What's New in the Updated Terms of Service?
We have revised the PGA.com Terms of Service, which apply to your use of the PGA of America's digital platforms, including PGA of America websites, apps (e.g., mobile apps, tablet apps) and digital services. Some of the key changes are summarized below, but please take the time to read the full Terms of Service. You accept and agree to be bound by these Terms of Service when you use the PGA of America’s digital platforms, including, without limitation, when you view or access videos or other content.
- Agreement to Arbitrate & Class Action Waiver: To help streamline the resolution of disputes, claims, and controversies under these Terms of Service, as set forth in more detail below, you now agree that both you, TSI (as defined below) and the PGA of America, including TSI's and the PGA of America's present and future parents and subsidiaries, will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the Services and/or the provision of content, services, and/or technology on or through the Services, and that any such proceedings will be conducted only on an individual basis (and not as a class action).
- Text Messaging Campaigns: We have added more detail about the terms that apply to any of our Text Messaging Campaigns.
- Disclaimer of Warranties and Damages; Limitation of Liability: We have revised the disclaimer of warranties and damages and the limitation of liability which apply in connection with your use of the Services.
IMPORTANT NOTICE: THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 12 AND 13.
The Services are operated by Turner Sports Interactive, Inc. ("TSI") on behalf of the Professional Golfers Association of America ("PGA") and consist of information services and content provided by TSI, PGA, affiliates of TSI and PGA, and other third parties. As used herein, "we" and "us" refer collectively to TSI and PGA.
3. Changed Terms
TSI and PGA shall have the right, at any time, to change or modify the terms and conditions applicable to your use of the Services (including, but not limited to, these Terms of Service), or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means, including, but not limited to, posting within the Services, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications, or additions.
You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Services and all charges related thereto.
5. Your Conduct
(A) You shall use the Services for lawful purposes only. You shall not post or transmit through the Services 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 TSI's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in TSI’s discretion restricts or inhibits any other users from using or enjoying the Services will not be permitted. You shall not use the Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Services.
(B) The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of the Services are copyrighted as a collective work under the United States copyright laws. PGA and TSI own a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under United States copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of TSI and the copyright owner. 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 your do not acquire any ownership rights by downloading copyrighted material.
(C) You shall not upload, post, or otherwise make available on the Services any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Services, you automatically grant, or warrant that the owner of such material has expressly granted, TSI and PGA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store, or reproduce the material for that user’s personal use. You hereby grant TSI and PGA the right to edit, copy, publish, and distribute any material made available on the Services by you.
(D) The foregoing provisions of this Section 5 are for the benefit of TSI, PGA, and each of their respective subsidiaries, parent companies, affiliates, and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTY
(A) THE SERVICES AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TSI, PGA, AND THEIR RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY ENTITIES, AND ALL EMPLOYEES, DIRECTORS, AND OFFICERS OF THE FOREGOING (COLLECTIVELY, "OPERATOR PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OPERATOR PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY RELATED MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE OPERATOR PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
(B) THE INFORMATION AND OPINIONS EXPRESSED IN BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED VIA THE SERVICES ("FORUMS") ARE NOT NECESSARILY THOSE OF THE OPERATOR PARTIES, AND THE OPERATOR PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, THE OPERATOR PARTIES ARE NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE SERVICES.
LIMITATION OF LIABILITY
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF, OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY PERTAINING TO OR ON THE SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE OPERATOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR ANY OTHER THIRD PARTIES. (D) IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY AND/OR EXCLUSIONS OF WARRANTIES TO APPLY TO YOU, THE LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
TSI and PGA shall have the right, but not the obligation, to monitor the content of the Services, including chat rooms and forums, to determine compliance with these Terms of Service and any operating rules established by TSI and PGA and to satisfy any law, regulation, or authorized government request. TSI and PGA shall have the right, in their sole discretion, to edit, refuse to post, or remove any material submitted to or posted on the Services. Without limiting the foregoing, TSI and PGA shall have the right to remove any material that TSI and PGA, in their sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless the Operator Parties from and against all claims and expenses, including attorneys' fees, arising out of the use of the Services by you and/or via your account.
TSI and/or PGA may discontinue any of the Services at any time without cause and/or notice, and, in such case, the Operator Parties shall have no liability to you in connection with such discontinuance. Without limiting the generality of the foregoing, TSI shall have the right to immediately terminate your use of the Services, including without limitation, any Services account(s) in the event of any conduct by you which TSI, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10, and this Section 9 shall survive termination of this Agreement.
"PGA" and the PGA's other names and logos are trademarks of PGA. All rights reserved. All other trademarks appearing on the Services are the property of their respective owners.
11. Third-Party Content
(A) TSI is a distributor (and not a publisher) of content supplied by third parties and end users of the Services. Accordingly, TSI has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user of the Services, are those of the respective author(s) or publisher(s) and not of TSI. Neither TSI 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 6, above, for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
(B) In many instances, the content available through the Services represents the opinions and judgments of the respective information provider, or other user not under contract with TSI. TSI and PGA neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the Services by anyone other than authorized TSI or PGA employee spokespersons while acting in their official capacities. Under no circumstances will TSI or PGA be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through the Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(A) We and you agree that these Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
(B) In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services, we or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy, and the relief requested. You must send any such notice to us by email to email@example.com AND by U.S. Mail to 1050 Techwood Drive, N.W., Atlanta, GA 30318, Attn: Legal Department for Turner Sports/PGA.com. To the extent that we have your contact information, we will send any such notice to you by U.S. Mail or to your email address. We and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. We and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After thirty (30) days, we or you may resort to the other alternatives described in this Section 12. Notwithstanding the foregoing, the notice and thirty (30)-day negotiation period required by this Section 12 shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Services.
(C) Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between us and you arising under these Terms of Service or in connection with your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Services shall not be subject to arbitration. (D) For residents outside the United States, arbitration shall be initiated in New York, New York, and we and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
(E) The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and administered by the AAA. The AAA Rules and fee information are available at "http://www.adr.org," or by calling the AAA at 1-800-778-7879.
(F) We shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to Seventy-Five Thousand Dollars ($75,000), unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorneys’ fees and expert witness costs unless we are otherwise specifically required to pay such fees under applicable law. For claims that total more than Seventy-Five Thousand Dollars ($75,000), the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on us and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. We and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, we and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. We and you understand that, absent this mandatory arbitration provision, we and you would have the right to sue in court and have a jury trial. We and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(G) If your claim is solely for monetary relief of Ten Thousand Dollars ($10,000) or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
(H) You may choose to pursue your claim in small claims court where jurisdiction and venue over us and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
(I) You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: 1050 Techwood Drive, N.W., Atlanta, GA 30318, Attn: Legal Department for Turner Sports/PGA.com, AND, the following Email address: firstname.lastname@example.org. The notice must be sent within the later of thirty (30) days of your first use of the Services or within thirty (30) days of changes to this section being announced on the Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section 12. If you opt-out of these arbitration provisions, we also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Services will be deemed to be your irrevocable acceptance of these Terms of Service and any changes/updates to this Section 12 or otherwise.
(J) If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, we and you agree to waive, to the fullest extent allowed by law, any trial by jury.
(K) The terms of these arbitration provisions will apply to any claims asserted by you against any Operator Parties to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.
13. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
(A) We and you agree that we and you will resolve any disputes, claims, or controversies on an individual basis, and that any claims brought under these Terms of Service in connection with the Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. We and you further agree that we and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Service or in connection with the Services.
(B) If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
(C) The terms of this provision will apply to any claims asserted by you against any Operator Parties to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.
14. Text Message Campaigns
The SMS text message campaign terms below govern the provision and delivery of text messages by us to you: Your electronic agreement to receive text messages; E-sign disclosure
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from our text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access, and (ii) either a printer or storage space on such device.
What rules apply? When you sign up to receive text messages in connection with any of our text message programs, you are agreeing to our Terms of Service including these SMS text message terms set forth in this Section 14 of our Terms of Service.
What are PGA.com text message programs? Consistent with applicable law, appropriately aged visitors may from time to time have the opportunity to register for special programs, promotions, services, and information delivered via text messaging and/or wireless devices to users who expressly agree to receive such messages.
Does it cost anything to receive texts from a PGA.com text message program? We will not charge you to create or deliver the text messages that are part of any of our text message programs unless otherwise noted at the point where you sign up for the program; however, depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. Thus, your provider’s standard message and data rates may apply. Your consent to receive texts from us is not in any way required as a condition of purchasing property, goods or services from us.
Who can receive texts? By signing up to receive texts, you represent that you are thirteen (13) years of age or older and, if you are under the age of eighteen (18), you either are an emancipated minor, or have obtained the legal consent of your parent, legal guardian, or account holder to sign up for text messages and to fulfill the obligations and agree to the terms set forth in these Terms of Service. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.
What if I don't want to receive any more texts from a PGA.com text message program? To stop receiving text messages from a specific PGA.com text message program, simply text STOP to the short code provided by us in the text message program texts that you no longer wish to receive. After doing so, you will receive confirmation of your opt-out via text. If you have signed up for more than one (1) of our text message programs you will need to text STOP to the short code provided in the texts for each text message program from which you wish to no longer receive texts.
What if I want more info? To request more info, simply text HELP to the short code provided in the texts related the specific PGA.com text message program you have questions about.
How many text messages will I receive? The number of texts you receive from us may vary significantly, depending in part on the specific text message program you sign up for.
Who are the participating carriers? Content may not be available on all carriers and carrier participation could change. You may consult with your carrier to see if it participates. The content is not compatible with all cell phone models. We will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
How are the text messages sent? We or our vendor who sends the texts may use auto dialer or non-auto dialer technology to send the text messages described above to the mobile phone number you supply when you request to receive the texts.
Will these terms change? We reserve the right to modify these SMS text message terms, or any part thereof, or add or remove terms at any time, and such modifications, additions, or deletions will be effective immediately upon posting. Your receipt of texts after such posting shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.
15. Copyrights and Copyright Agent
TSI and PGA respect the rights of all copyright holders and in this regard, TSI and PGA have adopted and implemented a policy that provides for the termination in appropriate circumstances of 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 TSI'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. § 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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online service are covered by a single notification, a representative list of such works at that service;
- 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 us to locate the material;
- 4. Information reasonably sufficient to permit us 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 1050 Techwood Drive NW Atlanta, GA 30318 Email: TSIcopyrightagent@turner.com
16. Governing Law
(A) The data/materials and all other content and features on the Services are presented for the purpose of providing entertainment, news, and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
(B) The Services are controlled and operated by us from our offices within the United States. The Services are intended for residents of the United States unless otherwise noted. Residents outside of the United States understand and consent that the data submitted on the Services will be transmitted to and processed within the United States. If you choose to access the Services from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
These Terms of Service and any other operating rules for the Services established by TSI and PGA 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.
18. Supplemental Terms
Associated Press Notice
Associated Press text, photos, graphics, audio, and/or video materials shall not directly or indirectly be published, rewritten for broadcast or publication, or redistributed in any medium. Neither these Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. You agree not to hold the Associated Press liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising from any of the foregoing. Materials licensed from Associated Press are © 2015 Associated Press. All rights reserved.