TERMS AND CONDITIONS

By paying for Back Nine services, accessing the Back Nine website, and/or creating an account through the Back Nine website, the Member hereby agrees to the terms and conditions listed herein. Back Nine Golf Group, LLC d.b.a. The Back Nine is a Utah limited liability company which owns and operates one or more indoor golf simulator locations and also enjoys a business/franchise relationship with many franchise locations in the United States (hereafter referred to as the “COMPANY”).

The franchise locations are each owned and operated independent of the other (the “FRANCHISE LOCATION”). You agree to be bound by the general terms of service with COMPANY under this Agreement as it pertains to website use, protection of COMPANY’S intellectual property, storage of data, and user restrictions. (See Full Terms and Conditions below). Upon your use and/or payment of any money to a specific FRANCHISE LOCATION, you expressly agree to the terms of the Membership Agreement (a separate agreement). COMPANY shall not be a party to such Membership Agreement and your remedies, be there any, shall solely and exclusively be between you and the specific FRANCHISE LOCATION you conduct business with. The Membership Agreement involves you and your specific FRANCHISE LOCATION only. The Golf Studio, LLC dba The Back Nine Golf (hereinafter referred to at times as “The Back Nine” “Company” “we” or “us”)
welcomes you our websites (collectively, hereinafter referred to at times as the “Site”). Below are the terms and conditions for use of this Site (hereinafter referred to as “Terms and Conditions Agreement”). By using or accessing this Site, you hereby agree to be bound by this Terms and Conditions Agreement. If you do not agree with this Terms and Conditions Agreement, discontinue or do not use this Site. The terms and conditions contained herein are subject to change and can be modified at any time with notice to you. Be sure to review this Terms and Conditions Agreement periodically for updates, as your continued
use of the Site signifies your acceptance of any changed terms and conditions set forth in this Terms and Conditions Agreement.

Note that the headings contained in this Terms and Condition Agreement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Terms and Conditions Agreement.

Intellectual Property

THE BACK NINE and other marks and logos are the intellectual property of Company and its subsidiaries. Our Site and all of its contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, video material, audio material, and software (collectively, the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by The Back Nine or the party credited as the provider of the intellectual property. Additionally, the Site
itself is protected by copyright as a collective work and/or compilation.
Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of The Back Nine or any third party. This Site is provided free of charge and is for informational purposes only and does not create a business or professional services relationship between you and The Back Nine.

No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by The Back Nine.

You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of personal interest to you for your personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way use any of our Intellectual Property or the Site itself.

 

Buying Memberships and Tee Times Online

Currently in select locations only, The Back Nine offers customers the ability to purchase long-term membership or month-to-month memberships (a “Monthly Membership”) and hours for use at such locations. To purchase a membership and/or a tee time online, you must provide to The Back Nine your name, e-mail address and credit or check card (check card must bear the VISA® or MASTERCARD® logo) for the payment method that you will use to make the purchase (hereinafter referred to as your “Payment Card”).

By requesting membership at The Back Nine and by accepting the benefits of membership at The Back Nine, you agree to the terms and conditions found in the Membership Agreement (above).
Monthly Membership: If you choose a Monthly Membership, you agree that as a condition of your continued membership at The Back Nine you authorize The Back Nine or its agent to charge your Payment Card the Monthly Membership fee (plus applicable taxes), in effect from time to time, on each monthly periodic anniversary date of your membership, until your Monthly Membership is canceled, as set forth in the Membership Agreement. For example, if your paid Monthly Membership began on June 19, your periodic anniversary date is the 19th of each month, and your Payment Card will be charged for the monthly periodic membership fee on that date each month. If your monthly periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid membership started on the 31st day of a month), your Payment Card will be charged on the first day of the following month. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable periodic membership fee. You agree to pay the monthly periodic membership fees (plus taxes) in accordance with your Payment Card issuer agreement, if applicable. You also authorize The Back Nine to charge your Payment Card for any other charges you may incur associated with your Monthly Membership.

Pending Charges

You also authorize The Back Nine to place a pending charge to your Payment Card when you sign up for membership (for both long term membership and Monthly Membership), and prior to each subsequent periodic charge for Monthly Memberships. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary (typically 3 to 7 days in length) and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of $1 per pending charge.

Fees Relating to your Payment Card

You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.

Expiration Date and Refusal of Charges to Your Payment Card

If your Payment Card reaches its original expiration date, your failure to cancel your Monthly Membership constitutes authorization for The Back Nine to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic membership fee, you have a period of 10 days from the date that your Payment Card was declined to make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information at the Site. If The Back Nine is able to charge your  Payment Card (existing or new, if you have provided new Payment Card information,) during the 10-day period and any past due The Back Nine membership fees are paid, then Monthly Membership benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your
Monthly Membership is cancelled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If The Back Nine is unable to charge your Payment Card (existing or new, if you have provided new Payment Card information,) within the 10-day period, then your Monthly Membership will be indefinitely suspended beginning on the 11th day from the date your Payment Card was initially declined. For the 30 days immediately following the suspension day, The Back Nine may attempt to charge the Payment Card the periodic membership fee every 10 days. If the charge is accepted, then your Monthly Membership benefits will be reinstated as of the date the charge is accepted.

This charge date now becomes your new periodic anniversary date and the Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your Monthly Membership is cancelled in accordance with the Membership Agreement and will be your Payment Card for all purposes. From time to time, The Back Nine may avail itself of account updating services provided by the Payment Card industry, including, without limitation, VISA’s Account Updater program or MasterCard’s Automatic Billing Updater program. By subscribing to a Monthly Membership, you hereby agree and authorize The Back Nine to update your Payment Card or similar account information and charge any updated Payment Card in accordance with the terms and conditions of such account updating programs. To find out how to cancel your Monthly Membership, click here: No refunds will be given online on any purchases of credit to use at our locations.

Proper Use of Our Site

This Site is made available to provide information about The Back Nine in both the United States. You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions Agreement, or cause damage on or through this Site. You agree that none of your communications with or through the Site will violate any applicable local, state, national, international or other law. You further agree that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. You agree to defend, indemnify, and hold The Back Nine, its affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions Agreement or any applicable law. 

Disclaimer of Warranty and Limitation of Liability

The Back Nine does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE BACK NINE, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT. UNDER NO CIRCUMSTANCES WILL THE BACK NINE, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE, ITS FEATURES AND/OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN
HORSE OR OTHER HARMFUL COMPONENT), EVEN THE BACK NINE OR ANY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

THE BACK NINE, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. THE BACK NINE UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION. 

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of The Back Nine or any affiliate, licensor, supplier or any other party involved in creating this Site and/or its contents, to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less. You agree to bring any and all actions within one year from the date the cause of action first occurred and that actions brought after this date will be forever barred. 

Links to Other Websites 

 

Our Site may provide links to websites not operated by The Back Nine. Access to any other websites linked to this Site is at your own risk. Such links do not imply, nor should you infer, The Back Nine’s association, sponsorship, affiliation or endorsement of material on any other website, and The Back Nine assumes no responsibility for third-party websites, including but not limited to any content contained on such websites. For example, The Back Nine does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party websites, even if someone from The Back Nine is quoted, leaves a comment, or our marketing or other materials make reference to that party’s website.

Although The Back Nine may open a new browser window when you click on a link to a third party’s website, The Back Nine does not guarantee that you will receive this alert when you leave the Site. It is your responsibility to determine when you have left this Site. Unless otherwise set forth in a written agreement between you and The Back Nine, you may link your website to the home page of our Site, provided that you adhere to the following linking policy: (i) any link to The Back Nine’s Site must be a text only link and clearly marked “The Back Nine Site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with The Back Nine’s names and trademarks, (iii) the link must “point” to the URL www.TheBackNine.com and not to other pages within the The Back Nine Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with The Back Nine, (v) when selected by a user, the link must display the The Back Nine Site on full-screen and not within a “frame” on the linking Site, and (vi) The Back Nine reserves the right to revoke its consent to the link at any time and in its sole discretion.

E-mail

 

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

Feedback and Submissions

Submission of any remarks, suggestions, material, information, ideas or other communications (each a “submission”) to this Site will be deemed to transfer to The Back Nine all present and future ownership and intellectual property rights in such submission of every kind and nature everywhere. All such submissions by you are voluntary, and The Back Nine has no obligation to treat such submissions as confidential or to compensate you for the submission. You agree that all such material, information and ideas are your own original works, and that they have not been published, publicly displayed, performed or transmitted in any manner whatsoever. In addition, you agree that you hereby waive all publicity rights and so-called “moral rights”. You agree that The Back Nine has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you with the submission. If any court determines that The Back Nine does not retain exclusive ownership of any such submissions, then The Back Nine retains a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submissions throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. 

The Back Nine is not responsible for any submission on its social media pages, including but not limited to Facebook and Twitter, which feed into the Site. You shall not submit or otherwise publish through such social media pages any content which libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening; infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks; violates any law; advocates illegal activity; or advertises or otherwise solicits funds or is a solicitation for goods or services (collectively “Non-
Approved Material”). 

Additional Terms

The Back Nine may terminate your access to this Site immediately without notice if, in The Back Nine’s sole discretion, you fail to comply with any of the terms of this Terms and Conditions Agreement. You may terminate this Terms and Conditions Agreement, immediately without notice to The Back Nine, at any time by discontinuing your use of the Site, and your use of any information you have obtained from the Site. The paragraphs entitled “Intellectual Property,” “Disclaimer of Warranty and Limitation of Liability,” “Feedback and Submissions,” “Additional Terms,” and “Governing Law and Jurisdiction” shall survive termination of this Terms and Conditions Agreement for any reason. 

The Back Nine reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions Agreement, including suspending or blocking your access to the Site. In addition to this Terms and Conditions Agreement, please see our privacy policy for our policies regarding privacy, which is incorporated herein by reference (“Privacy Policy”). Certain areas within this Site, may be governed by additional terms and conditions (“Additional Terms”) presented in conjunction with those areas. You must agree to these Additional Terms before using those areas. The Additional Terms and
this Terms and Conditions Agreement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions Agreement, this Terms and Conditions Agreement control. 

Privacy and Children’s Information

Please see our Privacy Policy for more information about the steps we take to protect your privacy. With respect to children’s privacy, we do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults at least 13 years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is 13 years or older, or if he or she is under age 13 that he or she is using this Site with the involvement of a parent or guardian.

No Waiver

No delay or failure by The Back Nine to enforce any of these Terms and Conditions Agreement shall constitute a waiver of any of our rights under this Terms and Conditions Agreement. Neither the receipt of any funds by The Back Nine nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms and Conditions Agreement. Only a specific, written waiver signed by an authorized representative of The Back Nine shall have any legal effect. 

Severability

If any clause or provision set forth in this Terms and Conditions Agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

Governing Law and Jurisdiction

This The Back Nine Site is operated by the Company, a Utah LLC. The Back Nine makes no representation that the information in this Site is appropriate or available for use outside of the United States, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you access this Site from outside the United States, be advised this Site may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Site from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. This Terms and Conditions Agreement and all policies and documents incorporated herein by reference constitute the entire agreement between The Back Nine and you with respect to the subject matter herein.

This Terms and Conditions Agreement and any disputes arising under or related to this Terms and Conditions Agreement, the Membership Agreement, Privacy Policy and/or any additional terms to this Site shall be governed by the laws of the State of Utah without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within Washington County, Utah for any legal proceeding arising from this Terms and Conditions Agreement, the Membership Agreement, Privacy Policy and/or any additional terms to this Site, regardless of the cause of action or which party has initiated the legal proceeding.

This English-language Terms and Conditions Agreement is The Back Nine’s official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions Agreement and its translation into another language, this English-language document shall control.

For More Information

If you have any questions regarding our Terms and Conditions Agreement, please contact us by sending an email to info@thebackninegolf.com or writing to us at 898 E 4010 S, Washington, UT 84780. Attn. The Back Nine Golf. 

Updated: December 26, 2023