Website Terms and Conditions of Use

1. ACCEPTANCE OF TERMS OF USE

By using this website (“Site”), you signify your agreement to the terms of this Website Terms and Conditions of Use (“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, and your use of the Site after such change is posted will mean that you accept such change.

 

1. ​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.

 

1. 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.

 

1. DISCLAIMER OF WARRANTIES

1. 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.

2. 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.

3. 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.

 

1. LIMITATION ON LIABILITY

1. 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.

 

1. 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.

 

1. 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.

 

1. 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.

 

1. 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.

 

1. 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.

 

1. ARBITRATION

1. 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 Palm Beach County, Florida, 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.

 

1. 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 Florida, provided that:

 

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

2. 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.

1. 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 Palm Beach County, Florida (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.

 

1. 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.

 

1. 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.

 

 

1. 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.

 

1. 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.

 

Last updated: March 4, 2019

 

Privacy Policy

PLEASE READ THIS PRIVACY POLICY (THIS “PRIVACY POLICY”) CAREFULLY BEFORE USING THIS WEBSITE, APPLICATION OR ANY OTHER PRODUCT OR SERVICE OF THE ASTROS GOLF FOUNDATION.

This Privacy Policy is applicable to this Website, the Applications, the Tournament and all products and services provided and/or distributed (whether via this Website or elsewhere) by the Astros Golf Foundation (the “Foundation”) which link to this Privacy Policy, all of which will be referred to herein collectively as the Foundation Properties” and individually as a “Foundation Property.” This Privacy Policy describes what information we collect via the Foundation Properties, how we may use that information and the choices we offer for you to manage the personal information we collect related to your use of the Foundation Properties. This Privacy Policy does not apply to the collection of information from you offline (e.g., when you provide information over the phone or on a paper form). The Foundation Properties may link to services or properties operated by third parties which are not subject to this Privacy Policy. You should familiarize yourself with the privacy practices of any third party whose services or properties you utilize and direct any concerns regarding any such third party property to the administrator of the applicable property.

1. Personal Information We Collect.  We Collect Personal Information You Choose to Provide. You may visit and enjoy many elements of the Foundation Properties without disclosing any personal information about yourself. However, if you choose to make use of select, special or enhanced elements of the Foundation Properties, you may need to share with us certain personal information so those elements may function properly. When you use certain enhanced elements within the Foundation Properties (e.g., create a profile, register for a promotion, make a purchase or publish a comment), the personal information we collect may include, but is not limited to:

• Full name,

• Email address,

• Password,

• Street address,

• Telephone number(s),

• Birth date,

• Payment card information,

• Location data and

• Contacts (as stored in your wireless device)

1. How We Use and Share Your Personal Information.  If you submit personal information to us, or to any third party acting on our behalf (a “Service Provider”), via the Foundation Properties, we may use and share your information as set forth in this Privacy Policy, as disclosed when you first submit your information or as otherwise permissible under applicable law. We will not sell, lease, publish or share your personal information with or to anyone else, except as set forth in this Privacy Policy. We may use and share your personal information as described in Section 1 above and:

   • To provide you with information you have requested, or with products, services or content you have purchased, used or otherwise engaged with, (e.g., a sweepstakes, rewards program, subscription to goods or services, etc.) and to communicate with you (including via postal mail) about the same;

   • To communicate with you about the PGA or an entity hosting a  PGA tournament applicable to your interactions with the Foundation Properties and about products, services, sponsors, partners or affiliates related to a purchase you have made or rules or terms to which you have agreed, to the extent the sending of such communication is permissible under applicable law;

   • With one or more entities that host a PGA tournament, to the extent you've submitted information or accessed functionality or content that relates specifically to such entities (e.g., you've made an PGA tournament-specific purchase), so we and they may learn more about fans like you, add you to apostal mail list, and provide better services to you;

   • To send you periodic surveys to help improve the Foundation Properties or your fan experience;

   • In connection with loyalty, membership or rewards programs operated or accessible from the Foundation Properties;

   • When the personally identifying components of your information are removed, we may use and share such anonymized information for internal purposes (e.g., to learn about the age distribution of our users); and

   • In accordance with any other permission you provide at the time you submit such information to us.

2. Other Information Collected. 

Technical Information. When you use the Foundation Properties, we use software tools, including but not limited to cookies, web beacons and similar technologies, to collect a variety of technical, non-personally identifiable information, for internal purposes. We may associate such technical information with personal information you provide to us as described in Section 1 above, in which case we will treat such associated information as personal information. Please be advised that associating technical information with personal information may be required for us, and our service providers, to recognize you and your communications with us, for example to retain your newsletter preferences or enable your use of a “shopping cart.”

 

Location Data. When you use a Foundation Property via a wireless device we may solicit your permission to collect your location data. We use such location information for internal purposes and to improve your Foundation Property experience.

Third Party Cookies and Web Beacons; Network Advertisers. We allow select third parties, such as those who deliver advertisements, content, social networking or provide other services associated with the Foundation Properties, to set cookies, web beacons or similar technologies in certain locations within the Foundation Properties, including but not limited to certain of our emails.

Social Networking. When using the Foundation Properties or when using certain third party social networking services (e.g., Facebook, Twitter, Google +) (each a “Social Network”), you may have the option to connect your Foundation Property information and activity with your Social Network information and activity. If you authorize such a connection, you permit us to share or publish information about your Foundation Property activity with that Social Network and its users, and to access certain of your Social Network information, as disclosed to you at the time you consent to the connection.  We recommend that you familiarize yourself with the privacy policy and privacy control options of any Social Network with which you choose to share information or connect to an Foundation Property.

Device ID. When you use certain Foundation Properties, we or our service provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better Foundation Property experience. We may associate Device ID with personal information you provide to us as described in Section 1 above, in which case we will treat such associated information as personal information.

1. Other Circumstances When Your Data May Be Shared

   • Aggregated and Anonymous Information. We may share aggregated, anonymous information with any third party. This information is not linked to personal information that can identify you or another individual person.

   • Disclosure for Legal Purposes. We may be required to share your personal and non-personal information pursuant to judicial or governmental subpoenas, warrants or orders. If we are required to do so, we will, of course, obey the law.

2. Managing Your Personal Information.  You may choose and control what information you provide about yourself and certain information which is automatically collected via the Foundation Properties. If you do not wish to provide certain information necessary for enhanced functionality or content on the Foundation Properties, please do not use such functionality or content. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows a user to accept or reject most cookies. If you set your browser or Adobe Flash options not to accept cookies or local shared objects, you may not be able to take advantage of certain features of the Foundation Properties.

Foundation Properties contains links to other websites and products operated by related and unrelated third parties. In addition, if you click on an advertisement within Foundation Properties, you may be directed to a web page within our services or to a third-party website or product. We are not responsible for the privacy practices of third party websites or products, and we encourage you to read the privacy policies of every website and product that collects personally identifiable information from you. This Privacy Policy applies only to Foundation Properties, unless you are notified otherwise upon accessing any third party website or product, in which case the terms and conditions set forth in such notification will apply.

Last updated: March 4, 2019