Terms of Use

1. Agreement and Acceptance

These Terms of Use (“Terms”) are a binding agreement between you and MGS Assets, LLC, doing business as MyGolfSpy (“MyGolfSpy,” “we,” “us,” or “our”). They govern your use of mygolfspy.com and our related websites, newsletters, video channels, forums, comment features, and tools (the “Site”). These Terms are available through a conspicuous Site link. Where we request acceptance, including at account registration, forum participation or content submission, you must affirmatively agree to the linked Terms before proceeding. Section 11 applies only if you separately and affirmatively accept it. If you do not agree, do not use the applicable feature.

Eligibility. You must be at least 13 to use the Site, and at least 18 (or the age of majority where you live) to submit comments or enter the arbitration agreement in Section 11.

Related policies. Our Privacy Policy, Cookie Policy, and DMCA Policy are part of these Terms. If they conflict, The Privacy Policy controls personal information handling, the Cookie Policy addresses tracking and preferences, and the DMCA Policy controls copyright notices. Applicable store terms govern purchases from MyGolfSpy, and applicable forum rules supplement these Terms. A separate Reader Submission Agreement or other signed agreement controls its subject matter in a conflict.

Changes. We may update these Terms by posting a revised version with a new “Last updated” date. We will provide direct notice of material changes to affected users where we have their contact information and request affirmative acceptance before continued use of affected account or submission features. Material changes to Section 11 apply only after separate affirmative acceptance and do not apply to disputes for which notice has already been given. We may retain records of acceptance, including the version accepted and date and time.

2. Content and Data Protection

Our content. The Site and its contents, including our articles, reviews, rankings, photographs, video, graphics, software, and the MyGolfSpy name, logos, and branding (the “MyGolfSpy Content”), are owned by MyGolfSpy or its licensors and protected by copyright, trademark, and other laws. We reserve all rights not expressly granted.

Testing data. Our test protocols, test data, scoring systems, ratings, and rankings, and the way we select and arrange them (the “Testing Compilations”), are protected to the fullest extent of the law, including as compilations, databases, and trade secrets. We do not claim ownership of individual facts the law leaves unprotected, but you may not extract or reuse a substantial part of a Testing Compilation, or repeatedly extract small parts, in a way that substitutes for the Site.

Limited license. You may access the Site and view the MyGolfSpy Content for personal, non-commercial use. You may share links and quote brief excerpts with attribution and a link back, where the law permits.

Restrictions. Without our written permission, you may not:

• republish or redistribute our articles, photographs, videos, or rankings, in whole or in substantial part, on any other site, app, or platform;
• use MyGolfSpy Content commercially, including by selling it or building it into a product, advertisement, affiliate site, or data feed;
• scrape, crawl, or bulk-collect content or data from the Site by automated means, other than search-engine indexing that follows our robots.txt;
• use MyGolfSpy Content to train, fine-tune, or benchmark any AI or machine-learning model, to build a dataset or retrieval index, or to generate outputs that reproduce or substitute for our content;
• bypass paywalls, rate limits, CAPTCHAs, or other access controls, or remove copyright notices or watermarks; or
• use our names, logos, or badges to suggest that we endorse you or your products.

We expressly reserve all rights against text and data mining, including under Article 4 of Directive (EU) 2019/790. Nothing in these Terms limits any right you have under a law that cannot be waived, such as fair use. To request a license, email [email protected].

3. Comments and User Submissions

License. “User Submissions” means anything you post or send through the Site, such as comments, reviews, photos, videos, and feedback. You keep ownership, but you grant MyGolfSpy and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to sublicense, to use, host, reproduce, modify, translate, publish, display, distribute, and create derivative works from your User Submissions in any media, including to operate, improve, and promote the Site and our business. We may credit you by the name you post under. To the extent the law allows, you waive any moral rights in your User Submissions. Deleted submissions may remain in backups, archives, quotations, or content we have already published. We may use any feedback you send us without compensation.

Your promises. You represent that you own each User Submission or hold all licenses, consents, and releases needed to submit it and grant this license (including from any photographer, employer, or person shown in it); that it is lawful and does not infringe or violate anyone’s rights, including privacy rights; and that it complies with Section 4.

Disclose conflicts. If you have a financial, employment, affiliate, sponsorship, or other material relationship with a brand, retailer, product, or competitor that you mention or review, including receiving free or discounted product or any other incentive, you must clearly disclose it. You may not post fake reviews or undisclosed paid or incentivized reviews, or manipulate ratings, and you must follow applicable consumer-protection rules, including the FTC’s Endorsement Guides and its rule on consumer reviews.

Our role. User Submissions are the views of their authors, not MyGolfSpy. We do not verify or endorse them, and to the fullest extent the law allows we are not liable for them. You are responsible for your User Submissions and for any resulting claims, as described in Section 9.

4. Moderation and Acceptable Use

You agree not to use the Site to:

• infringe anyone’s intellectual property, privacy, or other rights;
• harass, threaten, defame, or abuse anyone, or post hateful, sexually explicit, or violent content;
• impersonate any person or organization, including MyGolfSpy staff;
• send spam, unsolicited promotions, or off-topic posts, or post links to manipulate search rankings;
• transmit viruses, malware, or other harmful code;
• interfere with or disrupt the Site, overload it, probe its security, or access accounts or areas you are not authorized to access; or
• violate any law or encourage anyone else to do so.

We are not required to monitor the Site, but we may, in our sole discretion and without notice, edit, hide, remove, or refuse any User Submission, and suspend or end anyone’s access to commenting or other features. Our moderation decisions are final. To report a violation, email [email protected]. To report copyright infringement, follow our DMCA Policy; in appropriate circumstances, we terminate repeat infringers.

5. Testing, Rankings, and Recommendation Disclaimers

Results are specific to our testing. Our tests, reviews, rankings, and recommendations (“Testing Content”) reflect how particular product samples performed under the equipment, methods, golfers, conditions, and time period we used. Equipment varies from sample to sample and manufacturers change products, so your results may differ.

No guarantee. Testing Content is general information and opinion. It is not a promise that any product will improve your performance or suit your swing, body, skill level, or budget. We encourage you to try equipment, ideally with a qualified fitter, before you buy.

Safety and suitability. We do not test or certify products for safety, durability, or conformance with the Rules of Golf, and our Testing Content is not a safety evaluation. Golf involves risk of injury. Follow manufacturers’ instructions and warnings, and consult a qualified professional or physician before acting on any instruction or starting new physical activity. Prices, specifications, and availability on the Site may be out of date.

Independence. We aim to keep our testing independent. We may receive free or loaned products, earn commissions on affiliate links, or receive payment for advertising or sponsored content. We provide applicable affiliate and sponsorship disclosures with the relevant content, links, or posts. These relationships do not change a product’s score or ranking.

Your decision. You are responsible for your purchasing and equipment decisions. To the fullest extent the law allows, MyGolfSpy is not liable for any loss, injury, or dissatisfaction that results from relying on Testing Content.

6. Third-Party Links and Services

The Site links to and displays content from third parties we do not control. A link is not an endorsement, and we are not responsible for third-party content, products, or practices. Any purchase from a third-party seller is solely between you and that seller, who is responsible for the sale, shipping, returns, and warranty. Purchases from MyGolfSpy are governed by the applicable store terms.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, THE MYGOLFSPY CONTENT, THE TESTING CONTENT, AND ALL USER SUBMISSIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT. YOU USE THE SITE AND RELY ON ITS CONTENT AT YOUR OWN RISK.

Some jurisdictions do not allow certain warranty exclusions, so some of this may not apply to you. Nothing in these Terms limits any consumer right that cannot be waived.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MYGOLFSPY, ITS AFFILIATES, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF US $100 AND THE AMOUNT YOU PAID US IN THE PRIOR 12 MONTHS.

These limits do not apply to liability that cannot be limited by law, including for fraud or, where the law does not allow a limit, for gross negligence, willful misconduct, or death or personal injury caused by our negligence. They are a fair allocation of risk and an essential basis of the bargain. To the extent the law allows, any claim arising out of these Terms or the Site must be brought within one (1) year after it arises, or it is permanently barred.

9. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless MyGolfSpy, its affiliates, and their owners, officers, employees, contractors, and licensors from any claims, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your User Submissions (including any failure to hold required permissions or make required disclosures under Section 3), your breach of these Terms, your violation of any law or third-party right, or your misuse of the Site. We may assume control of the defense of any such matter at your expense, and you may not settle it in a way that binds us or admits fault on our behalf without our consent. This Section survives termination.

10. Governing Law and Venue

These Terms and any dispute arising from them or the Site are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws rules, and the Federal Arbitration Act governs Section 11 where applicable. Subject to Section 11, any dispute that is not arbitrated, and any action to compel arbitration or enforce an award, must be brought exclusively in the Circuit Court for York County, Virginia, or the U.S. District Court for the Eastern District of Virginia, and you consent to their jurisdiction. The Site is operated in the United States for use here; if you access it from elsewhere, you are responsible for complying with local law. Nothing in this Section removes a consumer protection that applies where you live and cannot be waived.

11. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

1. Informal resolution. Before starting any arbitration or court action, send the other party a written notice describing the dispute and the relief sought, and try to resolve it informally for 30 days. Send notices to us at [email protected] and 320 Old Hampton Hwy, Suite B, Yorktown, VA 23692. We will send ours to the contact information we have for you.

2. Agreement to arbitrate. Except as stated in paragraph 5, you and MyGolfSpy agree that any dispute arising out of or relating to these Terms, the Site, or the MyGolfSpy Content, whether it arose before or after you accepted these Terms (a “Dispute”), will be resolved by final and binding arbitration instead of in court. The arbitrator decides questions of scope and enforceability, except that a court decides whether the class waiver in paragraph 4 is enforceable.

3. Procedure. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules (or, for non-consumers, its Commercial Arbitration Rules) before one arbitrator, who must follow applicable law and these Terms and may award only individual relief. Consumer fees will be allocated under AAA’s applicable rules and fee schedules and applicable law. MyGolfSpy will pay any fees those rules or applicable law require it to pay. If AAA declines to administer the dispute, the parties may agree on another administrator using equivalent consumer safeguards; absent agreement, either party may seek appointment under applicable law or proceed in court if arbitration cannot lawfully proceed. Consumer hearings will be by video or phone, or in the county where you live. The award is final and may be entered in any court with jurisdiction.

4. Class action and jury waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MYGOLFSPY MAY BRING DISPUTES AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request alone will be decided in court under Section 10 and stayed until the arbitration of the remaining claims is finished. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US ALSO WAIVES ANY RIGHT TO A JURY TRIAL IN A DISPUTE HEARD IN COURT.

5. Exceptions. This Section does not require arbitration of (a) an individual claim that qualifies for small-claims court and stays there; (b) a claim by MyGolfSpy for injunctive or other relief to stop or prevent infringement or misappropriation of our intellectual property, including violations of the restrictions in Section 2, or unauthorized access to or interference with the Site; or (c) any claim that by law cannot be subject to a pre-dispute arbitration agreement.

6. Mass filings. If filings qualify for AAA’s applicable mass arbitration procedures, AAA will administer them under those procedures and the applicable fee schedule. Any batching, scheduling, or fee treatment will be determined under those procedures and applicable law.

7. Opt out. You may opt out of arbitration and the class action waiver by sending notice within 30 days after you first accept these Terms to [email protected] or 320 Old Hampton Hwy, Suite B, Yorktown, VA 23692, stating your full name, your email address, and that you opt out of arbitration. If you opt out, Section 10 governs where any Dispute is brought.

8. Severability and survival. If any part of this Section other than the class action waiver is unenforceable, that part is severed and the rest stays in effect. This Section survives termination.

12. General Provisions and Contact

Termination. We may suspend or end your access to the Site at any time, with or without notice. Sections 2, 3, and 5 through 11, and this Section 12, survive termination.

General. If any provision of these Terms is unenforceable, the rest stays in effect. Subject to the priority rules in Section 1, these Terms and the policies they reference are our entire agreement about general Site use. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them, including in a merger or sale of assets.

Contact. MGS Assets, LLC, 320 Old Hampton Hwy, Suite B, Yorktown, VA 23692, [email protected]. Copyright notices go to the designated agent named in our DMCA Policy.