TERMS OF USE & PRIVACY POLICY

Utah Golf Association (“UGA”) operates UGA.org (the “Site”) to provide online access to information about UGA and the products, services and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

UGA reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site

You may use the Service, the Site and the information, writing, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about UGA products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. UGA reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to UGA or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by UGA or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by UGA, for example, in certain password-restricted areas of the Site and in our Frequently Asked Questions.) With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site.

2.1 Images

UGA has included images on certain pages within the Site for news and communication purposes. You may download, reprint and manipulate the images for this purpose, but you may not crop or change the composition of the image, or use the image for commercial purposes.

3. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites

Links on the Site to third-party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship or recommendation by UGA of the third party, the third-party Web site, or the information contained therein. UGA is not responsible for the availability of any such Web sites. UGA is not responsible or liable for any such Web site or the content thereon. If you use the links to the Web sites of UGA affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those Web sites.

5. Linking to the Site

If you would like to link to the Site, you must follow UGA’s link guidelines. Unless specifically authorized by UGA, you may not connect “deep links” to the Site, i.e., create links to this Site that bypass the home page or other parts of the Site unless content has been shared as viral content. You may not mirror or frame the home page or any other pages of this Site on any other Web site or Web page.

6. Downloading Files

UGA cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Software/Application/Content

Any software/application/content available for download via the Site is the copyrighted work of UGA and/or its licensors. Use of such products is governed by the terms of the end user license agreement that accompanies or is included with the download. Downloading, installing and/or using any such products indicates your acceptance of the terms of the end user license agreement.

8. Disclaimer of Warranties

UGA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. UGA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. UGA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. UGA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.

9. Limitation of Liability

IN NO EVENT WILL UGA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE OR THE CONTENT, EVEN IF UGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, UGA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.

10. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless UGA, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages) and reasonable attorneys’ fees, resulting from or arising out of your use, misuse or inability to use the Site, the Service or the Content, or any violation by you of this Agreement.

11. Privacy

See UGA’s Privacy Policy below.

12. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

13. Unsolicited Idea Submission Policy

UGA or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials or new product names. We have found this policy necessary in order to avoid misunderstandings should UGA’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to UGA or anyone at UGA. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, e-mail, letter or other transmission may say, (1) your idea will automatically become the property of UGA, without any compensation to you; (2) UGA will have no obligation to return your idea to you or respond to you in any way; (3) UGA will have no obligation to keep your idea confidential and (4) UGA may use your idea for any purpose whatsoever, including giving your idea to others.

However, UGA does welcome feedback regarding how UGA’s existing businesses can help satisfy customers’ needs. Feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User-Supplied Information section.

14. User-Supplied Information

UGA does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information or data you transmit to us or post to the Site (each “Submission,” or collectively “Submissions”) will be considered non-confidential and non-proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give UGA the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

15. Password Security

If you register to become a UGA.org member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

16. General Provisions

a. Entire Agreement/No Waiver.

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by UGA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies.

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. UGA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. UGA does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/Choice of Law/Choice of Forum.

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, UGA’s Privacy Policy, your use of the Site, any other UGA Web site, the Service or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Utah, without regard to any conflict of laws provisions.

UGA.ORG PRIVACY POLICY

UGA.org adheres to a strict policy for ensuring the privacy of your family’s personally identifiable information. This privacy policy describes how UGA.org will fulfill its commitment to providing you and your children a trustworthy environment on the Internet. It is our hope that this information will increase your confidence in our site and enhance your experience with UGA.org.

COLLECTION AND USE OF INFORMATION

We will not collect personally identifiable information from you or your child, other than what is supplied voluntarily. To participate in some activities, visitors may be asked to provide some personally identifiable information (see below). We will only collect enough information from our visitors to make activities on UGA.org fun and interesting. Except as stated in the following sections, no personally identifiable information is retained in a UGA.org database. We will always explain the extent of its use at the time you are asked to provide personal information. If you do not want this information to be collected or used by us for these purposes, you can simply decide not to participate in that activity. Under certain circumstances, opting out may prevent your participation in activities for which personal information is needed (e.g., contests).

PARENTAL INVOLVEMENT AND CONSENT

Parental involvement in a child’s activities on UGA.org is very important to us. We only collect personal information from children as it pertains to participating in our online activities or programs that the youth have registered. The minimal personal information we collect from children under the age of 13 will only be updated or maintained in password-protected sections of our Web site, and parents may request at any time that this information be removed from online access.

THIRD PARTIES

UGA.org uses personal information collected about its Web site users only in defined and responsible ways. We do not share user information with third parties except when we have informed users about information disclosures, when we have prior consent or when required by law.

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ACCEPTANCE OF TERMS AND CONDITIONS

By using this site, you signify your agreement to the terms and conditions of this Online Privacy Policy. If you do not agree to these terms and conditions, please do not use the site. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this policy at any time. Please check this page periodically for any changes. Your continued use of UGA.org following the posting of any changes to these terms shall mean that you have accepted those changes.