Terms of Use
Actualizado · April 2024
THESE TERMS OF USE INCLUDE A DISPUTE RESOLUTION SECTION (INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER) THAT AFFECTS YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.
Table of Contents:
1. DEFINITIONS.
“PGATOUR.COM” is the interactive online service and applications operated by PGATOUR.COM, LLC, consisting of information services and content provided by PGATOUR.COM, LLC, PGA TOUR, Inc. and their affiliates including PGA TOUR Enterprises, LLC (collectively the “PGA TOUR Parties”) and other third parties through the website located at www.pgatour.com, various device applications (e.g., PGA TOUR iPhone app, Android app) and other services and platforms from time to time. “You” means each person who establishes a connection to PGATOUR.COM for access to and use of PGATOUR.COM. Any use of PGATOUR.COM in connection with Your employment or on behalf of any other party constitutes a representation and warranty that You have the authority to bind Your employer or such other party to these Terms of Use. For purposes of these Terms of Use, PGA TOUR Parties includes any applicable PGA TOUR Party or Parties.
2. GENERAL.
(A) PGATOUR.COM, LLC 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 PGATOUR.COM. PGATOUR.COM is not intended for use by people under the age of thirteen (13). Our policy is to not knowingly collect personal information from people under the age of thirteen (13), so if You believe that such personal data has been provided to us without parental or guardian consent, please contact us at support@pgatourfeedback.zendesk.com. We will work to have such personal information deleted from our systems. Subscribers under the age of eighteen (18) should not participate in contests or sweepstakes or other promotional opportunities on PGATOUR.COM, nor should they post information to PGATOUR.COM without a parent or guardian’s consent.
(B) These Terms of Use set forth the terms and conditions that apply to Your access and use of PGATOUR.COM. By accessing and using PGATOUR.COM, You agree to comply with all of the terms and conditions hereof. The right to use PGATOUR.COM 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 these Terms of Use. You shall be responsible for protecting the confidentiality of Your password(s), if any.
(C) PGATOUR.COM, LLC shall have the right at any time to change or discontinue any aspect or feature of PGATOUR.COM, 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 the PGA TOUR Parties or the practices of parties other than the PGA TOUR Parties who operate sites that may be linked to or from PGATOUR.COM, such as www.shop.pgatour.com and TPC.com.
3. CHANGED TERMS.
PGATOUR.COM, LLC 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 PGATOUR.COM, or by electronic or conventional mail, or by any other means by which PGATOUR.COM may publicize notice thereof. Your use of PGATOUR.COM after such notice, among other things, shall be deemed to constitute Your acceptance of such changes or modifications.
4. EQUIPMENT; CHARGES.
You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of PGATOUR.COM and all charges related thereto. Any subscription or other fees charged by PGATOUR.COM, LLC for use of PGATOUR.COM or for any upgrades or subscription features offered in PGATOUR.COM are stated in the application or the order path for, as applicable, the application, upgrade or subscription feature. Please note that, in addition, depending on Your Internet access provider, using or downloading PGATOUR.COM or its upgrades or features may cause You to incur data or other charges from Your provider. These Terms of Use will govern any upgrades to PGATOUR.COM provided by the PGATOUR.COM, LLC unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
5. REGISTRATION OBLIGATIONS.
If You register with PGATOUR.COM, You agree to provide true, accurate, current and complete information about Yourself. PGATOUR.COM, LLC has the right to suspend or terminate access and refuse any and all current or future use of PGATOUR.COM (or any portion thereof) if You provide any untrue, inaccurate, not current or incomplete information, or if PGATOUR.COM, LLC reasonably suspects that You have provided untrue, inaccurate, or incomplete information.
6. SMS SUBSCRIPTIONS.
By subscribing to PGATOUR.COM mobile alerts, You certify that You are over 18 years of age or have parental consent, are the account holder or have the account holder’s permission, and agree to receive ongoing SMS messages from the PGA TOUR Parties. 10 messages are typically delivered per alert type per week based on specific subscription preferences. Service is available on select carriers. In addition to any entry, submission, donation or other fee of which You are notified, Your carrier’s standard message and data rates may apply. The PGA TOUR Parties will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from Your network operator. SMS messages are provided on an as is basis. Data obtained from You in connection with SMS service may include Your cell phone number, carrier’s name, and date, time and content of message. Such information may be used by the PGA TOUR Parties to contact You and to provide services You request. You can cancel Your alert subscription at any time by texting STOP to 53146. For more information text HELP to 53146 or call 877-571-0774.
7. CONDUCT.
(A) PGATOUR.COM is intended for Your personal, noncommercial use only. You shall not use PGATOUR.COM or any of its data or other content for any commercial or business-related purpose, unless expressly licensed by PGATOUR.COM, LLC.
(B) You shall use PGATOUR.COM for lawful purposes only. You shall not post or transmit through PGATOUR.COM 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 PGATOUR.COM, LLC’s express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in PGATOUR.COM, LLC’s discretion restricts or inhibits any other individual from using or enjoying PGATOUR.COM will not be permitted. You shall not use PGATOUR.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other online information services competitive with PGATOUR.COM.
(C) You shall not use or permit or facilitate others to use PGATOUR.COM 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 PGATOUR.COM, including, without limitation, real time scoring, statistics, video, audio, polling or any other data or content (whether current or archival).
(D) You may use real time scoring, statistics and other data (whether current or archival) collected from PGATOUR.COM solely for legitimate news reporting and for personal, non-commercial purposes. You shall not use real time scoring, statistics or other data (whether current or archival) collected from PGATOUR.COM for sale, license or other commercial purposes (including, without limitation, commercial gambling purposes), unless expressly licensed by the PGA TOUR Parties.
(E) 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 PGATOUR.COM or servers or networks connected to PGATOUR.COM, or disobey any requirements, procedures, policies or regulations of networks connected to PGATOUR.COM.
(F) Any gaming features that we make available, including fantasy and fan polling features, are provided exclusively for entertainment purposes.
(G) You shall not create a frame, browser or border around any of the content of PGATOUR.COM or link to PGATOUR.COM without PGATOUR.COM, LLC’s prior express written permission (except that You may use a plain text-only link to the home page of PGATOUR.COM, which link does not in any way imply a sponsorship or affiliation with PGATOUR.COM, PGA TOUR or the PGA TOUR Parties).
(H) PGATOUR.COM 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 PGATOUR.COM are copyrighted as a collective work under United States copyright laws. PGA TOUR, Inc. 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. You may download copyrighted material for Your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or exploitation of downloaded material will be permitted without the express permission of PGA TOUR, Inc. 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. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
(B) NEITHER THE PGA TOUR PARTIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, 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 PGATOUR.COM, 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 PGATOUR.COM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU MUST PROVIDE NOTICE OF ANY CLAIM TO THE PGA TOUR PARTIES WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.
(C) YOU AGREE THAT NEITHER THE PGA TOUR PARTIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, 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.
PGATOUR.COM, LLC shall have the right, but not the obligation, to monitor the content of PGATOUR.COM, including chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by PGATOUR.COM, LLC and to satisfy any law, regulation or authorized government request. PGATOUR.COM, LLC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PGATOUR.COM. Without limiting the foregoing, PGATOUR.COM, LLC shall have the right to remove any material that PGATOUR.COM, LLC, 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 the PGA TOUR Parties and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of PGATOUR.COM by You or any third party.
11. TERMINATION.
Either PGATOUR.COM, LLC or You may terminate Your access to and/or use of PGATOUR.COM at any time. Without limiting the foregoing, PGATOUR.COM, LLC shall have the right to immediately terminate Your access and/or use of PGATOUR.COM in the event of any conduct by You which PGATOUR.COM, LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of these Terms of Use. The provisions of Sections 8, 10, 14, 16 and 17 and this Section 11 shall survive termination of these Terms of Use.
12. LICENSED TRADEMARKS AND CONTENT.
PGATOUR.COM, PGA TOUR, TPC, SHOTLINK and the SWINGING GOLFER LOGO are trademarks of the PGA TOUR parties used here under license. All data from the ShotLink scoring system is also used under license from PGA TOUR Parties. All rights are reserved by the respective rights holders. All other trademarks appearing on PGATOUR.COM are the property of their respective owners.
13. THIRD-PARTY CONTENT.
PGATOUR.COM is a distributor (and not a publisher) of content supplied by third parties and users. Accordingly, the PGA TOUR Parties have 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 PGATOUR.COM, are those of the respective author(s) or distributor(s) and not of the PGA TOUR Parties. Neither the PGA TOUR Parties 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 Section 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through PGATOUR.COM represents the opinions and judgments of the respective information provider, You, or other user not under contract with the PGA TOUR Parties. Neither the PGA TOUR Parties endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on PGATOUR.COM by anyone other than the authorized PGA TOUR Parties’ 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 PGATOUR.COM. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. PGATOUR.COM may contain links to other third-party web sites or resources. The PGA TOUR Parties have no control over such sites and resources, and You acknowledge and agree that the PGA TOUR Parties bear 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.
PGATOUR.COM may operate on or in connection with various products and services provided by various third parties, such as third-party handsets (e.g., cell phones and smart phones), tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the foregoing disclaimers and limitations of liability, You acknowledge that the PGA TOUR Parties do not control such third parties or their products or services and that the PGA TOUR Parties shall not be responsible for such third parties or their products or services.
PGATOUR.COM may enable access to the PGA TOUR Parties’ and third-party services and web sites. You understand that, by using PGATOUR.COM, You may encounter content that may be deemed offensive, indecent or objectionable, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use PGATOUR.COM at Your sole risk and that the PGA TOUR Parties shall not have any liability to You for content that may be found to be offensive, indecent or objectionable
14. PRIVACY POLICY.
Please refer to www.pgatour.com/company/privacy-policy for information on how PGATOUR.COM collects, uses, and discloses Your personal information. This privacy policy is expressly incorporated by reference.
15. COPYRIGHTS AND COPYRIGHT AGENT.
The PGA TOUR Parties respects the rights of all copyright holders and, in this regard, PGATOUR.COM, LLC 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 PGATOUR.COM, LLC’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: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) 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; (3) 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 PGATOUR.COM, LLC to locate the material; (4) information reasonably sufficient to permit PGATOUR.COM, LLC to contact the complaining party; (5) 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 (6) 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, PGATOUR.COM, LLC, audiencesupport@pgatourhq.com. For web posting, reprint, transcript or licensing requests for PGATOUR.COM material, please contact audiencesupport@pgatourhq.com. For any questions or requests other than copyright issues or licensing requests, please contact audiencesupport@pgatourhq.com.
16. DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT; JURY TRIAL WAIVER; CLASS ACTION WAIVER)Please read this this Section 16 carefully. It affects Your legal rights. It provides for resolution of most disputes between You and the PGA TOUR Parties through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This Section 16 also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.
Arbitration Agreement.
(A) Binding Individual Arbitration. Any dispute or claim arising out of or relating to these Terms of Use, Your use of PGATOUR.COM, or Your relationship with the PGA TOUR Parties, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including claims for mental or emotional distress or injury not arising out of physical bodily injury (“Dispute”), will be resolved through binding individual arbitration, except that either You or the PGA TOUR Parties may elect to have a Dispute heard in small claims court so long as it is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance unless You and the PGA TOUR Parties agree otherwise. Dispute shall be interpreted broadly and include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior Terms of Use (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which You are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms of Use. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property and claims arising out of physical bodily injury. The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues that are reserved for a court in these Terms of Use; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Section 16; and (3) issues that relate to the arbitrability of any Dispute. These Terms of Use and this arbitration agreement do not prevent You from bringing a Dispute to the attention of any government agency. You and the PGA TOUR Parties agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).
(B)Mandatory Informal Dispute Resolution Process. You and the PGA TOUR Parties agree to the following informal dispute resolution process before You or the PGA TOUR Parties may initiate arbitration. In the event of any Dispute that arises between You and the PGA Tour Parties, the party asserting the Dispute shall first send written notice to the other party (by first class or registered mail) that includes all of the following information: (1) contact information (including name, address, email address, and telephone number); (2) a detailed description of the nature and basis of the Dispute and any claims being asserted; and (3) a detailed description of the relief sought, including a calculation for it. The notice must be personally signed by the party asserting the Dispute (and Your or our counsel, if represented). Your notice must be sent to: PGA TOUR, Attn: Legal, 1 PGA TOUR Boulevard, Ponte Vedra Beach, FL 32082. If the PGA TOUR Parties have a Dispute with You, notice will be sent to the most recent contact information we have for You.
For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), You and the PGA TOUR Parties agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, You and the PGA TOUR Parties representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration with a Process Arbitrator or merits arbitrator. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or the PGA TOUR Parties may commence arbitration only if the Dispute is not resolved through this Process.
(C) Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (where appropriate) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. Each party has the right to challenge the application of the AAA’s Consumer Arbitration Rules in connection with a Dispute as a threshold administrative issue. You and the PGA TOUR Parties understand and agree that the AAA’s administrative determination to register this arbitration agreement means it comports with the Consumer Due Process Protocols and that this determination is final and neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). If You are submitting an arbitration demand, You shall send it to: PGA TOUR, Attn: Legal, 1 PGA TOUR Boulevard, Ponte Vedra Beach, FL 32082 and follow the AAA Rules for initiating arbitration. If the PGA TOUR Parties are submitting an arbitration demand, the demand will be sent to the most recent contact information on file for You and follow the AAA Rules for initiating arbitration. By submitting an arbitration demand, the party and counsel represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $10,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and the PGA TOUR Parties reserve the right to request a hearing in any matter from the arbitrator. You and a PGA TOUR Parties representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which You reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, You and the PGA TOUR Parties agree that each may bring claims against the other only in Your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both You and the PGA TOUR Parties agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms of Use as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding to which You are not a party. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
(E) Additional Procedures for Mass Arbitration. You and the PGA TOUR Parties agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if You choose to participate in a mass arbitration. If 25 or more similar Disputes (including Yours) are asserted against the PGA TOUR Parties by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), You understand and agree that the resolution of Your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources. If Your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for Your Dispute from the time that Your Dispute is first submitted to the AAA until Your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
· STAGE ONE: If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for the PGA TOUR Parties shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a mutually acceptable mediator in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and the PGA TOUR Parties shall pay the mediator’s fee.
· STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for the PGA TOUR Parties shall each select 25 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two). No more than three cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with mutually acceptable mediator in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and the PGA TOUR Parties shall pay the mediator’s fee.
Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. These Additional Procedures for Mass Arbitration and each of the requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that these Additional Procedures for Mass Arbitration apply to Your Dispute and are not enforceable, then Your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use.
(F) Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to the contact information for the PGA TOUR Parties), You may reject any such change by sending Your personally signed, written notice to the following address within 30 days of the change: PGA TOUR, Attn: Legal, 1 PGA TOUR Boulevard, Ponte Vedra Beach, FL 32082 with a clear statement that You wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, You are agreeing that You will arbitrate any Dispute between You and the PGA TOUR Parties in accordance with this version of the arbitration agreement.
Class Action Waiver; Jury Trial Waiver.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE PGA TOUR PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
17. GOVERNING LAW AND VENUE
Except with respect to the arbitration agreement, these Terms of Use and use of PGATOUR.COM are governed by the laws of the state of Florida, without regard to Florida’s conflict of laws rules. If the arbitration agreement in Section 16 is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, or for any action that seeks to enforce or to challenge the enforceability of any provision of the arbitration agreement or these Terms of Use, You irrevocably consent to the exclusive jurisdiction of the federal and state courts in St. Johns County, Florida, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (1) Inconvenient forum; or (2) Any other basis or any right to seek to transfer or change venue of any such action to another court.
18. TERMS RELATED TO APPLE.
The following terms shall apply to the extent You use any Apple device (e.g., iPhone, iPad) to access PGATOUR.COM.
You acknowledge that these Terms of Use are between You and PGATOUR.COM, LLC, and not with Apple, and that Apple does not have any responsibility for PGATOUR.COM or the content thereof. You acknowledge that neither the PGA TOUR Parties nor Apple shall have any obligation whatsoever to furnish any maintenance or support services with respect to PGATOUR.COM.
Without limiting the disclaimers and limitations of liability set forth above, to the maximum extent permitted by applicable law, (1) Apple will have no warranty obligations whatsoever with respect to PGATOUR.COM; (2) Apple is not responsible for addressing any claims relating to the PGATOUR.COM or Your possession or use thereof; and (3) in the event of any third-party claim that PGATOUR.COM or Your possession or use thereof infringes that third party’s intellectual property rights, Apple will not have any responsibility for such claim.
You represent and warrant that (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use, and, upon Your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against You.
19. MISCELLANEOUS.
These Terms of Use and any operating rules for PGATOUR.COM established by PGATOUR.COM, LLC 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. 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 or part of any provision of these Terms of Use is invalid, the court should give effect to the parties’ intentions as reflected in the provision, and the parties agree that the remaining provisions (and/or parts of provisions) of these Terms of Use shall be considered severable and all other provisions of these Terms of Use shall remain in full force and effect. All rights not expressly granted to You herein are hereby reserved to the PGA TOUR Parties.