Terms & Conditions

Please read these Terms carefully — they include an arbitration agreement and class-action waiver (Section 14).

These Terms & Conditions (“Terms”) are a binding agreement between you and Nextoffthetee LLC (d/b/a “NextOff,” “we,” “us,” or “our”), a Florida limited liability company, governing your use of nextoffthetee.com and our related applications, alerts, and services (the “Services”).

PLEASE READ SECTION 14 (DISPUTE RESOLUTION) CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS, UNLESS YOU OPT OUT WITHIN 30 DAYS.

1. Acceptance of Terms

By creating an account, purchasing a membership, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility & Accounts

You must be at least 18 years old and able to form a binding contract to use the Services.

You are responsible for the accuracy of your account information and for all activity under your account. Keep your credentials secure and notify us promptly of any unauthorized use.

You may not create multiple accounts to evade restrictions or billing, or use another person’s account without permission.

3. The Service — What NextOff Is (and Is Not)

NextOff is an information and alerting service. We help you search for golf tee times and notify you — by text and/or email — when tee times (including cancellations) become available.

We are not a booking agent. We do not book, reserve, sell, or process tee times. When you choose to book, we direct you to the golf course’s or a third party’s booking page, where the reservation, payment, and any cancellation policy are between you and that provider.

We are not affiliated with, and do not control, the golf courses or booking platforms whose information we display.

4. Subscriptions, Free Trial, Billing & Auto-Renewal

AUTOMATIC RENEWAL — PLEASE READ. Your NextOff paid membership is a recurring subscription that automatically renews until you cancel. Monthly plans renew every month and annual plans renew every year, and each renewal we will charge your payment method the then-current price for the applicable plan. If you start the 21-day free trial, it will automatically convert into a paid membership and your payment method will be charged unless you cancel before the trial ends. You can cancel online at any time through your account settings — no phone call or email is required. By enrolling, you provide your affirmative consent to these recurring charges and acknowledge the automatic-renewal terms presented to you at checkout.

4.1 Plans and pricing

We offer a free browsing tier and paid memberships, including a monthly plan and an annual plan. Current prices and plan features are those displayed at the point of purchase on the Services. We may change prices prospectively; changes apply to your next billing cycle and we will give notice where required by law.

4.2 Free trial

We may offer a 21-day free trial. A valid payment method is required to start a trial. Unless you cancel before the trial ends, your trial will automatically convert into a paid membership and your payment method will be charged the then-current price. The free trial is available on both the monthly and annual plans. Trials are limited to one per person and may be unavailable to prior subscribers.

4.3 Automatic renewal

Your membership automatically renews. Monthly memberships renew every month and annual memberships renew every year, each on the anniversary of your billing date, at the then-current price, until you cancel. By subscribing, you authorize us (through our payment processor, Stripe) to charge your payment method on a recurring basis until you cancel.

4.4 Cancellation

You can cancel at any time online through your account settings — no phone call or email is required. Cancellation takes effect at the end of the current billing period, and you retain access until then. To avoid a charge, cancel before your trial ends or before your next renewal date.

4.5 Refunds

All payments are nonrefundable, and we do not provide refunds or credits for partial periods, unused time, or renewals, except (a) where a refund, cancellation, or cooling-off right is required by applicable law, including any mandatory refund or cancellation rights under state automatic-renewal laws and any other non-waivable consumer rights in your state, or (b) in the case of a verified duplicate or billing error. Where a refund is issued, payment-processor fees may be deducted.

5. Tee-Time Data & Bookings

Third-party data. Tee-time, course, pricing, and availability information is provided by golf courses and third-party sources and may be delayed, inaccurate, incomplete, or out of date. We do not guarantee that any tee time shown is available, correctly priced, or will be honored.

You are responsible for verifying details and completing any booking directly with the course or provider. We are not responsible for course pricing, availability, cancellations, no-shows, or the conduct of any course or booking platform.

6. Text Messages & Notifications

If you opt in to text alerts, you consent to receive recurring automated messages as described in our Privacy Policy. Consent is not a condition of purchase. Message frequency varies based on the alerts you set; message and data rates may apply. Reply STOP to cancel or HELP for help, or manage alerts in your settings. Our messaging program is registered for application-to-person (A2P 10DLC) messaging. Mobile carriers are not liable for delayed or undelivered messages, and delivery is not guaranteed. We do not guarantee the delivery, timeliness, or accuracy of any notification.

7. Social Features & User Content

Profiles are discoverable by default and you can opt out in settings, as described in the Privacy Policy.

You retain ownership of content you submit (such as your profile, scores, and messages). You grant NextOff a worldwide, non-exclusive, royalty-free license to host, use, reproduce, and display that content as needed to operate and improve the Services.

You are responsible for your content and interactions with other users. Do not post unlawful, infringing, harassing, or misleading content, and do not misuse other users’ information.

There is no tolerance for objectionable content or abusive behavior on NextOff. You may report any golfer or round from the app, and you may block any golfer at any time — blocking hides each of you from the other and removes any connection between you. We review reports and typically act within 24 hours, which may include removing content and suspending or terminating the accounts responsible.

8. Acceptable Use

You agree not to:

use the Services for any unlawful purpose or in violation of these Terms;

use bots, scrapers, spiders, or other automated means to access the Services or collect data from them without our prior written consent;

copy, reverse engineer, decompile, or attempt to derive the source code of the Services;

resell, sublicense, or commercially exploit the Services or any tee-time access obtained through them without our consent;

interfere with or disrupt the Services or their security, or attempt unauthorized access; or

impersonate any person or misrepresent your affiliation.

9. Intellectual Property

The Services and all content, features, software, and branding (including the NextOff name and logo) are owned by NextOff or its licensors and are protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for your personal, non-commercial use, subject to these Terms. All rights not expressly granted are reserved.

10. Third-Party Websites & Services

The Services link to and rely on third-party sites and services (including course and booking sites and the providers listed in our Privacy Policy). We do not control and are not responsible for third-party sites, their content, or their terms and policies.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, secure, error-free, or that any tee-time information will be accurate or available.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTOFF WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL. Our total aggregate liability for any claim relating to the Services will not exceed the greater of (a) the amounts you paid us in the 12 months before the event giving rise to the claim, or (b) US$100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. The exclusions and limitations in this Section do not apply to liability that cannot be excluded or limited under applicable law, such as liability arising from gross negligence, willful misconduct, or fraud.

13. Indemnification

You agree to indemnify and hold harmless NextOff and its members, managers, and affiliates from any claims, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your content, or your violation of these Terms or applicable law.

14. Dispute Resolution — Arbitration & Class-Action Waiver

14.1 Informal resolution first

Before starting an arbitration, you agree to email support@nextoffthetee.com with a description of your dispute and to attempt to resolve it informally for at least 30 days.

14.2 Binding arbitration

Any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, in English. The arbitration may be conducted by videoconference or in your county of residence. The Federal Arbitration Act governs this Section.

14.3 Class-action and jury waiver

Disputes will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. You and NextOff waive any right to a jury trial. The arbitrator may not consolidate more than one person’s claims.

14.4 Who decides questions of arbitrability (delegation)

Except as expressly stated below, the arbitrator — and not any court — has exclusive authority to decide all threshold questions about the arbitration, including whether these Terms or any part of them are valid, enforceable, or unconscionable, whether a dispute must be arbitrated, and the scope of this Section. The one exception is that any question about the validity or enforceability of the class-action, collective, consolidated, or representative-action waiver in Section 14.3 will be decided by a court, and not the arbitrator.

14.5 Severability of this arbitration agreement

If the class-action waiver in Section 14.3 is found unenforceable as to a particular claim or request for relief, then only that claim or request will proceed in court, and all remaining claims will continue in arbitration on an individual basis. The rest of this Section 14 will remain in full force and effect. If any other provision of this Section 14 is found unenforceable, it will be severed and the remainder of this Section 14 will continue to apply.

14.6 Arbitration fees

Payment of all filing, administrative, and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules and applicable fee schedules. Where those rules require NextOff to pay your share of such fees, we will do so.

14.7 Coordinated or mass arbitrations (batching)

If 25 or more similar arbitration demands are submitted against NextOff by or with the assistance or coordination of the same or coordinated counsel or organizations, you and NextOff agree the demands will be administered in staged batches to promote efficiency. The parties and the AAA will group the demands into batches of no more than 50 demands each (plus any final, smaller batch); each batch will be assigned to a single arbitrator and resolved together, beginning with a limited number of bellwether cases whose outcomes may inform resolution of the remaining demands in the batch. Filing and arbitration fees for each batch — including any fees NextOff is required to pay — will become due and be paid only as that batch proceeds, rather than for all demands at once. The applicable statute of limitations will be tolled for demands awaiting batching while this process is underway, and a court may enforce this provision, including by staying the filing or administration of demands pending the staged process.

14.8 Injunctive and equitable relief

Notwithstanding the agreement to arbitrate, either party may bring an individual action in a court of competent jurisdiction (as described in Section 15) seeking injunctive or other equitable relief for the actual or threatened infringement, misappropriation, or violation of intellectual-property rights, or for unauthorized access to or use of the Services.

14.9 30-day right to opt out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@nextoffthetee.com with the subject line “Arbitration Opt-Out” and your name and account email. If you opt out, Section 15 (Governing Law & Venue) governs disputes.

14.10 Small claims

Either party may bring an individual claim in small-claims court if it qualifies.

15. Governing Law & Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Subject to Section 14, you and NextOff submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

16. Termination

You may stop using the Services and cancel or delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Services or other users. Sections that by their nature should survive termination (including IP, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

17. Electronic Communications & Consent

You consent to receive communications, agreements, notices, disclosures, and other records from us electronically — by email to the address associated with your account, by text message if you have opted in, or by posting within the Services — and you agree that electronic agreements, notices, and records satisfy any legal requirement that such communications be in writing.

To access and retain electronic records, you will need: a device with internet access; a current web browser that supports current encryption standards; a valid email account and software capable of viewing email and PDF documents; and either sufficient storage to save records or the ability to print the records you wish to keep. If our hardware or software requirements change in a way that materially affects your ability to access or retain electronic records, we will notify you.

You may withdraw your consent to receive records electronically, or update your email address, by contacting us at support@nextoffthetee.com. If you withdraw consent, we may be unable to provide certain Services that require electronic delivery, and we may suspend or terminate those Services. Withdrawing consent does not affect the legal validity of records we provided electronically before your withdrawal takes effect. You may also request a paper copy of any electronic record by contacting us.

18. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new effective date and, where required, provide additional notice. Your continued use of the Services after changes take effect means you accept the updated Terms.

19. DMCA & Copyright Complaints

We respect intellectual-property rights and respond to clear notices of alleged copyright infringement. If you believe content available through the Services infringes your copyright, please send a written notice to our designated agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim has been infringed; (c) identification of the material you claim is infringing and information reasonably sufficient to let us locate it; (d) your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Designated copyright agent: Copyright Agent, Nextoffthetee LLC, 1215 Algeria Ave, Coral Gables, FL 33134; support@nextoffthetee.com. We may remove or disable access to material claimed to be infringing and, in appropriate circumstances, may terminate the accounts of repeat infringers.

20. Force Majeure

We will not be liable or responsible for any failure or delay in performing our obligations under these Terms caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, severe weather, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, governmental action, power or internet outages, and failures of third-party networks or hosting, payment, telecommunications, or messaging providers. Our affected obligations are suspended for the duration of the event.

21. Notices

We may give you notices by email to the address associated with your account, by text message if you have opted in, or by posting within the Services or on the website; such notices are effective when sent or posted. You are responsible for keeping your account email address current. You may give us notice by email to support@nextoffthetee.com or by mail to Nextoffthetee LLC, 1215 Algeria Ave, Coral Gables, FL 33134; notices to us are effective when received.

22. Mobile Applications & App Stores

We may make the Services available through native mobile applications offered for download from third-party app stores, including the Apple App Store and the Google Play Store. Your use of any such application is also subject to that app store’s terms and policies, and the following terms apply if and when such applications are offered.

Apple App Store. If you download an application from the Apple App Store, you acknowledge that these Terms are between you and NextOff only, and not with Apple, and that Apple is not responsible for the application or its content. Your license to use the application is a limited, non-transferable license to use it on an Apple-branded device you own or control, as permitted by the Usage Rules in Apple’s Licensed Application End User License Agreement. Apple has no obligation to provide maintenance or support for the application and is not responsible for any product warranties or for addressing any claims relating to the application, including product-liability, legal-compliance, or third-party intellectual-property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google Play Store. If you download an application from the Google Play Store, you agree to comply with the Google Play Terms of Service and applicable usage rules. To the extent these Terms conflict with the Google Play terms with respect to your download and use of the application, the Google Play terms will govern that download and use. Google and its affiliates are third-party beneficiaries of these Terms with respect to your use of the Android application.

23. Accessibility

We are committed to making the Services accessible to people with disabilities. We strive to conform to recognized accessibility standards, including the Web Content Accessibility Guidelines (WCAG), and to meet applicable obligations under the Americans with Disabilities Act. If you have difficulty accessing any part of the Services or need assistance, please contact us at support@nextoffthetee.com and we will work with you to provide the information, item, or service you need.

24. General

Assignment: you may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

Severability: if any provision is unenforceable, the rest remains in effect.

Waiver: our failure to enforce a provision is not a waiver.

Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and NextOff regarding the Services.

25. Contact

Nextoffthetee LLC, 1215 Algeria Ave, Coral Gables, FL 33134 · support@nextoffthetee.com.