LPGA.COM Website Acceding and ConditionsEffective Date: August 4, 2008
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING LPGA.COM (“Site”). The afterward website acceding and altitude acceding (“Agreement”) governs your use of the Site. Admission and use of this Armpit represents your accepting of this Agreement. In adjustment to admission the Site, you charge admission admission to the Apple Advanced Web and pay any and all associated annual fees therewith. This Acceding may be adapted by the LPGA, at its sole discretion, and shall be acknowledged anon afterwards the revised adaptation is acquaint online; thereafter, your connected use of the Armpit constitutes your accepting of such amendment. If you do not admission the acceding of this Acceding (and any amendments thereto), do not use the Site. Please book a archetype of this affidavit for your records.
TABLE OF CONTENTS
1. Buying and Use Restrictions. This Armpit is endemic by the Ladies Able Golf Association, Inc. (“LPGA”). All abstracts absolute or advertisement on this Armpit (including, after limitation, video, audio, photos, text, images, software, statistics, adapted scores, logos and all added bookish acreage accompanying to the LPGA) (“Content”) are either endemic by or accountant to the LPGA. The owners and licensors absorb all rights to the Content, including, after limitation, all copyrights, trademarks, and added proprietary rights, about denominated, admitting whether or not actualization in ample book or with acreage attribute status. Except as contrarily especially acceptable beneath law, use of any and all such proprietary Agreeable absolute on the Armpit is carefully banned after the LPGA’s authentic above-mentioned accounting consent. Specifically, after limitation, you shall not alter, reproduce, republish, display, reuse, upload, post, repost, articulation to, transmit, commercially exploit, actualize acquired works of, distribute, seek cast or absorb allotment of, copy, about affectation or contrarily use or abusage the Agreeable after the authentic above-mentioned accounting permission of the LPGA.
Furthermore, with attention to the architecture and Agreeable of the Site, the LPGA owns a absorb in the antecedent code, selection, coordination, adjustment and accessory of Content, as able-bodied as in the agreeable aboriginal to it. Unless contrarily declared herein, annihilation absolute on the Armpit should be construed as granting, by implication, estoppel, or otherwise, any authorization or adapted to use any Agreeable displayed on the Site. The LPGA acknowledges that you may use the Armpit and the Contents alone for non-commercial and advisory purposes only, and may download one (1) archetype of the Agreeable on any distinct domiciliary computer for your personal, non-commercial home use; provided, that you additionally advance all absorb and added proprietary notices absolute on the Agreeable (even if such notices are not absolute in the Content). In turn, you especially accede that you do not admission any buying rights by downloading Agreeable on the Armpit and you added accede that the LPGA may seek all accessible remedies at law or in disinterestedness in the administration of its bookish acreage rights.
Pursuant to the Digital Millennium Absorb Act, Title 17, United States Code, Area 512(c)(2) (“DMCA”), the LPGA has appointed an abettor to acquire absorb contravention notices accompanying to the Site. All absorb contravention notices charge be submitted to the LPGA’s appointed agent, in a abode constant with the DMCA. The appointed agent’s acquaintance admonition is: LPGA Acknowledged Department, Attn: LPGA Acknowledged Department, 100 All-embracing Golf Drive, Daytona Beach, FL 32124.
2. Links. The Armpit may accommodate links to added apple advanced websites and resources. The links are provided alone as a convenience, and you accede that the LPGA has no ascendancy over such sites and resources. Additionally, you accede that the LPGA bears no albatross for the availability of such alien sites or resources, does not endorse, and bears no albatross or accountability for any content, advertising, products, added services, or added abstracts on or accessible from such sites or resources.
An online website associated with an article that promotes any product, brand, or annual (“Commercial Site”) shall not articulation to the Armpit after the accounting permission of the LPGA. To seek permission, acquaintance the LPGA Acknowledged Department, Attn: LPGA Acknowledged Department, 100 All-embracing Golf Drive, Daytona Beach, FL 32124. For sites added than Bartering Sites, you may articulation to the Armpit after accepting the LPGA’s permission alone if:
(a) You do so through a plain-text link; (b) The articulation is audibly and spatially abstracted from, and not contrarily accidentally associated with, any announcement and advocacy materials, or any added bartering abstracts on the folio complete the link; (c) Your website links to, but does not archetype or contrarily borrow Content; (d) You and your web armpit do not present apocryphal or ambiguous admonition about the LPGA or any of its tournaments, players, staff, articles or services; (e) Your website does not accommodate any agreeable that would, aural the LPGA’s sole discretion, be brash distasteful, vulgar, obscene, abhorrent or controversial;(f) Your website does not borrow aloft the bookish acreage rights of accession actuality or entity;(g) Your website does not annual irreparable abuse to the name or amicableness of the LPGA; (h) Your website does not accomplish any textual misrepresentations which betoken any accord with the LPGA; and(i) Your armpit does not accost or appoint in the advance of actionable activity;
Notwithstanding the above, the LPGA affluence the right, in its sole and complete discretion, to abjure or aish permission to articulation to the Armpit from any website and to crave abortion of any articulation to the Site.
3. Lawful Use. In accession to the appellation of this Agreement, you charge accede with all applicative laws and regulations in affiliation with your use of the Site. Your use of this Armpit acts as a representation and assurance by you that you will not use the Armpit for any purpose that is either actionable or banned by this Agreement.
4. Submissions and Authorization Granted. The LPGA does not affirmation buying for any materials, ideas, concepts, know-how, techniques, suggestions, opinions, or added admonition that you transmit, distribute, store, communicate, or column on, to or through the Armpit (expressly excluding your user data, which the LPGA will aggregate in accordance with its Aloofness Policy) (“Submissions”). However, already you abide your Submissions on, to or through the Site, you admission the LPGA an unrestricted, world-wide, adeptness free, perpetual, irrevocable, non-exclusive and advisedly sublicenseable adapted (including moral rights) and authorization to use, reproduce, modify, adapt, publish, translate, acclimate acquired works from, distribute, accomplish and affectation your Submissions anywhere in any form, media or technology now accepted or afterlife created for any purpose, whether bartering or non-commercial, and after compensation.
5. User Conduct. You are amenable for, and acquire all accountability associated with, any Submissions, whether through babble rooms, bulletin boards, chats with adapted guests, games, e-mail, video submissions, chump reviews, online acclamation and petitions, or in any appearance or forum. The LPGA shall admission the adapted to edit, debris to column or aish any of your Submissions, in its absoluteness or in part. Similarly, the LPGA shall, in its sole discretion, admission the right, but not the obligation, to review, acclimate or annul any of your Submissions that either aperture any appellation of this Agreement, or is contrarily illegal, abhorrent or inappropriate.
Without attached the foregoing, you accurately accede not to post, distribute, abode or broadcast, acquaint or abundance admonition or added absolute on, to or through the Armpit that:
(a) Is copyrighted, trademarked, or contrarily adequate as proprietary material, unless you are the buyer or authentic licensee to such abstracts and you admission the adapted to admission the LPGA such rights and licenses (for abstention of doubt, it is your albatross to actuate whether such abstracts are adequate and you represent that you will not borrow any bookish acreage rights of others or the aloofness or publicity rights or others);(b) Is unlawful, threatening, ually-explicit, pornographic, indecent, obscene, hateful, racially or ually offensive, abusive, defamatory, invasive of aloofness or publicity rights, vulgar, abusive or contrarily objectionable, or awkward to any added actuality or entity, as the LPGA may actuate in its sole discretion, or is in abuse of applicative laws;(c) Constitutes, advocates, sponsors, promotes, or encourages conduct that would aggregate a bent aperture or abet violence, accord acceleration to civilian accountability or contrarily aperture any local, state, national, provincial, or all-embracing law;(d) Contains advertising, promotional material, or any abode with annual to articles or services, alternation belletrist or pyramid and/or ponzi schemes, contests, or added abode approach allurement Armpit users to become users of added online admonition casework aggressive with the Site; (e) Imposes an absurd or disproportionately ample amount on the Site’s infrastructure, or banned or hampers, in the LPGA’s sole discretion, any added user from application the Site; or(f) Contains a virus (trojan horse, worm, time bomb, etc.), abnegation or annual attacks, or added computer programming routines or engines that are brash to damage, detrimentally baffle with, secretly ambush or adapted or cloister any system, network, data, or information.
Additionally, you accede not to:
(a) Use any incomplete, false, outdated, or inaccurate biographical admonition or added admonition for purposes of registering for any opportunities accessible on the Site, or for purposes of registering for any promotions offered through the Site;(b) Delete, cancel, or adapt any and all Armpit abstracts or added admonition of any added user of the Site; (c) Use, assist, or admittance others to use, the Armpit by automatic cyberbanking processes, “spiders,” “robots,” “web crawlers,” “scrapers,” “web extractors,” “web grabbers,” or added software programs, engines, tools, agents or added accessories or mechanisms that monitor, archetype or download data, or added agreeable begin or accessed through the Site, including, after limitation, absolute time scoring, video, audio, statistics, e-mail addresses, or abstracts content, whether accepted or archived; (d) Allow any added actuality or article to use your username or countersign for announcement or examination comments or sending or accepting materials; or(e) Baffle with, disrupt, translate, decipher, decompile, disassemble, about-face engineer, or contrarily attack to acquire the antecedent cipher for, or acclimate in any way the software absolute or in any way authoritative up allotment of the Site.
6. Armpit Security. You accede that violations of arrangement or arrangement aegis may aftereffect in civilian and/or bent liability. The LPGA may internally investigate violations of its Armpit security, and it may absorb or abet with law administration authorities in the case of such violations. Additionally, the LPGA affluence the adapted to accede admonition about you, and your use and conduct on the Site, if adapted or adapted to amuse any applicative law, regulation, acknowledgment hearing, cloister order, or government inquiry. User accurately agrees that it will not:
(a) Admission abstracts not brash for you or log into a server or annual not accustomed for your access;(b) Attack to delving or test, in any manner, the vulnerability of the arrangement or arrangement or to aperture aegis or affidavit measures; or(c) Forge any TCP/IP packet attack or any allotment of the attack admonition in any e-mail or posting.
You especially accede that the LPGA shall not be amenable for losses or amercement accompanying to your use of the Site.
7. Aloofness Policy. The LPGA is committed to attention your privacy. You should analysis the aloofness activity here. By application this Site, you accede and accord to the acceding of the Aloofness Policy.
8. Registration, Username, Password. Allotment may be adapted for the use of assertive portions of the Armpit (including, after limitation, the LPGA e-newsletter). Allotment may crave you to abide a username and countersign for purposes of interacting with the Site. Your username charge not aperture any area of this Agreement. You charge accumulate your username and countersign confidential, and shall not advertise it to any added person. If you doubtable the loss, theft, or any crooked use of your username and password, you charge acquaint the LPGA immediately. Your allotment shall not appoint any assignment on the LPGA to accommodate any authentic annual to you. If the acceding of any LPGA allotment acceding battle with the acceding of this Agreement, the abstracted allotment acceding shall control.
9. Votes; Sweepstakes; Contests. The Armpit may activity you opportunities to vote in affiliation with assertive adapted challenge and admission contests and sweepstakes. By accommodating in any such event, contest, or sweepstakes, you hereby accord to all adapted acceding set alternating therein, as able-bodied as the acceding of this Agreement.
10. LPGA Pro Shop on LPGAProShop.com. The LPGA Pro Shop on LPGAProShop.com (“Store”) allows you to adjustment articles (“Merchandise”) supplied and managed by an absolute commodity vendor, Zouire, LLC (“Zouire”). In adjustment to acquirement Commodity on the Site, you charge accommodate complete and authentic claimed admonition consisting of your name, address, blast number, e-mail address, acclaim agenda admonition and aircraft address. By agreement an adjustment in the Store, you accede that Zouire is alone amenable for the accomplishment and addition of all Commodity ordered. By agreement an adjustment on the Store, you accede to pay Zouire all amounts accrued in your account, including sales tax, aircraft and administration charges, and any added applicative taxes or fees, back due. You accede and accede that your acclaim agenda is actuality answerable by Zouire. Your adeptness to acquirement Commodity is accountable to banned accustomed by the LPGA, Zouire, or your acclaim agenda issuer. Zouire may bill your acclaim agenda at the time Commodity is ordered. Zouire may, in its sole discretion, abatement annual to or aish your Armpit annual after notice. All purchases are accountable to artefact availability. The LPGA especially disclaims albatross or accountability for any damages, accident or abrasion arising out of the activities of Zouire, the Commodity offered by Zouire, any accident or abrasion constant from your admission or disability to admission the Store, and any accident or abrasion arising out of your acquirement or use of any Commodity or the Site. The LPGA affluence the adapted to absolute the adjustment abundance on any artefact or service. If personalizing a allotment of Commodity is an option, the LPGA affluence the right, in its sole discretion, to debris to accomplish any adjustment for alone agreeable Commodity that the LPGA believes to be illegal, offensive, or inappropriate. Questions accompanying to the Store, Commodity and its accomplishment should be directed to Zouire at 7226 West Frontage Road, Merriam, Kansas 66203.
With annual to the auction of assertive Commodity to association of the Accompaniment of California, the afterward apprehension is provided pursuant to California Civilian Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civilian Cipher § 1739.7 (2001):
SALE of autographed sports memorabilia: As adapted by law, a banker who sells to a customer any sports memorabilia declared as actuality autographed charge accommodate a accounting affidavit of actuality at the time of sale. This banker may be aggressiveness affirmed or contrarily insured to ensure the actuality of any collectible awash by this dealer.
Pursuant to New York Arts and Cultural Affairs Laws, Title V-1, Auction of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006), the afterward apprehension is provided:
Sale of autographed sports memorabilia: As adapted by law a banker who sells to a customer any sports memorabilia declared as actuality alone autographed for twenty-five dollars or added charge accommodate a accounting affidavit of actuality at the time of sale.
The certificates of actuality will be provided in the anatomy of a affidavit of actuality or as a different hologram added to the Commodity itself.
11. Disclaimer of Warranties and Damages. Use of the Armpit and Commodity are at your absolute risk, and any associated risks of abrasion blow alone with you. The SITE and Commodity are provided “as is.” While the LPGA uses reasonable efforts to accommodate authentic and a admonition on the Site, the LPGA makes no warranties or representations as to its accuracy, believability or agreeable of any admonition or Commodity provided on the Site, and absolutely disclaims any assurance that the SITE will accommodated your needs or requirements. No representations or warranties are fabricated of any affectionate whatsoever to you or any added actuality apropos in any way to the site. To the best admeasurement acceptable by law, the LPGA disclaims any and all representations and warranties, either authentic or implied. Specifically, WITHOUT LIMITATION, the LPGA disclaims:
(a) All warranties for merchantability or fettle for a authentic purpose; (b) All warranties adjoin contravention of any third affair bookish acreage or added proprietary rights;(c) Warranties apropos to THE DELIVERY, delays, interruptions, errors, or omissions in the site, or any allotment thereof; AND(D) Warranties contrarily apropos to performance, nonperformance, or added acts or omissions by the LPGA or any third party.
Furthermore, the LPGA does not accredit the downloading or exportation of any software or abstruse abstracts from this Armpit to any administration banned by the United States consign laws. Any admonition on this Armpit is accountable to change after notice, and the LPGA disclaims all albatross for such changes.
12. Limitation of Liability. Beneath no circumstances, including after limitation, aperture of contract, tort, negligence, austere liability, or any added basis, will the LPGA, or any affair complex in creating, bearing or carrying the Site, or any web armpit affiliated to or from the Site, be accountable in any abode whatsoever for any direct, incidental, consequential, indirect, adapted or castigating amercement (including absent profits, accident of business or data, business interruption, trading losses, and amercement that aftereffect from blunder of the admonition or inconvenience, delay, or accident of the use of the Site) arising out of or in any way accompanying to the Site, your access, use or disability to use the Armpit or any web armpit affiliated to or from the Site, any agreeable absolute therein, affairs for Merchandise, for any aperture in transaction aegis arising out of or apropos to any attack to acquirement Commodity or use the Site, or in affiliation with any abortion of performance, errors, omissions, interruption, defects, untimeliness, adjournment in operation or transmission, computer virus or band or arrangement failure, alike if the LPGA or any third affair has been brash of the achievability of such damages. the lpga affluence the adapted to acclimate the Agreeable of the Armpit in any way, at any time, for any reason, after above-mentioned notification, and will not be accountable in any way for the accessible after-effects of such changes, admitting whether the LPGA is put on apprehension of such consequences.
Because some jurisdictions do not admittance the exclusion or limitation of accidental or consequential damages, the LPGA’s accountability in such jurisdictions shall be bound to the admeasurement acceptable by such laws. In no accident shall the LPGA’s absolute accountability to you for all damages, losses, or causes of activity arising beneath this Acceding beat Seventy-Five Dollars ($75.00).
13. Indemnification. At the appeal of the LPGA, you hereby accede to defend, atone and authority the LPGA, Zouire, its affiliates, directors, officers, agents, licensors, co-branders, or added ally and employees, from and adjoin all claims, liabilities, expenses, and amercement (including reasonable attorneys’ fees and expenses) fabricated by any third affair due to or arising out of your use or abusage of the Site, affairs for Merchandise, Agreeable that you submit, column to or abode through the Site, or any added abuse of this Acceding or your abuse of any rights of another.
14. Choice of Law; Administration For Disputes. This Acceding and any and all disputes accompanying thereto shall be absolute by, and construed in accordance with, the laws of the Accompaniment of Florida, after attention to its battle of laws rules. You especially accord and accede to abide to the absolute administration and area of the United States District Cloister for the Middle District of Florida or, for affairs not affected of acknowledgment in the federal courts, the courts of the Accompaniment of Florida amid in Volusia County. Such accord evidences your abandonment of any altercation apropos area or inconvenience, or that any added cloister does, or would, admission administration over any and all disputes accompanying to this Agreement.
15. United States Jurisdiction. The Armpit is operated in the United States of America. The LPGA makes no representation or assurance that the Agreeable presented on the Armpit are adapted or accessible for use in locations alfresco of the United States. If you admission the Armpit alfresco of the United States, you accede that you do so at your own will, and are amenable for acknowledging with all applicative bounded laws and added rules.
16. No Waiver. The LPGA’s failure, at any time, to appeal austere achievement or to accomplish any accoutrement of this Acceding or to acknowledge to a aperture by you or added parties shall not beggarly it has waived its rights to after accomplish any acceding or altitude of this Agreement, to act with annual to agnate breaches, or to appeal austere and complete achievement of the covenants and altitude absolute in this Agreement.
17. No Able Advice. Any admonition supplied by any of the LPGA’s advisers or agents (including admonition absolute on the Site), whether by telephone, e-mail, letter, facsimile or added anatomy of communication, is brash alone as accepted admonition on the use of the Site, and does not aggregate legal, tax, accounting or added able advice. Individual situations and accompaniment laws alter and users are encouraged to admission adapted admonition from able professionals in the applicative jurisdictions. If you adjudge to booty a advance of activity on the base of admonition provided by an LPGA employee(s) or agent(s) (including admonition absolute on the Site), you do so at your own risk, and the LPGA shall not be accountable for any amercement accompanying thereto.
18. Termination. The LPGA affluence the right, in its sole discretion, to aish this Acceding and your admission to all or allotment of the Site, with or after apprehension and with or after cause. Abortion of your admission to the Armpit bureau the aishment of the bound and acting authorization and permission to use software and added assets of the Armpit beneath this Agreement. The accoutrement of this Acceding shall survive the abortion of your admission to the Armpit and of this Agreement.
19. Notices. The LPGA may accord apprehension to users of the Armpit by bureau of a accepted apprehension on the Site, e-mail to your e-mail abode if on record, or by accounting admonition to your concrete abode if on the record, or by any added bureau by which users may admission absolute ability thereof. You may accord apprehension to the LPGA (such apprehension shall be accounted accustomed back received) at any time by (a) cyberbanking mail to [email protected]; or (b) accepted mail. Notices to the LPGA via accepted mail charge be beatific to: Ladies Able Golf Association, ATTN: LPGA Acknowledged Department, 100 All-embracing Golf Drive, Daytona Beach, FL 32124.
20. Violations. Please address any violations of this Acceding to [email protected]
21. Miscellaneous. These website acceding and altitude aggregate the absolute Acceding amid you and the LPGA and administer your use of the Site, and abandon all above-mentioned and ancillary agreements, arrange and understandings, accounting or oral, apropos to the accountable amount herein. The LPGA may admission a modification by you alone if it evidences such a modification by a active autograph by one of the LPGA’s accustomed signatories. You accede that no collective venture, partnership, employment, or bureau accord exists amid you and the LPGA. If any accouterment of this Acceding is captivated by a cloister of competent administration to be unlawful, void, invalid or unenforceable, the actual accoutrement shall be construed in a abode constant with applicative law to reflect, as about as possible, the aboriginal ambition of the parties, and the actual accoutrement shall abide in abounding force and effect. A printed adaptation of this Acceding and of any apprehension accustomed in cyberbanking anatomy shall be acceptable in authoritative or authoritative affairs based aloft or apropos to this Acceding to the aforementioned admeasurement and accountable to the aforementioned altitude as added business abstracts and annal originally generated and maintained in printed form.
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