1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the My Golf Gremlin website, mobile application, and related services, including the MHodgen Golf coaching pages hosted on the same site (collectively, the "Service"), operated by My Golf Gremlin, a fictitious business name operating in Contra Costa County, California ("we," "us," or "our"). By accessing or using the Service, or by creating an account, you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Service Description
My Golf Gremlin is a software tool for recreational golfers to record scores, organize rounds, and calculate the results of common side games and wagers (for example: skins, presses, Hodgen, Gremlin, Wolf, and dots).
The Service is a calculator and recordkeeping tool only. We do not handle, hold, transmit, escrow, collect, distribute, or process any money, value, or wagers. Any financial settlements are private arrangements solely between users. We are not a party to any wager and have no responsibility for enforcement, collection, or guarantees. We are not a bank, money transmitter, payment processor, escrow agent, gaming operator, sportsbook, or bookmaker.
Coaching services offered under the MHodgen Golf name are scheduled directly with the instructor. Any coaching fees are handled outside the Service through third-party payment processors. Cancellation, scheduling, and conduct policies for coaching are communicated at the time of booking and may be updated from time to time.
3. Eligibility
You must be at least 18 years old and capable of forming a binding contract. You represent that your use of the Service is lawful in your jurisdiction.
4. User Accounts
You are responsible for the accuracy of your information, for safeguarding your credentials, and for all activity under your account. Notify us promptly of any unauthorized access. We may suspend or terminate accounts for violations of these Terms or risks to the Service.
5. Electronic Acceptance
You agree that your electronic acceptance of these Terms, including clicking a checkbox or button indicating agreement, constitutes a legally binding signature. We record the date, time, and version of the Terms you accepted.
6. User Content
"User Content" includes scores, round data, course information, images (such as scorecard photos), and notes you submit. You retain ownership of your User Content and grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, use, display, and process it to operate, improve, and secure the Service. You warrant you have all rights necessary to submit your User Content, including permission from other players whose information you submit. We may remove content that violates these Terms.
7. Shared Course Library
Course information you submit (including via scorecard scans or manual entry) may be added to a shared course library so that other users of the Service can find and use it. Submit only information you have the right to share. We disclaim any warranty as to the accuracy or completeness of shared course data.
8. Wagering and Legality
You are solely responsible for determining the legality of any wager under applicable laws, facility rules, and the laws of the location where the round is played. You represent that any wagers tracked using the Service are lawful in your jurisdiction, are private social wagers among acquaintances, and are not facilitated, promoted, advertised, or solicited by us. Do not use the Service for any unlawful purpose. We provide no advice on the legality of any wager.
9. Acceptable Use
Your use of the Service is also governed by our Acceptable Use Policy, incorporated by reference. You agree not to use the Service for unlawful purposes, harassment, reverse engineering, scraping, or commercial resale without our written consent.
10. Intellectual Property
The Service (excluding User Content) is our property and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes.
11. DMCA and Copyright
If you believe content on the Service infringes your copyright, send a notice that complies with 17 U.S.C. § 512(c) to hello@mhodgengolf.com, including identification of the copyrighted work, identification of the allegedly infringing material and its location, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the information is accurate and you are authorized to act, and your physical or electronic signature.
12. Third-Party Services
We are not responsible for third-party services, content, or links accessible through the Service.
13. Termination
You may delete your account at any time by contacting hello@mhodgengolf.com. We may terminate or suspend access at any time, with or without cause. Provisions that by their nature should survive termination will survive, including disclaimers, liability limits, indemnification, and dispute resolution.
14. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not warrant the accuracy of calculations, scores, course data, or that the Service will be uninterrupted or error-free. You are responsible for verifying calculations before relying on them to settle any wager.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID US IN THE PRIOR 12 MONTHS OR (B) ONE HUNDRED U.S. DOLLARS ($100). We are not liable for wagers, wager disputes, personal injuries, property damage, or any golf-related losses.
16. Indemnification
You agree to indemnify, defend, and hold us and our affiliates harmless from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, your breach of these Terms, or any interactions or wagers with other players.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The exclusive venue for any disputes shall be the state or federal courts located in Contra Costa County, California, and you consent to personal jurisdiction in those courts.
18. Changes
We may update these Terms from time to time. We will provide notice (for example, by email or in-app) and may require you to re-accept material changes before continued use. Continued use of the Service after notice constitutes acceptance of the updated Terms.
19. Miscellaneous
These Terms are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor or affiliate (including upon any future conversion of the operating entity to a California limited liability company).
20. Contact
Questions about these Terms? Email hello@mhodgengolf.com.