PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WORLDGOLFFOUNDATION.ORG (“Site”). The following web site terms and conditions agreement (“Agreement”) governs the use of the Site. Access and use of this Site represents acceptance of this Agreement. In order to access the Site, the User must have access to the World Wide Web and pay any and all associated service fees therewith. This Agreement may be amended by the World Golf Foundation, at its sole discretion, and shall be enforceable immediately after the revised version is posted online; thereafter, continued use of the Site constitutes acceptance of such amendment. If the User does not accept the terms of this Agreement (and any amendments thereto), do not use the Site.

1.) Propriety Rights. The World Golf Foundation owns, solely and exclusively, all rights, title and interest in and to the Site, all content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the World Golf Foundation Site, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Use of the World Golf Foundation Site does not grant to the User ownership or title of, in or to any Site Content or any other part of the World Golf Foundation Site.

2.) User Conduct. While accessing or using the World Golf Foundation Site, the Site Content and the various other features available on the World Golf Foundation Site, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular World Golf Foundation Site, areas or features on the Site. The User agrees that no posting, distributing, transmitting or broadcasting, communication or storing of information or other material on, to or through the Site that: (a.) Is copyrighted, trademarked, or otherwise protected as proprietary material, unless the User is the owner or valid licensee to such materials and has the right to grant the World Golf Foundation such rights and licenses (for avoidance of doubt, it is the User’s responsibility to determine whether such materials are protected and represents that the User will not infringe any intellectual property rights of others or the privacy or publicity rights or others); (b.) Is unlawful, threatening, indecent, obscene, hateful, racially or sexually offense, abusive, defamatory, invasive of privacy or publicity rights, vulgar, profane or otherwise objectionable, or embarrassing to any other person or entity, as the World Golf Foundation may determine in its sole discretion, or is in violation of applicable law; (c.) Constitutes, advocates, sponsors, promotes, or encourages conduct that would constitute criminal offense or incite violence, give rise to civil liability or otherwise violate local, state, national, provincial, or international law; (d.) Contains advertising, promotional material, or perform any commercial solicitation, including, but not limited to, the solicitation of other users to become subscribers of other on-line information services competitive with the World Golf Foundation Site; (e.) Engage in spidering, “screen scraping’, ‘database scraping’, harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the World Golf Foundation Site, including without limitation, any information residing on any server or database connected to the World Golf Foundation Site; (f.) Interfere with, disrupt, translate, decipher, decompile, disassemble, reverse engineer, otherwise attempt to derive the source code for, or adapt in any way the software comprising or in any way making up part of the Site; (g.) Delete, cancel, or amend any and all Site Content or other information of any other user of the Site; and (h.) Impose unreasonable or disproportionately large load on the Site’s infrastructure that would constitute “flooding” servers, which limits or hampers any other use of the Site.

3.) Monitoring. The World Golf Foundation 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 World Golf Foundation Site. The World Golf Foundation is not responsible for any such materials. However, the World Golf Foundation 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 World Golf Foundation’s sole discretion, are objectionable and in violation of this Agreement or applicable law. The World Golf Foundation may also impose limits on certain features or restrict the User’s access to part or all of the World Golf Foundation Site, without notice or penalty, is the World Golf Foundation believes the User is in breach of this Agreement or applicable law, or for any other reason without notice or liability.

4.) Links. The User agree that, without prior express permission of the World Golf Foundation: (a.) if the User includes a link from any other web site to this Site, such link shall open in a new browser window and shall link to the home page of this Site; (b.) the User is not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted to be displayed on any other web site; and (c.) the User may not link from any other web site to this Site in any manner such that any page of the Site is “framed”, surrounded or obfuscated by any third party content, materials or branding. The posting or linking to this Site signifies that the User has read the restrictions described herein and agree to abide by their terms. The World Golf Foundation may, in its sole discretion, insist that any link to the Site be discontinued, and the World Golf Foundation may revoke the User’s right to link to the Site from any other web site at any time upon written notice to the User.

5.) Third Party Web Sites. The Site may contain links to other World Wide Web sites and resources. The links are provided only as a convenience, and the User acknowledges that the World Golf Foundation has no control over such sites and resources. Additionally, the User agrees that the World Golf Foundation bears no responsibility for the availability of such external sites or resources, does not endorse and bears no responsibility or liability for any content, advertising, products, other services, or other materials on or available from such sites or resources.

6.) Disclaimer of Warranty; Limitation of Liability. Use of the Site is at the User’s exclusive risk. The World Golf Foundation , its affiliate, suppliers, employees, agents, third party content providers or licensors warrant that the Site will be uninterrupted or error free; nor is there a warranty for the accuracy, reliability or content of any information, service, or merchandise provided through the Site. This Site is provided on an “as-is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties, other than those warranties which are implied by or incapable of exclusion, restriction or modification under the laws applicable to this Agreement. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether fro breach of contract, tortuous behavior, negligence, or under any other cause of action. User acknowledges that the World Golf Foundation is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests solely with the User. In no event with the World Golf Foundation or any person or entity involved in creating, producing or distributing this Site be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use or of inability to use this Site. User acknowledges that the provisions of this section shall apply to the Site Content. In addition to the terms set forth above, the World Golf Foundation or its affiliates or content partners shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or unseemliness or unauthenticity of, the Site Content or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

7.) Trademarks. The trademarks, logos, service marks and trade names that may be displayed on the Site or Site Content are registered and unregistered trademarks of the World Golf Foundation and other persons (collectively, the “Trademarks”), and may not be used unless authorized by the Trademark owner. Noting contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this Site without the World Golf Foundation’s written permission or that of the third party rights holder.

8.) Indemnification. The User agrees to defend, indemnify and hold the World Golf Foundation and its directors, officers, employees and agents harmless from any and all claims and expenses, including attorneys’ fees, arising out of the use of this Site by the User.

9.) Jurisdiction. This Site is operated in the United States of America. The World Golf Foundation makes no representation or warranty that the Site Content presented on the Site are appropriate or available for use in locations outside of the United States. If the User accesses the Site outside of the United States, it is done at the User’s own will and is responsible for complying with all applicable local laws and rues.

This Agreement and any and all disputes related thereto shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to its conflict of laws. The User expressly consents and agrees to submit to the exclusive jurisdiction and venue of the United States District Court for the Middle District of Florida or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Florida located in St. Johns County. Such consent evidences that user’s waiver of any argument regarding venue or inconvenience, or that any other court does, or would, have jurisdiction over any and all disputes related to this Agreement.

10.) Termination. The World Golf Foundation may terminate, change, suspend or discontinue any aspect of the Site at any time. The World Golf Foundation may restrict, suspend or terminate the User’s access to the Site, to any Site Content and/or its services if it is believed that the User is in breach of these Terms and Conditions of Use or applicable law, or for any other reason without notice or liability. Termination of access to the Site means the revocation of the limited and temporary license and permission to use the Site and resources of the Site under this Agreement. The provisions of this Agreement shall survive the termination of the User’s access to the Site and of this Agreement.

11.) Miscellaneous. This Agreement and any operating rules for this Site constitute the entire Agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to subject matter. The section headings used herein are for convenience only and shall not be given any legal import.

12.) Copyright. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), the World Golf Foundation has designated an agent to received copyright infringement notices related to the Site. All copyright infringement notices must be submitted to the World Golf Foundation’s designated agent, in a manner consistent with the DMCA. The designated agent’s contact information is:

World Golf Foundation
Attn: John Sapora, Sr. Director, Legal and Business Affairs
One World Golf Place
St. Augustine, FL 32092