Terms of service

Last Updated: August 14, 2026

Welcome to the website of Another Nine, LLC, an Ohio limited liability company (“Another Nine”, “we”, “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation, our Privacy Notice accessible at www.anothernine.com/policies/privacy-policy (“Privacy Notice”) (collectively, these “Terms of Use” or “Terms”) govern your (“you” or “User”) access to and use of the website located at www.anothernine.com, including any content, functionality, and services offered on or through the website (the “Site”). These Terms also govern your purchase of products and services offered on or through the Site, including, but not limited to, reservations for use of our golf simulator facilities (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE. BY USING THE SITE, PURCHASING ANY SERVICES ON OR THROUGH THE SITE, REGISTERING WITH OR CREATING AN ACCOUNT FOR THE SITE, OR CLICKING “ACCEPT” OR CHECKING THE APPLICABLE BOX FOR MANIFESTING ACCEPTANCE OF THESE TERMS, YOU ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE AND/OR PURCHASE SERVICES ON OR THROUGH THE SITE.

THE SITE IS INTENDED FOR USERS WHO ARE AT LEAST SIXTEEN (16) YEARS OLD. USERS UNDER THE AGE OF EIGHTEEN (18) MAY USE THE SITE ONLY AS DESCRIBED IN THE “SITE USE” SECTION BELOW. THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

CHANGES TO THE TERMS

These Terms of Use may be modified by Another Nine without prior written notice at any time upon posting of the modified Terms of Use; provided, however, if you have provided Another Nine with an email address, we will notify you via email if any changes to these Terms materially affect your rights. Any such modifications shall be effective immediately and apply to all access to and use of the Site thereafter, including, without limitation, the purchase of Services on or through the Site. Your continued access to or use of the Site after the “Last Updated” date, set forth at the beginning of these Terms, will constitute your acceptance of and agreement to such changes.

IN-PERSON FACILITY USE AND SIMULATOR SERVICES

Your use of space, Services, and/or equipment at any Another Nine location (the “Facility”), including, but not limited to private golf simulator suites, equipment, and common areas, is subject to separate terms and conditions provided to you at the time of your reservation (the “Facility Terms”) and available at https://anothernine.com/pages/facility-terms. In the event of any conflict between these Terms and the Facility Terms with respect to your in-person use of an Another Nine location, the Facility Terms shall control. Nothing in these Terms shall be construed to limit or modify the obligations, restrictions, or policies set forth in the Facility Terms.

PRIVACY NOTICE

Your use of the Site is also subject to and governed by our Privacy Notice, available at www.anothernine.com/policies/privacy-policy. Our Privacy Notice governs the processing of all personal information collected through your use of and access to the Site.

ACCESSING THE SITE

We reserve the right to withdraw or amend this Site, the Services, and any other material we provide on or through the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.

You are responsible for: (a) making all arrangements necessary for you to have access to the Site; and (b) ensuring that all persons who access the Site through an internet connection which you share are aware of these Terms and comply with them. To access the Site or purchase any Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

USER ACCOUNTS

To access certain features of the Site or purchase Services, you may be required to create a user account. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information to keep it accurate, current, and complete; (c) notify us immediately of any unauthorized use of your account or any other breach of security; and (d) accept all responsibility for any activity that occurs under your account, whether or not authorized by you. Another Nine reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we reasonably believe that you have violated these Terms. You may not create more than one account per person, and you may not transfer, sell, or assign your account to any third party.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, colors, background, objects, “look and feel,” layout, and the design, selection, and arrangement thereof) are owned by Another Nine or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights reserved.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

  1. your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  2. you may store files that are automatically cached by your Web browser for display enhancement purposes;
  3. you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution; and
  4. if we provide social media features with certain content, you may take such actions as are enabled by such features.

Without limiting the generality of the foregoing, you must not:

  1. modify copies of any materials from this Site;
  2. delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site; or
  3. access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Another Nine.

The Another Nine name, trademarks, service marks, and other designations of origin appearing on the Site, and the logos associated therewith, are trademarks of Another Nine. In addition, the colors, background, objects, “look and feel,” layout, and the design, selection, combination, and arrangement thereof appearing on the Site constitute the trade dress of Another Nine. All other trademarks, product names, and company names or logos used on this Site are the property of their respective owners. No permission or license (whether express or implied) is hereby granted regarding the use of any such trademarks, trade dress, product or service names, logos or titles, and such use may constitute infringement of the holder’s rights.

COPYRIGHTS AND COPYRIGHT AGENT

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Website;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

By Mail

Another Nine, LLC, Attn: Copyright Agent, 727 Madison Ave Suite #10, Covington, KY 41011

By E-mail: legal@anothernine.com

SITE USE

The Site is for your personal and non-commercial use, unless otherwise specified. This Site is intended for adults only. You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement in your jurisdiction to use the Site and purchase Services. Notwithstanding the foregoing, individuals who are sixteen (16) or seventeen (17) years of age may make reservations through the Site provided that a parent or legal guardian has expressly consented to such use on their behalf. You may not use any service provided by the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Another Nine. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this Site.

ONLINE PURCHASES

This Section applies to any purchase, subscription, or other transactions for the sale of the Services, formed through the Site or as a result of visits made by you. You may only purchase Services for your personal use. You agree that your order is an offer to buy, under these Terms of Use, all Services listed in your order. All orders must be accepted by us or we will not be obligated to sell Services. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the Services you have ordered. Acceptance of your order and the formation of the contract of sale between Another Nine and you will not take place unless and until you have received your order confirmation email.

The price for Services available for purchase through the Site will be displayed to you on the Site. The prices displayed do not include taxes or any other applicable fees. Any applicable taxes or fees will be communicated to you before you place an order. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. The Site currently uses third-parties to process payments for transactions consummated through this Site (“Payment Processors”). By utilizing the Site to purchase Services, you authorize a Payment Processor to charge your credit card or other payment method. You represent and warrant that (i) the credit card information you supply to such third-party payment processors is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Another Nine is not responsible for any errors by the Payment Processor.

FRANCHISE DISCLOSURE

Another Nine operates a network of indoor golf simulator venues, some of which are company-owned and some of which are independently owned and operated franchise locations. Although all locations operate under the Another Nine brand and transact through centralized systems on the Site, each franchise location is an independently owned and operated business. Another Nine, the franchisor, is not responsible for the acts, omissions, or services of any franchise location or its employees. Any claims arising from Services rendered at a franchise location must be directed to the applicable franchise entity. Nothing in these Terms creates any agency, partnership, or joint venture between Another Nine and any franchisee.

SIMULATOR PERFORMANCE DATA

As part of our Services, we utilize third-party tracking technology (including Trackman) to generate golf shot and swing performance data during your session (“Performance Data”). Performance Data may be stored by Another Nine and/or our third-party technology providers. By using our simulator Services, you acknowledge and agree that Another Nine may collect, store, and use your Performance Data, in individual, aggregated, or anonymized form, for purposes including but not limited to: (a) providing and improving the Services; (b) generating leaderboards and tournament results; (c) conducting marketing and promotional activities; and (d) research and analytics. Another Nine’s collection and use of Performance Data is also subject to our Privacy Notice.

SHIPPING AND RETURN POLICY

For purchases of physical goods through the Site, Another Nine ships from Covington, Kentucky. We do not currently offer international shipping. All orders are subject to our Shipping Policy, available at https://anothernine.com/policies/shipping-policy. Returns and refunds for physical goods purchased through the Site are subject to our Return and Refund Policy, available at https://anothernine.com/policies/refund-policy. Refunds for reservations and Services are governed by the Facility Terms.

MEMBERSHIPS AND A9 INSIDERS LOYALTY PROGRAM

Another Nine offers paid membership plans (currently Starter, Pro, Elite, and Executive) and the A9 Insiders loyalty program. There is no cost to join or participate in A9 Insiders: it is a free loyalty program whose benefits currently include a one-time twenty-five percent (25%) discount on your first eligible reservation after enrollment, five percent (5%) cash back on eligible orders, referral credits, and periodic exclusive offers and discounts. The paid membership plans and the A9 Insiders program are each governed by the Another Nine Membership and A9 Insiders Program Terms (the “Program Terms”), which control in the event of any conflict with these Terms with respect to those programs. Membership availability and pricing vary by location. Any accrued store credit is subject to applicable state stored-value, gift card, and escheatment laws and will not expire except as permitted by applicable law. The Program Terms are available at https://anothernine.com/pages/membership-terms.

SMS AND TEXT MESSAGE COMMUNICATIONS

By providing your mobile phone number and opting in to receive text messages from Another Nine, you consent to receive recurring automated marketing and informational text messages (including SMS and MMS) at the phone number provided. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. You may opt out of receiving text messages at any time by replying STOP to any message or by contacting us at support@anothernine.com. For help, reply HELP or contact us at support@anothernine.com. Another Nine will not share your opt-in consent or mobile phone number with any third party for marketing purposes. All text messages from Another Nine are subject to our SMS Policy, available on the Site, which contains the full terms of our mobile message program.

SWEEPSTAKES, CONTESTS, AND PROMOTIONS

From time to time, Another Nine may offer sweepstakes, contests, or other promotional campaigns through the Site or social media platforms. Any such promotion will be governed by separate official rules that will be made available at the time of the promotion. In the event of any conflict between these Terms and the official rules for a promotion, the official rules shall control with respect to that promotion. No purchase is necessary to enter any sweepstake unless otherwise stated in the official rules.

LINKS FROM THE SITE

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

FEEDBACK AND SUBMISSIONS

Any remarks, suggestions, ideas, materials, or other communications (each, a “Submission”) that you provide to Another Nine through the Site or otherwise shall be deemed non-confidential and non-proprietary. By providing a Submission, you grant Another Nine a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission in any media or format, whether now known or hereafter developed, without any obligation of compensation, attribution, or approval to you. You represent and warrant that you own or otherwise control all rights in any Submission you provide and that the Submission does not violate the rights of any third party.

COMPLIANCE WITH LAWS

You must abide by all federal, state, and local laws through your use of the Site and Services. If you are outside the United States, you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country of residence.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Another Nine, its parents, managers, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) from and against any and all claims, actions, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms of Use or the Privacy Notice; (ii) your use of the Site or the Services; (iii) your use of any facility, equipment, or simulator suite; (iv) your violation of any law or regulation or the rights of any third party; (v) any content or information you submit, post, or transmit through the Site; or (vi) any activity related to your account. Your indemnification obligation under this Section shall survive the termination of these Terms and your use of the Site and Services.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE, SERVICES, AND ANY FACILITY IS AT YOUR OWN RISK. THE SITE, SERVICES, FACILITIES, EQUIPMENT, AND ANY INFORMATION AND/OR PRODUCTS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANOTHER NINE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ANOTHER NINE DOES NOT WARRANT THAT THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANOTHER NINE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE OR ANY RESULTS OBTAINED THROUGH THE SERVICES, INCLUDING ANY SIMULATOR DATA, SCORES, OR PERFORMANCE METRICS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SITE, ANY SERVICE, ANY FACILITY, OR THEIR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL ANOTHER NINE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for personal, non-commercial, general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

GOVERNING LAW

These Terms and any dispute that may arise between you and Another Nine shall be governed in accordance with the laws of the state of Ohio, without regard to any conflicts of law provisions (except those that would permit the adoption and application of Ohio law).

DISPUTE RESOLUTION

Any dispute, claim or controversy among the parties arising out of or relating to these Terms of Use, the Site, or the products and services you purchase on or through it (“Dispute”) shall be finally resolved by and through binding arbitration in accordance with the Federal Arbitration Act and the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, to the exclusion of any other Federal, state or municipal law of arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Another Nine. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction.

Notwithstanding anything to the contrary in this Section, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or Another Nine to bring an individual action in small claims court.

For any Dispute, the place of Arbitration shall be in Cincinnati, Ohio. If you or Another Nine intends to seek arbitration, then the party seeking arbitration must first send a written notice of dispute to the other party by U.S. Mail (“Notice”). Another Nine’s address for notice is: Another Nine, LLC, 727 Madison Ave Suite #10, Covington, KY 41011. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Another Nine will make good faith efforts to resolve the claim directly, but if you and Another Nine do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Another Nine may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Another Nine must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

The cost of the arbitration proceeding, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award, except as otherwise required by the applicable arbitration rules (including any applicable consumer arbitration standards) or applicable law.

RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST ANOTHER NINE, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY IN CINCINNATI, OHIO. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND ANOTHER NINE AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND ANOTHER NINE, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.

THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS LOCATED IN CINCINNATI, OHIO, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO.

WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION BE STRICKEN FROM THESE TERMS OF USE OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND INAPPLICABLE, AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE COURTS LOCATED IN CINCINNATI, OHIO, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.

SUBJECT TO APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

FORCE MAJEURE

Another Nine shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, fire, flood, severe weather, epidemic or pandemic, earthquake, power outage, internet or telecommunications failure, government actions, labor disputes, or any other event beyond our reasonable control (each, a “Force Majeure Event”). In the event of a Force Majeure Event that prevents us from fulfilling a reservation or providing Services, we will use commercially reasonable efforts to notify you promptly and, at our option, reschedule your reservation or provide a credit for future use.

SEVERABILITY AND WAIVER

If any provision of the Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect. The failure of Another Nine to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Another Nine must be in writing and signed by an authorized representative of Another Nine.

RELATIONSHIP OF THE PARTIES

Nothing contained in the Terms of Use or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and Another Nine and govern the terms and conditions of your use of the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Another Nine with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Notice and Facility Terms), guidelines, or rules that may apply when you use the Site or our Services.

ELECTRONIC COMMUNICATIONS

When you visit the Site, or send us emails, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

CONTACT INFORMATION

For general inquiries, complaints, or concerns about the Site, the Services, or these Terms, please contact us at:

  1. Email: legal@anothernine.com; or
  2. Mail: Another Nine, LLC, 727 Madison Ave Suite #10 Covington, KY 41011.