0. SMS Program Terms
Program name & message types. The Josh C Harden Memorial Golf SMS program (also referred to as “Hackin’ for Harden Updates”) sends opt-in subscribers two categories of messages, each governed by a separate consent checkbox: (a) informational and transactional messages — registration confirmations, event reminders, and volunteer coordination for the Hackin’ for Harden Memorial Golf Tournament; and (b) promotional messages — fundraising requests, donation drives, and special announcements supporting the Joshua Cole Harden Scholarship Fund and The First Tee of Phoenix.
Opt-out (STOP). You can cancel the SMS service at any time. Simply reply STOP to any message you receive from Josh C Harden Memorial Golf. After you send STOP, we will send you one final confirmation message and you will not receive any additional messages from us unless you opt back in.
Help (HELP). If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to hackinforeharden@gmail.com or 480-414-8891.
Message frequency & data rates. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on tournament timing and your subscription preferences (typically 1–4 messages per week).
Carrier liability. Carriers are not liable for delayed or undelivered messages.
Privacy. For privacy-related inquiries, including how SMS opt-in data is collected, used, retained, and deleted, please refer to our Privacy Policy. Josh C Harden Memorial Golf will not share or sell your text messaging opt-in data, consent, or related personal information with any third parties, unless required by law.
1. The Services
Your purchase from Josh C Harden Memorial Golf may include different components, including event registrations, sponsorships, donations, and/or other products and services, as indicated on your order form. You agree not to share login information, call-in numbers, passwords, and protected links with anyone.
2. Payment
Actual payment terms may vary, and will be indicated on your order form. You agree to pay the purchase price and not to cancel this transaction with your bank or credit card company. Josh C Harden Memorial Golf is not responsible for any overdraft, over-limit, or NSF fees. Fees may be pre-paid; missed payments may result in suspension or termination of services. Interest on unpaid amounts shall accrue at the lesser of 2.0% per month or the maximum amount permitted by applicable law.
3. Refund Policy
All payments are final. No refunds are given.
4. Term
This Agreement remains in force until the end of the term indicated on your order form. Failure to pay required fees may result in early termination and discontinuance of access. Continued use after termination may extend the term and incur additional fees.
5. Disclaimer of All Warranties
EXCEPT AS SPECIFICALLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
6. Audio / Video Release
I authorize Josh C Harden Memorial Golf to use my story as a testimonial and further agree to allow the use of my voice, photo, and likeness captured in any programs via photograph, audio, or video, to be used for future products and/or marketing without compensation. All recordings remain the exclusive property of Josh C Harden Memorial Golf.
7. Modification
We may modify this Agreement from time to time. Modifications are effective upon posting on the website. You agree to be bound to any changes when you use the Services after posting. Please review this Agreement regularly.
8. Assignment
You may not assign this Agreement, in whole or in part, without our prior written consent. Any attempt to do so shall be void. Our rights and obligations may be assigned or transferred at our discretion.
9. Third-Party Beneficiaries
This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
10. Governing Law
This Agreement shall be interpreted according to the laws of the State of Arizona, without regard to choice-of-law rules.
11. Waiver
No failure of either party to exercise or enforce any rights under this Agreement shall act as a waiver of subsequent breaches.
12. Severability
In the event any provision is held unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
13. Force Majeure
If either party is prevented from performing due to causes beyond reasonable control — including acts of God, fire, flood, war, government regulation, or vandalism — the time for performance will be extended for the period of the delay. Payment obligations are not excused.
14. Remedies
The rights and remedies set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available at law or in equity.
15. Binding Effect
This Agreement shall be binding upon and shall inure to the benefit of the respective parties, their successors-in-interest, legal representatives, heirs, and assigns.
16. Damage Waiver
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES. TOTAL LIABILITY SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).
17. Intellectual Property
All trademarks, service marks, trade names, patents, computer programs, databases, marketing materials, presentation content, trade secrets, copyrights, and domain names owned by Josh C Harden Memorial Golf are the exclusive property of Josh C Harden Memorial Golf. No license is granted by implication, estoppel, or otherwise.
18. Opt-In & SMS Messaging
Providing your information gives Josh C Harden Memorial Golf permission to communicate with you by email, voice memo platforms, Facebook, or phone for special offers, announcements, and information. We offer an SMS messaging program for customers who voluntarily opt in. You provide consent by selecting the optional, unchecked SMS consent checkbox on the contact or appointment forms.
The SMS program includes appointment confirmations, reminders, responses to inquiries, customer support communications, and promotional messages for users who separately agree to receive marketing texts. Message frequency typically ranges 1–4 per week. Message and data rates may apply.
You may opt out at any time by replying STOP. For assistance, reply HELP or contact hackinforeharden@gmail.com or call (480) 414-8891. Consent to receive SMS messages is not a condition of purchase. We do not sell or share mobile information with third parties for marketing purposes.
19. Mediation
All disputes arising under or in connection with this Agreement will initially be referred to the senior executives of each party for informal resolution. If unresolved after 30 days, the dispute will be submitted to binding arbitration in Arizona pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
20. Governing Law / Arbitration
This Agreement is governed by Arizona law. Any action, proceeding, arbitration, or mediation must be brought in the federal judicial district that includes Arizona.
ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
21. Indemnity
You agree to indemnify and hold Josh C Harden Memorial Golf, its subsidiaries, affiliates, officers, agents, attorneys, and employees harmless from any loss, liability, claim, or demand — including reasonable attorneys' fees — arising out of this Agreement, your use of the Services, or any breach of these terms.
22. Voidability
Your failure to use the Services after purchase does not void any part of this Agreement.
23. Entire Agreement
This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting, or additional communications. For a copy or to ask any questions, email hackinforeharden@gmail.com.
