PGA TOUR LIVE - Terms of Use

Updated: July 2015

1. DEFINITIONS.

"PGA TOUR LIVE" is an interactive on-line service operated by PGATOUR.COM, LLC (together with its affiliates, "PGA TOUR") located at PGATOURLIVE.com and various applications and other platforms, consisting of information services and content provided by PGA TOUR and third parties. "You" means each person who establishes a connection to PGA TOUR LIVE for access to and use of PGA TOUR LIVE. Any use of PGA TOUR LIVE in connection with your employment constitutes a representation and warranty that you have the authority to bind your employer to these Terms of Use.

2. GENERAL

(A) PGA TOUR 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 PGA TOUR LIVE. PGA TOUR LIVE is not intended for use by people under the age of thirteen (13). If you are under the age of eighteen (18), you may not subscribe to the Services (as defined below). Further, if you are under the age of eighteen (18), you should not participate in contests or sweepstakes or other promotional opportunities on PGA TOUR LIVE, nor should you post information to PGA TOUR LIVE without a parent or guardian's consent.

(B) These Terms of Use set forth the terms and conditions that apply to your use of PGA TOUR LIVE. By using PGA TOUR LIVE (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use PGA TOUR LIVE 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 this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any.

(C) PGA TOUR shall have the right at any time to change or discontinue any aspect or feature of PGA TOUR LIVE, 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 PGA TOUR or the practices of parties other than PGA TOUR who operate sites that may be linked to or from PGA TOUR LIVE, such as www.shop.pgatour.com and TPC.com.

3. CHANGED TERMS.

PGA TOUR 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 PGA TOUR LIVE, or by electronic or conventional mail, or by any other means by which PGA TOUR may publicize notice thereof. Your use of PGA TOUR LIVE after such notice shall be deemed to constitute your acceptance of such changes or modifications.

4. EQUIPMENT.

You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of PGA TOUR LIVE and all charges related thereto.

5. REGISTRATION OBLIGATIONS.

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

6. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION

(A) General.

Via PGA TOUR LIVE, you may be able to subscribe to audiovisual content and other products and services (collectively, the "Services"). In addition, you may be able to subscribe to the Services from locations other than PGA TOUR LIVE (e.g., including, without limitation, wireless carriers, video download and streaming sites, video game console services, third party websites, etc.) (collectively, "Third Party Sales Locations").

ALL PURCHASES ARE SUBJECT TO AVAILABILITY. THE SERVICES MAY NOT BE AVAILABLE IN CERTAIN COUNTRIES. Scheduled PGA TOUR tournaments may be cancelled or substituted when necessary.

PGA TOUR EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR OF PGA TOUR, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SERVICES, ANY THIRD PARTY SALES LOCATIONS OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES.

The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.

(B) Price Modifications; Merchandise and Services Availability

PGA TOUR reserves the right to modify the price of the Services. PGA TOUR is not responsible for any error in copy or images relating to the Services. Any offer to sell the Services may be discontinued at any time in PGA TOUR's sole discretion.

The Services and any other applicable products offered via PGA TOUR LIVE or Third Party Sales Locations are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

(C) Customer Service.

Should you have any questions about the purchase of Services via PGA TOUR LIVE, please call 1-800-515-9990, or e-mail customerservice@pgatourlive.com.

(D) Purchasing; Price; Payment.

In order to purchase the Services via PGA TOUR LIVE or via Third Party Sales Locations, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit or debit card information and shipping address. The Privacy Policy of PGA TOUR LIVE explains how such information collected via PGA TOUR LIVE may be collected and used by PGA TOUR. With respect to Third Party Sales Locations, the privacy policy of any such Third Party Sales Location applies to the collection and use of your personal information by the operators and/or owners of such Third Party Sales Location. Your ability to purchase the Services via PGA TOUR LIVE is subject to limits established by your card issuer. You must notify PGA TOUR immediately of any change in your credit or debit card information, including any change to your home address. PGA TOUR may bill your credit or debit card at the time the Services are ordered. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. PGA TOUR may in its sole discretion decline service to or terminate any account. Neither PGA TOUR, any vendor, contractor or agent of PGA TOUR nor any operator of any Third Party Sales Location is responsible, and must not be held liable, for any breaches in transaction security by any third party.

By purchasing the Services via PGA TOUR LIVE, you acknowledge and agree that your credit or debit card is being charged by the payment processor of PGA TOUR or its vendor, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "vendor" of PGA TOUR.

By utilizing a credit or debit card for purchase of the Services or any other applicable products offered via PGA TOUR, you authorize PGA TOUR to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s). In the event that PGA TOUR is unable to process charges to your primary credit or debit card on such periodic basis or in such amount, you authorize PGA TOUR to charge an alternative card saved in the Payment Profile (or similar) section of your PGA TOUR LIVE account.

If the account number, expiration date or other information of any credit or debit card account associated with your subscription Service changes, PGA TOUR recommends that you update it as soon as possible. Please also be aware, PGA TOUR may acquire this current information from our financial services partner and update the Payment Profile (or similar ) section of your PGA TOUR LIVE account to include such revised payment information.

(E) Sales Tax.

For certain purchases of the Services made via PGA TOUR LIVE, PGA TOUR is required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from PGA TOUR LIVE are not exempt from sales or use taxes simply because they are made from the Internet or because PGA TOUR is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by PGA TOUR and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by PGA TOUR in connection with a purchase that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.

For Oklahoma purchasers, applicable use tax on purchases made via PGA TOUR LIVE may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.

For South Dakota purchasers, any applicable sales or use taxes on purchases made via PGA TOUR LIVE may be reported and paid on a South Dakota Use Tax Form [Form 1350], available with corresponding instructions on the South Dakota Department of Revenue website, www.state.sd.us/drr.

(F) Billing and Automatic Renewal Policies for Certain Subscription Services.

For certain Services billed on a monthly basis, your subscription will automatically renew monthly during the current PGA TOUR season through and including the final month of the season and annually approximately January 15 each year at the previous PGA TOUR season's regular full monthly price, unless you cancel your Service prior to the beginning of the next applicable billing (and renewal) period. The primary credit or debit card you have stored in the Payment Profile (or similar) section of your PGA TOUR LIVE account will be charged on or about the same date each month of your subscription during any PGA TOUR season and each subsequent year as set forth above. If PGA TOUR is unable to process these charges to your primary credit or debit card, an alternative card stored in the Payment Profile (or similar) section of your PGA TOUR LIVE account may be charged. In the event PGA TOUR discontinues or significantly alters a Service that you have purchased with automatic renewal, PGA TOUR (i) will notify you via the email address provided at purchase, (ii) may provide information about similar or new Services available via PGA TOUR LIVE and (iii) reserves the right to cancel the applicable Service. If you wish to cancel your monthly Service, you may cancel your monthly subscription in its entirety (including the annual automatic renewal of this Service in subsequent years. To elect either of these options and cancel your monthly Service, you may login to your PGA TOUR LIVE account, access the Audio/Video Subscriptions (or similar) section and follow the applicable instructions, or send an e-mail to customerservice@pgatourlive.com. In no event will PGA TOUR provide partial or pro-rated refunds. See below for details.

For Services billed on a yearly basis, your subscription will automatically renew annually approximately January 15 each year at the previous year's regular full yearly price, unless you cancel your Service prior to the beginning of the next applicable billing (and renewal) period. The primary credit or debit card you have stored in the Payment Profile (or similar) section of your PGA TOUR LIVE account will be charged on or about January 15 of each subsequent year as set forth above. If PGA TOUR is unable to process these charges to your primary credit or debit card, an alternative card stored in the Payment Profile (or similar) section of your PGA TOUR LIVE account may be charged. In the event PGA TOUR discontinues or significantly alters a Service that you have purchased with automatic renewal, PGA TOUR (1) will notify you via the email address provided at purchase (2) may provide information about similar or new Services available via PGA TOUR LIVE and (3) reserves the right to cancel the applicable Service. To cancel your yearly Service, you may login to your PGA TOUR LIVE account, access the Audio/Video Subscriptions (or similar) section and follow the applicable instructions, or send an e-mail to customerservice@pgatourlive.com. In no event will PGA TOUR provide partial or pro-rated refunds. See below for details.

UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE BILLING (AND RENEWAL) PERIOD THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING SERVICE, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE SUBSCRIPTION FEE AND ANY TAXES USING ANY CREDIT OR DEBIT CARD SAVED IN THE PAYMENT PROFILE SECTION OF YOUR PGA TOUR LIVE ACCOUNT.

(G) Refund Policies for Certain Subscription Services.

PGA TOUR will refund the purchase price you paid for a subscription Service offered via PGA TOUR LIVE if you make a refund request via PGA TOUR LIVE by accessing the [Audio/Video Subscriptions (or similar) section of your PGA TOUR LIVE account or e-mail customerservice@pgatourlive.com within five (5) days of your initial purchase or within five (5) days of any annual automatic renewal date. In no event will PGA TOUR grant you more than one (1) refund during any given PGA TOUR season or provide partial or pro-rated refunds.

Should you wish to cancel your subscription Service at any time, you may login to your PGA TOUR LIVE account, access the Audio/Video Subscriptions (or similar) section and follow the applicable instructions, or you may e-mail customerservice@pgatourlive.com. If such cancellation request occurs on any date following the fifth (5th) day after your initial purchase or following the fifth (5th) day of any annual automatic renewal date during any subsequent PGA TOUR season of your Service, then your cancellation will be effective as follows:

Yearly Service: Cancellation of each year after (and not including) the year during which you cancel. NOTE: Each year of your subscription concludes on January 15 of each subsequent year.

Annual Automatic Renewal of Yearly Service: If you cancel your yearly subscription Service as set forth immediately above, it will not automatically renew in any subsequent year.

Monthly Service: Cancellation of each month after (and not including) the month during which you cancel. NOTE: the first month of your subscription concludes thirty (30) days after your initial purchase date and each subsequent month thirty (30) days thereafter.

Annual Automatic Renewal of Monthly Service: If you cancel your monthly subscription Service as set forth immediately above, it will not automatically renew annually. Any cancellation request following such an annual automatic renewal of your monthly Service will be handled in a manner consistent with this Agreement.

(H) Notifications and Other Terms and Conditions.

By accepting this Agreement, you agree that PGA TOUR may notify you about changes to prices and/or the Services by sending an e-mail message to your e-mail address on file with PGA TOUR and by publishing such notices from time to time on the informational page(s) of PGA TOUR LIVE applicable to the Services. It is your responsibility to notify PGA TOUR of any change in your e-mail address by logging in to PGA TOUR LIVE and using the online account management tool. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.

Programming, pricing, terms and conditions of the Services are subject to availability and change. The Services and other products offered via PGA TOUR LIVE may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service or other product, the terms and conditions of the applicable Service or other product will govern.

(I) Access to Services; Password Sharing.

Subscription activation for the Services via PGA TOUR LIVE, and subsequent ability to access Services via PGA TOUR LIVE, may be subject to approval of your valid major credit or debit card and verification of other information that you submit or is otherwise obtained by PGA TOUR (e.g., your IP address).

IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT ANY USE RESTRICTION: YOUR SUBSCRIPTION TO THE SERVICES WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION; YOU MAY BE SUBJECT TO LEGAL ACTION; AND PGA TOUR RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.

SHARING OF PASSWORDS TO THE SERVICES OR PGA TOUR LIVE IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO PGA TOUR AS SET FORTH IN THE PREVIOUS PARAGRAPH, PGA TOUR RESERVES THE RIGHT TO CHARGE USERS THE FULL SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.

7. CONDUCT.



(A) You shall use PGA TOUR LIVE for lawful purposes only. You shall not post or transmit through PGA TOUR LIVE 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 PGA TOUR express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in PGA TOUR's discretion restricts or inhibits any other individual from using or enjoying PGA TOUR LIVE will not be permitted. You shall not use PGA TOUR LIVE 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 PGA TOUR LIVE.

(B) You shall not use or permit or facilitate others to use PGA TOUR LIVE 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 PGA TOUR LIVE, including without limitation real time scoring, video, audio, statistics, polling, or data content, whether current or archival.

(C) 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 PGA TOUR LIVE or servers or networks connected to PGA TOUR LIVE, or disobey any requirements, procedures, policies or regulations of networks connected to PGA TOUR LIVE.

(D) Any gaming features that we make available, including fantasy and fan polling features, are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any gaming or polling features or from using PGA TOUR LIVE to gamble or wager on the result of any tournament. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to PGA TOUR LIVE with or without notice to you. Notwithstanding any other provision of this agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of these Terms of Use.

(E) You shall not create a frame, browser or border around any of the content of PGA TOUR LIVE or link to PGA TOUR LIVE without PGA TOUR LIVE's prior express written permission.

(F) PGA TOUR LIVE 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 PGA TOUR LIVE are copyrighted as a collective work under United States copyright laws. PGA TOUR 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. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PGA TOUR 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.

(G) You shall not upload, post or otherwise make available on PGA TOUR LIVE 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 PGA TOUR LIVE, you automatically grant, or warrant that the owner of such material has expressly granted, PGA TOUR 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 PGA TOUR the right to edit, copy, publish and distribute any material you make available on PGA TOUR LIVE. The foregoing provisions of Section7 are for the benefit of PGA TOUR 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 PGA TOUR LIVE IS AT YOUR SOLE RISK. NEITHER PGA TOUR ANY OF THEIR RESPECTIVE EMPLOYEES, VENDORS, CONTRACTORS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PGA TOUR LIVEWILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PGA TOUR LIVE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PGA TOUR LIVE. PGA TOUR LIVEIS 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 THIS AGREEMENT.

(B) NEITHER PGA TOUR NOR ANY OF THEIR RESPECTIVE EMPLOYEES, VENDORS, CONTRACTORS, 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 PGA TOUR LIVE, 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 PGA TOUR LIVE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF PGA TOUR IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF PGA TOUR OR ANY VENDOR, AGENT OF CONTRACTOR OF PGA TOUR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH PGA TOUR LIVE OR THE SERVICES IS 0.

(C) YOU AGREE THAT NEITHER PGA TOUR NOR ANY OF THEIR RESPECTIVE EMPLOYEES, VENDORS, CONTRACTORS, 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.

PGA TOUR shall have the right, but not the obligation, to monitor the content of PGA TOUR LIVE, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by PGA TOUR and to satisfy any law, regulation or authorized government request. PGA TOUR shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PGA TOUR LIVE. Without limiting the foregoing, PGA TOUR shall have the right to remove any material that PGA TOUR, 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 PGA TOUR and each of their respective directors, officers, employees, vendors, contractors and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of PGA TOUR LIVE by you or any third party.

11. TERMINATION.

Either PGA TOUR or you may terminate your access to and/or use of PGA TOUR LIVE at any time. Without limiting the foregoing, PGA TOUR shall have the right to immediately terminate your access and/or use of PGA TOUR LIVE in the event of any conduct by you which PGA TOUR, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections8, 10, 14 and 16 and this Section11 shall survive termination of this Agreement.

12. LICENSED TRADEMARKS AND CONTENT.

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 PGA TOUR LIVE are the property of their respective owners.

13. THIRD PARTY CONTENT.

In certain instances, PGA TOUR LIVE is a distributor (and not a publisher) of content supplied by third parties and users. PGA TOUR has 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 PGA TOUR LIVE, are those of the respective author(s) or distributor(s) and not of PGA TOUR. Neither PGA TOUR 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 Section8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through PGA TOUR LIVE represents the opinions and judgments of the respective information provider, you, or other user not under contract with PGA TOUR. PGA TOUR does not endorse nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PGA TOUR LIVE by anyone other than authorized PGA TOUR 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 PGA TOUR LIVE. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. PGA TOUR LIVE may contain links to other third party web sites or resources. PGA TOUR has no control over such sites and resources, and you acknowledge and agree that PGA TOUR 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, 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.

14. PRIVACY POLICY.

Please refer to the PGA TOUR LIVE Privacy Policy (located on each PGA TOUR LIVE platform) for information on how PGA TOUR collects, uses, and discloses your personal information.

15. COPYRIGHTS AND COPYRIGHT AGENT.

PGA TOUR respects the rights of all copyright holders and, in this regard, PGA TOUR 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 PGA TOUR'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 PGA TOUR to locate the material; (iv) Information reasonably sufficient to permit PGA TOUR 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, PGA TOUR,[dotcomfeedback@pgatourhq.com]. For web posting, reprint, transcript or licensing requests for PGA TOUR material, please contact [dotcomfeedback@pgatourhq.com]. For any questions or requests other than copyright issues or licensing requests, please contact [dotcomfeedback@pgatourhq.com].

16. MISCELLANEOUS.

This Agreement and any operating rules for PGA TOUR LIVE established by PGA TOUR 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. This Agreement shall be construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of laws rules. You and PGA TOUR agree to submit to the personal and exclusive jurisdiction of the courts located within the county of St. John's County, Florida. PGA TOUR may exercise and fulfill any or all of its rights and obligations under this Agreement through its vendors, contractors, agents and other authorized third parties. 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 PGA TOUR LIVE 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 PGA TOUR.

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