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RAD PRIVACY POLICY AND TERMS OF USE 

This privacy policy only applies to websites operated by Rad Golf, Inc. (“Rad”). Rad is the operator of the website and/or other related websites (collectively “Site”) and the Pinpoint Application used to synchronize databases with compliant devices (“App”). Rad and its officers, directors, employees and agents are required to honor this Privacy and Security Statement. This privacy policy is not intended to govern any existing or future websites and/or services operated by third parties or companies that are not controlled by Rad. 

PRIVACY POLICY 

If you choose to purchase products and/or services from the Site, you will be required to provide the following personal information (“PI”): your name, credit card information, telephone number, mailing/shipping address and email address. Rad collects PI to process orders, contact regarding your order and/or answer your questions or concerns. PI is collected in the following ways:  

Financial Personal Information: When you register for a paid subscription/service plan (“Membership”), you must disclose Financial PI. Third party merchants process the Financial PI. Rad takes no responsibility for actions of third parties, does not indemnify third parties and by using the third-party merchants to process your Financial PI you agree to hold Rad harmless for any actions taken by the third-party merchants. 

Personal Information: Rad collect non-financial PI for members, including free members. By signing up, you give Rad permission to collect and retain your PI. Rad uses your telephone number for customer service if you contact Rad about your account; please use a valid telephone number. Third-party traffic and analytic management software collects information through Cookies set on your computer if your computer allows Cookies (“Analytic Software”). Information gathered by the Analytic Software may be associated with your PI. 

Online Membership Registration: You do not have to register on the Rad site to shop online. Membership may be offered for free, with access to “free” sections of the Site or App. Paid members receive additional benefits, and access to data files. 

Marketing: When registering, the opt in to receive Rad marketing promotions is pre-selected. Opt in recipients receive other forms of email and text message (“SMS”) communication, such as special offers. You specifically authorize Rad to send you email and SMS communications until you opt out. You may opt out of Rad email and SMS as well as any form of non-transactional communication from within your account. If you opt to receive emails, Rad will share your name and email address with the email service provider to deliver email marketing information, use of this information is only permitted in connection with administration and delivery of the email program. Rad uses PI for marketing purposes, such as developing and providing promotional and advertising materials that may be of interest to you; analyzing the effectiveness of those materials and customizing and improving them.  

Surveys: Rad may conduct voluntary surveys through the Site, App or email. The surveys may ask customers for background information and about their preferences. You are not obligated to participate. The information Rad collects through surveys is used to better serve customers and improve satisfaction. Rad does not sell any information gathered in the surveys but may share the results with Corporate or Business Affiliates in accordance with this Statement. 

Tell-A-Friend Email: You must provide your email address and the recipient’s email address to send a personal greeting to whomever you designate. Rad does not use the email address or information contained in these greetings except to complete the service you requested. By using the service you affirm that the recipient of your message consented provide the email address for the purpose of sending the message and any attached information. 

Links: Rad provides links to websites outside its control. Rad is not responsible for the privacy, terms of use or other policies of any other website or their management of your PI. 

Corporate Change: Rad may sell, transfer or otherwise disclose Personal PI including but not limited to your name and mailing address, if there is a fundamental corporate change, such as a merger, consolidation, reorganization, strategic partnership or the sale of substantially all assets. 

Government Process: if compelled to do so by valid subpoena or court order or other governmental process, Rad may disclose PI as legally required to do. Rad may use or disclose your PI if necessary to protect the interests of Rad or its Corporate Affiliates. 

Cancellation: you may opt out of Rad email marketing and other email communications at any time by choosing the unsubscribe link in a message or select “No” in your profile after registration. Transactional emails may not be opted out of as they relate to your service, devices and billing. 

Personal Data Rad Collects from You: 

Rad strives to collect only the personal data we need. PI collected depends on how you interact with Rad. Descriptions of how Rad handles personal data for certain individual services are available either in settings related to those features. 

When you purchase and/or activate a product or device, download a software update, connect to our services, contact us (including by social media), participate in an online survey, or otherwise interact with Rad, we may collect a variety of information, including:

  • Account Information: Account details, such as: email address, registered devices, account status and age. 
  • Device Information: Identification, such as device serial number or browser type. 
  • Contact Information: Data such as name, email address, physical address, phone number and other contact information. 
  • Payment Information: Data about your billing address and method of payment, such as bank details, credit, debit or other payment card information. 
  • Transaction Information: Data about purchases of Rad products and services or transactions facilitated by Rad. 
  • Fraud Prevention Information: Data to help identify and prevent fraud, including device trust score. 
  • Usage Data: Data about your activity on and use of our offerings, such as App launches within our services, including browsing history; search history; product interaction; crash data, performance and other diagnostic data; and other usage data. 
  • Location Information: Precise location relating to golf course information, and location on course. 
  • Government ID Data: In certain jurisdictions, we may ask for a government-issued ID in limited circumstances as required by law. 
  • Other Information: Data you provide, such as the content of your communications with Rad, including interactions with customer support and contacts through social media channels. 

You are not required to provide PI requested. However, if you choose not to do so, in many cases we will not be able to provide you with our products or services or respond to requests you may have. 

Personal Data Received from Other Sources: Rad may receive personal data about you from other individuals, businesses or third parties acting at your direction, from our partners who work with us to provide our products and services and assist us in security and fraud prevention, and from other lawful sources. 

  • Individuals: Rad may collect data about you from other individuals — for example, someone sent you a product or gift card, invited you to participate in a Rad service or shared content with you. 
  • At Your Direction: You may direct other individuals or third parties to share data with Rad. For example, you may direct your mobile carrier to share data about your carrier account with Rad for account activation. 
  • Rad Partners: Rad may validate information you provide with a third party for security and fraud-prevention purposes. 

Research and development purposes: Rad may use datasets which contain images, voices or other data that could be associated with an identifiable person. When acquiring such datasets, we do so in accordance with applicable law, including law in the jurisdiction in which the dataset is hosted. When using such datasets for research and development, we do not attempt to re-identify individuals who may appear therein. 

 

Technical Information: 

Cookies: Rad collects and aggregates information on thousands of site visits about how users navigate the Site. Rad analyzes this information to improve the Site by gearing it to users’ preferences. Rad may share this information with affiliates or other third-party companies to indicate the interest in the Site and make technical improvements. This aggregated information will not identify you individually or any other user of the Site. 

Cookies identify your computer and not your email address. Rad uses cookies to track items you placed in your shopping cart during a single shopping session. Cookies automatically expire when you have not returned to the Site for a certain period of time. Your browser must be set to accept cookies before you can place an order. Rad Business Partners may use cookies on the Site. Rad has no access to, or control over these cookies once partners are given permission to use cookies for advertising purposes. 

Analytical Data: Analytic service providers, and advertising software may use cookies and may receive information about your browsing and buying activity on the Site. This information may include your Internet Protocol (IP) address, your computer’s operating system, browser type and the address of a referring website, if any. 

 

Security: 

Rad has electronic and corporate policies and procedures in place for the security of every order placed online. Secure Socket Layer technology (SSL) keeps others from intercepting your information while being transmitted across the Internet. SSL technology is the industry standard method of communicating secure online transactions and is built into most major browsers. The secure mode begins when you initiate your order. All information, once on the Rad server, is protected from any external intrusions. Once your order is processed, Rad does not retain your credit card number in the online systems. Only Rad employees who require your PI to serve you have access to your data, which is password protected. SSL protects information sent to Rad, and the security certificate confirms Rad is the recipients of this information. Rad strives to protect your data with the utmost care at all steps in the process. However, no data transmission over the Internet or any wireless network can be guaranteed to be absolutely secure. Rad does not warrant or ensure the security of any information sent to Rad online.  

Email Abuse: Fake emails that appear to be, but are not, sent from reputable sources, such as Rad, are known as “phishing,” which is an attempt to trick unwary recipients of an email into divulging PI. If you have any question about the genuineness of an email you receive that appears to be from Rad, please contact us. Do not furnish any PI in response to the email unless its authenticity can be verified. 

 

Transaction Security 

Secured communications on the internet require attention to authentication, encryption and data integrity. All three are addressed by the Secure Socket Layer (SSL) protocol. Authentication is the process of establishing your connection with the web server, rather than another server assuming Rad identity. Rad obtained a digital security certificate from Go Daddy Secure Certification Authority. The security certificate confirms Rad is the recipients of your communication. 

Encryption is the process of scrambling data (through use of keys and mathematical encoding algorithms) to prohibit the data from being understood between your browser and the server. Encryption protects communications between your browser and Rad Site. To ensure you are in SSL or secure mode for your transactions, look at the address of the page. Secure pages usually have an address of ‘https://’. 

Child Policy: If you are under 18 years of age, do not submit any information without the express consent and participation of a parent or guardian. If you believe Rad has information from or about anyone under 13 years of age, please contact Rad immediately. 

Links: Rad may provide links to affiliated entities and to other sites. These sites operate independently of Rad and have established their own privacy and security policies. For the best online experience, review these policies before submitting any Personal Information through these sites. 

Consent to Transfer: The Site is operated in the United States (“US”). If you are outside the US, the information you provide to Rad will be transferred to and within the US. By using the Site or App and providing PI through the Site or App, you consent to this transfer. 

Canadian Residents: except as restricted by law, are entitled to access their PI collected by Rad by writing to: Rad Technologies, Customer Service Privacy Director, 2308 Kettner Blvd., Suite B, San Diego, CA 92101. Rad may ask you to pay an administrative fee for accessing or copying your information, but will inform you of the anticipated charges and confirm before processing your request. If you believe information collected is incomplete or inaccurate, Rad will correct the information upon verification of the omission or error and the identity of the person requesting the change. 

California Residents: in addition to the rights set forth above, you have the right to request information from Rad regarding how certain categories of your PI are shared with third parties, for the third parties’ direct marketing purposes. California law provides you the right to submit a request to us at the designated address and receive the following information: The categories of information disclosed to third parties for the third parties direct marketing purposes during the preceding calendar year; names and addresses of third parties that received such information; and if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed. 

Updates to this Statement: Rad reserves the right to make changes at any time to its policies and/or alter the look and functionality of the Site. If there are changes to the use of your PI, Rad will post the policy change and update this Statement accordingly. Rad encourages you to periodically review this Statement for updated information on privacy and security policies. Statement last updated June 13, 2022. By using the Site or App, you agree to be bound by the terms of this Privacy Policy. No physical signature is necessary for this Agreement to have legal effect and to be binding upon the Parties.

Rad Terms and Conditions 

In addition to the terms set forth in the Privacy Policy, Rad provides its Site and App to users on the following terms and conditions. 

Security Rules: you are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for you or logging into a server or account you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited email, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You are specifically prohibited from accessing the raw data in Rad data files (".glf files"). If Rad finds files or processes belonging to you pose a threat to the proper technical operation of the system or to the security of other members, Rad reserves the right to delete those files or to stop those processes. If Rad suspects a username is being used by someone not authorized, Rad may temporarily disable access in order to preserve system security. In such case, Rad will contact you in a reasonable time. Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site or taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure is expressly prohibited. Violations of these Security Rules may result in civil and/or criminal liability. Rad investigates occurrences of such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.  

Username and Password: you are responsible for maintaining the confidentiality of your username and password. You are responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Rad of any unauthorized use of your registration, information, username or password.  

Indemnification: by using the Site or App you agree to defend, indemnify and hold harmless Rad from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your conduct or your use of the Site or App.  

Release and Limitations of Liability: you agree to release Rad from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to your breach of this Agreement. IN NO EVENT SHALL RAD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INNACURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RAD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, RAD'S MAXIMUM LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER. 

 
Rad Intellectual Property:

The Site, App and the contents are copyright of RAD, ©2005-2022. All rights reserved. If you post a comment or post to the Site, you specifically agree that:

  1. Rad shall immediately own an irrevocable, perpetual, royalty free license to use all or any portion of your post or comment for use on the Site, and for any other purpose Rad determines to use the post or comment for, including, without limitation, licensing the post or comment to third parties for a fee, either alone or as part of a license to additional content from the Site. You are not entitled to receive any compensation whatsoever for your release of the post or comment, except that where you have attributed the content to yourself, you will be credited with such authorship.
  2. You are solely responsible for the content and defend and indemnify Rad for any invasion of privacy, copyright infringement, defamatory or libelous statement, breach of a duty of confidentiality or other claim that arises as a result of your post or comment. You may not distribute or commercially use the Site or App content without Rad express and written permission. You may not republish or syndicate the Site or App content. You may not transmit or store the content in any other website or other form of electronic retrieval system. You may not redistribute or reproduce any of the contents in any form. The Site contains material owned by or licensed to Rad. Material includes, but is not limited to design, layout, graphics and overall appearance. Reproduction is prohibited other than in accordance with the terms above. You may not use the Site or App (including feeds) to supply another site with Rad any information from the Site, except you may post the title to articles, posts and comments with no more than 3 lines of the beginning of any article, post or comment, with a link back to the source article, post or comment originated from on the Site. You may not copy or distribute any.glf files. The .glf files are a proprietary file format that is compatible with Rad devices. You agree not to give, share, trade or distribute any .glf file. The files that you purchase or download as part of your Membership are for your personal use only. 
  3. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Rad, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing.  

Return Policy: you may purchase goods through the Site. Most goods on Site are purchased from a third-party, who will email you its return policy with your purchase. Rad is not responsible for returns, warranty or repairs to goods that you purchase through Rad that are shipped by third-party. For goods sold directly by Rad, you will receive a confirmation email from Rad with its return policy. For any return to Rad of a product, a return of merchandise authorization (RMA) must be obtained from Rad prior to return. A 15% restocking fee may apply. 

Membership and Software is an annual subscription which is not refundable once purchased. Once you subscribe, you have access to the Rad database, you are presumed to have accessed the database, and therefore received value for your subscription. Rad does not offer refunds or credits for Membership or Software. If you purchase a Membership, and proceed to challenge the charges to your credit card company, you agree Rad may pursue you for collection in Phoenix, Arizona, and Rad will be entitled to attorneys’ fees and costs for its efforts to collect your "charged back" Membership fees. In the event a third-party used your credit card fraudulently, your credit card insurance should cover your losses, and chargeback would be inappropriate.  

Cancelation of services occurs upon missed payment or non-payment. If you wish to continue services, you must renew the subscription within 30 days otherwise the device must be sent to Rad for reactivation and pay additional reactivation fees. If you remove an asset from auto renew, that asset will become inactive and unable to access any tracking information 365 days after deactivation. When a device goes inactive, the network subscription automatically shuts off and you have 30 days to reactivate the service. If you do not activate within that time frame, then you have to ship the device to Rad and pay additional fees. This differs from you manually removing the device, which in turn cancels the network subscription.  

App End User License Agreement: In addition to the terms set forth in this Agreement, you agree to be bound by the terms of the End User License Agreement found within the App.  

Warranties: RAD DOES NOT WARRANT THAT THE SITE, SERVERS OR APP WILL OPERATE ERROR-FREE OR WILL ALWAYS BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE SITE OR THE APP RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RAD IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE APP, SITE AND THE INTERNET IN GENERAL. THE SITE AND APP ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RAD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RAD MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, DATA, SOFTWARE, TEXT, GRAPHICS AND LINKS. 

Severability: If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.  

Waiver: breach of this Agreement, wholly or in part, may not be waived. Non-action of this Agreement, wholly or in part, shall not be deemed a waiver of any breach, or relinquishment of any other right.  

Equitable Relief: Damages at law may be an inadequate remedy for a breach, or threatened breach, of this Agreement and in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be enforceable by specific performance, injunction or other equitable remedy. Nothing herein contained is intended to, nor shall it, limit or affect any right or rights at law or by statute or otherwise of a Party aggrieved as against the other for a breach or threatened breach of any provision hereof, the respective rights and obligations of the Parties hereunder shall be enforceable in equity as well as at law or otherwise and the mention of any particular remedy shall not preclude a Party from any other remedy it or he might have, either in law or in equity. 

Mandatory arbitration and class action waiver for residents of the United States:  

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

Application: You and Rad agree these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. 

Initial Dispute Resolution: Most disputes can be resolved without resorting to arbitration. Before taking any formal action, you will contact us at legal@RadGolf.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Rad, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.  

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach) shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. 

Arbitrator’s Powers: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 

Filing a Demand: To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) contact JAMS and follow the appropriate procedures with JAMS to commence the arbitration (c) Send one copy of the Demand for Arbitration to us at: legal@RadGolf.com . Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. 

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in City of Phoenix, Arizona, United States, and you and Rad agree to submit to the personal jurisdiction of any federal or state court in the City of Phoenix, Arizona in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class action waiver: The parties agree that arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND RAD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 

Exception. Litigation of intellectual property and small claims court claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. 

30-day right to opt out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to legal@RadGolf.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT OUT.” The notice must be sent within thirty (30) days of (a) the effective date of these Terms; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Rad also will not be bound by them. 

Changes to this Section: If we make any changes to this section, you may reject any such change by sending us written notice within 30 days of the change to legal@RadGolf.com. It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of this Section within the first 30 days after you first accepted these Terms. If you have not properly opted out of this Section after such first 30 days, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us. 

Survival: This Section shall survive any termination of your use of the Services. 

Jurisdiction, Venue and Applicable Law: This agreement shall be interpreted and governed in accordance with the laws of the State of Arizona. You agree that any action arising under or relating to this Agreement shall be filed in either state or federal court in the City of Phoenix, Arizona and that personal jurisdiction and venue shall be and is proper in such state or federal court. Any dispute arising under or relating to this Agreement shall be submitted to non-binding mediation in the City of Phoenix, Arizona prior to the filing any lawsuit in state or federal court. 

Changes: Rad reserves the sole right to make changes at any time to this Agreement at any time. You should periodically review this Statement for updated information on the privacy and security policies. By using the Site or App, you agree to be bound by the terms of this agreement. No physical signature is necessary for this Agreement to have legal effect and to be binding upon the Parties.