Terms of Service

Last updated: May 28, 2025

These Terms of Service ("Terms") form a binding agreement between you ("Member," "you," or "your") and 1723 Ventures LLC, a Texas limited-liability company doing business as "The Mackenzie Club" ("Club," "we," "our," or "us"). By accessing www.mackenzieclub.com or any related sites, mobile apps, or in-club digital services (collectively, the "Services"), you agree to these Terms. If you do not accept them, do not use the Services.

Not legal advice. This document is provided for informational purposes. Consult counsel before relying on it.

1. Eligibility

You must be at least 21 years old to create an account or purchase a membership. By using the Services, you represent that you meet this requirement and that any information you provide is true and current.

2. Membership and Accounts

Registration. To become a member or reserve club amenities, you must create an account with accurate information.

Security. Keep your login credentials confidential. You are responsible for all activity that occurs under your account. Notify us immediately of any unauthorized use.

Membership Levels. Benefits, fees, and access rights vary by membership tier and are described on the Site or your membership agreement. In the event of conflict, your executed membership agreement controls.

Account Suspension. We may suspend or terminate your account for violation of these Terms, non-payment, or conduct that, in our judgment, harms the Club, staff, or other members.

3. Fees, Payments, and Billing

Currency. All prices are shown in U.S. dollars.

Payment Processor. We use Stripe, Inc. to process payments. By paying through the Site you agree to Stripe's Services Agreement. We never store your full card number.

Recurring Charges. Membership dues renew automatically at the interval stated during checkout. You authorize us to charge the payment method on file until you cancel in writing.

Late or Failed Payments. If a payment fails, we may suspend benefits until the balance is paid. A late fee may apply as allowed by Texas law.

Taxes. You are responsible for any sales, use, or similar taxes due in your jurisdiction.

Refunds. Unless required by law or expressly stated in your membership agreement, all fees are non-refundable.

4. Cancellations

You may cancel your membership by emailing privacy@mackenzieclub.com or calling +1 650-656-5551 at least thirty calendar days before your next billing date. Benefits remain active until the end of the paid term.

5. Rules of Conduct

You agree not to:

  • Use the Services for any unlawful, fraudulent, or harmful purpose.
  • Post or transmit content that is defamatory, obscene, or infringes third-party rights.
  • Interfere with the security or operation of the Site.
  • Attempt to reverse-engineer or scrape the Site without written consent.
  • Violate any published Club house rules, golf-simulator rules, or event policies.

6. Intellectual Property

All content on the Services—including text, logos, photographs, videos, and software—is owned by or licensed to the Club and protected by U.S. and international intellectual-property laws. You receive a limited, non-transferable license to use the Services for personal, non-commercial purposes. Any resale, distribution, or modification requires our prior written consent.

7. User Content

If you voluntarily submit photos, reviews, or other materials ("User Content"), you grant the Club a perpetual, irrevocable, royalty-free license to use, reproduce, and display that content worldwide in any media for promotional or operational purposes. You represent that you own or have permission to grant this license and that your User Content does not violate any law or right of a third party.

8. Privacy

Our use of personal information is governed by our Privacy Policy. By using the Services, you acknowledge that policy.

9. Third-Party Links

The Services may link to third-party sites for convenience. We do not endorse or control those sites and are not responsible for their content, terms, or privacy practices.

10. Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation.

11. Limitation of Liability

To the maximum extent allowed by law, the Club and its officers, employees, agents, and affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to the Services or these Terms, even if advised of the possibility. Our total liability for any claim shall not exceed the greater of (i) the amount you paid us in the twelve months preceding the claim or (ii) one hundred U.S. dollars.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Club and its affiliates from any claims, damages, and expenses—including reasonable legal fees—arising out of your violation of these Terms or misuse of the Services.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas without regard to conflict-of-law principles. Any dispute that cannot be resolved informally will be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in Austin, Texas. Each party waives any right to a jury trial or to participate in a class action.

14. Modifications to Terms

We may update these Terms from time to time. The "Last updated" date will change when revisions are posted. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

15. Assignment

We may assign or transfer our rights and obligations under these Terms without restriction. You may not assign these Terms without our written consent.

16. Severability and Waiver

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right or provision is not a waiver of future enforcement.

17. Entire Agreement

These Terms, together with the Privacy Policy and any membership agreement you have signed, constitute the entire agreement between you and the Club regarding the Services and supersede any prior understandings.

18. Contact Information

1723 Ventures LLC d/b/a The Mackenzie Club

260 Addie Roy Rd

Austin, TX 78746

Phone: +1 650-656-5551

Email: privacy@mackenzieclub.com