Sim Club - Elite Golf Indoors

Terms of Service

Last Updated: July 15, 2025

Welcome to the Sim Club website (the “Site”). These Terms of Use (“Terms”) are a binding agreement between you and Sim Club governing your access to and use of our website. By accessing or using this Site, you agree to be bound by these Terms of Use. If you do not agree with any part of these Terms, please do not use the Site.

Please read these Terms carefully. They include important information about your responsibilities when using the Site, limitations of our liability, and how disputes will be handled. If you have any questions, you can contact us using the information provided at the end of these Terms.

Use of the Site

You agree to use our Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use of the Site by, any other person. Specifically, when using the Site, you agree that you will NOT:

  • Use the Site in violation of any applicable law or regulation (for example, you agree not to use the Site to engage in any fraudulent or malicious activity, or any activity that would violate local, state, national, or international law)
  • Attempt to gain unauthorized access to any portion of the Site, or to any server, database, account, or network connected to the Site. This means you will not try to hack into the Site, probe or test the vulnerability of our systems, or breach any security or authentication measures.
  • Interfere with or disrupt the proper functioning of the Site or any servers or networks connected to the Site. You agree not to introduce any viruses, malware, or harmful code to the Site, and not to take any action (such as a denial-of-service attack) that imposes an unreasonable load on our infrastructure or that could disable, damage, or impair the Site’s performance.
  • Use any automated means such as robots, scripts, scrapers, or spiders to access or collect data from the Site without our express written permission. The Site is meant to be accessed by human users via standard web browsers. Any form of automated scraping or data extraction without consent is prohibited.
  • Misrepresent your identity or affiliation when interacting with the Site. This includes not impersonating any person or organization, not misrepresenting your authority to act on behalf of someone else, and not implying an association with Sim Club if you are not officially associated.

We reserve the right to suspend, restrict, or terminate your access to the Site at our discretion if we believe you have violated any of these Terms or are otherwise engaging in unlawful or abusive activity related to the Site. Unauthorized attempts to breach the Site’s security or to misuse our Site may result in civil and/or criminal liability.

Intellectual Property

All content and materials on the Site are the property of Sim Club or are used under license. This includes (but is not limited to) the text, graphics, logos, images, videos, design layout, software, and overall look-and-feel of the Site. These are protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, publicly display, transmit, create derivative works from, or otherwise exploit any portion of the Site’s content without our express prior written permission. The only exception is that you may temporarily download or cache copies of site pages for personal viewing and non-commercial use, provided you do not remove or alter any copyright or proprietary notices. Any unauthorized use of the Site’s content may violate copyright laws, trademark laws, and other regulations.

The names, logos, slogans, and designs that identify Sim Club or our products and services are proprietary trademarks and/or service marks of Sim Club (whether registered or unregistered). This includes the “Sim Club” name and logo, and any other marks that may appear on our site. You are not granted any license or right to use these trademarks without our express written consent. Likewise, any third-party names or logos appearing on the Site are the property of their respective owners and are used on our Site for identification purposes only; use of those marks is subject to the rights of their owners.

Third-Party Links

Our Site may contain links to third-party websites or services for your convenience or information. For example, we may provide links to our pages on social media platforms or to partner websites. Please note that Sim Club is not responsible for the content, products, services, or practices of any third-party websites. If you click on a link to an external site, you will be taken to a website not controlled by us, and different terms of use and privacy policies may apply.

The inclusion of any third-party link on our Site does not imply our endorsement or approval of the third-party site or its content. We provide these links merely as a convenience. When you follow a link to any external website, you do so at your own risk. We encourage you to review the terms and policies of any third-party site you visit. Sim Club disclaims all liability arising from your visit to or use of any third-party website.

Disclaimers

  • Use at Your Own Risk: The Site and all content and services provided through the Site are provided on an “as is” and “as available” basis. This means that Sim Club makes no guarantees that the Site will be free of errors, uninterrupted, or secure. While we strive to maintain accurate and up-to-date information on our Site, we make no warranty or representation that the content is complete, correct, or current. Any reliance you place on information from the Site is strictly at your own risk.
  • No Warranties: To the fullest extent permitted by law, Sim Club disclaims all warranties of any kind, either express or implied, regarding the Site and its content. This includes (but is not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will meet your requirements or expectations, nor that it will be free from viruses, malware, or other harmful components. We also do not guarantee any results from the use of the Site. For example, if we provide information about golf techniques or equipment, that information is general in nature and not a professional advice guarantee.
  • No Liability for Third-Party Content: Sim Club is not responsible for any content provided by third parties (such as comments, linked resources, or third-party advertisements that might appear) and we make no representations or warranties regarding any third-party content.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, the warranties are disclaimed to the maximum extent permitted by applicable law.

Limitation of Liability

To the fullest extent permitted by applicable law, Sim Club and its affiliates, and each of their respective owners, officers, employees, and agents, will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your access to or use of (or inability to use) the Site. This includes, without limitation, any damages for lost profits, lost data, loss of goodwill, business interruption, or other intangible losses, even if we have been advised of the possibility of such damages.

To illustrate, we are not liable for any harm to your computer system or loss of data that results from your use of the Site, or for any delay, failure, or outage you might experience. We are also not liable for any inaccuracies or errors in the content on our Site, or for any decisions you make based on information you obtained from our Site.

In addition, our maximum aggregate liability to you for any and all claims arising from your use of the Site will not exceed any amount (if any) you have paid to us for specific services related to the Site, or ten US dollars (USD $10), whichever is greater. (Since our pre-launch site does not currently charge any fees, this $10 cap represents a nominal maximum liability.)

Because some states or countries do not allow the exclusion or limitation of certain damages, the above limitation may not apply to you in its entirety. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Sim Club and its owners, officers, directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) that arise out of or relate to: (a) your use or misuse of the Site; (b) your violation of these Terms of Use; or (c) your violation of any law or regulation or the rights of any third party in connection with your use of the Site.

In plain terms, if your actions result in a lawsuit or claim against us (for example, you post content through any future interactive feature that infringes someone’s rights, or you engage in unlawful conduct using our Site), you will be responsible for the costs and damages we incur as a result. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim. This indemnity obligation will survive the termination of these Terms and your use of the Site.

Changes to These Terms

Sim Club may modify or update these Terms of Use from time to time. If we make changes, we will post the updated Terms on this page with a new “Last Updated” date, and such changes will be effective when posted We may also provide additional notice of significant changes, such as by posting a notice on our website’s homepage or sending an email to subscribers, but it is ultimately your responsibility to review the Terms periodically for any updates.

Your continued use of the Site after any changes to the Terms are posted constitutes your acceptance of those changes. If you do not agree to the modified terms, you should discontinue use of the Site.

Governing Law and Jurisdiction

These Terms of Use and any dispute arising out of or relating to the Site or these Terms will be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. This means that we look to California state law to interpret these Terms, even if you are accessing the Site from another jurisdiction.

You agree that any dispute or claim arising from or related to these Terms or your use of the Site will be subject to the exclusive jurisdiction of the state and federal courts located in California. In particular, if any legal action is necessary, it will be filed in a court of competent jurisdiction in the State of California. You consent to personal jurisdiction in such courts and waive any objections based on inconvenient forum or lack of jurisdiction for purposes of any such action. (If you are consumer residing outside California, you may have the right to bring claims in your local courts under certain consumer protection laws – this clause is not intended to override any such rights you may have under mandatory local law.)

By using this Site, you also agree that any claim or cause of action you may have arising out of or related to the Site must be brought within one (1) year after such claim or cause of action arose, or be forever barred. (This one-year limitation may not apply where prohibited by law.)

General Provisions

  • Entire Agreement: These Terms of Use (along with our Privacy Policy) constitute the entire agreement between you and Sim Club regarding your use of the Site, and supersede any prior or contemporaneous understandings and agreements between us relating thereto.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of the Terms will remain in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Sim Club.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms to any other person or entity without our prior written consent. We may assign our rights and obligations under these Terms freely to any affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law.

Contact Information

If you have any questions, comments, or concerns about these Terms of Use or the Site, please contact us:

  • Email: info@simclub.com
  • Mailing address (for written correspondence or legal notices):
    Sim Club
    24050 Ventura Blvd.
    Calabasas, CA 91302, USA
    (Note: This mailing address is provided for legal notice purposes only. For general inquiries, email is preferred.)

We value our users and will do our best to address your inquiry promptly. Thank you for visiting Sim Club’s website and for reviewing our Terms of Use. We hope you enjoy using the Site, and we appreciate your cooperation in abiding by these Terms.