UNITED STATES GOLF ASSOCIATION
(Last Updated February 2019)
BY USING THE USGA SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR OTHERWISE USE THE USGA SERVICES. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND THAT IF YOU ARE PROVIDING ANY PERSONALLY IDENTIFIABLE INFORMATION AT THE TIME OF REGISTRATION OR AT ANY TIME WHILE USING THE USGA SERVICES, YOU ARE 13 YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION THROUGH THE USGA SERVICES.
a. USGA Websites. Subject to the terms and conditions of this Agreement, USGA hereby grants to Authorized User during the Subscription Term (as defined below) a limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, revocable access to the USGA Websites to which such Authorized User is permitted access.
b. USGA Mobile Apps. Subject to the terms and conditions of this Agreement, USGA hereby grants to Authorized User during the Subscription Term a limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, revocable license under copyright to reproduce a copy of the USGA Mobile App on Authorized User’s mobile device solely for personal use to access the functionalities to which such Authorized User is permitted access.
2. REGISTRATION AND USER ACCOUNT
a. Authorized User Credentials. To the extent Authorized User has access to any USGA Services as a Registered User (defined below), Authorized User acknowledges the access credentials are personal to Authorized User and Authorized User shall not share such access credentials with any other person for any purpose. “Registered User” means an Authorized User who has access to the USGA Services by way of a user name and password or other access credentials.
3. TERM; TERMINATION.
This Agreement commences on the date Authorized User accepts, accesses or otherwise uses the USGA Services and shall remain in effect while Authorized User continues to access the USGA Services or the USGA terminates this Agreement (whichever is earlier) (“Subscription Term”).
The USGA may terminate, change, suspend or discontinue any aspect of the USGA Services at any time with or without notice. Without limiting the foregoing, USGA may restrict, suspend or terminate Authorized User’s access or use of the USGA Services if USGA believes Authorized User is in breach of this Agreement or applicable law, or for any other reason without notice or liability. Upon termination of this Agreement for any reason, Authorized User must cease all use of the USGA Services. Termination of this Agreement shall not limit any of USGA’s rights or remedies at law or in equity.
4. PROPRIETARY RIGHTS
Authorized User acknowledges and agrees that USGA and/or its licensors own and retain all right, title, and interest in and to the USGA Services and any intellectual property contained therein, including without limitation, any and all technology, content, code, user interfaces, trademarks and other items posted thereon or used in connection or associated with the USGA Services.
Except as expressly granted in this Agreement, no license or right under any intellectual property rights in the USGA Services are granted or implied by this Agreement. Specifically, Authorized User shall not (a) modify, port, translate, localize or create derivative works of the USGA Services or the intellectual property contained therein; (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the USGA Services or intellectual property contained therein by any means whatsoever, or disclose any of the foregoing; or (c) sell, lease, license, sublicense, copy (except as provided in Section 1(b) with respect to the USGA Mobile Apps), market, distribute or offer as a service the USGA Services or the intellectual property contained therein. Authorized User shall not remove, obscure or alter any copyright or trademark notices or any trademarks contained in the USGA Services.
The trademarks, logos, service marks and trade names that may be displayed on or within the USGA Services are registered and unregistered trademarks of the USGA and other entities or persons (collectively, the “Trademarks”), and may not be used by Authorized User unless authorized in writing by the Trademark owner. Nothing contained in the USGA Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or within the USGA Services without the USGA’s written permission or that of the third party rights holder.
5. SUBMITTED MATERIALS
Unless specifically requested, the USGA does not solicit, nor does the USGA wish to receive, any confidential, secret or proprietary information or other material from Authorized User through the USGA Services, by e-mail or in any other way. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques or other materials (collectively “Submitted Materials”) submitted, posted, uploaded or sent or transmitted on or through the USGA Services in any manner will be deemed not to be confidential or secret, and may be used by the USGA in any manner consistent with this Agreement.
By submitting, uploading, posting or sending Submitted Materials through, to or on the USGA Services, Authorized User: (A) represent and warrant that either (i) Authorized User’s Submitted Materials are original to Authorized User and that no other party has any rights thereto or (ii) that Authorized User has the necessary licenses, rights, consents and permissions to use such Submitted Materials and use them in the USGA Services for the use of the USGA and its applicable service providers in accordance with this Agreement, and that any “moral rights” in the Submitted Materials have been waived; and (B) Authorized User grants to the USGA and its service providers, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it (in whole or in part) in other works, products or services in any form, media, or technology now known or later developed. The USGA cannot be responsible for maintaining any Submitted Material that Authorized User provides to the USGA on or through USGA Services, and the USGA may delete or destroy any such Submitted Material at any time.
7. RULES OF CONDUCT
While using or accessing the USGA Services, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular components, areas or features on the USGA Services, Authorized User agrees not to:
- impersonate any person or entity or misrepresent Authorized User’s affiliation with any other person or entity;
- use, resell, redistribute, republish or exploit in whole or in part any portion of the USGA Services (including its content) for any commercial or promotional purposes, or contact any other user of the USGA Services for commercial or promotional purposes, or offer to buy or sell any product or service on or through Authorized User’s activities on the USGA Services or in a Forum (as defined below) on the USGA Services except as authorized by USGA;
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any component of the USGA Services or its contents, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the USGA Services through any means, including through means not intentionally made publicly available or provided for in the USGA Services;
- engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on USGA Services, or obtaining lists of users or other information from or through the USGA Services, including, without limitation, any information residing on any server or database connected to the USGA Services;
- use the USGA Services or any of its respective features and services in any manner that could interrupt, damage, disable, overburden or impair the USGA Services or interfere with any other party's use and enjoyment of the USGA Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the USGA Services, in whole or in part;
- frame any part of the USGA Website in any third party sites or content, or any third party sites or content in any USGA Website, in any manner that would constitute or could be interpreted as an endorsement or sponsorship by the USGA or its service providers of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites;
- upload, post, transmit, distribute or otherwise publish to, on or through the USGA Services, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- use the USGA Services to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
- use the USGA Services, in whole or in part, in violation of any applicable law.
8. PUBLIC FORUMS
The USGA Services may include certain features that allow Authorized Users to interact and communicate with each other and/or with the general public (“Forums”). All terms and conditions set forth in this Agreement (as well as any other applicable, supplementary terms and conditions posted or otherwise made available in connection with particular features or services on the USGA Services), are applicable to Authorized User’s use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on databases that service the USGA Services and elsewhere on the Internet, and Authorized User may have no control over who will access or view them eventually. Therefore, Authorized User should be careful and selective about the information that Authorized User choose to disclose in such Forums and on the USGA Services in general about Authorized User and others, and in particular, Authorized User should not disclose any sensitive, personally identifiable, proprietary or confidential information in Authorized User’s submissions to the Forums.
9. RIGHT TO MONITOR AND EDITORIAL CONTROL
The USGA reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the USGA Services (including, without limitation, the Forums). The USGA is not responsible for any such materials. However, the USGA reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the USGA’s sole discretion, are objectionable or in violation of Agreement, the USGA’s policies or applicable law. The USGA may also impose limits on certain features or restrict Authorized User’s access to part or all of the USGA Services, without notice or penalty, if the USGA believes Authorized User is in breach of this Agreement or applicable law, or for any other reason without notice or liability.
10. THIRD PARTY WEBSITES AND PRODUCTS
b. Linking to the USGA Services. You agree that, without the prior express permission of the USGA: (a) you are not permitted to link directly to any image hosted on the USGA Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site; and (b) you may not link from any other web site to a USGA Website in any manner such that a USGA Website, or any page of a USGA Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to any USGA Website signifies that you have read the restrictions described herein and agree to abide by their terms. The USGA may, in its sole discretion, insist that any link to a USGA Website be discontinued, and the USGA may revoke your right to link to a USGA Website from any other web site at any time upon written notice to you.
11. ORDERS FOR PRODUCTS AND SERVICES
We may make certain products and services available for purchase or download to users of the USGA Services. You may only order products or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old (or the age of majority in your jurisdiction) or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the USGA. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you may be able to purchase or download on or through the USGA Services may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Authorized User agrees to defend, indemnify and hold the USGA, and its directors, officers, employees, agents, service providers and licensors harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) Authorized User’s use of the USGA Services, (ii) Authorized User’s Submitted Materials, in whole or in part, or (iii) Authorized User’s breach or violation of the law or this Agreement. The USGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Authorized User, and in such case, Authorized User agrees to cooperate with any such defense.
TO THE EXTENT PERMITTED BY LAW, THE USGA SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS CONTAINED THEREIN, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE USGA HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
TO THE EXTENT PERMITTED BY LAW, THE USGA DOES NOT WARRANT THAT THE USGA SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL.
TO THE EXTENT PERMITTED BY LAW, USGA MAKES NO WARRANTY THAT THE USGA SERVICES, IN WHOLE OR IN PART, WILL MEET AUTHORIZED USER REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AUTHORIZED USER FROM USGA, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
USGA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, AUTHORIZED USER’S COMPUTER OR MOBILE EQUIPMENT OR ANY OTHER PROPERTY ON ACCOUNT OF AUTHORIZED USER’S ACCESS TO, USE OF, OR BROWSING IN THE USGA SERVICES OR AUTHORIZED USER’S DOWNLOADING OF THE USGA MOBILE APP OR THE AUTHORIZED USER’S DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE USGA SERVICES.
IF AUTHORIZED USER IS DISSATISFIED WITH THE USGA SERVICES, AUTHORIZED USER SHOULD DISCONTINUE USE. USGA DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND USGA EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE USGA SERVICES CREATED OR PROVIDED BY AUTHORIZED USERS OR OTHER THIRD PARTIES.
14. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL USGA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, USGA SERVICES OR CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, AUTHORIZED USER’S PROVISION OF INFORMATION OR CONTENT VIA THE USGA SERVICES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO AUTHORIZED USER FOR ANY DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR AUTHORIZED USER’S USE OF THE USGA SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE USGA FOR YOUR USE OF ANY USGA WEBSITE, OR (B) TEN DOLLARS ($10). AUTHORIZED USER UNDERSTANDS AND AGREES THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
15. JURISDICTIONAL ISSUES
The USGA does not represent that the USGA Services or any contents contained therein are appropriate or available for use in any location outside of the United States. Authorized Users who choose to access the USGA Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. To the extent local laws require additional terms, this Agreement may be subject to separate jurisdictional terms, if any and as applicable.
16. CHANGES TO THIS AGREEMENT
USGA has the right to change or modify this Agreement, or to impose new conditions on Authorized User’s use of the USGA Services, at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting within the USGA Services, by electronic mail, by messaging, or by any other means from which Authorized User may obtain notice thereof. Any use of the USGA Services by Authorized User subsequent to such notice shall be deemed to constitute Authorized User’s acceptance of such changes, modifications, additions, or deletions.
USGA respects the intellectual property rights of others and require that the people who use the products and services of the USGA do the same. If any person or entity believes that content in the USGA Services has been copied in a way that constitutes copyright infringement, please forward the following information to the USGA’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
- Authorized User’s address, telephone number, and email address;
- A description of the copyrighted work that Authorized User claims has been infringed;
- A description of where the alleged infringing material is located;
- A statement by Authorized User that Authorized User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by Authorized User, made under penalty of perjury, that the above information in Authorized User’s Notice is accurate and that Authorized User is the copyright owner or authorized to act on the copyright owner's behalf.
United States Golf Association
77 Liberty Corner Road
Liberty Corner, NJ 07938
Attn: USGA DMCA-agent
Fax: (908) 450-1306
USGA will respond to notices of claimed copyright infringement in accordance with the DMCA.
This Agreement and the relationship between Authorized User and the USGA shall be governed by the laws of the United States and the State of New Jersey, without regard to its conflict of law provisions. Authorized User agrees that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of New Jersey. Authorized User agrees to submit to the personal and exclusive jurisdiction of the courts located within the State of New Jersey. The USGA’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.