CHICAGO DISTRICT GOLF ASSOCIATION
(Last Updated May 2023)
BY USING THE CDGA SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR OTHERWISE USE THE CDGA SERVICES. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND THAT IF YOU ARE PROVIDING ANY PERSONALLY IDENTIFIABLE INFORMATION AT THE TIME OF REGISTRATION OR AT ANY TIME WHILE USING THE CDGA SERVICES, YOU ARE 13 YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION THROUGH THE CDGA SERVICES.
a. CDGA Websites. Subject to the terms and conditions of this Agreement, CDGA hereby grants to Authorized User during the Subscription Term (as defined below) a limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, revocable access to the CDGA Websites to which such Authorized User is permitted access.
b. CDGA Mobile Apps. Subject to the terms and conditions of this Agreement, CDGA hereby grants to Authorized User during the Subscription Term a limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, revocable license under copyright to reproduce a copy of the CDGA Mobile App on Authorized User’s mobile device solely for personal use to access the functionalities to which such Authorized User is permitted access.
2. REGISTRATION AND USER ACCOUNT
a. Authorized User Credentials. To the extent Authorized User has access to any CDGA Services as a Registered User (defined below), Authorized User acknowledges the access credentials are personal to Authorized User and Authorized User shall not share such access credentials with any other person for any purpose. “Registered User” means an Authorized User who has access to the CDGA Services by way of a user name and password or other access credentials.
3. TERM; TERMINATION.
This Agreement commences on the date Authorized User accepts, accesses or otherwise uses the CDGA Services and shall remain in effect while Authorized User continues to access the CDGA Services or the CDGA terminates this Agreement (whichever is earlier) (“Subscription Term”).
The CDGA may terminate, change, suspend or discontinue any aspect of the CDGA Services at any time with or without notice. Without limiting the foregoing, CDGA may restrict, suspend or terminate Authorized User’s access or use of the CDGA Services if CDGA believes Authorized User is in breach of this Agreement or applicable law, or for any other reason without notice or liability. Upon termination of this Agreement for any reason, Authorized User must cease all use of the CDGA Services. Termination of this Agreement shall not limit any of CDGA’s rights or remedies at law or in equity.
4. PROPRIETARY RIGHTS
Authorized User acknowledges and agrees that CDGA and/or its licensors own and retain all right, title, and interest in and to the CDGA Services and any intellectual property contained therein, including without limitation, any and all technology, content, code, user interfaces, trademarks and other items posted thereon or used in connection or associated with the CDGA Services.
Except as expressly granted in this Agreement, no license or right under any intellectual property rights in the CDGA Services are granted or implied by this Agreement. Specifically, Authorized User shall not (a) modify, port, translate, localize or create derivative works of the CDGA Services or the intellectual property contained therein; (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the CDGA Services or intellectual property contained therein by any means whatsoever, or disclose any of the foregoing; or (c) sell, lease, license, sublicense, copy (except as provided in Section 1(b) with respect to the CDGA Mobile Apps), market, distribute or offer as a service the CDGA Services or the intellectual property contained therein. Authorized User shall not remove, obscure or alter any copyright or trademark notices or any trademarks contained in the CDGA Services.
The trademarks, logos, service marks and trade names that may be displayed on or within the CDGA Services are registered and unregistered trademarks of the CDGA and other entities or persons (collectively, the “Trademarks”), and may not be used by Authorized User unless authorized in writing by the Trademark owner. Nothing contained in the CDGA Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or within the CDGA Services without the CDGA’s written permission or that of the third party rights holder.
5. SUBMITTED MATERIALS
Unless specifically requested, the CDGA does not solicit, nor does the CDGA wish to receive, any confidential, secret or proprietary information or other material from Authorized User through the CDGA Services, by e-mail or in any other way. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques or other materials (collectively “Submitted Materials”) submitted, posted, uploaded or sent or transmitted on or through the CDGA Services in any manner will be deemed not to be confidential or secret, and may be used by the CDGA in any manner consistent with this Agreement.
By submitting, uploading, posting or sending Submitted Materials through, to or on the CDGA Services, Authorized User: (A) represent and warrant that either (i) Authorized User’s Submitted Materials are original to Authorized User and that no other party has any rights thereto or (ii) that Authorized User has the necessary licenses, rights, consents and permissions to use such Submitted Materials and use them in the CDGA Services for the use of the CDGA and its applicable service providers in accordance with this Agreement, and that any “moral rights” in the Submitted Materials have been waived; and (B) Authorized User grants to the CDGA and its service providers, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it (in whole or in part) in other works, products or services in any form, media, or technology now known or later developed. The CDGA cannot be responsible for maintaining any Submitted Material that Authorized User provides to the CDGA on or through CDGA Services, and the CDGA may delete or destroy any such Submitted Material at any time.
7. RULES OF CONDUCT
While using or accessing the CDGA Services, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular components, areas or features on the CDGA Services, Authorized User agrees not to:
impersonate any person or entity or misrepresent Authorized User’s affiliation with any other person or entity;
8. PUBLIC FORUMS
The CDGA Services may include certain features that allow Authorized Users to interact and communicate with each other and/or with the general public (“Forums”). All terms and conditions set forth in this Agreement (as well as any other applicable, supplementary terms and conditions posted or otherwise made available in connection with particular features or services on the CDGA Services), are applicable to Authorized User’s use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on databases that service the CDGA Services and elsewhere on the Internet, and Authorized User may have no control over who will access or view them eventually. Therefore, Authorized User should be careful and selective about the information that Authorized User choose to disclose in such Forums and on the CDGA Services in general about Authorized User and others, and in particular, Authorized User should not disclose any sensitive, personally identifiable, proprietary or confidential information in Authorized User’s submissions to the Forums.
9. RIGHT TO MONITOR AND EDITORIAL CONTROL
The CDGA reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the CDGA Services (including, without limitation, the Forums). The CDGA is not responsible for any such materials. However, the CDGA reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the CDGA’s sole discretion, are objectionable or in violation of Agreement, the CDGA’s policies or applicable law. The CDGA may also impose limits on certain features or restrict Authorized User’s access to part or all of the CDGA Services, without notice or penalty, if the CDGA believes Authorized User is in breach of this Agreement or applicable law, or for any other reason without notice or liability.
10. THIRD PARTY WEBSITES AND PRODUCTS
b. Linking to the CDGA Services. You agree that, without the prior express permission of the CDGA: (a) you are not permitted to link directly to any image hosted on the CDGA Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site; and (b) you may not link from any other web site to a CDGA Website in any manner such that a CDGA Website, or any page of a CDGA Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to any CDGA Website signifies that you have read the restrictions described herein and agree to abide by their terms. The CDGA may, in its sole discretion, insist that any link to a CDGA Website be discontinued, and the CDGA may revoke your right to link to a CDGA Website from any other web site at any time upon written notice to you.
11. ORDERS FOR PRODUCTS AND SERVICES
We may make certain products and services available for purchase or download to users of the CDGA Services. You may only order products or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old (or the age of majority in your jurisdiction) or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the CDGA. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you may be able to purchase or download on or through the CDGA Services may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Authorized User agrees to defend, indemnify and hold the CDGA, and its directors, officers, employees, agents, service providers and licensors harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) Authorized User’s use of the CDGA Services, (ii) Authorized User’s Submitted Materials, in whole or in part, or (iii) Authorized User’s breach or violation of the law or this Agreement. The CDGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Authorized User, and in such case, Authorized User agrees to cooperate with any such defense.
13. DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY LAW, THE CDGA SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS CONTAINED THEREIN, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE CDGA HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
TO THE EXTENT PERMITTED BY LAW, THE CDGA DOES NOT WARRANT THAT THE CDGA SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL.
TO THE EXTENT PERMITTED BY LAW, CDGA MAKES NO WARRANTY THAT THE CDGA SERVICES, IN WHOLE OR IN PART, WILL MEET AUTHORIZED USER REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AUTHORIZED USER FROM CDGA, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CDGA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, AUTHORIZED USER’S COMPUTER OR MOBILE EQUIPMENT OR ANY OTHER PROPERTY ON ACCOUNT OF AUTHORIZED USER’S ACCESS TO, USE OF, OR BROWSING IN THE CDGA SERVICES OR AUTHORIZED USER’S DOWNLOADING OF THE CDGA MOBILE APP OR THE AUTHORIZED USER’S DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE CDGA SERVICES.
IF AUTHORIZED USER IS DISSATISFIED WITH THE CDGA SERVICES, AUTHORIZED USER SHOULD DISCONTINUE USE. CDGA DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND CDGA EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE CDGA SERVICES CREATED OR PROVIDED BY AUTHORIZED USERS OR OTHER THIRD PARTIES.
14. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CDGA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, CDGA SERVICES OR CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, AUTHORIZED USER’S PROVISION OF INFORMATION OR CONTENT VIA THE CDGA SERVICES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO AUTHORIZED USER FOR ANY DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR AUTHORIZED USER’S USE OF THE CDGA SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE CDGA FOR YOUR USE OF ANY CDGA WEBSITE, OR (B) TEN DOLLARS ($10). AUTHORIZED USER UNDERSTANDS AND AGREES THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
15. JURISDICTIONAL ISSUES
The CDGA does not represent that the CDGA Services or any contents contained therein are appropriate or available for use in any location outside of the United States. Authorized Users who choose to access the CDGA Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. To the extent local laws require additional terms, this Agreement may be subject to separate jurisdictional terms, if any and as applicable.
16. CHANGES TO THIS AGREEMENT
CDGA has the right to change or modify this Agreement, or to impose new conditions on Authorized User’s use of the CDGA Services, at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting within the CDGA Services, by electronic mail, by messaging, or by any other means from which Authorized User may obtain notice thereof. Any use of the CDGA Services by Authorized User subsequent to such notice shall be deemed to constitute Authorized User’s acceptance of such changes, modifications, additions, or deletions.
CDGA respects the intellectual property rights of others and require that the people who use the products and services of the CDGA do the same. If any person or entity believes that content in the CDGA Services has been copied in a way that constitutes copyright infringement, please forward the following information to the CDGA’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
Authorized User’s address, telephone number, and email address;
Chicago District Golf Association
CDGA will respond to notices of claimed copyright infringement in accordance with the DMCA.
This Agreement and the relationship between Authorized User and the CDGA shall be governed by the laws of the United States and the State of Illinois, without regard to its conflict of law provisions. Authorized User agrees that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Illinois. Authorized User agrees to submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois. The CDGA’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Chicago District Golf Association
11855 Archer Avenue
Lemont, IL 60439