These Terms of Use ("Terms") are an agreement between you and Pounce ("Pounce," "we," "us," or "our") and govern your use of the Pounce website, apps, alerts, and related services (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
Please read Section 17 carefully. It requires most disputes to be resolved by individual binding arbitration, waives class actions and jury trials, and explains how to opt out.
1. Eligibility
- You must be at least 18 years old and able to form a binding contract.
- The Service is offered to users in the United States. You may not use it where doing so is prohibited by law.
- You may not use the Service if we have previously suspended or terminated your account.
2. What the Service does
Pounce checks publicly available online tee-time booking pages for the golf courses you choose, and notifies you when a tee time matching your criteria appears to be available. Pounce is an information and alert service only:
- Pounce does not make, hold, change, or cancel reservations, and is not a booking agent, travel agent, or reseller of tee times.
- When you choose to book, you are sent to the course's own booking site. Your reservation, payment, and any cancellation, no-show, or other fees are solely between you and the course or its booking provider, under their terms.
- Pounce does not process payments for tee times and does not receive your payment details for them.
3. No affiliation
Unless we expressly say otherwise, Pounce is independent and is not affiliated with, endorsed by, sponsored by, or partnered with any golf course, course operator, or tee-time booking or software provider. Course names, logos, and other marks belong to their owners and are used only to identify the courses and booking pages the Service refers to.
4. Tee-time information
Tee-time information comes from third-party systems that we do not control. It may be incomplete, inaccurate, delayed, or out of date, and it may change at any time. In particular:
- A tee time reported as open may be booked by someone else, removed, or repriced before you complete a reservation. We do not guarantee that any tee time is or will remain available.
- Prices, booking windows, release times, rate types, residency or membership requirements, and course policies shown in the Service may not match the course's current terms. The course's booking site controls.
- Courses, booking providers, or features may be added, changed, limited, or removed from the Service at any time, including when a course or provider asks us to stop referring to it.
5. Third-party sites and services
The Service links to and relies on third-party sites and services, including course booking sites, sign-in providers such as Google, mapping and place-data providers, and email and mobile carriers. Your use of them is governed by their own terms and privacy policies. Pounce is not responsible for their content, availability, policies, errors, or conduct, or for any transaction or dispute between you and them.
6. Your account
- Provide accurate information and keep it up to date.
- Keep your credentials secure. You are responsible for all activity under your account. Tell us promptly at [email protected] if you suspect unauthorized use.
- Accounts are personal. Do not share an account, create accounts for others without their permission, or create multiple accounts to get around limits.
- Only register a phone number or email address that you own or are authorized to use, and update it if it changes.
7. Alerts, email, and SMS
- Alerts depend on third-party booking data and on email and mobile networks. They may be delayed, missed, duplicated, or wrong. Do not rely on the Service as your only way to find or secure a tee time.
- SMS alerts (program: Tee Scout Tee-Time Alerts) are sent only after you explicitly opt in, and consent is not a condition of using the Service. Messages are automated and recurring; frequency varies with your watches. Message and data rates may apply. Reply STOP to unsubscribe or HELP for help. Mobile carriers are not liable for delayed or undelivered messages. See our SMS Alerts & Consent page.
- By creating an account, you agree that we may send you electronic communications about your account and the Service, such as verification, security, and service notices. These communications satisfy any requirement that notices be in writing.
8. Acceptable use
You agree not to:
- use the Service other than for your own personal, non-commercial tee-time searches;
- resell, redistribute, or publish alerts or data from the Service, or use them to build a competing product or dataset;
- access the Service with bots, scrapers, or other automated means, or use alerts to drive automated booking tools;
- disrupt, overload, probe, or gain unauthorized access to the Service or its systems, or reverse engineer it except where the law expressly allows;
- use the Service to violate the rules of any course or booking provider, such as limits on bookings per golfer, residency rules, or resale restrictions;
- impersonate anyone or misrepresent your identity or affiliation; or
- use the Service for anything unlawful, fraudulent, or harmful.
9. Fees and paid features
The Service is currently free. If we offer paid features, the price, billing period, and renewal terms will be shown to you before you buy, and these rules will apply unless the offer says otherwise:
- Subscriptions renew automatically at the end of each billing period, at the then-current price, until you cancel. You can cancel at any time in your account settings, and cancellation takes effect at the end of the current period.
- If a free trial converts to a paid subscription, we will tell you when it will convert and how to cancel before you are charged.
- We will give you advance notice of any price increase, and you can cancel before it takes effect.
- Fees are non-refundable, including for partial periods, except where required by law or where we say otherwise in writing.
- You are responsible for any applicable taxes.
10. Our intellectual property
The Service, including its software, design, text, and graphics (but not third-party tee-time data or marks), is owned by Pounce or its licensors and protected by law. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. If you send us feedback or suggestions, we may use them without restriction or compensation to you.
11. Place data
City and ZIP data © GeoNames, licensed under CC BY 4.0.
12. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend, limit, or terminate your access, or modify or discontinue all or part of the Service, at any time, with or without notice, including if you violate these Terms, to protect the Service or others, or to comply with law or a third party's request. Sections 3 to 5, 8, 10, and 13 to 19 survive termination.
13. Disclaimers
The Service and all information in it are provided "as is" and "as available." To the fullest extent permitted by law, Pounce disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation. Pounce does not warrant that any alert will be sent or received, or that any tee time will be available or bookable.
14. Limitation of liability
To the fullest extent permitted by law: (a) Pounce will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, missed or lost tee times, or course fees or charges, arising out of or relating to the Service or these Terms, even if advised of their possibility; and (b) Pounce's total liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of fifty U.S. dollars ($50) or the amount you paid Pounce in the 12 months before the event giving rise to the claim. Some jurisdictions do not allow certain of these limitations, so they may not all apply to you.
15. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Pounce and its owners, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your misuse of the Service, your violation of these Terms, or your violation of any law or of the rights or rules of any course, booking provider, or other third party.
16. Governing law
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 17. Any claim not subject to arbitration must be brought in the state or federal courts located in Hillsborough County, Florida, and you and Pounce consent to their personal jurisdiction.
17. Dispute resolution and arbitration
- Try to resolve it first. Before starting any proceeding, you and Pounce agree to try to resolve the dispute informally for at least 30 days after one side sends the other a written description of it. Send yours to [email protected].
- Binding arbitration. Any dispute that is not resolved informally and that arises out of or relates to the Service or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration may be held by video or in the county where you live. Payment of filing and arbitrator fees is governed by those rules.
- Exceptions. Either side may bring an individual claim in small-claims court, or seek an injunction in court to stop infringement or misuse of intellectual property or of the Service.
- No class actions or jury trials. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and you and Pounce waive any right to a jury trial. If this class-action waiver is found unenforceable for a claim, that claim will proceed in court under Section 16, not in arbitration.
- Opting out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms, with your name, account email, and a clear statement that you opt out of arbitration.
- Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.
18. Changes to these Terms
We may update these Terms from time to time. We will post the new version here with a new "Last updated" date, and for material changes we will give you reasonable advance notice by email or in the Service. Changes take effect when posted or on the date stated in the notice, and do not apply to disputes that arose before then. Continued use after changes take effect means you accept them; if you do not agree, stop using the Service and delete your account.
19. General
- These Terms and the Privacy Policy are the entire agreement between you and Pounce about the Service and replace any prior agreements about it.
- If any provision is held unenforceable, it will be limited to the minimum extent necessary, and the rest of these Terms will remain in effect.
- Our failure to enforce a provision is not a waiver of it.
- You may not assign or transfer these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate.
- We are not liable for delays or failures caused by events beyond our reasonable control, including outages or changes at courses, booking providers, or carriers.
- Section headings are for convenience only.
20. Contact us
Questions about these Terms? Email [email protected], or write to us at Pounce, 4717 West McCoy St, Unit 15, Tampa, FL 33616.