Terms and Conditions

Promotional Mobile Messaging (5i Golf Program)

The Range NYC LLC dba Five Iron Golf (“Five Iron Golf”, “we”, or “us”) operates a promotional mobile messaging program (the “5i Golf Program”) subject to these Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”).  

The 5i Golf Program and our collection and use of your personal information is also subject to our Privacy Policy.  By enrolling, signing up, or otherwise agreeing to participate in the 5i Golf Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy.

1. 5i Golf Program Description:

We may send promotional mobile messages in various formats as part of the 5i Golf Program.  Promotional messages advertise and promote our products and services and may include promotions, special deals, and other marketing offers (e.g., abandoned cart reminders).  Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system.  Message frequency may vary.  Message and data rates may apply.  We do not charge for mobile messages sent through the 5i Golf Program, but you are responsible for any message and data rates imposed by your mobile provider.  If you have any questions about your text plan or data plan, please contact your wireless provider.

2. User Opt-In:

You may opt in to receive the 5i Golf Program promotional messages by filling out a form, entering your mobile number, and clicking submit on our website.  By opting in to receive the 5i Golf Program promotional messages, you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list.  You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user.  By opting in, you are confirming that you are over the age of 13.  Your participation in the 5i Golf Program is not required to make any purchase from us; your participation in the 5i Golf Program is completely voluntary.

3. User Opt-Out and Support:

You may opt out of receiving 5i Golf Program promotional messages at any time by texting STOP, QUIT, or CANCEL to any promotional mobile messages from us.  You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message.  You understand and agree that the foregoing is the only reasonable method of opting out of the 5i Golf Program.

For additional information or assistance, reply HELP to a 5i Golf Program text, contact sms-marketing@fiveirongolf.com, or call Customer Support at (315) 613-4653.

Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms.  We may also change the telephone number or short code we use to operate the 5i Golf Program and we will notify you of any such change.  You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

4. Disclaimer of Warranty and Liability:

The 5i Golf Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the 5i Golf Program.

5. Modifications:

We may modify or cancel the 5i Golf Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the 5i Golf Program will constitute your acceptance of those modifications.

6. Supported carriers are:

AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.

7. Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing Five Iron Golf products or services (including the 5i Golf Program), you agree that any controversy, claim, action, or dispute between you and Five Iron Golf arising out of or relating to: (a) these Mobile Messaging Terms, or the breach thereof; or (b) your access to or use of Five Iron Golf website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in New York County, New York, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the state of New York, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt out of these arbitration procedures within 30 days from the date that you first use or purchase any of Five Iron Golf’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 883 Avenue of the Americas, Floor 3, New York, NY 10001. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt out will have no adverse effect on your relationship with Five Iron Golf. You are responsible for ensuring Five Iron Golf’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Five Iron Golf agree that you may bring or participate in Claims against Five Iron Golf only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Five Iron Golf agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained herein, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

8. Florida Law:

To the extent the law is relevant and applicable to the 5i Golf Program, we endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the 5i Golf Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the 5i Golf Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

9. Washington Law:

To the extent the law is relevant and applicable to the 5i Golf Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the 5i Golf Program, the area code for the phone number used to opt-into the 5i Golf Program is a Washington area code.

10. Oklahoma Law:

To the extent the law is relevant and applicable to the 5i Golf Program, we endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to the 5i Golf Program, the area code for the phone number used to opt-into the 5i Golf Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.

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Transactional Mobile Messaging

The Range NYC LLC dba Five Iron Golf (“Five Iron Golf”, “we”, or “us”) sends transactional mobile messages (“5i Transactional Messaging”) subject to these Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”).  

5i Transactional Messaging and our collection and use of your personal information is also subject to our Privacy Policy.  By enrolling, signing up, or otherwise agreeing to participate in 5i Transactional Messaging, you accept and agree to these Mobile Messaging Terms and our Privacy Policy.

1. 5i Transactional Messaging Description:

We may send transactional mobile messages in various formats.  Transactional messages relate to an existing or ongoing transaction and may include account management messages, schedule changes, booking confirmations and reminders, and other transaction-related information.  Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system.  Message frequency may vary.  Message and data rates apply.  We do not charge for messages relating to 5i Transactional Messaging, but you are responsible for any message and data rates imposed by your mobile provider.  If you have any questions about your text plan or data plan, please contact your wireless provider.

2. User Opt-In:

You opt in to receive messages from 5i Transactional Messaging by providing your mobile phone number to us in connection with a booking or other transaction.  By opting in to receive messages from 5i Transactional Messaging, you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list.  By opting in, you are confirming that you are over the age of 13.  Your participation in 5i Transactional Messaging is not required to make any purchase from us; your participation in 5i Transactional Messaging is completely voluntary.

3. User Opt-Out and Support:

To unsubscribe from 5i Transactional Messaging, including Account Management, Booking Confirmations, and Reminders and Schedule Changes, update your preferences here: https://fiveirongolf.com/acform/

For additional information or assistance, reply HELP to a 5i Transactional Messaging text or contact sms-marketing@fiveirongolf.com, or call Customer Support at (315) 613-4653.  

Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms.  We may also change the telephone number or short code we use to operate 5i Transactional Messaging and we will notify you of any such change.  You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

4. Disclaimer of Warranty and Liability:

5i Transactional Messaging is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through 5i Transactional Messaging.

5. Modifications:

We may modify or cancel 5i Transactional Messaging or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in 5i Transactional Messaging will constitute your acceptance of those modifications.

6. Supported carriers are: 

AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.

7. Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing Five Iron Golf products or services (including 5i Transactional Messaging), you agree that any controversy, claim, action, or dispute between you and Five Iron Golf arising out of or relating to: (a) these Mobile Messaging Terms, or the breach thereof; or (b) your access to or use of Five Iron Golf website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in New York County, New York, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the New York, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt out of these arbitration procedures within 30 days from the date that you first use or purchase any of Five Iron Golf’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 883 Avenue of the Americas, Floor 3, New York, NY 10001. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt out will have no adverse effect on your relationship with Five Iron Golf. You are responsible for ensuring Five Iron Golf’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Five Iron Golf agree that you may bring or participate in Claims against Five Iron Golf only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Five Iron Golf agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained herein, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

8. Florida Law:

To the extent the law is relevant and applicable to 5i Transactional Messaging, we endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to 5i Transactional Messaging, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the 5i Transactional Messaging is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

9. Washington Law:

To the extent the law is relevant and applicable to 5i Transactional Messaging, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to 5i Transactional Messaging, the area code for the phone number used to opt-into 5i Transactional Messaging is a Washington area code.

10. Oklahoma:

To the extent the law is relevant and applicable to 5i Transactional Messaging, we endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to 5i Transactional Messaging, the area code for the phone number used to opt-into 5i Transactional Messaging is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.

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