message to the email address or a text to the phone number listed in your account, by pushing a notification to the App or by posting on the Site. Any notices will be deemed delivered to the party receiving such communication on the date of transmittal or posting, as applicable.
14. Governing Law, International Use The Terms of Use will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts, and waive any objection to such jurisdiction or venue. Although the App may be accessible worldwide, we make no representation that materials on the App are appropriate or available for use in locations outside the United States, and accessing the App from territories where its use is illegal is prohibited. 
15. Entire Agreement The Terms of Use represent the entire agreement between you and us with respect to the subject matter addressed herein and supersede all prior to contemporaneous agreements or understandings, written or oral. The Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.
16. Waiver Any failure by us to enforce or exercise any provisions of the Terms of Use shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.
17. Attorneys and Accountants Fees In any action to enforce the Terms of Use, the prevailing party shall be entitled to attorney’s and accountant’s fees and costs.
18. Severability If any court or other tribunal of competent jurisdiction finds or holds any provision of these Terms of Use to be void, invalid, illegal or otherwise unenforceable, the remaining provisions of this Agreement will remain in full force and effect.