Last updated: April 2, 2025

 

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the random pairing feature operated by SwingPass Inc. ("us", "we", or "our"). When we say "Service" in these terms we mean the random pairing feature and any related services, websites, events, and any other business related products, offerings, or matters including our monthly play and member chat forum.

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Your access to and use of the random pairing feature is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the random pairing feature.

 

By accessing or using the random pairing feature you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to use the random pairing feature.

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1. You agree to have your contact information shared with the players you are paired with. This may include name, email, and phone number.

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2. If you share any additional contact information or personal information with the random partners, you are personally responsible and accept any risk associated with sharing it.

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3. If you agree to meet up with the random players for the monthly play, you are personally responsible for any actions that take place. Though we strive to encourage a respectful user experience, we are not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

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CODES OF CONDUCT

 

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

 

• Harass, threaten, stalk, disrupt or defraud users, members or staff of SwingPass or associated third parties or SwingPass partner facilities, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;

• Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;

• Share SwingPass passwords with any third party or encourage any other user to do so;

• Permit anyone to use any events or services booked under your own membership, including other members;

• Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Service;

• Misrepresent the source, identity, or content of information transmitted via the Service, including deleting the copyright or other proprietary rights or notices from any portion of the Service;

• Upload material (e.g. virus) that is damaging to computer systems or data of SwingPass or users of the Service or otherwise use the Service in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Service;

• Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;

• Upload or send to Service users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;

• Decompile, reverse engineer or disassemble the Service, in whole or in part, except as may be permitted by applicable law;

• Link to, mirror or frame any portion of the Service;

• Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;

• Attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks or interfere or attempt to interfere with the proper working of the Service or any activities conducted via the Service;

• Make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to users;

• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, any features that prevent or restrict use or copying of any content accessible through the Service, or any features that enforce limitations on the use of the Service or the content therein;

• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;

• Modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service;

• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;

• Use the Service for or in connection with any purpose that is unlawful or prohibited by these Terms.

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All of these prohibitions and restrictions also apply to your use of our member chat forum. We reserve the right to remove you from the chat forum at any time if we feel you have violated one of these codes of conduct.

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​NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

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SwingPass does not conduct criminal background or identity verification checks on its users. Though we strive to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. Use your best judgment when interacting with others.

 

YOU UNDERSTAND THAT SWINGPASS DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. SWINGPASS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. SWINGPASS RESERVES THE RIGHT TO CONDUCT - AND YOU AUTHORIZE SWINGPASS TO CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED VIA THE SERVICE MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

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Though SwingPass strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

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Grant of Rights

 

Any photos or video you are featured in while participating in SwingPass events or services, such as the monthly play, may be used for website content, social media content, advertising, and any other forms of photo/video use related to promoting SwingPass as a business. No compensation will be paid with respect to SwingPass’ use of aforementioned photos.

 

Injury

 

You voluntarily assume all risk and danger of property loss and personal injury incidental to the game of golf and related activities when involved with activities associated with the Service, during a SwingPass event, during our monthly play on your own time, or at a SwingPass partner facility, including specifically (but not exclusively) those relating to the structure and conditions of the golf facility and equipment, and the danger of being injured by flying objects including clubs and golf balls. To the extent permitted by law, you irrevocably waive all claims of any nature against SwingPass, and release and discharge SwingPass from all claims, liability, costs, expenses, damages or losses (whether direct or consequential and whether arising under statute, from negligence, personal injury, death, property damage or otherwise) arising from or in connection with the Service, notwithstanding that it may have been caused by the negligent act or omission on the part of SwingPass.

 

You release owners of the golf facility hosting the event, SwingPass, and any of either of their subsidiaries, affiliates, officers, directors, agents, and employees from any liability related to personal injury that occurs while using the Service or anything in relation to the Service.

 

Limitation Of Liability

 

In no event shall SwingPass Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

 

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

SwingPass Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Exclusions

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

 

If you have any questions about these Terms, please contact us.