Effective date: Aug 1, 2022.
Updated Sep 18, 2022.
The following terms and conditions (“Terms & Conditions”) govern participation in TCGolfer.com’s loyalty program known as TCGolfer.com PointsPass Rewards (“TCGolfer.com PointsPass Rewards Program” or “Program”). Please read the Terms and Conditions carefully. If you require clarification or further information, you may contact email@example.com
By participating in the Program after the Effective Date, you agree to be subject to and comply with the following Terms and Conditions at all times:
- Program Participation
- Termination or Discontinuance of Program or Membership
III. Accrual of Points
- Use of Points & Certificates or Coupons
- Privacy Information
- Additional Conditions of Participation
VII. Individual Arbitration of Disputes; Jury Trial Waiver
- The Program is offered and sponsored by TCGolfer.com, a site made exclusively for golf courses located on Florida’s Treasure Coast.
- TCGolfer.com PointsPass Rewards membership and its benefits, if any, are offered at the sole discretion of TCGolfer.com
- The Program replaces all loyalty programs offered in TCGolfer.com prior to the Effective Date referenced above. The Terms and Conditions set forth herein supersede all prior program terms and conditions.
- In its sole discretion, TCGolfer.com may add, modify, delete, or otherwise change these Terms and Conditions, and any of the rules, procedures, conditions, Points (defined below), Perks (defined below) or Membership Status (described below) or requirements pertaining to the Program, with or without notice and even though such changes may affect the value of Points already accumulated or how Points may be received, valued, or redeemed.
- The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. Applicants for enrollment, Members and TCGolfer.com agree to resolve any disputes over the Program in the state courts of Martin County, Florida.
II. PROGRAM PARTICIPATION
- Only legal residents of the United States who are (a) at least 18 years of age and (b) use the Program for personal (not commercial or business purposes) are eligible to enroll as a Member in the Program (“Eligible Person”).
- An Eligible Person may enroll by requesting membership and providing his or her personal name and email address at TCGolfer.com/Register
- Eligible Persons may apply for and receive only one membership per person and per email address.
- Enrollment is not effective until enrollment has been accepted and activated by TCGolfer.com. If a Member is determined to be ineligible after enrollment, the membership will be terminated immediately, and no compensation, Points (defined below) or Perks (defined below), or other benefits will be paid or due or redeemable.
- Eligibility in the Program is void where prohibited by law in any state, county, or local jurisdiction where the applicant is domiciled.
- Current employees of TCGolfer.com are eligible to participate in the Program as set forth herein; however, they are subject to certain exceptions to these Terms and Conditions in accordance with the Employee Policy regarding eligibility and participation in the Program.
- Program membership entitles Members to receive TCGolfer.com PointsPass Rewards Points (“Points”) (defined below), which shall serve as the basis for offers, discounts (including TCGolfer.com PointsPass Rewards (“Rewards”)) and other benefits, privileges, or opportunities identified from time to time by TCGolfer.com that are made available to Members (collectively, “Perks”). Perks may vary.
- Membership in the Program is voluntary and free. No purchase is necessary to become a Member.
- TCGolfer.com PointsPass Rewards Program is for personal use by natural persons only. Commercial customers and others purchasing items for resale are not eligible for membership. Any Member’s account deemed to be used for business purposes may be revoked at TCGolfer.com’ sole discretion. In the event of a Member’s death, the Member’s account will be closed and all Points, Perks and other benefits forfeited.
- Each Member may only have one membership per person and email address.
- Members may not transfer Points or Perks between TCGolfer.com PointsPass Rewards Program accounts, and cannot combine Points or Perks from accounts for redemption, Membership Status, or any other purpose.
- In the event of a dispute over ownership of the TCGolfer.com PointsPass Rewards Program account, the account will belong to the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” for the email address is the natural person who is over the age of 18 and is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If no email address is associated with the TCGolfer.com PointsPass Rewards Program account, the registration will belong to the authorized account holder of the name submitted at the time of enrollment.
- A Member may visit TCGolfer.com/Register to create an online profile so the Member can manage the Member’s TCGolfer.com PointsPass Rewards Program account and access online benefits of the Program. Where a Member creates an online account, the Member is responsible for creating private account access information for Member’s account and for maintaining the security of that information. If the security of the Member’s online account is breached, TCGolfer.com shall not be liable for any unauthorized access to the account, or accumulation or redemption of Points or Perks, or other account activity that occurs as a result of the unauthorized access or use, and in no event shall TCGolfer.com be responsible for reimbursing Member for any Points or Perks used by unauthorized persons, or other damages or losses claimed to occur as a result of that unauthorized access.
- If a Member becomes aware of any fraudulent activity, including unauthorized use of a Member account or benefits, Member must report the fraudulent activity to TCGolfer.com in writing to Concierge@TCGolfer.com as soon as possible but no later than five (5) calendar days after Member’s discovery of the fraudulent activity or misuse.
- Members who do not make any eligible purchases or do not associate their TCGolfer.com PointsPass Rewards Program accounts with any eligible purchase for 12 months are subject to deactivation and cancelation of accumulated Points, Perks and/or Membership Status, in the sole discretion of TCGolfer.com. Perks cannot be redeemed by the Member after the account has been deactivated. After deactivation, a Member is eligible, in the discretion of TCGolfer.com, to open a new account or participate in the Program using Points, Perks, or Membership Status received from the de-activated account.
- By joining in the Program, Members agree to receive mail, email and phone communications including, but not limited to, information about Member’s account and the TCGolfer.com PointsPass Rewards Program, and commercial email from any TCGolfer.com partner. If a Member no longer wishes to receive communications via email, please unsubscribe by clicking “unsubscribe” at the bottom of any email.
- TCGolfer.com may, but are not required to, send correspondence to active Members to remind them of the Program’s Terms and Conditions, available Perks, or the expiration of Points or Perks at the end of the Program Calendar Year (defined below). TCGolfer.com shall not be liable for any failure to do so, or for any incorrect, inaccurate or failed communication with a Member, whatever the cause.
- Member is responsible for maintaining Member’s current contact information and updating Member’s account profile through the online platform or via Concierge@TCGolfer.com
- For information about an individual account or any other Program related questions, contact Concierge@TCGolfer.com. Please include the Member’s name, TCGolfer.com PointsPass Rewards Member number, daytime telephone number and/or email address.
- Termination or Discontinuance of Program or Membership
- A Member may cancel his or her Membership at any time by emailing Concierge@TCGolfer.com
- The Program has no predetermined termination date and may continue until TCGolfer.com decides to terminate the Program, which may occur at any time, for any or no reason, and with or without notice to a Member. In the event of such termination and unless prohibited by law, Members shall have forty-five (30) days from the Program’s termination to redeem any received Points (as defined below), Perks, or other benefits.
- TCGolfer.com reserves the right, in their sole discretion, to discontinue membership for any Member who:
- uses the Program in any manner inconsistent with the Terms and Conditions;
- violates or acts in any manner that is inconsistent with federal, state or local laws;
- engages in any form of fraud, theft, misconduct, or dishonesty in connection with the Member’s account, any other Member’s account, or accumulation of Points or Perks;
- is abusive, disruptive, inappropriate, or hostile conduct toward any employee, representative or customer of TCGolfer.com or any other business operating as TCGolfer.com partners, or any TCGolfer.com PointsPass Rewards Program Member.
In Store’s sole discretion, such discontinued membership may result in the loss of all accumulated Points, and the cancellation of Member Status received and/or any Perks.
III. ACCRUAL OF POINTS
- Only greens fees purchases made at public and semi-private area golf courses listed on TCGolfer.com/SubmitReceipt will be eligible to receive Points. Third party bookings are not eligible for the program. Purchases must be made directly with the golf course.
- If a course ceases to participate in the TCGolfer.com PointsPass Rewards Program, no purchase made at that course after the date TCGolfer.com has ceased participation will be eligible to receive Points.
- Accrued Points and Perks are not property of the Member. Points and Perks are not transferable by Members for any reason or by operation of law.
- Points and Perks received by a Member may not be sold, auctioned, bartered, brokered, purchased, or otherwise transferred. If TCGolfer.com determines, in their sole discretion, that any Points or Perks have been obtained in that manner, the Points and Perks will be deemed to have been fraudulently obtained and, therefore, immediately void. The Membership of any Member attempting to cause any such sale, auction, barter, brokerage, purchase, or transfer may be terminated.
- To receive Points, a Member must make a qualified purchase of greens fees in person at a TCGolfer.com approved course.
- Points must be claimed by submitting a clear copy of your receipt, showing purchase date and greens fees paid inside your member portal at TCGolfer.com/SubmitReceipt
- Points are calculated on a per-item basis.
- All Point values are awarded based on the post-tax value of the individual greens fees purchased, including both the dollars and cents spent, and after any discounts have been applied. All Point values are rounded up to the nearest whole number.
- A Member will receive 10 Points for each one (1) dollar spent on all eligible items that are part of a qualified purchased at a participating golf course (“Base Points”), provided that the Member logs in and uploads their receipt to TCGolfer.com/SubmitReceipt within 30 days of the date of play.
- From time to time, TCGolfer.com may offer Members promotional “Bonus Point Promotions” that result in an award of extra Points (“Bonus Points”) awarded depending on the TCGolfer.com PointsPass Rewards Member Status or partner golf course status. Such Bonus Point Promotions are also subject to any other terms set forth in the promotional offer.
- If a Member fails to submit their receipt to TCGolfer.com/SubmitReceipt TCGolfer.com PointsPass Rewards Membership number with eligible charges before the time that payment is tendered, no Points will be received on the purchase.
- Points will not be received when a gift card or rain check is used to pay for eligible purchases, or when purchases are made through a third-party (Golf Now, Supreme Golf, DiscountTickets, etc)
- No more than 1 greens fee per day per member may be submitted for Points.
- No Points will be received for any action not defined herein.
- All receipts should be retained by the Member until the Point credit has appeared on his or her TCGolfer.com PointsPass Rewards account. If a Member believes the correct amount of Points for eligible charges was not received, the Member must submit a written request for a Points adjustment to Concierge@TCGolfer.com, together with a legible copy of the Member’s receipt, and Member’s name, account number, email address, and daytime telephone number. Failure to supply the adequate and unaltered documentation may result in denial of such Point credit. Requests must be received within 35 days of receipt date.
IV. USE OF POINTS & CERTIFICATES OR COUPONS
- Points have no cash value. Points are only used as a means to determine the offers that a Member may qualify for, if any.
- Offers generally are issued in the form of TCGolfer.com PointsPass Rewards Certificates or Coupons for redemption at participating golf courses and golf retailers. The amounts and frequency of offers are determined at the sole discretion of TCGolfer.com and can be changed at any time.
- TCGolfer.com PointsPass Rewards Certificates or Coupons received under the Program:
- Are valid at participating golf courses only.
- Are valid-one time only;
- Are valid for either 30 days from date of issuance or as specified on the TCGolfer.com PointsPass Rewards Certificate or Coupon itself; and
- May not be combined with other discounts or promotional offers/retail Certificates or Coupons, unless otherwise specified in writing;
- Cannot be retroactively applied to previous purchases;
- Have no cash or monetary value;
- Are not redeemable for cash, and no change will be provided where the TCGolfer.com PointsPass Rewards Certificate or Coupon exceeds the value of the purchase.
- Will not be replaced, reissued, or credited if lost, stolen, or otherwise destroyed;
- Are void where copied, fraudulently obtained or transferred, derived from Points fraudulently obtained or transferred, prohibited, or restricted by law;
- Are not exchangeable;
- Are subject to the redemption terms and procedures specified on the TCGolfer.com PointsPass Rewards Certificate or Coupon itself; and
V. PRIVACY INFORMATION
- IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN SECTION VII, YOU SHOULD NOT JOIN THE PROGRAM.
- By participating in the Program, you agree that Participating Golf Courses, their affiliates and their vendors may collect, process and/or use information from and about you, and Participating Golf Courses and their affiliates may share your personal information for purpose of administering the Program and other business purposes, including updating and enhancing the quality and content of the Program and information we maintain about you, and selecting, stocking, pricing and marketing.
- By enrolling, you also consent that TCGolfer.com, their affiliates and their vendors may transfer your information to information processing or storage facilities located outside of the United States, where data protection laws may differ from those of the United States.
- As a Member, you authorize us to send you periodic communications by email or phone. You may discontinue receiving communications from us by requesting account cancellation by email address to Concierge@TCgolfer.com
VI. ADDITIONAL CONDITIONS OF PARTICIPATION
- TCGolfer.com reserve the right to interpret and apply the policies and procedures communicated in these Terms and Conditions. All determinations by TCGolfer.com shall be final and conclusive in each case.
- TCGolfer.com, and any parent, subsidiaries or affiliated entities, and each of their respective officers, directors, employees, and agents (the “Released Parties”), make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, or any products or services related to the Program. BY PARTICIPATING IN THE PROGRAM, EACH MEMBER HEREBY RELEASES THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES RELATING TO THAT MEMBER’S PARTICIPATION IN THE PROGRAM, USE OF TCGolfer.com PointsPass REWARDS OR AGREEMENT TO THESE TERMS. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON THE RELEASED PARTIES’ LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM THE RELEASED PARTIES AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
- TCGolfer.com can delay enforcing their rights under these Program Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.
VII. INDIVIDUAL ARBITRATION OF DISPUTES; JURY TRIAL WAIVER
- THIS SECTION LIMITS CERTAIN RIGHTS THAT ANY MEMBER AND TCGolfer.com MIGHT HAVE, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY (EXCEPT AS PROVIDED IN JAMS RULES REFERENCED BELOW), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT MEMBER AND TCGolfer.com WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- Member and TCGolfer.com agree that they will resolve any disputes regarding the Program through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between Member and TCGolfer.com relating to the Program or this Agreement (each a “Claim”) shall be submitted for binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate in this Section 5 Arbitration shall be initiated through JAMS, Inc. (formerly Judicial Arbitration and Mediation Services), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall select an alternative ADR Provider. The parties may also mutually agree on an alternative ADR provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- If Member demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, TCGolfer.com will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. However, TCGolfer.com will not pay Member’s share of the arbitration fees if the arbitrator finds that either Member’s claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
- This arbitration agreement does not preclude any Member from filing any complaint before any federal, state, or local government agencies with jurisdiction over such disputes. Member and TCGolfer.com also have the right to bring qualifying claims in small claims court. In addition, Member and TCGolfer.com retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
- NEITHER MEMBER NOR TCGolfer.com MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator can decide only Member and TCGolfer.com’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
- If any provision of this Section IX is found to be invalid or unenforceable, except for subparagraph E, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section IX shall continue in full force and effect. No waiver of any provision of this Section IX will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. If subparagraph E is found to be invalid or unenforceable then neither Member nor TCGolfer.com shall be entitled to arbitration.
- This Arbitration Provision shall survive termination of the Program or Member’s Program account.
- If you do not want to be bound to this Arbitration Agreement, you must opt out of it within 30 days of it first becoming applicable to you (i.e., within 30 days of you first agreeing to a version of these Terms and Conditions containing the Arbitration Agreement). To opt out of this Arbitration Agreement, you must send an email to Concierge@TCGolfer.com citing this agreement clause and your written desire to opt out.
- In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (including but not limited to in the event you opt out of arbitration pursuant to subparagraph H, the parties hereby agree to submit to the personal jurisdiction of the courts located in Martin County, Florida for such purpose.
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