Term & Conditions     


Dear The Early Birdie Deals User,

Thank you for visiting theearlybirdie.com ("the early birdie”). The early birdie is a website owned and operated by the early birdie, LLC. The following Terms and Conditions govern the relationship and establish and limit the contract between you and the early birdie. By visiting and using our site you are agreeing to these terms and conditions so please review them carefully. If you do not agree to them, you may not use the site. These terms and conditions specifically apply to all purchases made through the early birdie.

   * Your information and our privacy policy
It is necessary for us to collect limited information from you, e.g., your name, address, and email address. This allows us to notify you of our Deals in an efficient manner. By registering as a member of the early birdie, you are specifically authorizing us to communicate with you via email. From time to time, the early birdie may offer special, promotional giveaways to registered members. It is our policy to publicize the names of winners of such promotions, and you specifically authorize us to use your name in connection with these promotions in advertising as the early birdie deems appropriate.

   * What will you do with my credit card and billing information?
Your purchases of the early birdie Deals are handled through [PayJunction], one of the most secure and trusted names in internet commerce. Your personal billing information is provided directly to them, not to the early birdie.

   * Identification of the Parties
This website is owned and operated by the early birdie, LLC which is organized under the laws of the State of South Carolina. All references to "us," “our," " the early birdie," and  “theearlybirdie.com”, refer to the the early birdie, LLC. All references herein as "you" or "your" mean the user or visitor to the website and include any and all purchasers who buy using the website. Third parties typically refer to merchants such as golf course operators, golf instructors, golf equipment vendors, driving ranges, and hotels and resorts offering golf-related stay and play packages.  The merchant/vendor who is listed on our website is the seller and the user is the purchaser. All rights and obligations under this agreement stem from these capacities. The early birdie is not the seller of the Deals sold through the site, but merely acts in the capacity of a middleman in the transaction. We do not operate or control the businesses offering the Deals which are listed on the website. Therefore, we have limited ability to provide customer service regarding Deals purchased through the website. If you have problems with a merchant/vendor that you cannot resolve please email us to see if we can help you.

   * Deals
The term "Deal" as used in these terms and conditions means the various merchant/vendor offers that are presented on the website for purchase by the visitors to the website. Typically, these Deals offer discounts on golf and golf-related services and merchandise. The Deal includes the offer, the conditions and limitations as stated in the description of the Deal, the standard policies of the merchant/vendor,  as well as these terms and conditions.

   * Refunds
Refunds are handled on a case-by-case basis. We want you to be happy with your purchases and will do our best to satisfy you. However, no refund request will be considered after seven (7) business days following your purchase from the early birdie.

   * Equipment
You are responsible for all computer and other equipment needed to use our website. The early birdie is not responsible for any damage to your equipment during or as a result of using our website.

   * Electronic Communications
The early birdie's communications with you will primarily be through email, and we request that you use email to communicate with us. You agree that all notices, disclosures, and agreements that we provide to you electronically will satisfy, to the extent permitted by applicable law, any legal requirement that such communication be in writing.

   * Copyrights, Trademarks, and Intellectual Property
This website, its content, and its design are the exclusive property of the early birdie, LLC. Any copying, transmitting, distributing, posting, linking, deep linking, modifying, or other uses inconsistent with the rights of the early birdie are strictly prohibited without the express written consent of the early birdie. Violations which constitute infringements of intellectual property rights of the early birdie (including copyright and trademarks) may subject you to civil and/or criminal penalties. This website contains copyrighted, trademarked, or other protected material which belongs to third party merchants using our website for their advertising. These materials are similarly protected, and the images, designs, logos, and other proprietary information belonging to third party merchants may not be used, copied, downloaded, or disseminated in any way inconsistent with the owners' intent to advertise on the early birdie's site. The early birdie does not assume any responsibility to provide any special marking or indication to identify trademarked or copyrighted material contained within the website. Rather, it is your responsibility to determine what, if any, material within the website is within the public domain.

   * Indemnification
You agree to defend, hold harmless, and indemnify the early birdie and its owners, members, managers, agents, and employees from any claim, damage, loss, or liability, including attorneys' fees arising out of your use of the website and your purchases made using the website.

   * Disputes and Arbitration
Any dispute arising from or involving the use of the site will be governed by the laws of the State of New Jersey (exclusive of its rules regarding conflicts of laws) with venue in Hudson County, New Jersey. All disputes or claims which result from the use of or in connection with the website or the purchase of any service or item on the website shall be finally settled by arbitration under the rules of the American Arbitration Association. Any such arbitration shall take place in Hudson County, New Jersey.

   * Disclaimer of Warranties and Limitations of Liability
You expressly agree that your use of theearlybirdie.com is at your sole risk. Neither the early birdie, its owners, members, managers, employees, affiliates, or agents nor any of its advertisers, their owners or agents nor any third party content provider warrants that the website is free of errors. No warranty is made regarding your results from using this site or the accuracy, reliability, or content of any information provided on the website. The early birdie hereby disclaims any liability for any claim, damage, or loss arising out of the use of the website. Additionally, although we believe the internet to be generally safe, the early birdie accepts no responsibility for actions beyond our control such as computer viruses, trojan horses, etc. In no event will the early birdie be responsible for any loss or damage arising out of the use or inability to use the site, however caused, and under any theory of liability. In the event of negligence on the part of the early birdie resulting in loss to a purchaser, the maximum liability under our agreement is the amount of money spent for the purchase. The early birdie makes no warranties regarding any of the Deals offered for sale on this website except that the merchant will honor the terms of the Deal with all limitations and qualifications thereon as presented on the website. The user acknowledges that all descriptions, opinions, evaluations, and recommendations are inherently subjective, and the early birdie specifically disclaims any warranties regarding the truthfulness or accuracy of such descriptions, opinions, evaluations, or recommendations. The early birdie does not warrant the condition, caliber, or quality of the golf courses, instructors, hotels, etc. whose goods or services are offered for sale on the website. All purchases made through the website are on an "as is" basis without warranties of any kind, express or implied, except those warranties which cannot be limited because of the operation of law. Information posted on our site relating to a specific Deal is supplied to the early birdie by the merchant or vendor of the particular Deal. The early birdie assumes no responsibility for independently verifying this information and specifically disclaims any and all liability, direct or indirect, for inaccuracies, exaggeration, or misstatements provided by the merchant/vendor.

   * Terms of Sale

  1. Every Deal is offered subject to its own terms and conditions. For example, a deal for greens fees may require that you schedule your tee time in advance or that it is only valid for play on certain days, at certain times, and by a certain date. Additionally, greens fees (tee times) will be subject to availability, weather conditions, rain check policies of the merchant/vendor and other policies of the merchant/vendor.  All these limitations may or may not be clearly stated on the website and are part of your agreement to purchase the Deal.  
 
2. The merchant/vendor is the seller of the goods and services purchased through the website and is solely responsible for providing the goods or services purchased. The name of the merchant/vendor will be clearly stated in the details provided for each Deal.  

 3. Many Deals also state an expiration date. These expirations may be subject to legal restrictions within individual states. Depending on your state law, your purchase may not expire on the date as stated on the website. If your state prohibits such an expiration and in the event that you do not redeem your Deal by the expiration date, you are entitled only to a credit from the merchant/vendor (not the early birdie) in the amount you spent on the purchase. For example, if you paid $30 for two greens fees with a stated value of $60, you are entitled to a credit of $30 from the merchant/vendor after the expiration date, not the stated $60 value.
 
 4.  In no event is the merchant/vendor under any obligation to provide the benefits of the Deal after the expiration date as stated. If required by state law, the maximum credit available from the merchant/vendor after the expiration is the amount you paid.
 
 5. Additionally, at the discretion of the merchant/vendor your credit is only valid towards like-kind purchases. So if your Deal was for greens fees, you may use your credit only for greens fees. Your credit would not be available for merchandise or meals.  
 
6. Your purchase of the early birdie Deal has no cash value. Unless required by state law, it may only be redeemed for the merchandise or service as stated in the offer. It may not be combined with any other coupon, promotion, or gift certificate. No cash back will be issued under any circumstances.  

 7. Your Deal may not be redeemed incrementally. If you purchased two greens fees for $30, you cannot play on two different days or times for $15 each, but instead, two of you must play in the same foursome.

   * Modification of this Agreement
The early birdie reserves the right to modify these terms and conditions at any time with or without notice to you. Any such change in terms and conditions will be effective immediately upon their publication on the website. However, the terms and conditions in effect at the time of a purchase will govern our agreement.

   * Termination
The early birdie may change or discontinue its website at any time without prior notice and for any reason without further liability to you.

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