1. Terms and Conditions Agreement (this “Agreement”)

The terms and conditions for the use of www.Greatshots.golf (the “Site”) are set forth below:

By using or accessing this Site, you hereby agree to be bound by this Agreement. If you do not agree with, or accept the terms of this Agreement, please discontinue your use of this Site. The terms, conditions and other provisions contained herein are subject to change and can be modified at any time. Your continued use of the Site or the Facilities signifies your acceptance of any changed terms and conditions set forth in this Agreement.

2. Intellectual Property

Great Shots Golf (collectively, “Great Shots”) and its other marks and logos are the intellectual property of Sanford Frontiers, its parents, subsidiaries, and affiliates, or those belonging to its affiliates, licensors, or service providers.

This Site and all of the content therein (including, without limitations, articles, text, charts, photographs, images, illustrations, graphics, video material, logos, features, services, 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, controlled, or licensed by Great Shots 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 constructed as creating or conferring to you, directly or 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 Great Shots 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 Great Shots.

No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Great Shots in writing.

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. You may occasionally download or copy small amounts of materials appearing on the Site that are of personal interest to you for your personal and strictly 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 or copied 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 or attempt to alter or modify the content posted on the Site.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by Great Shots infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Great Shots to locate the material on the Great Shots site; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Great Shots a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Sanford Frontiers (Great Shots), Attn: Legal Department, P.O. Box 2010, 801 Broadway North, Fargo, ND 58122-0206. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

3. Proper Use of Our Site

This Site is made available only to provide information about Great Shots. You may not use this Site for any purpose that is unlawful or prohibited by this Agreement, including, but not limited to, violating or infringing upon our Intellectual Property rights, or that causes damage to us or others directly or indirectly 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 or regulation. You further agree that none of your communications with or through the Site will infringe upon the rights of any third party or contain unlawful, threatening, abusive, discourteous, criminal, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, defamatory, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable (in Great Shot’s sole discretion). You agree to not impersonate any person or entity or use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others.

Some areas of the Great Shots site may require you to register with us. If and when you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate these terms and conditions with you and your use of the Great Shots Site.

As part of the registration process, your user name will be your email address and you will be asked to select a password. Great Shots may refuse to allow you to use a username or password that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by Great Shots in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Site to any third party. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. We may block you from this Site at our sole and absolute discretion.

You agree to defend, indemnify, and hold Great Shots, its affiliates, and their 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 limitations, reasonable legal and accounting fees and cost 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 or regulation.

4. Disclaimer of Warranty and Limitation of Liability

 Great Shots does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.

THIS SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. GREAT SHOTS, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESSED 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. INFORMATION ON THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

UNDER NO CIRCUMSTANCES WILL GREAT SHOTS, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER ENTITY WITH INTEREST IN THIS 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, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN, OR OTHER HARMFUL COMPONENT), EVEN GREAT SHOTS OR ANY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBLITY OF SUCH DAMAGE.

GREAT SHOTS, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THIS 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. GREAT SHOTS UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OF SUCH INFORMATION.

A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING IT. In the event that applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of Great Shots, 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 $50.00, whichever is less. In such event, you agree to bring any and all actions within one (1) year from the date the cause of action first occurred and that actions brought after this date will be forever barred.

5. Links to Other Websites

Our Site may provide links to websites not operated by Great Shots. Accessing other websites linked to this Site is at your own risk. Such links do not imply, nor should you infer, Great Shots association, sponsorship, affiliation or endorsement of material on any other website, and Great Shots assumes no responsibility for third-party websites, including but not limited to any content contained on such websites. Great Shots does not certify, 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. Unless there is a specific written endorsement (using the word endorse or a derivative thereof), even if someone from Great Shots is quoted, leaves a comment, or our marketing or other materials make reference to that party’s website, it shall not be construed as an endorsement, judgment or warranty of any kind.

Although Great Shots may open a new browser window when you click on a link to a third party’s website, Great Shots does not guarantee that you will receive any 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 Great Shots, you may link your website to the home page of our Site, provided that you comply with the following linking policy: (i) any link to the Site must be a text only link and clearly marked “Great Shots”; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Great Shot’s names, trademarks, or  other Intellectual Property; (iii) the link must point to the home URL, www.greatshots.golf, and not to other pages within the Great Shots 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 Great Shots; (v) when selected by a user, the link must display the Great Shots Site on full-screen and not within a frame on the linking Site; and, (vi) Great Shots reserves the right to revoke its consent to the use of the link at any time and in its sole discretion.

6. E-mail

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

7. Feedback and Submissions 

Submission of any remarks, suggestions, material, information, ideas or other communications (each submission) to this Site will be deemed to transfer to Great Shots 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 Great Shots 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 Great Shots 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 Great Shots does not retain exclusive ownership of any such submissions, then Great Shots 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.

Great Shots is not responsible for any submission on its social media pages, including but not limited to Facebook, Twitter, and Instagram which may 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.

8. Additional Terms

Great Shots may terminate your access to this Site immediately without notice if, in Great Shot’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 Great Shots, 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.

Great Shots 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 or Facilities.

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 takes control.

9. Privacy and Children’s Information 

Information that you provide to us or that we collect about you through your access to and use of this Site is subject to Great Shot’s Privacy Statement, the terms of which are hereby incorporated by reference into this Agreement. We encourage you to read and become familiar with our Privacy Statement. For inquiries regarding your privacy, please contact the privacy office at privacyoffice@Sanfordhealth.org.

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 thirteen years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is thirteen years or older, or if he or she is under age thirteen that he or she is using this Site with the involvement of a parent or guardian.

10. No Waiver

No delay or failure by Great Shots to enforce any of these Terms and Condition Agreements shall constitute a waiver of any of our rights under this Terms and Conditions Agreement. Neither the receipt of any funds by Great Shots, 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 Great Shots shall have any legal effect.

11. Photo/Video Consent 

Great Shots is authorized to use, reproduce, and/or publish photographs and/or video that may pertain to guests including their images, likeness and/or voice without compensation on the Site or within the Facilities. This material may be used in various publications, public affairs releases, recruitment materials, broadcast public service advertising or for other related endeavors. Great Shots may use, publish, copyright, reuse, republish, reproduce, license, or sell all images, for commercials and/or other purposes. This authorization is continuous and may only be withdrawn by a guest’s specific recession of this authorization. Consequently, Great Shots, or its authorized users, may publish materials, use the guest’s name, photograph, and/or make reference to the guest in any manner that Great Shot’s deems appropriate in order to promote/publicize service opportunities.

12. 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.

13. Governing Law and Jurisdiction 

This Great Shots Site is operated by Great Shots, LLC. Great Shots 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 SITE IS NOT INTENDED TO CONSTITUTE THE DOING OF BUSINESS IN ANY JURISDICTION, NOR TO BE A SOLICITATION OF BUSINESS ANYWHERE ON BEHALF OF GREAT SHOTS, LLC, OR ANY OF ITS PARENTS’ OR AFFILIATED CORPORATIONS. This Terms and Conditions Agreement and all policies and documents incorporated herein by reference constitute the entire agreement between Great Shots 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 and/or any additional terms to this Site shall be governed by the laws of the State of South Dakota without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within Minnehaha County, South Dakota for any legal proceeding arising from this Agreement and/or any additional terms to this Site, regardless of the cause of action or which party has initiated the legal proceeding. You agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the provisions of these terms and conditions shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.

This Agreement, the Privacy Statement, any Great Shots Facility Rules constitute the entire agreement between the parties hereto pertaining to your access and use of this Site. These terms and conditions are not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Great Shots reserves the right in its sole discretion to terminate the use of the Great Shots site by a user at any time.

14. Etiquette in Tee Boxes 

• Please be respectful and courteous to the other patrons at Great Shots.

• Please use language and volume appropriate for the general public at Great Shots.

• Profanity WILL NOT be tolerated. Those using inappropriate language will be warned and asked to leave if the problem persists

15. Safety Rules

• Before you use any clubs, check your surroundings (for people, monitors, TVs, walls, etc.) to ensure no one or obstacle is within your range of swing.

• Pay attention to your backswing and be aware at all times.

• Swinging above the waist should always take place on the hitting area of the mat and not outside of this area. Practice swings must be done in between the yellow and blue hazard lines.

• Enter and exit the tee boxes using caution. Be alert of where you stand or walk and stay out of someone’s swing path.

• Those who are not hitting, please stay behind the blue line at all time. Please take extra care when playing from the 2nd and 3rd level tee boxes.

• Golf balls should only be hit within specified areas in your tee box. Only one person is allowed to hit from the tee box at a time.

• Do not attempt to hit golf balls over the protective netting, in any direction. Throwing balls is prohibited.

• It is a penalty to aim for range attendant, you may be asked to leave the facility if you do not adhere to this policy.

• Do not place drinks or sit on the FlightScope system or ball dispenser.

• Guests under 16 must be accompanied by an adult.

• Great Shots is not responsible for lost or stolen items.

• No running is allowed within the facility.

• Report any accidents immediately.

16. Acknowledgment 

BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS.

Version: Last updated December 3, 2019. This Agreement was written in English (US). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.