Terms of Service

1. DEFINITIONS.

"PGATOUR.COM" is the interactive on-line service operated by PGATOUR.COM, LLC on the Internet, consisting of information services and content provided by PGATOUR.COM, LLC, PGA TOUR, Inc. and their affiliates ( the "PGA TOUR Parties") and other third parties through the website located at www.pgatour.com, various device applications (e.g., PGA TOUR iPhone app, Android app) and other services and platforms from time to time. “You” means each person who establishes a connection to PGATOUR.COM for access to and use of PGATOUR.COM. Any use of PGATOUR.COM in connection with your employment or on behalf of any other party constitutes a representation and warranty that you have the authority to bind your employer or such other party to these Terms of Use.

2. GENERAL.

(A) PGATOUR.COM, LLC encourages parents and guardians to spend time with their children online and to be fully familiar with the sites visited by the children in their care, including PGATOUR.COM. PGATOUR.COM is not intended for use by people under the age of thirteen (13). Our policy is to not knowingly collect personal information from people under the age of thirteen (13), so if you believe that such personal data has been provided to us without parental or guardian consent, please contact us at support@pgatourfeedback.zendesk.com. We will work to have such personal information deleted from our systems. Subscribers under the age of eighteen (18) should not participate in contests or sweepstakes or other promotional opportunities on PGATOUR.COM, nor should they post information to PGATOUR.COM without a parent or guardian’s consent.

(B) These Terms of Use set forth the terms and conditions that apply to your use of PGATOUR.COM. By using PGATOUR.COM (other than to read these Terms of Use for the first time), you agree to comply with all of the terms and conditions hereof. The right to use PGATOUR.COM is personal to you and is not transferable to any other person or entity. You are responsible for all of your use (under any screen name or password) and for ensuring that all of your use complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your password(s), if any.

(C) PGATOUR.COM, LLC shall have the right at any time to change or discontinue any aspect or feature of PGATOUR.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(D) These Terms of Use do not necessarily reflect the terms that govern other sites that are operated by the PGA TOUR Parties or the practices of parties other than the PGA TOUR Parties who operate sites that may be linked to or from PGATOUR.COM, such as www.shop.pgatour.com and TPC.com.

3. CHANGED TERMS.

PGATOUR.COM, LLC shall have the right at any time to change or modify these Terms of Use or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes or modifications shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PGATOUR.COM, or by electronic or conventional mail, or by any other means by which PGATOUR.COM may publicize notice thereof. Your use of PGATOUR.COM after such notice shall be deemed to constitute your acceptance of such changes or modifications.

4. EQUIPMENT; CHARGES.

You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of PGATOUR.COM and all charges related thereto. Any subscription or other fees charged by PGATOUR.COM, LLC for use of PGATOUR.COM or for any upgrades or subscription features offered in PGATOUR.COM are stated in the application or the order path for, as applicable, the application, upgrade or subscription feature. Please note that, in addition, depending on your Internet access provider, using or downloading PGATOUR.COM or its upgrades or features may cause you to incur data or other charges from your provider. These Terms of Use will govern any upgrades to PGATOUR.COM provided by the PGATOUR.COM, LLC unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.

5. REGISTRATION OBLIGATIONS.

If you register with PGATOUR.COM, you agree to provide true, accurate, current and complete information about yourself. PGATOUR.COM, LLC has the right to suspend or terminate access and refuse any and all current or future use of PGATOUR.com (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if PGATOUR.COM, LLC reasonably suspects that you have provided untrue, inaccurate, or incomplete information.

6. SMS SUBSCRIPTIONS.

By subscribing to PGATOUR.COM mobile alerts, you certify that you are over 18 years of age or have parental consent, are the account holder or have the account holder's permission, and agree to receive ongoing SMS messages from PGA TOUR Parties. 10 messages are typically delivered per alert type per week based on specific subscription preferences. Service is available on select carriers. In addition to any entry, submission, donation or other fee of which you are notified, your carrier's standard message and data rates may apply. PGA TOUR Parties will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. SMS messages are provided on an as is basis. Data obtained from you in connection with SMS service may include your cell phone number, carrier's name, and date, time and content of message. Such information may be used by PGA TOUR Parties to contact you and to provide services you request. You can cancel your alert subscription at any time by texting STOP to 53146. For more information text HELP to 53146 or call 877-571-0774.

7. CONDUCT.

(A) PGATOUR.COM is intended for your personal, noncommercial use only. You shall not use PGATOUR.COM or any of its data or other content for any commercial or business-related purpose, unless expressly licensed by PGATOUR.COM, LLC.

(B) You shall use PGATOUR.COM for lawful purposes only. You shall not post or transmit through PGATOUR.COM any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without PGATOUR.COM, LLC's express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in PGATOUR.COM, LLC's discretion restricts or inhibits any other individual from using or enjoying PGATOUR.COM will not be permitted. You shall not use PGATOUR.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other on-line information services competitive with PGATOUR.COM.

(C) You shall not use or permit or facilitate others to use PGATOUR.COM by automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy or download data or other content found on or accessed through PGATOUR.COM, including without limitation real time scoring, statistics, video, audio, polling or any other data or content (whether current or archival).

(D) You may use real time scoring, statistics and other data (whether current or archival) collected from PGATOUR.COM solely for legitimate news reporting and for personal, non-commercial purposes. You shall not use real time scoring, statistics or other data (whether current or archival) collected from PGATOUR.COM for sale, license or other commercial purposes (including without limitation commercial gambling purposes), unless expressly licensed by the applicable PGA TOUR Party.

(E) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way PGATOUR.COM or servers or networks connected to PGATOUR.COM, or disobey any requirements, procedures, policies or regulations of networks connected to PGATOUR.COM.

(F) Any gaming features that we make available, including fantasy and fan polling features, are provided exclusively for entertainment purposes.

(G) You shall not create a frame, browser or border around any of the content of PGATOUR.COM or link to PGATOUR.COM without PGATOUR.COM, LLC’s prior express written permission (except that you may use a plain text-only link to the home page of PGATOUR.COM, which link does not in any way imply a sponsorship or affiliation with PGATOUR.COM, PGA TOUR or a PGA TOUR Party.

(H) PGATOUR.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of PGATOUR.COM are copyrighted as a collective work under United States copyright laws. PGA TOUR, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or exploitation of downloaded material will be permitted without the express permission of PGA TOUR, Inc. and the copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

(I) You shall not upload, post or otherwise make available on PGATOUR.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PGATOUR.COM, you automatically grant, or warrant that the owner of such material has expressly granted, the PGA TOUR Parties the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant the PGA TOUR Parties the right to edit, copy, publish and distribute any material you make available on PGATOUR.COM. The foregoing provisions of Section 7 are for the benefit of PGA TOUR Parties and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

(A) YOU AGREE THAT USE OF PGATOUR.COM IS AT YOUR SOLE RISK. NEITHER THE PGA TOUR PARTIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PGATOUR.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PGATOUR.COM, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PGATOUR.COM. PGATOUR.COM IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

(B) NEITHER THE PGA TOUR PARTIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PGATOUR.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PGATOUR.COM.

(C) YOU AGREE THAT NEITHER THE PGA TOUR PARTIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

9. MONITORING.

PGATOUR.COM, LLC shall have the right, but not the obligation, to monitor the content of PGATOUR.COM, including chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by PGATOUR.COM, LLC and to satisfy any law, regulation or authorized government request. PGATOUR.COM, LLC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PGATOUR.com. Without limiting the foregoing, PGATOUR.COM, LLC shall have the right to remove any material that PGATOUR.COM, LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless the PGA TOUR Parties and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of PGATOUR.COM by you or any third party.

11. TERMINATION.

Either PGATOUR.COM, LLC or you may terminate your access to and/or use of PGATOUR.COM at any time. Without limiting the foregoing, PGATOUR.COM, LLC shall have the right to immediately terminate your access and/or use of PGATOUR.COM in the event of any conduct by you which PGATOUR.COM, LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 8, 10, 14 and 16 and this Section 11 shall survive termination of these Terms of Use.

12. LICENSED TRADEMARKS AND CONTENT.

PGATOUR.COM, PGA TOUR, TPC, SHOTLINK and the SWINGING GOLFER LOGO are trademarks of PGA TOUR, Inc., used here under license. All data from the ShotLink scoring system is also used under license from PGA TOUR, Inc. All rights are reserved by the respective rights holders. All other trademarks appearing on PGATOUR.COM are the property of their respective owners.

13. THIRD PARTY CONTENT.

PGATOUR.COM is a distributor (and not a publisher) of content supplied by third parties and users. Accordingly, the PGA TOUR Parties have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of PGATOUR.COM, are those of the respective author(s) or distributor(s) and not of the PGA TOUR Parties. Neither the PGA TOUR Parties nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through PGATOUR.COM represents the opinions and judgments of the respective information provider, you, or other user not under contract with a PGA TOUR Party. Neither the PGA TOUR Parties endorse nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PGATOUR.COM by anyone other than authorized PGA TOUR Party employee spokespersons while acting in their official capacities. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through PGATOUR.COM. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. PGATOUR.com may contain links to other third party web sites or resources. The PGA TOUR Parties have no control over such sites and resources, and you acknowledge and agree that the PGA TOUR Parties bear 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, or other materials on or available from such sites or resources, and also bears no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web site or resource.

PGATOUR.COM may operate on or in connection with various products and services provided by various third parties, such as third party handsets (e.g., cell phones and smart phones), tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the foregoing disclaimers and limitations of liability, you acknowledge that the PGA TOUR Parties do not control such third parties or their products or services and that the PGA TOUR Parties shall not be responsible for such third parties or their products or services.

PGATOUR.COM may enable access to the PGA TOUR Parties’ and third party services and web sites. You understand that, by using PGATOUR.COM, you may encounter content that may be deemed offensive, indecent or objectionable, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use PGATOUR.COM at your sole risk and that the PGA TOUR Parties shall not have any liability to you for content that may be found to be offensive, indecent or objectionable

14. PRIVACY POLICY.

Please refer to www.pgatour.com/company/privacy for information on how PGATOUR.COM collects, uses, and discloses your personal information.

15. COPYRIGHTS AND COPYRIGHT AGENT.

The PGA TOUR Parties respects the rights of all copyright holders and, in this regard, PGATOUR.COM, LLC has adopted and implemented a policy that provides for the termination in appropriate circumstances of access and use by users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PGATOUR.COM, LLC's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PGATOUR.COM, LLC to locate the material; (iv) Information reasonably sufficient to permit PGATOUR.COM, LLC to contact the complaining party; (v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact: Copyright Agent, PGATOUR.COM, LLC, audiencesupport@pgatourhq.com. For web posting, reprint, transcript or licensing requests for PGATOUR.COM material, please contact audiencesupport@pgatourhq.com. For any questions or requests other than copyright issues or licensing requests, please contact audiencesupport@pgatourhq.com.

16. ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER; CHOICE OF LAW.

FLORIDA LAW GOVERNS THESE TERMS OF USE AND ANY CONTROVERSY OR CLAIM ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OF USE, OR BREACH THEREOF, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE CLAIMS OR OTHER TORT CLAIMS OF ANY KIND, STATUTORY CLAIMS OF ANY KIND OR ANY OTHER CLAIMS FOR RELIEF UNDER ANY OTHER LEGAL THEORIES, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. SUCH ARBITRATION SHALL BE CONFIDENTIAL AND THE HEARING HELD IN ST. JOHNS COUNTY, FLORIDA. THE PREVAILING PARTY (AS DETERMINED BY THE ARBITRATOR) IN ALL SUCH ARBITRATIONS SHALL BE ENTITLED TO RECOVER ITS COSTS FROM THE OTHER PARTY TO THE FULLEST EXTENT PERMITTED BY LAW. EACH PARTY WAIVES THE RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHTS TO PARTICIPATE IN ANY CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING, WITH RESPECT TO ALL CLAIMS HEREUNDER. NOTWITHSTANDING THE FOREGOING, YOU HEREBY ACKNOWLEDGE THAT IT MAY BE IMPOSSIBLE TO DETERMINE THE AMOUNT OF DAMAGES THAT WOULD RESULT TO THE PGA TOUR PARTIES FROM YOUR BREACH OF THESE TERMS OF USE AND THAT THE REMEDY AT LAW FOR YOUR BREACH, OR THREATENED BREACH, OF THESE TERMS OF USE MAY BE INADEQUATE. ACCORDINGLY, YOU AGREE THAT THE PGA TOUR PARTIES SHALL BE ENTITLED TO SEEK FROM ANY COURT OF COMPETENT JURISDICTION SUCH INJUNCTIVE RELIEF AS MAY BE AVAILABLE TO COMPEL SPECIFIC PERFORMANCE OF, OR RESTRAIN YOU FROM VIOLATION OF, THESE TERMS OF USE. IN CONNECTION WITH ANY ACTION OR PROCEEDING FOR TEMPORARY OR PERMANENT INJUNCTIVE RELIEF, YOU HEREBY AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO HAVE THESE TERMS OF USE SPECIFICALLY ENFORCED AGAINST YOU, WITHOUT THE NECESSITY OF POSTING BOND OR OTHER SECURITY AGAINST YOU.

17. TERMS RELATED TO APPLE.

The following terms shall apply to the extent you use any Apple device (e.g., iPhone, iPad) to access PGATOUR.COM.

You acknowledge that these Terms of Use are between you and PGATOUR.COM, LLC, and not with Apple, and that Apple does not have any responsibility for PGATOUR.COM or the content thereof. You acknowledge that neither the PGA TOUR Parties nor Apple shall have any obligation whatsoever to furnish any maintenance or support services with respect to PGATOUR.COM.

Without limiting the disclaimers and limitations of liability set forth above, to the maximum extent permitted by applicable law, (i) Apple will have no warranty obligations whatsoever with respect to PGATOUR.COM; (ii) Apple is not responsible for addressing any claims relating to the PGATOUR.COM or your possession or use thereof; and (iii) in the event of any third party claim that PGATOUR.COM or your possession or use thereof infringes that third party's intellectual property rights, Apple will not have any responsibility for such claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

18. MISCELLANEOUS.

These Terms of Use and any operating rules for PGATOUR.COM established by PGATOUR.COM, LLC 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 such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. In the event a court of competent jurisdiction finds that any provision of these Terms of Use is invalid, the court should give effect to the parties' intentions as reflected in the provision, and all other provisions of these Terms of Use shall remain in full force and effect. You must file any claim or cause of action arising out of or related to use of PGATOUR.COM or these Terms of Use within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred. All rights not expressly granted to you herein are hereby reserved to the PGA TOUR Parties.