Website Terms of Use

Effective Date: September 5, 2024

Last Modified: September 5, 2024

Last Reviewed: September 5, 2024

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of, whether as a guest or a registered user, the websites, mobile applications and other online and mobile services that link to or post these Terms of Use (collectively “Organization Sites”) that are operated by Ladies Professional Golf Association ("Organization," "we," or "us").

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (SECTION 7), LIMITATION OF LIABILITY (SECTION 8), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 11). PLEASE READ IT CAREFULLY.

By using the Organization Sites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at LPGA.COM/PRIVACY-POLICY, incorporated herein by reference. Your acceptance provides you with a limited and temporary license and permission to access and use the Organization Sites, which license and permission we may revoke at any time, as described below. You must be 13 years or older to use the Organization Sites. If you do not want to agree to these Terms of Use or the Privacy Policy or you do not meet the age requirement, you must not access or use the Organization Sites.

We may revise and update these Terms of Use from time to time in our sole discretion, provided that we may only amend the binding arbitration, venue, and time limit of claims provisions to the extent allowed by applicable law. All changes are effective immediately when we post them and apply to all access to and use of the Organization Sites thereafter. Your continued use of the Organization Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

1. OWNERSHIP AND USE RESTRICTIONS.

1.1. General. As between you and us, we own all right, title and interest, including all intellectual property and proprietary rights (including goodwill), in and to, and related to, the Organization Sites, and all Trademarks (defined below), software, technology, platforms, applications, user interface, tools, links, text, images, photographs, video, audio, statistics, graphics, user interface, and other content (and the selection, coordination, and arrangement of any content), data, analytics, algorithms, or materials included or displayed in or through, provided with or through the use of, or generated from the Organization Sites, and any and all improvements to or derivatives of the forgoing. Except as expressly provided in these Terms of Use, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the Organization Sites or contents of the Organization Sites for any purposes, and nothing otherwise stated or implied in the Organization Sites confers on you any license or right to do so. To the extent you obtain any rights in our content or Organization Sites, you hereby assign all such rights, title, and interest to the Organization.

1.2. Trademarks. Without limiting the foregoing, we (or our affiliates) own all rights in the product names, company names, trade names, logos, product packaging and designs, and the look and feel of the Organization Sites, including all page headers, graphics, button icons and scripts ("Trademarks") of the Ladies Professional Golf Association and third parties own all Trademarks in their respective products or services, whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries, as applicable. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in these Terms of Use, and nothing otherwise stated or implied in the Organization Sites confers on you any license or right to do so.

2. PERMITTED USES.

2.1. Non-Commercial. Organization maintains the Organization Sites for your personal entertainment, information, education, and communication. You may use the Organization Sites solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Organization Sites, whether to create or compile, directly or indirectly, a collection, compilation, database, or directory, is prohibited absent our express prior written consent. For clarity, except as permitted below, you may not distribute, reproduce, republish, upload, display, modify, transmit, reuse, repost, link to, or use any materials of the Organization Sites for public or commercial purposes on any other website, social media platform, or otherwise without the written permission of Organization.

2.2. Downloads. Where the function is available, you may download material displayed on the Organization Sites to any single computer only for your personal, non-commercial use, provided you also maintain all intellectual property, including copyright and other proprietary notices contained on or associated with the materials.

2.3. Links to the Organization Sites. The following restrictions apply to all links to the Organization Sites:

A. Commercial Site. A Commercial Site may not link to any Organization Site without the express written permission of Organization, even if the page and/or area where the link originates does not promote a product, brand or service. For purposes of this Section, a “Commercial Site” means any online, cable, wireless or other websites, services, or browser created by, licensed by, or substantially associated with an entity that regularly promotes any product, brand or service.

B. Permissible Sites. Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engines, widely available Internet browsers) (“Permissible Sites”) may link to the Organization Sites without the express written permission of Organization if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., LPGA); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page and/or area containing such word link. Trademarks (a “logo” link) may not be used to link to the Organizational Sites, without the written permission from Organization. All links must be to the applicable Organization Site’s homepage (links to internal pages such as a player page, a photo gallery or a feature article is NOT permitted).

C. Conditions. If you link to the Organization Sites as permitted above or with our written permission, you: (i) shall not create a frame, browser or border environment around any of the content of the Organizational Sites; (ii) shall not imply that we endorse or sponsor your site or any of its products or services; (iii) shall not present false information about us, the Organization Sites or any of our products or services; (iv) shall not use any of our Trademarks without our express prior written permission; and (v) shall not include any content that could be construed by us as distasteful, offensive or controversial.

Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to deny or rescind permission to link to the Organization Sites, and to require termination of any link to the Organization Sites, for any reason in our sole and absolute discretion. The posting or creation of any link to the Organization Sites signifies that you have read and agree to these conditions.

2.4. Statistics. Organization may make available through the Organization Sites statistics, including statistics generated and/or calculated by Organization using proprietary calculations and analyses, relating to or arising out of the performance of players during or in connection with tournaments, competitions, or events (collectively, “Organization Statistics”). The Organization Statistics may only be used, displayed, or published for legitimate news reporting or private, non-commercial purposes. By using such Organization Statistics, you agree that: (i) any use, display, or publication of the Organization Statistics shall include a prominent attribution to the applicable Organization Site in connection with such use, display, or publication; (ii) the Organization Statistics may not be used in connection with any sponsorship or commercial identification; (iii) the Organization Statistics may not be used in connection with any gambling activity (including legal gambling activity); (iv) the Organization Statistics may not be used in connection with any fantasy game or other commercial product or service; (v) the Organization Statistics may not be used in connection with any product or service that presents a live, near-live, or other real-time or archived play-by-play account or depiction of any tournament; and (vi) the Organization Statistics may not be used in connection with any website, product, or service that features a database (in any medium or format) of comprehensive, regularly updated statistics from Organization’s tournaments, competitions, or events without Organization’s express prior written consent.

No right, title, or interest in or to the Organization Sites or any content on the Organization Sites is transferred to you, and all rights not expressly granted are reserved by the Organization. Any use of the Organization Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

3. USER CONTENT & COMMUNICATIONS

3.1. Message Features. The Organization Sites may offer opportunities for you to send messages or postings in connection with various features including postings, transmissions, email, online polls, AI-powered chatbot, and forums to communicate with other users (“Message Features”). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name and email address, which shall be collected pursuant to the Privacy Policy. You must use Message Features in a responsible manner and in compliance with these Terms of Use. Messages submitted through the Message Features, including, but not limited to, any data, questions, comments, or suggestions, are, and will be treated as, nonconfidential and non-proprietary. By submitting a Message through the Message Features, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied, or other relationship between you and Organization other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to Organization described in Section 3.2 below.

Organization shall have the right, but not the obligation, in its sole discretion to review, edit, or delete any Message transmitted in any Message Feature that: (i) violates any term of these Terms of Use; or (ii) is otherwise illegal, offensive, or inappropriate. Depending on the nature of the violation, Organization shall have the sole discretion to terminate your access to the Organization Sites. Please be advised that Organization may cooperate with any law enforcement authorities or court order requesting or directing Organization to disclose personal information of anyone who submits a Message that violates the foregoing terms in accordance with the Privacy Policy.

Although Organization may from time-to-time monitor or review Messages submitted in or generated by the Message Features, Organization is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. The display of any Message in any Message Feature does not constitute approval or endorsement by Organization.

3.2. Submissions. By transmitting any message (see Section 3.1 above regarding “Message Features”) or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes, or materials to Organization (collectively, “Submissions”), you are automatically granting Organization a perpetual, royalty-free, non-exclusive, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, or display such Messages and Submissions, in whole or in part, in any form, media, or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of Organization. This means that anything submitted by you through the Organization Sites may be used by Organization for any purpose, now or in the future, without any attribution or payment to, or further authorization by, you. Organization also has the right, but not the obligation, to use your name in connection with the broadcast, print, online, or other use or publication of your Submission.

A. Solicited Submissions. Occasionally, Organization may solicit Submissions from visitors to the Organization Sites, including, but not limited to, information, ideas, artwork, creative materials or input, or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to Organization of the Rights.

B. Unsolicited Submissions. Although we are pleased to hear from you and welcome your comments regarding the Organization Sites and the Organization, unfortunately, the Organization Sites’ policy does not permit it to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts, or materials developed by Organization might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions, and we will not incur any liability as a result of any similarities between your Submissions and future LPGA products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of Organization. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to Organization of all the Rights described above.

By submitting a Submission, you certify that you own or otherwise have the right to post the Submission. You also certify that you are the original author or creator of the Submission, and it has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work. Furthermore, you certify that you have all necessary permissions from anyone identified or depicted in the Submission to agree to these terms, and that Organization or its licensees’ use of the Submission in accordance with these terms will not violate or infringe upon anyone else's rights, including intellectual property, privacy, or publicity rights of any third party.

3.3. Votes, Contests and Sweepstakes. The Organization Sites may offer you opportunities to vote in connection with certain events including, but not limited to, promotional offers, and also to enter contests and sweepstakes. By casting a vote, accepting promotional offers, or entering contests or sweepstakes, you agree to all additional terms and conditions set forth on the Organization Sites applicable to the offers, contest, or sweepstakes, as well as to the terms set forth in these Terms of Use.

4. GENERAL USE OF THE ORGANIZATION SITES

4.1. Compliance with Laws / Regulations. You are required to comply with all applicable laws and regulations in connection with your use of the Organization Sites and all aspects therein and thereof, and such further limitations as may be set forth in any written, on-screen notice or other notice from us. By using the Organization Sites, you represent and warrant that you will not use the Organization Sites for any purpose that is either unlawful or prohibited by these Terms of Use. We reserve the right to disclose any information about you or your use of the Organization Sites in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process, or governmental request.

4.2. Rules of Conduct. Without limiting the foregoing, you are required to comply with the following when using the Organizational Sites.

A. You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Organization Sites that:

i. infringes any third-party intellectual property right (such as copyrights) of others;

ii. reveals trade secrets;

iii. is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity, national origin, religion, sexual preference, orientation, or identity, gender, class, disability, or similar characteristics;

iv. contains false statements or misrepresentations that could damage you, us or a third party;

v. constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;

vi. contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; or

vii. otherwise restricts any person from using the Organization Sites, or, in our sole judgment, exposes us, users, or any other third party to any liability, damages, harm, or detriment of any type.

B. You further agree not to:

i. “stream catch” (download, store, or transmit copies of streamed content);

ii. impersonate any person or entity or otherwise use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Organization Sites, or for purposes of registering for any promotions offered through the Organization Sites;

iii. delete or revise any material or other information of any other user of the Organization Sites;

iv. harvest, collect, or send information about others, including e-mail addresses, without their consent;

v. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Organization Sites to harvest or otherwise collect information from the Organization Sites to be used for any commercial purpose;

vi. allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or

vii. attempt to circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Organization Sites.

C. You further agree not to violate or attempt to violate the security of the Organization Sites, including:

i. accessing data not intended for you or logging into a server or account that you are not authorized to access;

ii. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

iii. using any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Organization Sites or any activity being conducted on the Organization Sites;

Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve violations of the security of the Organization Sites or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4.3. Reliance on Information Posted.

The information presented on or through the Organization Sites is made available solely for 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 Organization Sites, or by anyone who may be informed of any of its contents.

The Organization Sites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Organization, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Organization. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

4.4. Registration.

If you create an account while using the Organization Sites or otherwise opt to register for any portion of the Organization Sites, you agree to: (i) provide true, accurate, and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If Organization has reasonable grounds to suspect that the Registration Data is untrue, inaccurate, or incomplete, Organization shall have the right to suspend or terminate your account and refuse any and all current or future use of the Organization Sites (or any portion thereof). You acknowledge and agree that Organization shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Organization Sites or your account. You further agree that Organization is authorized to verify such Registration Data.

If you opt to register for any portion of the Organization Sites, you may be required to establish an account and provide a username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify Organization of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges, and/or liabilities made through the use of your username and password. In no event will Organization be liable for the unauthorized use or misuse of your username and/or password.

Organization collects and uses your username, password, and other Registration Data in accordance with the Privacy Policy for the Organization Sites.

4.5. Termination of Use.

Organization may change, suspend, or discontinue any aspect of the Organization Sites at any time, including, but not limited to, the availability of any feature, database, or content. Organization may also impose limits on certain features and services or restrict your access to parts or the entirety of the Organization Sites without notice or liability at any time in Organization’s exclusive discretion, without prejudice to any legal or equitable remedies available to Organization, for any reason or purpose, including, but not limited to, conduct that Organization believes violates these Terms of Use or other policies or guidelines posted on the Organization Sites or conduct which Organization believes is harmful to other consumers, to Organization’s business, or to other information providers. Upon any termination of this agreement, you shall immediately discontinue your use of and access to the Organization Sites and destroy all materials obtained from them. Termination of your access to the Organization Sites means the revocation of the limited and temporary license and permission to use the software and other resources of the Organization Site we may be granting to you under these Terms of Use. The provisions of these Terms of Use will survive the termination of your access to the Organization Sites.

5. DMCA NOTICES OF COPYRIGHT INFRINGEMENT

Organization respects the intellectual property rights of others and takes intellectual property concerns seriously. Organization reserves the right to remove any content from the Organization Sites for any reason, including if it infringes the copyright of any person under the laws of the United States. Under the appropriate circumstances, Organization will, and expressly reserves the right to, disable or terminate the accounts of users who are repeat infringers.

Notices of Copyright Infringement. Pursuant to Title 17, United States Code, § 512(c)(2)–(3) if you believe in good faith that your copyrighted work has been used on the Organization Sites in a way that constitutes copyright infringement, please provide our DMCA Agent (with the subject line "DMCA Notice of Infringement") with a written communication containing the information set forth below:

i. Identification of the copyrighted work claimed to have been infringed. Organization asks that if the work is registered, please include the copyright registration number or a copy of the registration certificate; if the work is unregistered, please include a screenshot or detailed description of the work.

ii. Identification of the allegedly infringing material that is requested to be removed and where it is located on the Organization Sites. Organization asks that you provide a hyperlink to the allegedly infringing material on the Organization Sites and describe how the allegedly infringing material infringes your work.

iii. Your name, address and daytime telephone number, and an e-mail address (if available), so that we may contact you if necessary.

iv. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

v. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed.

vi. A statement acknowledging that Organization may provide a copy of the submitted notice of infringement, including any contact information contained therein, to the user who posted the allegedly infringing content.

vii. An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Agent. Claims of copyright infringement that include the requested information should be submitted via postal mail or e-mail to Organization's DMCA Agent as follows:

DMCA Agent

Ladies Professional Golf Association

100 International Golf Drive

Daytona Beach Florida 32124-1092

dmcaagent@LPGA.com

Please be aware that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report with respect to copyright infringement may lead to liability for damages under 17 U.S.C. § 512(f), or similar laws in other countries.

Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement.

Do not submit a notice of infringement unless you are the owner of the copyrighted material that you believe is being infringed, or an agent authorized to act on the owner's behalf.

6. LINKS & THIRD-PARTY CONTENT

6.1. Third-Party Sites. If the Organization Sites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Links to and from the Organization Sites to other sites, maintained by third parties, do not constitute an endorsement by Organization or any affiliate of any third-party site or content. 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. Organization has not reviewed any or all of the sites linked to the Organization Sites and is not responsible for the content of any sites linked to the Organization Sites. If you decide to access any of the third-party websites linked to the Organization Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. By clicking on any such link, you acknowledge that Organization has no control over and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against Organization with respect to such other sites. You should direct any concerns regarding any external link to its site administrator.

6.2. Third-Party Software. We may incorporate third-party services, software, technology, data, or other content, either independently or in connection with various programs, features, or functions available through the Organization Sites. Your use of third-party materials may be subject to terms of use other than these Terms of Use and as may be set forth by third-party providers, as applicable. You agree that Organization assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by Organization.

6.3. LPGA Pro Shop. The LPGA Pro Shop on LPGAProShop.com (the "Store") allows you to order products (the "Merchandise") supplied and managed by an independent merchandise vendor ("Store Vendor"). By placing an order in the Store, you acknowledge that the Store Vendor is exclusively responsible for the fulfilment and shipment of all Merchandise ordered. The Store Vendor can be reached by e-mail HERE or by phone at (386) 888-6838. The terms of use applicable to the Store can be found at https://www.lpgaproshop.com/pages/terms-of-service.

7. DISCLAIMERS OF WARRANTIES

THE ORGANIZATION SITES ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ORGANIZATION DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE ORGANIZATION SITES, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE ORGANIZATION SITES, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES RELATING TO PRIVACY OR SECURITY OF THE ORGANIZATION SITES OR OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. ORGANIZATION DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE ORGANIZATION SITES ARE ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE ORGANIZATION SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT ORGANIZATION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE ORGANIZATION SITES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE ORGANIZATION SITES AT YOUR SOLE RISK.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE ORGANIZATION SITES OR ANY ASPECT OF THE ORGANIZATION SITES (COLLECTVIELY “ORGANIZATION PARTIES”) BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMIATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE ORGANIZATION SITES (OR THE CONTENT, MATERIALS, AND FUNCTIONS PROVIDED AS PART OF THE ORGANIZATION SITES) OR THESE TERMS OF USE. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ORGANIZATION PARTIES’ AGGREGATE LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE ORGANIZATION SITES OR THESE TERMS OF USE, SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE ORGANIZATION SITES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THESE TERMS OF USE.

THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE ORGANIZATION PARTIES’ LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

THE ORGANIZATION PARTIES SHALL BE DEEMED THIRD PARTY BENEFICIARIES FOR PURPOSES OF THIS SECTION 8.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE ORGANIZATION SITES, OR ANY PART THEREOF, MUST BE ASSERTED (PURSUANT TO SECTION 11 BELOW) WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.

9. INDEMNIFICATION.

Upon our request, you agree to indemnify and hold harmless us and each of our present, former and/or future parent companies, subsidiaries, divisions, units, and affiliates, and each of their successors and assigns, as well as the past or present beneficial owners, officers, directors, fiduciaries, agents, licensees, attorneys, representatives, and employees of each of the foregoing from and against all liabilities, claims, investigations, fines, costs and expenses, including reasonable attorneys' fees, made by or due to any third party due to, arising out of, or in connection with (i) your use of the Organization Sites including, but not limited to, use of any Message Feature; and (ii) any breach or alleged breach of these Terms of Use. For purposes of this Section 9, “you” includes you and all authorized or unauthorized users or beneficiaries of the Organization Sites under these or prior Terms of Use. You shall not settle any such claim without the prior written consent of Organization. We reserve the right to defend any such claims and, for clarity, you agree to reimburse us for all liabilities, fines, costs and expenses associated with defending against and resolving any such claims. These obligations will survive the termination of your access to the Organization Sites.

10. UNITED STATES JURISDICTION & GEOGRAPHIC RESTRICTIONS.

The owner of the Organization Sites is based in the State of Florida in the United States. We provide the Organization Sites for use only by persons located in the United States. We do not represent that content or materials presented on the Organization Sites are appropriate (or, in some cases, will be available) for use in other locations. If you access the Organization Sites from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Organization Sites.

11. DISPUTE RESOLUTION.

PLEASE READ SECTION 11 BELOW CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT AS SET FORTH BELOW.

For purposes of this Section 11 references to “Organization,” “we,” and “us” include the Ladies Professional Golf Association and its present, former and/or future parent companies, subsidiaries, divisions, units, and affiliates, and each of their successors and assigns as well as the past or present beneficial owners, officers, directors, fiduciaries, agents, attorneys, representatives, and employees of each of the foregoing. References to “you” and “us” include you and all authorized or unauthorized users or beneficiaries of the Organization Sites under these or prior Terms of Use.

Definition of Dispute. The term “Dispute” means any dispute, claim, or controversy between you and us regarding the Organization Sites or any service thereon, whether based in contract, statute, regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of the Arbitration Agreement Section. “Dispute” is to be given the broadest possible meaning that will be enforced.

Class Action Waiver. ANY PROCEEDINGS TO RESOLVE, ARBITRATE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE ORGANIZATION WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Jury Trial Waiver. To the fullest extent permitted by law, you and Organization waive any right to a jury trial.

Pre-Dispute Resolution Process. Before initiating a proceeding in court, arbitration or small claims court (as permitted below), the party bringing the claim must provide the other party with written notice of the dispute by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail. The written notice (a "Notice of Dispute") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Organization's address for the Notice of Dispute is: Attn: Legal Department, Ladies Professional Golf Association, 100 International Golf Drive, Daytona Beach, Florida 32124-1092. Organization and you will attempt to resolve the Dispute through informal negotiation within sixty (60) days from the date that the Notice of Dispute is received (or a longer period, if agreed to by the parties) (“Pre-Dispute Resolution Process”).

Arbitration Agreement

A. Arbitration. Except as otherwise provided in (B) and (C) below, any Dispute that is not resolved through the Pre-Dispute Resolution Process shall be resolved by confidential binding arbitration. The confidential binding arbitration shall be administered by the American Arbitration Association ("AAA") and heard by a single, neutral arbitrator. Except as modified by these Terms of Use, AAA shall administer the arbitration in accordance with the Consumer Arbitration Rules (the "AAA Rules"). The AAA Rules are available at "www.adr.org/consumer.” If AAA is unable or unwilling to administer the arbitration consistent with the terms of this Agreement, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction in New York, New York to appoint an alternate administrator that will do so. The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The decision of the arbitrator will be in writing and binding and conclusive on Organization and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.

B. Exclusions from Arbitration. Notwithstanding anything to the contrary, the following Disputes shall not be subject to arbitration:

i. Disputes concerning patents, copyrights, moral rights, Trademarks, and trade secrets and claims of piracy or unauthorized use of the Organization Sites or Disputes related to bodily injury;

ii. Any Dispute that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such disputes must remain in small claims court and may not be removed or appealed to a court of general jurisdiction;

iii. Issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Section 11; and

iv. Issues that relate to the arbitrability of any Dispute.

C. Right to Opt Out of Arbitration. If you do not wish to be bound by the binding arbitration, you must notify us in writing within 30 days of the date that you accept these Terms of Use. Your written notification must be mailed to Ladies Professional Golf Association, Attn: Legal Department, 100 International Golf Drive, Daytona Beach Florida 32124-1092, and must include: your full legal name, your email address (if applicable, the email address associated with any registration for the Organization Sites), and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Organization receives your Opt-Out Notice, this Arbitration Agreement Section will be void. The remaining provisions of the Terms of Use will not be affected by your Opt-Out Notice.

D. Location of Arbitration. You or the entity with which you have a Dispute may initiate arbitration in Orange County, Florida.

E. Severability. If any term or clause within this Arbitration Agreement Section is found to be illegal or unenforceable, then that term or clause will be severed from this Arbitration Agreement Section, and the remainder of this Arbitration Agreement Section will be given full force and effect.

F. Continuation. This Arbitration Agreement Section shall continue past the termination of your access to the Organization Sites.

12. GOVERNING LAW AND VENUE.

Except with respect to the arbitration agreement above, these Terms of Use and use of the Organization Sites are governed by the laws of the state of Florida, without regard to Florida’s conflict of laws rules. By using the Organization Sites, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. If the arbitration agreement in Section 11 is ever deemed unenforceable or void, or a Dispute between the parties is not subject to arbitration, or for any action that seeks to enforce or to challenge the enforceability of any provision of the arbitration agreement or these Terms of Use, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Orange County, Florida. You and Organization voluntarily and irrevocably consent and (without waiving service of process) submit to personal jurisdiction and venue of the courts located in Orange County, Florida that have subject matter jurisdiction, waive all objections to venue and any claim that it is not personally subject to such jurisdiction or to seek a change of venue, and agree not to bring any such action or proceeding in any other forum.

13. ADDITIONAL STIPULATIONS.

13.1. Waiver. No waiver by the Organization of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Organization to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

13.2. Severability and Integration. These Terms of Use constitute the entire agreement between you and us and govern your use of the Organization Sites, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use may be modified only by our posting on the Organization Sites changes to the Terms of Use, or by a subsequent writing signed by us.

13.3. No Professional Advice. Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the Organization Sites, and does not constitute legal, tax, accounting, or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Organization Sites, and we will not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including economic loss, injury, illness, or death.

13.4. Miscellaneous. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Organization Sites. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Organization Sites or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

13.5. Notice to California Consumers. Under California Civil Code Section 1789.3, California users of the Organization Sites are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.