Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Club (referred to as either “the Club”, “We”, “Us” or “Our” in this Agreement) refers to Ticonderoga Golf Course, 609 State Route 9N, Ticonderoga, NY 12883
- Country refers to: United States
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Club regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Ticonderoga Golf Course, accessible from ticonderogagolfcourse.com
- You means the individual accessing or using the Service, or the club, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Club. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Ticonderoga Golf Course reserves the right to change opening and closing dates, operating hours, the number of days in the week open, restrict access at any time based on weather, crowds, special events, or any other conditions or reason. Ticonderoga Golf Course offers the opportunity to golf, not the number of days, holes or practice facilities. A minimum number of operating days is not guaranteed. All dates, rates, and provisions are subject to change without notice.
The Club reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Club subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Club. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive Your order cancellation notice. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
shirts, hats, balls, gloves, clubs, bags, shoes, etc. must be returned in the condition that it left the shop, within 14 days of purchase, to be eligible for a full refund. Shipping cost of return is borne by the buyer. Items may be picked up at the shop during normal shop hours or shipping can be requested. Shipping will be completed through USPS, UPS and or FedEx. rates and delivery times are subject to carrier terms and conditions. Payments must be made at time of purchase, in full.
must be cancelled at least 24hrs in advance for a full refund
Season long unlimited play permits are non-transferable and are for the applicant’s exclusive use. Permits may be refunded if permit holder wishes to cancel within 5 days of purchase AND no rounds have been played after the purchase date. Future promotions are independent of this offering. NO refunds or rollovers to the following season will be issued for any reason, including but not limited to: sickness, injuries, relocation, health problems, weather conditions, and natural or man-made disasters.
All permit applicants must acknowledge the terms and conditions at the time of purchase. For permit holders age 17 and under, a parent or legal guardian must provide a signature on their behalf.
By purchasing this season pass, the holder understands and agrees that the Ticonderoga Golf Course, or other business partners may utilize any photograph, video, or recording of them for any purpose without further release.
Payments must be made at time of purchase, in full.
Ticonderoga Golf Corporation Cart Punch Cards
Each card cart entitles the purchaser to 10 separate instances of 9-hole hole usage of a TGC golf cart. All purchases from prior years and within the 2019 season will be honored within the 2019 season. No unused or partial exhausted cart cards will be honored in the subsequent season. Payments must be made at time of purchase, in full.
Ticonderoga Golf Corporation GIFT CARDS
All items must be paid in full at the time of purchase. All purchases are final. Gift Cards are non-refundable. Gift Cards will not expire until the balance is $0.
Club and Cart Rentals and Rental Damage Protection
All items must be paid in full at the time of purchase. All purchases are final. Rentals are non-refundable.
Cart renter (lessee) shall reimburse Ticonderoga Golf Course (Lessor), upon demand for the loss of, or any damage to the equipment or property damage while it is rented to Lessee and for all costs and expenses, including reasonable attorney’s fee, incurred by Lessor in collecting and amounts owing by Lessee hereunder or in otherwise enforcing Leaser’s rights hereunder.
Lessee shall identify and hold Lessor harmless from and against any and all liability, including bodily injury and property damage, arising out of the use or operation of the equipment by Lessee or anyone using or operating the same with Lessee’s express or implied consent: provided, however, that Leaser shall be responsible for loss or damage resulting from Lessor’s sole negligence.
When the Ticonderoga golf course closes due to rain…if you prefer, we will try to reschedule you at another open date and time without additional service or coordination charges. However, this only applies if the golf course is officially closed. There are no credits or refunds if the golf course is open but you choose not to play due to less than perfect weather. In the case of extremely bad weather and you cannot play or you are unable to play the course at a future date, you will receive a full refund
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Club.
The Club has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Club shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Club and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Club or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Club or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Club, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Club provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Club nor any of the club’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Club are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Club.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By mail: Ticonderoga Golf Course, 609 State Route 9N, Ticonderoga, NY 12883