Website Terms and Conditions of Use

1. ACCEPTANCE OF TERMS OF USE

These terms of use are entered into by and between you and the Foundation. The following terms and conditions govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. By using this website (“Site”), you signify your agreement to the terms of this Website Terms and Conditions of Use and our Privacy Policy (“Agreement”). If you do not agree to the terms in this Agreement, you must not use the Site. The Foundation (defined below) may change the terms of this Agreement at any time. All Changes are effectively immediately when we post them. Your continued use of the Site after such change is posted will mean that you accept such change.

2. USE OF WEBSITE

The Site is either owned by or licensed to the Foundation. The applicable owners and licensors retain all rights to the Site, including, but not limited to, all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Site on any single device for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Site without first obtaining the written permission of the Foundation or otherwise as expressly set forth in the terms and conditions of the Site. The Site must not be used in any unauthorized manner. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Foundation. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

3. LINKING

The Site may contain links and pointers to other Internet sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from the Site from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties do not constitute an endorsement by the Foundation of any such third-party website or content. the Foundation is not responsible for the availability of these third-party resources or their contents. You should direct any concerns regarding any external link to the administrator of the applicable third-party website or location.

4. DISCLAIMER OF WARRANTIES

a. USE OF THE PRODUCTS, MERCHANDISE, TICKETS AND SERVICES INCLUDED IN THIS SITE, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

b. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE MATERIALS CONTAINED OR DISTRIBUTED ON SITE, INCLUDING BUT NOT LIMITED TO ALL PRODUCTS, MERCHANDISE, TICKETS AND SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. THE ASTROS GOLF FOUNDATION AND ITS RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED ENTITIES AS WELL AS EACH OF THEIR RESPECTIVE OFFICIALS, PARTNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES AND AGENTS (“THE FOUNDATION”) MAKE NO GUARANTEES, COMMUNICATED OR SUGGESTED, AND THUS RENOUNCE AND NULLIFY EVERY SINGLE OTHER WARRANTIES, INCLUDING WITHOUT IMPEDIMENT, INFERRED GUARANTEES OR STATES OF MERCHANT-ABILITY, FITNESS FOR A SPECIFIC REASON, OR NON-ENCROACHMENT OF LICENSED PROPERTY OR OTHER INFRINGEMENT OF RIGHTS. FURTHER, THE FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE PRECISION, LIKELY RESULTS, OR UNWAVERING QUALITY OF THE UTILIZATION OF THE MATERIALS ON THE SITE OR GENERALLY IDENTIFYING WITH SUCH MATERIALS OR ON ANY DESTINATIONS CONNECTED TO THE SITE.

c. THE FOUNDATION DOES NOT WARRANT THAT: (1) THE SITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE, OR PRODUCTS, MERCHANDISE AND SERVICES AVAILABLE THEREFROM, WILL BE CORRECTED; (3) THE SITE, OR PRODUCTS, MERCHANDISE AND SERVICES, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE SITE, OR PRODUCTS, MERCHANDISE AND SERVICES AVAILABLE THEREFROM, WILL BE ACCURATE OR RELIABLE.

5. LIMITATION ON LIABILITY

a. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE FOUNDATION OR ANY ACT OR FAILURE TO ACT BY THE FOUNDATION OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE SITE.

b. IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE, AUCTIONS, TICKETS OR SERVICES.

c. IN NO EVENT SHALL THE FOUNDATION OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE, AUCTIONS, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE FOUNDATION IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE FOUNDATION OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCTS, AUCTIONS, TICKETS, MERCHANDISE, OR SERVICES AVAILABLE THEREFROM, IS $50.

d. IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT SITE, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY

e. YOU AGREE TO PROVIDE WRITTEN NOTICE OF ANY CLAIM OR DISPUTE, INCLUDING THOSE RAISED IN ARBITRATION AS DESCRIBED IN SECTION 8 BELOW, TO FOUNDATION WITHIN ONE YEAR OF THE CLAIM OR DISPUTE ARISING OR IT IS FOREVER WAIVED AND TIME BARRED

6. INDEMNIFICATION

You hereby agree to indemnify and hold the Foundation harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of the Site, including but not limited to the products, merchandise, auctions, tickets and/or services purchased via the Site; or (ii) any alleged breach of this Agreement by you.

7. TERMINATION

The Foundation may change, suspend or discontinue any aspect of the Site at any time, including the availability of any product, merchandise, auctions offering, ticket offering, service, feature, database or content. The Foundation may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the Site without notice or liability at any time in the Foundation's exclusive discretion, without prejudice to any legal or equitable remedies available to the Foundation, for any reason or purpose, including, but not limited to, conduct that the Foundation believes violates this Agreement or other policies or guidelines posted on the Site or conduct which the Foundation believes is harmful to other customers, to the Foundation's business or to other information providers. In addition and without prejudice to any other remedy available to the Foundation, the Foundation may immediately terminate this Agreement if you breach any term of this Agreement or other operating terms set forth by the Foundation in the Site. This Agreement may also be immediately terminated at any time by the Foundation in its sole discretion.

8. ARBITRATION

Please read this section carefully. It affects your legal rights. It provides for resolution of most, but not all, disputes arising out of or relating to this Agreement or your use of any Foundation Property between you and Foundation through individual binding arbitration instead of in court. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery and appellate review are more limited. This section survives termination of the Agreement and the relationship between you and Foundation.

a. Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Site (including all commercial transactions conducted through the Site) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and the Foundation waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Harris County, Texas, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This arbitration provision shall survive termination of this Agreement.

b. Subject to the limitations set forth below in this Section 8.B, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Texas, provided that:

i. The arbitrator shall not have authority to award punitive damages; and

ii. Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and the Foundation agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

c. For any Claims that are not subject to arbitration: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Harris County, Texas (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (ii) you and the Foundation waive any and all rights to trial by jury with respect to any Claims.

d. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 8, or initiates a proceeding involving a Claim under Section 8.C other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.

e. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide the Foundation with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.

9. GOVERNING LAW

Any and all claims arising out or related to this Agreement or to your use of any product or service distributed by the Foundation shall be governed by, and construed and interpreted in accordance with, the laws of the State of Texas, without regard to conflict of laws principles. If the arbitration agreement is ever deemed unenforceable or void, or a dispute or claim between the parties is not subject to arbitration (including any Non-Arbitrable Claim), or for any action that seeks to enforce or challenge the enforceability of the arbitration agreement or any provision of the Agreement, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Harris County, Texas (the "Forum") for purposes of any legal action and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.

10. MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. the Foundation in its sole discretion may amend this Agreement, in which case we will post the amended Agreement within the Site. Your use of the Site after such amended Agreement is posted will constitute acceptance of it by you. the Foundation may be required to notify you of certain events concerning the Site and your use thereof, and your use of the Site constitutes acceptance that such notices will be effective upon our posting them on the Site or, if we elect in our sole discretion, emailing you at an address you have provided to us. Sections 4, 5, 6, 8, 9, 10 and 11 of this Agreement will survive any termination or cancellation of this Agreement. the Foundation’s performance under this Agreement is subject to applicable law and nothing contained herein is in derogation of the Foundation's right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Foundation with respect to such use. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

11. NOTICE FOR CALIFORNIA CONSUMERS

Under California Civil Code Section 1789.3, California users of the Foundation Properties (as defined in our Privacy Policy) are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

12. NO WAIVER AND SEVERABILITY

No waiver by the Foundation of any term or condition set out in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If an provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Last updated: July 1, 2024