Terms of Service

Terms of Service

Cluck Media, Inc., d/b/a Fried Egg Golf

Effective: April 5, 2025

PLEASE READ THESE TERMS OF SERVICE (“TOS”) CAREFULLY BEFORE USING THIS SITE.
By accessing or using Fried Egg Golf (the “Site”), you signify your acceptance of these TOS, including the arbitration agreement and class action waiver described below. If you do not agree to these terms, please do not use the Site.

Cluck Media, Inc., d/b/a Fried Egg Golf (“Fried Egg Golf,” “we,” “us,” “our”) reserves the right to modify these TOS at any time. Your continued use after such modifications indicates acceptance.

1. User Consent

You represent that you are at least 18 years old and agree to abide by all terms and conditions set forth herein.

2. Intellectual Property

All content, including but not limited to text, images, videos, audio, podcasts, articles, logos, graphics, trademarks, software, code, and compilations on the Site (“Content”), are owned by or licensed to Fried Egg Golf and protected by intellectual property laws. Unauthorized use, reproduction, or distribution of any Content is prohibited.

3. Restrictions on Use

You agree not to:

• Use Content for commercial purposes without prior written consent.
• Copy, reproduce, distribute, publicly display, or modify Content.
• Engage in illegal or unauthorized use of the Site, including hacking or disrupting services.
• Use automated scripts, bots, or similar methods to access or collect Content.
• Post harmful, offensive, defamatory, obscene, or unlawful content.
• Attempt to interfere with or breach our security measures.

4. User Submissions

When submitting content (comments, media, or suggestions), you grant Fried Egg Golf a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use, display, modify, distribute, and publish your submissions. You represent you own or have authorization to submit such content and agree to indemnify Fried Egg Golf against any claims resulting from your submissions.

5. Account Creation

Certain areas require account creation. You must:

• Provide accurate and truthful registration information.
• Maintain confidentiality of your login credentials.
• Notify us immediately if your account is compromised.

We reserve the right to deny or terminate accounts at our discretion.

6. Fees, Payments, and Subscriptions

We may charge fees for certain services, including subscriptions or premium content:

• Subscriptions auto-renew unless cancelled.
• You must provide accurate payment information.
• You are responsible for applicable taxes and fees.
• See our specific subscription terms for additional details.

7. Disclaimers & Limitation of Liability

The Site and Content are provided “as is,” without warranties of any kind. Fried Egg Golf disclaims all warranties, including merchantability, accuracy, fitness for a particular purpose, or non-infringement.

We do not warrant uninterrupted or error-free operation. You assume responsibility for using the Site and acknowledge that we are not liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use or inability to use the Site.

8. Indemnification

You agree to indemnify, defend, and hold harmless Fried Egg Golf, our affiliates, partners, officers, employees, and agents from all claims, liabilities, damages, costs, or expenses, including attorneys’ fees, arising from your breach of these TOS or your use of the Site.

9. Termination

We may terminate or suspend your access to the Site at any time, without notice, for conduct we deem harmful or in violation of these TOS. Upon termination, your right to access the Site ceases immediately.

10. Third-Party Links and Content

The Site may link to third-party websites or services. Fried Egg Golf is not responsible for third-party content, privacy practices, or availability. Visiting third-party links is at your own risk.

11. International Use

The Site is operated in the United States. We do not guarantee suitability or compliance with laws in other jurisdictions. You access the Site at your own risk and must comply with local laws.

12. Governing Law

These TOS are governed by the laws of the State of Illinois, without regard to conflict-of-law principles. You consent to exclusive jurisdiction and venue in the courts of Cook County, Illinois, for disputes not subject to arbitration.

13. Mandatory Arbitration and Class Action Waiver

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising from or related to these TOS or your use of the Site shall be resolved exclusively through binding arbitration, administered by the American Arbitration Association (“AAA”) under its rules. Arbitration will occur individually—class arbitrations, class actions, and representative actions are prohibited. You waive your right to participate in class actions or consolidated arbitration. Arbitration will be held in Chicago, Illinois, unless otherwise mutually agreed.

You may opt out of arbitration by sending a written notice to legal@friedeggolf.com within 30 days of your first use of the Site.

14. Waiver of California Civil Code Section 1542

If applicable, you expressly waive California Civil Code Section 1542, which states that a general release does not extend to claims that you do not know or suspect to exist at the time of executing the release.

15. Compliance and Export Restrictions

You agree not to use the Site for unlawful or prohibited activities, including violations of economic sanctions, export controls, or applicable law. You warrant compliance with all relevant sanctions and export control laws.

16. Severability and Enforcement

If any provision of these TOS is deemed unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions remain enforceable.

17. Entire Agreement

These TOS, together with our Privacy Policy and Subscription Terms, constitute the complete agreement between you and Fried Egg Golf regarding your use of the Site, superseding all prior or contemporaneous agreements.

Subscription Terms (Additional Terms for Paid Services)

Billing and Renewals

Subscriptions renew automatically (monthly or annually), unless you cancel prior to renewal. Introductory offers will renew at the standard rate upon expiration.

Cancellation and Refunds

You may cancel your subscription anytime through your account page or by contacting customer support. Cancellation takes effect at the end of your current billing cycle. No refunds are provided, except at our sole discretion.

Promotions and Discounts

Introductory offers are available only to first-time subscribers. Eligibility for promotions is determined by Fried Egg Golf at its discretion.

Contact Information

For questions about these TOS, contact: legal@thefriedegg.com

Cluck Media, Inc., d/b/a Fried Egg Golf

‍Attn: Andy Johnson, Founder and Pete Steger, COO