These Terms of Use (the "Terms") govern your access to and use of the websites, mobile applications, handicap management and peer-review services, and other online products and services (collectively, the "Services") provided by Tournament Index, LLC (the "Company," "we," "us," or "our"). Please review these Terms carefully. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services. These Terms incorporate our Privacy Policy by reference.

Please note: Section 16 (Limitation of Liability), Section 18 (Arbitration Agreement), and Section 19 (Class Action Waiver) affect your legal rights, including your right to bring claims in court and to participate in a class action. Please read them carefully.

1. Definitions

• "Company" refers to Tournament Index, LLC, a limited liability company organized in California, in the business of providing handicap-integrity monitoring and reporting software for golf clubs and handicap committees, including the Fair Play Score and related reports. Company does not issue, maintain, or administer handicaps and does not operate a social network for golfers.
• "Client" refers to the golf club, handicap committee, or other organization that subscribes to or otherwise contracts for the Services.
• "Services" refers collectively to all services offered by Company, including access to its website and web application, the Fair Play Score and related indicators, reports, and any related support or documentation.
• "User," "you," or "your" refers to the Client and to any individual accessing or using the Services under a Client's account, such as a committee member, club administrator, or club staff member.
• "Content" refers to scores, member records, tournament results, text, files, and other material posted, uploaded, or made available through the Services.

2. Changes to These Terms

We may modify these Terms at any time in our discretion. If we make material changes, we will provide notice at least thirty (30) days before the new Terms take effect by posting the updated Terms on the Services and, where appropriate, in the mobile application. The effective date is posted at the top of the Terms. Your continued access to or use of the Services after the effective date constitutes your acceptance of the modified Terms.

3. Eligibility

To use the Services, you must be at least eighteen (18) years of age and have the legal power and authority to enter into these Terms. If you are under 18, you are prohibited from using the Services. You may not use the Services if you are a competitor of the Company or if you have previously been banned from the Services. If you are using the Services on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.

4. License to Use the Services

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. Use of the Services is at your own risk, including the risk of exposure to content you may find offensive, inaccurate, or objectionable.

5. Accounts and Registration

To access certain features you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.

6. Subscriptions, Billing, and Refunds

The Services are offered on a per-club subscription basis, with the current plans and pricing described on our website. Paid subscriptions are arranged with our sales team rather than through self-serve signup, are billed annually in advance, and are payable by bank transfer (ACH) or card. Access to paid features begins when the applicable invoice is paid and continues for the annual subscription term. Unless canceled before renewal, subscriptions renew automatically for successive annual terms. Except where required by law, subscription fees are non-refundable. We may change our prices with advance notice; a price change applies no earlier than your next renewal, and you may cancel before the change takes effect. You may cancel through your billing portal or by contacting us, and cancellation will take effect at the end of the current subscription term.

7. Club Data and Integrations

Clients provide data to the Services through supported integrations with their existing club systems or through file uploads (for example, CSV exports of scoring records). You are responsible for the accuracy, completeness, and lawfulness of the data you submit, and you represent that you have all rights, consents, and permissions necessary to provide it to Company for use in the Services. Company does not transcribe scorecards, post scores, or enter data on behalf of individual members. The Services process the data as provided, and, to the maximum extent permitted by law, Company shall not be liable for any loss resulting from inaccurate, incomplete, or improperly formatted data submitted to the Services.

8. Trademarks, Attribution, and Non-Affiliation

Independent tool; no affiliation. Company is an independent provider and is not affiliated with, endorsed by, sponsored by, certified by, or licensed by the United States Golf Association ("USGA") or The R&A. Nothing in the Services should be understood as an official ruling, an official handicap service, or a statement made on behalf of the USGA or The R&A.

Ownership of marks. World Handicap System™, WHS™, Handicap Index®, Score Differential™, Low Handicap Index™, Course Handicap™, Playing Handicap™, Course Rating™, Bogey Rating™, SLOPE® and Slope Rating® are trademarks owned or licensed by the USGA and The R&A. Company claims no ownership of and asserts no rights in those marks.

Nominative use. Company references those terms, and the Rules of Handicapping, solely to identify the system the Services are compatible with and to explain the basis for what the Services report. Such references are made for identification and compatibility purposes only and do not imply any association between Company and the USGA or The R&A.

Company's own metric is not a Handicap Index. The Services produce a calculated value of Company's own, the Fair Play Score, together with related indicators. The Fair Play Score is Company's own metric. It is not a Handicap Index®, is not a substitute for a Handicap Index®, is not an official handicap, and is never issued as one. Company does not issue, maintain, or administer official handicaps.

Recommendations are not adjustments. Where the Services recommend an adjustment to a player's Handicap Index®, that output is a recommendation only. The player's club or Handicap Committee decides whether to apply it, in accordance with the Rules of Handicapping and the procedures of its Authorized Association. Handicap and scoring information is provided for informational purposes, and Company does not guarantee its accuracy for any particular use.

Third-party trademarks are the property of their respective owners. Any comparison we publish is based on those owners' own publicly available materials, and is made for the purpose of honest comparative reference.

9. User Content

You retain ownership of Content you submit, but you grant Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify, display, and distribute your Content in connection with operating and promoting the Services. You represent that you own or have the necessary rights to your Content and that it does not violate these Terms or any law. Company may, but is not obligated to, review, monitor, or remove Content at its discretion.

Feedback. If you provide ideas or suggestions about the Services, Company may use them without restriction or compensation, and you assign to Company all rights in such feedback.

Events and photography. If you participate in Company-organized tournaments or events, you consent to Company's use of photos and video taken at those events to promote its brand, including on social media channels.

10. Intellectual Property

Company owns all intellectual property rights in the Services, including the website, applications, visual interfaces, graphics, design, logos, software, code, and the compilation of Content, which are protected by copyright, trademark, trade secret, and other laws. Except as expressly permitted, you may not copy, reproduce, distribute, create derivative works of, publicly display or perform, republish, download, store, or transmit any part of the Services or its Content without our prior written permission.

11. Prohibited Conduct

You agree not to:

• Upload or transmit content that could damage, disable, overburden, or impair Company's servers or networks;
• Attempt to gain unauthorized access to another user's account, or to Company's systems, networks, or infrastructure;
• Use robots, scrapers, data mining, or other automated means to access, retrieve, or collect Content or data from the Services;
• Frame or link to the Services without our express permission;
• Reverse engineer, decompile, or disassemble any part of the Services or its security features;
• Modify, distribute, reproduce, or create derivative works of the Services;
• Restrict or inhibit any other user from accessing or using the Services;
• Infringe Company's or any third party's intellectual property or other rights; or
• Transmit viruses, worms, Trojan horses, or other harmful code.

12. Third-Party Sites and Content

The Services may contain links to, and embedded content from, third-party websites and services we do not control, including social media platforms such as Facebook, Instagram, YouTube, and X. Their inclusion does not imply endorsement, and we are not responsible for their content or practices. You assume all risk associated with following links to third-party sites. Company does not endorse, guarantee, or assume responsibility for any product or service offered by a third party through the Services, and any transaction with a third party is solely between you and that party.

13. Service Availability

The Services may be interrupted, suspended, modified, updated, discontinued, or unavailable in particular locations, with or without notice. Company is not liable for any unavailability of the Services. We may require you to download updated versions of our application to continue using the Services, and we do not guarantee that any version will function on your specific device.

14. Termination

We may suspend or terminate your access to the Services at any time, without notice or liability, if you breach these Terms or for any other reason. If your account is terminated for a breach, you will not be entitled to any refund and may be barred from future use of the Services. Provisions that by their nature should survive termination, including those relating to intellectual property, disclaimers, limitation of liability, arbitration, class action waiver, indemnification, and governing law, shall survive.

15. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. Company does not warrant that the Services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components. You are responsible for taking your own precautions to protect your data and devices.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND AGENTS (THE "COMPANY PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES. IN NO EVENT SHALL THE COMPANY PARTIES' TOTAL AGGREGATE LIABILITY EXCEED $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

17. Indemnification

You agree to indemnify, defend, and hold harmless the Company Parties from and against all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your Content, your violation of these Terms, or your violation of any law or the rights of a third party. Company reserves the right to assume the exclusive defense of any matter subject to indemnification, and you may not settle any such matter without our prior written consent.

18. Arbitration Agreement

All claims and disputes arising under or relating to these Terms or the Services shall be settled by binding arbitration in California, or another location mutually agreed by the parties, conducted on a confidential basis under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be in writing, shall explain the conclusions of law and fact, and may be confirmed in a court of competent jurisdiction. Either party may seek relief in small claims court for qualifying claims.

19. Class Action Waiver

Arbitration shall proceed solely on an individual basis. You and Company waive any right to arbitrate or litigate any claim on a class, collective, or representative basis. Claims may not be joined or consolidated unless all parties agree in writing. If this Class Action Waiver is found unenforceable, the entire Arbitration Agreement (other than this sentence) shall be severed and shall not apply.

20. Governing Law and Jurisdiction

These Terms, and any dispute arising from them, are governed by the laws of California and the United States, without regard to conflict-of-laws principles. Subject to the Arbitration Agreement, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in California.

21. Independent Relationship

Nothing in these Terms creates a joint venture, agency, partnership, or employment relationship between you and Company. Company is not liable for any financial or other loss you may incur in any transaction conducted through the Services.

22. General

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Company and supersede all prior agreements on the subject. Our failure to enforce any provision is not a waiver. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Any amendment must be in writing and signed by an authorized Company representative.

23. Notice to California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24. Contact Us

Questions about these Terms may be directed to:

Tournament Index, LLC
1701 El Nido #25, Diablo, CA 94528
Email: support@tournamentindex.com