Thank you for visiting the website for America’s Golf Festival (the “Site”). We know that your privacy is important to you, and we want you to know that it is important to us too. We created this privacy policy (the “Policy”) to explain the types of information we collect on or through the Site and how we will use, disclose and protect this information once it is collected. By visiting our Site, you agree to the terms of this Policy as they may be amended from time to time.This Policy is incorporated into, and part of, our terms of use, which govern your use of our Site as a whole. This Policy does not apply to other websites owned or operated by any sponsors, advertisers and/or independent contractors of America’s Golf Festival. This Policy does not apply to information that you may provide to us, or that we may obtain, other than through our Site, such as over the phone, by mail, or in person.If you are located outside of the United States, you should know that the information you provide to us is being transmitted to us and processed in the United States and will be protected subject to this Policy and United States laws, which may not be as protective as the laws in your country. Also, this Site places cookies and local shared objects on your computer or device which are further described below. By using the Site, you agree to this.
What Information Is Collected on This Site?
User-Provided Information
“Personal Information” is information that can be used to identify you or the potential registrant or participant in any/all America’s Golf Festival competitions and/or contests or allow someone to contact you or the participant, as well as information attributed with such information. We collect Personal Information such as your name and the name of the potential registrant or participant, your relation to the potential registrant or participant, your email address and other information.
Site Usage Information
As is the case with many web sites, our servers automatically collect your IP address when you visit our Site, and we may associate that with your domain name or that of your Internet access provider. We may also capture certain “clickstream data” pertaining to your Site usage. Clickstream data includes, for example, information about your computer or device, Web browser and operating system and their settings, the referring page that linked you to the Site, the pages, content or ads you see or click on during your visit and when and for how long you do so, items you download, the next Web site you visit when you leave the Site, and any search terms you have entered on the Site or a referral site. This information is referred to herein as “Site Usage” information.
In addition, we may deploy various tracking technologies on the Site to collect additional Site Usage information about your Site visits.
For example:
Cookies are small data files stored on your computer or device at the request of a Web site. A cookie assigns a unique numerical identifier to your Web browser, and may enable us to recognize you as the same user who was at our Site in the past, and relate your use of the Site to other information about you, such as your Site usage information and Personal Information. Cookies may also be used to enhance your experience on the Site or to collect general usage and aggregated statistical information and detect and prevent fraud. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, inhibit or preclude your use of the Site or its features. To learn more about the use of cookies, including how to manage or delete them, click here.
Local shared objects, such as “Flash cookies,” may be stored on your computer or device using a media player or other software installed on your computer or device. Local shared objects operate a lot like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing Flash cookies, for example, click here.
HTML5 (the language some Web sites are coded in) may be used to store information on your computer or device about your Site usage activities. This information can be retrieved by us to determine how our Site is being used by our visitors, how it can be improved, and to customize it for our users.
Cache cookies, such as eTags, may be used to identify your computer or device as the same computer or device that visited our Website or another web site in the past.
Browser history sniffing may be used to enable us to detect whether you have visited a Web page of ours or of someone else’s in the past by determining whether its URL is located in the list of URLs stored in your Web browser’s history file.
Browser fingerprinting can enable us to recognize your computer or device as the same one that has been used to visit the Site in the past based on various detectable information from your computer or device that, together, can be used as a “fingerprint” of your computer or device.
A pixel tag (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a Web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our Web pages. These tracking technologies may be deployed by us and/or by our service providers or partners on our behalf.
These technologies enable us to assign a unique number to you, and relate your Site Usage Information to other information about you, including your Personal Information.
How Is Your Information Used?
We or our service providers may use the information we collect from and about you to perform the following business functions in connection with the Site:
enabling users to use our Site and its features
processing and fulfilling your submissions
administering the Site and your relationship with us
responding to your requests, questions, and concerns
market research
developing new features and offerings on the Site
protecting our rights and property
preventing fraud
customizing our Site to your interests and history with us
other purposes disclosed when personal information is submitted to us
sending email correspondence
To perform the above functions, we may match information collected from you through different means or at different times, including both Personal Information and Site Usage information, and use such information along with information obtained from other sources (including third parties) such as demographic information and updated contact information. We or our service providers may also use your information to assess the level of interest in, and use of, the Site, our e-mails and our other messaging campaigns both on an individual basis and in the aggregate.
Please note that the names of any individuals selected to participate in any/all America’s Golf Festival competitions and/or contests may be publicly available on the Site.
Social Networking
We may use several social networking and blogging platforms to communicate with the public, some of which are operated by third parties, such as Facebook. This Policy applies to our use of information you submit to us there, but it does not apply to what those third party platforms do with your information. Those platforms have their own privacy policies, and we encourage you to read them.
We may share the information we collect on the Site with others for a variety of reasons. In addition to the kinds of information sharing you might expect, such as sharing with third parties who need your information in order to provide services to us (or on our behalf) and sharing what you voluntarily post to public areas on the Site with other Site users, we may share your information: when we believe in good faith that disclosure is necessary to protect our rights or property, protect your safety or the safety of others, investigate fraud or respond to a government, judicial or other legal request, or to comply with the law, in connection with a corporate change or dissolution, including for example a merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets or wind down of business. In addition, we may share non-personally identifiable Site Usage information (including aggregate data) with others, for their own use, in a form that does not include your name or contact information.
Security
Due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.
If you correspond with us, you should be aware that your transmission might not be secure. A third party could view the information you send in transit by such means. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
If we believe that the security of your Personal Information in our care may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances. If we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please email us at [email protected].
“Linked-To” Web Sites
The Site may contain links, banners, widgets or advertisements that lead to other Web sites. We are not responsible for these other sites, and so their posted privacy policies (not this Policy) will govern the collection and use of your information on them. We encourage you to read the privacy statements of each Web site visited after leaving the Site to learn about how your information is treated by others.
Changes to this Privacy Policy
We may change this Policy from time to time. When we do, we will let you know by posting the changed Policy on this page with a new “Last Updated” date. In some cases (for example, if we significantly expand our use or sharing of your Personal Information), we may also tell you about changes by additional means, such as by sending an e-mail to the e-mail address we have on file for you. In some cases, we may request your consent to the changes.
Contact Us
If you have any questions or comments regarding our privacy practices, you may contact us at:
World Golf Skills, LLC
Email: [email protected]
World Golf Skills, LLC (“America’s Golf Festival” or “we”) provides our websites accessible at americasgolffestival.com, and any other website for which America’s Golf Festival owns the domain registration (the “Site”), its proprietary video viewing platform and the services made available by America’s Golf Festival therein. Please read carefully the following terms and conditions (“Terms of Use”), Copyright Policy, Trademark Policy, and our Privacy Policy. These Terms of Use govern your access to, and use of, the Service and all Collective Content (defined below), and constitute a binding legal agreement between you and America’s Golf Festival.
Key Terms of Use related to Content
“Content” means links, text, graphics, images, music, audio, video, information or other materials.
“America’s Golf Festival Content” means all Content that America’s Golf Festival makes available through the Service, including any Content licensed from a third party, but excluding User Content.
“User” means a person that accesses or uses the Service.
“User Content” means all Content that a User provides to America’s Golf Festival, whether submitted, posted, uploaded, published, emailed, sent, or transmitted via the Service or in response to or in connection with Content previously provided via the Service.
“Collective Content” means User Content and America’s Golf Festival Content.
Certain areas of the Service, including, but not limited to, the areas of the Service through which you may purchase America’s Golf Festival products, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Service, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Service.
You acknowledge and agree that, by accessing or using the service or by uploading or posting any user content on the service, you are indicated that you have read, understand and agree to be bound by these terms of use, whether or not you have registered on or through the service. If you do not agree to these terms of use, then you have no right to access or use the service or collective content. If you accept or agree to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Eligibility
The Service is intended solely for persons who are age 18 or older. Any access to or use of the Service by anyone under 18 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 18 or older.
Account Registration
In order to access certain features of the Service you may be required to create an account (“Account”) and become a “Registered User” of the Service. During the registration process you will be required to provide certain information and establish a username and a password. You agree to provide accurate, current and complete information during the registration process and at other times when you use the Service and to update such information to keep it accurate, current and complete. America’s Golf Festival reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify America’s Golf Festival of any unauthorized use of your Account.
Privacy
See America’s Golf Festival Privacy Policy for information and notices concerning America’s Golf Festival collection and use of your personal information.
Ownership
The Service and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, America’s Golf Festival and its licensors exclusively own all right, title and interest in and to the Service and Collective Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Collective Content.
America’s Golf Festival Content and User Content License
Subject to your compliance with the terms and conditions of these Terms of Use, America’s Golf Festival grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and print any America’s Golf Festival Content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms of Use, America’s Golf Festival grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any User Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Collective Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by America’s Golf Festival or its licensors, except for the licenses and rights expressly granted in these Terms of Use.
User Content
We may, in our sole discretion, permit Users to submit, post, upload, publish, email, send, or transmit User Content on the Site, through the Service or in response to or in connection with Content previously provided via the Service. Unless otherwise agreed in writing, America’s Golf Festival does not claim any ownership rights in your User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your User Content. By making available any User Content through the Service, you hereby grant to America’s Golf Festival a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on and through third-party distribution channels selected by, but not affiliated with, America’s Golf Festival, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes; you also grant America’s Golf Festival the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your User Content. You agree that neither America’s Golf Festival nor any third party distribution channels have any obligation to provide any compensation to you for your User Content or the licenses granted herein.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to America’s Golf Festival the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or America’s Golf Festival use of the User Content (or any portion thereof) on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Idea or Proposal Submissions
For any proposals or ideas that you submit to America’s Golf Festival, in addition to any other representations or warranties in these terms of use, you represent and warrant that you have the right to disclose such ideas or proposal to America’s Golf Festival and that such disclosure does not violate the rights of any other person or party. You will indemnify and hold harmless and defend America’s Golf Festival from and against any claims, losses, expenses and liabilities arising from breach by you of the foregoing representation and warranty.
By submitting your idea or proposal you acknowledge and recognize that America’s Golf Festival has a number of well-established product lines and is continually busy working on new products, services and technologies, and as such, America’s Golf Festival may currently or in the future be internally developing proposals, ideas or information or receiving proposals, ideas or information from others that are likely to be similar to the proposals or ideas provided by you. Accordingly, nothing in this Agreement shall be construed as a representation or inference that America’s Golf Festival will not independently develop or authorize the development of products, services or ideas, for itself or for others, that may compete with or be similar to the proposals or ideas you submit. Moreover, America’s Golf Festival assumes no fiduciary or confidential obligation of any kind with respect to any proposals, ideas or suggestions made by you that relate to America’s Golf Festival product lines or services. You understand we cannot and do not agree to treat as confidential your ideas, proposals, products, improvements or any other information you may decide to submit or disclose to us, even if the documents are marked as confidential or you indicate the confidential nature of the information, except to the extent covered by a separate written nondisclosure agreement, if any, we may choose to enter into with you. You also understand and agree that America’s Golf Festival willingness to review any proposals or ideas is not an admission by America’s Golf Festival of novelty, priority, or originality and does not impair America’s Golf Festival right to contest existing or future patents or copyrights claiming the ideas. You agree that America’s Golf Festival assumes no liability in reviewing these proposals or ideas and agree to rely solely upon such protection as may be afforded under the Patent and Copyright Statutes of the United States of America.
Copyright Policy
America’s Golf Festival respects copyright law and expects its users to do the same. America’s Golf Festival has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see America’s Golf Festival Copyright Policy for further information.
General Prohibitions
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Service, or any individual element within the Service, America’s Golf Festival name, any America’s Golf Festival trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without America’s Golf Festival express written consent;
Access, tamper with, or use non-public areas of the Service, America’s Golf Festival computer systems, or the technical delivery systems of America’s Golf Festival providers;
Attempt to probe, scan, or test the vulnerability of any America’s Golf Festival system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by America’s Golf Festival or any of America’s Golf Festival providers or any other third party (including another user) to protect the Service or Collective Content;
Attempt to access or search the Service or Collective Content or download Content or Collective Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by America’s Golf Festival or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing an America’s Golf Festival trademark, logo URL or product name without America’s Golf Festival express written consent;
Use the Service or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Collective Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
America’s Golf Festival will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. America’s Golf Festival may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that America’s Golf Festival has no obligation to monitor your access to or use of the Service or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. America’s Golf Festival reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Collective Content, that America’s Golf Festival, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Use or otherwise harmful to the Service.
Links
The Service contains links to other websites and online resources and you understand that by using the Service and accessing third party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that America’s Golf Festival is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by AVOS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Feedback
If you choose to provide feedback, comments and suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you acknowledge and agree that all Feedback will be the sole and exclusive property of America’s Golf Festival and you hereby irrevocably assign to America’s Golf Festival and agree to irrevocably assign to America’s Golf Festival all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.
Sweepstakes and Contests
America’s Golf Festival may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Service. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Service, as they may contain additional important information about America’s Golf Festival rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.
Modification
America’s Golf Festival reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Use. By continuing to access or use the Service after we have posted a modification on the Site or via the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Service.
Termination and Account Cancellation
If you breach any of these Terms of Use, America’s Golf Festival will have the right to suspend or disable your Account or terminate these Terms of Use, at its sole discretion and without prior notice to you. America’s Golf Festival reserves the right to revoke your access to and use of the Service and Content at any time, with or without cause. You may cancel your Account at any time by contacting America’s Golf Festival.
Disclaimers
The service and collective content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, America’s Golf Festival explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.America’s Golf Festival makes no warranty that the service or collective content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. America’s Golf Festival makes no warranty regarding the quality of any products, services or content purchased or obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the service.
No advice or information, whether oral or written, obtained from America’s Golf Festival or through the service or collective content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service.
Indemnity
You agree to defend, indemnify, and hold America’s Golf Festival, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or Collective Content, or your violation of these Terms of Use.
Limitation and Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service and collective content remains with you. Neither America’s Golf Festival nor any other party involved in creating, producing, or delivering the service or collective content will be liable for any incidental, special, exemplary or consequential damages, including loss of data or loss of goodwill, service interruption, computer damage or system failure, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not America’s Golf Festival has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will America’s Golf Festival aggregate liability arising out of or in connection with these terms of use of from the use of or inability to use the service or collective content exceed one hundred dollars ($100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between America’s Golf Festival and you. Some jurisdictions to do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of America’s Golf Festival used herein are trademarks or registered trademarks of America’s Golf Festival. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of North Dakota without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in North Dakota and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms of Use constitute the entire and exclusive understanding and agreement between America’s Golf Festival and you regarding the Service and Collective Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between America’s Golf Festival and you regarding the Service and Collective Content.
Assignment
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without America’s Golf Festival prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. America’s Golf Festival may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by America’s Golf Festival (i) via email (in each case to the address that you provide) or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Dispute Resolution
You and America’s Golf Festival agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and America’s Golf Festival are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and America’s Golf Festival otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of North Dakota and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and America’s Golf Festival otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and America’s Golf Festival submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. America’s Golf Festival will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, America’s Golf Festival will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if America’s Golf Festival changes this “Dispute Resolution” section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change at America’s Golf Festival within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of America’s Golf Festival email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and America’s Golf Festival in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
General
The failure of America’s Golf Festival to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of America’s Golf Festival. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.
Contacting America’s Golf Festival
If you have any questions about these Terms of Use, please contact America’s Golf Festival.
(701) 200-7799
[email protected]