National Golf Foundation GolfSAT Terms of Use & Privacy Policy

Updated: April 25, 2012

Description
National Golf Foundation ("NGF") operates the GolfSAT customer survey websites (the "Sites"). You (hereinafter "You" or "Your") have been invited by a golf course operator that participates in NGF's GolfSAT customer satisfaction survey program to respond to an NGF-created survey about Your satisfaction with Your golfing experience at the golf course and Your use of the other products, services and amenities available at the course or facility. Your responses to the survey will be shared with the course operator, and will be maintained and used by NGF in comparing Your responses to those of other respondents to the same survey, and to the responses of respondents to surveys relating to other golf courses that may be comparable to the golf course about which You provided Your input. By responding to the GolfSAT survey, You agree to the terms of this Terms of Use and Privacy Policy, which sets forth the permitted uses of Your survey responses and information about You that You provide to NGF in the course of responding to the GolfSAT survey. If You do not agree with any of the terms of this Terms of Use or Privacy Policy, please do not complete the GolfSAT survey that has been sent to You. This Terms of Use and Privacy Policy applies only to the information collected by NGF through the GolfSAT survey that You complete, and not any information about You collected or obtained by other entities through other methods or sources, including, but not limited to, information about You separately obtained or complied by the golf course operator who has invited You to complete the GolfSAT survey.

Terms of Use

In General
We agree to provide you access to the Sites in accordance with this Terms of Use. You agree to access and use the content on the Sites in a manner consistent with any and all applicable rules and regulations. All information, data, content or other material displayed by us on the Sites are for Your information only, and are not a substitute for specific advice concerning the use of any NGF product or service.

Use of Information
You are permitted to download, view, copy, and print the content on our Site solely for Your personal information and non-commercial use. In doing so, You may not remove or amend any trademark, copyright or other proprietary notice. You may not modify copy, distribute, republish or upload any of the material from the Sites without NGF's prior written consent, which NGF may withhold in its sole discretion. Your access to and use of the Sites shall not constitute any license or transfer to You of any intellectual property rights in any content, data, images or graphical material displayed on the Site.

Links to Other Sites
If we provide hypertext links to third party websites we do so for information purposes only, and such links are not endorsements by us of any products or services offered on such sites and we do not accept any liability for your use of such products or services. We are not responsible for the content or practices of the entities that operate any third-party websites to which You may link, or be linked, from our Sites, and do not make any representations or warranties about the content or accuracy of materials on such third-party websites, the products or services offered by the operators of such sites, or the policies or practices, including the privacy policies, of the operators of such sites. You should review the terms of use agreements and privacy policies of any such sites before You access any content available, or use any functionality accessible on such sites.

Intellectual Property Protection
Materials contained on or obtained through this Site, including, but not limited to, text, graphics, images, data, audio and video (collectively, the "Materials"), are owned or licensed by NGF, or its third party licensors. NGF and its third-party licensors retain all proprietary rights in and to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets, know-how, and prohibitions against unfair competition ) and all broadcasting rights or other distribution rights associated therewith. In addition, NGF owns the copyrights in graphical presentation of the content of this Site as the NGF's collective work. You acknowledge the validity of the NGF's copyright claims, and agree not to contest such claims, nor assist others in doing so. Unless otherwise expressly indicated on this Site, except for downloading, viewing, copying, and printing portions of the Materials to enable You to learn more about the NGF's products and services, how and where you can purchase such products and services, and other personal and non-commercial uses, You may not download, store, print, modify, copy, reproduce, translate, perform, display, publish, create derivative works of, distribute or otherwise use the Materials in any way, without the NGF's prior written permission.

You may not frame or utilize framing techniques to enclose all or any portion of the Sites. You may not use any metatags or any other similar hidden text utilizing the NGF's name or trademarks.

Prohibited Activity
You may not do any of the following while using the Sites:
  • interfere with or disrupt networks connected to the Sites or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to this Site, computer systems or networks connected to this Site, through password mining or any other means;
  • interfere with another user's use and enjoyment of this Site;
  • upload any message, information, data, text, software, graphic files or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
  • upload any Content that contains a virus, corrupted file, or other harmful component;
  • impersonate any person or entity, including, but not limited to, the NGF personnel, or falsely state or otherwise misrepresent Your affiliation with any person or entity;
  • upload any Content that You do not have a right to upload under law or under contractual or fiduciary relationships (including, but not limited to, nondisclosure agreements);
  • upload any information or grant permissions to view information to any person in a manner that exceeds Your contractual or other legal authority;
  • upload any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);
  • intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with Your use or another's use of this Site; or
  • upload any Content that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone.

If You violate any provision of this Section, Your permission to use the Materials and the Sites shall automatically terminate.

Use of the Sites
You understand and expressly agree that use of the Sites and the Materials is at Your sole risk and that the Sites and the Materials may not be current, complete, uninterrupted, accurate or error-free. We make no representation or warranty regarding the use, validity, security, accuracy, currency, completeness, or reliability of the content accessible on the Sites, or the results You might obtain from the use of the Sites or the Materials and do not assume any liability or responsibility for any errors or omissions in the Materials, or any actions that You take, or do not take, in reliance upon the Materials.

DISCLAIMER OF WARRANTIES
THE SITES AND THE MATERIALS DISPLAYED ON THE SITES ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS OR BUG, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION YOUR USE OF THE SITES OR ANY WEBSITE TO WHICH YOU MAY LINK FROM THE SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING ANY PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

Indemnification
You will defend, indemnify and hold harmless the NGF and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, attorneys' fees and litigation costs and expenses at trial or on appeal) arising from or relating to Your use of the Sites or the Materials, or Your breach or violation of these Terms of Use. The NGF reserves the right to undertake the direct defense of any such claim at Your cost and expense, and You agree to provide the NGF with such reasonable cooperation as it may request.

Governing Law; Dispute Resolution
These Terms of Use will be governed by the Laws of the State of Florida, without regard to its conflicts of laws principles. You agree that any and all disputes, claims and causes of action arising from or relating to this Site or these Terms of Use may be brought only in a state or federal court sitting in Palm Beach County, Florida, and you hereby consent to the personal jurisdiction, venue and convenience of such courts. Any and all disputes, claims and causes of action arising out of or relating to this Site or these Terms of Use shall be resolved individually, without resort to any form of class action. Should any part of these Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these Terms of Use had been eliminated.

Legal Compliance
The Sites are based in the United States. Access to the Materials by certain persons may not be lawful under the laws of certain countries. If You access the Sites from outside the United States, You do so at Your own risk and are solely responsible for compliance with the laws applicable in the location from which You access the Sites.

Waiver
Any waiver of any provision of these Terms of Use will be effective only if it is in writing and signed by an authorized officer of the NGF.


Privacy Policy

Respondent Protections
NGF is a member of the Direct Marketing Association (DMA) and operates in full compliance with the DMA's Guidelines for Ethical Business Practice, and all applicable provisions of the Federal CAN-SPAM Act of 2003, and regulations promulgated hereunder. To report any perceived violations of the DMA Guidelines, or applicable laws and regulations, or to lodge any complaint regarding Your privacy, please contact NGF by sending an email request to: ethics@ngf.org or, by regular mail to: National Golf Foundation, 1150 S US Highway 1, STE 401, Jupiter, Florida 33477.

Privacy Commitment Regarding Personally Identifiable Information ("PII")
This Policy applies to all PII about You that You submit in response to NGF through the NGF's GolfSAT survey instrument. Examples of PII that You are requested to provide, and NGF will maintain about You include: Your first and last name, mailing address, email address, gender, age and phone number.

Use and Sharing of PII
By completing the survey You authorize NGF to use Your PII: (1) To report Your individually identifiable opinions to the golf course(s) You evaluate through the GolfSAT survey instrument unless otherwise instructed by You; (2) To solicit You to participate in other NGF research surveys or initiatives; (3) To be counted in NGF's American Golf Census of golfers in the United States maintained by NGF, and about which You can learn more information at http://www.americangolfcensus.org; and/or (4) as otherwise disclosed in this Policy.

Opt-in for Future Communications
At the conclusion of the GolfSAT survey, You are given the option to receive (opt-in), or not receive (opt-out), future commercial communications from NGF, NGF's marketing partners, and NGF's affiliates ("NGF Related Entities"). By "opting in" to receive such future communications You further agree that NGF may share Your PII with NGF Related Entities for the purpose of sending such You such future commercial communications. To review NGF's consumer privacy policy applicable to persons participating in NGF's American Golf Census, please go to: http://www.americangolfcensus.com/privacy/privacy-policy.pdf

Opt-Out of Future Communications
You may also "opt out" of any receipt of future commercial communications for NGF Related Entities by exercising this option at the conclusion of the GolfSAT survey, in which case Your PII will not be used or shared by NGF with any NGF Related Entities. Furthermore, even if You initially "opt in" to receive future communications from NGF Related Entities at the conclusion of the GolfSAT survey instrument, You may, at any time thereafter, choose to "opt out" from further receipt of such communications by following the "unsubscribe" instructions in any applicable electronic message that You receive from an NGF Related Entity. Please understand, however, that if you "opt out" of any use by NGF Related Entities of Your PII as provided in this Privacy Policy, such election will not apply to the use of Your PII by the golf course that invited You to complete the GolfSAT survey. You may still receive commercial messages from the golf course unless You separately communicate Your preferences to the golf course representatives.

Furthermore, if You do not consent to NGF's sharing of Your PII with NGF Related Entities, You will have a further option to remain anonymous on the GolfSAT survey. In this case, however, none of YourPII gathered through the GolfSAT survey instrument will be shared by NGF with the golf course or facility that You have evaluated, and Your responses to the survey instrument will remain anonymous.

Note Concerning Individuals 17 Years of Age and Younger
The GolfSAT survey is not intended for, nor directed to, children under the age of 18. You are not permitted to complete the GolfSAT survey or provide any PII to NGF unless You are at least 18 years old. If NGF learns that a person who is under the age of 18 completed the GolfSAT survey, NGF will promptly delete the individual's survey responses and PII from NGF's records. NGF will not knowingly distribute the PII of any person under the age of 18 years to any third parties.

Security
While NGF takes reasonable precautions to safeguard information transmitted between You and NGF, NGF may be unable to prevent unauthorized access to such information by third parties or inadvertent disclosure of such information. You acknowledge this risk when you complete the GolfSAT survey.

Consent to Processing
By providing PII and other information to NGF, You fully understand and knowingly consent to the collection, processing and transfer of such information in the United States and other countries or territories, in accordance with the terms of this Privacy Policy.

Transfer in Certain Circumstances
In its sole discretion, NGF may transfer, sell or assign information collected on or about You pursuant to this Privacy Policy, including without limitation, PII and other information provided by You to one or more third parties, as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of NGF. By participating in the GolfSAT survey, You expressly consent to such transfer of Your PII or information about You that NGF may have collected through the GolfSAT survey and program.

Changes to This Privacy Policy
NGF may, from time to time, amend this Privacy Policy, in whole or part, in its sole discretion. Any changes to this Terms of Use or Privacy Policy will be effective immediately upon the posting of the revised Terms of Use or Privacy Policy on the GolfSAT website. If you complete a GolfSAT survey instrument following any changes, You will be deemed to have agreed to such changes in this Privacy Policy.

CALIFORNIA RESIDENTS: YOUR PRIVACY RIGHTS
California Civil Code Section 1798.83, requires companies that collect PII from California residents and disclose such information to third parties (including affiliated entities) for marketing purposes to allow California residents to provide a mechanism by which a consumer may opt-out of having his/her information shared with third parties. If you are a California resident and would like to make such a request to opt-out of having your PII shared with third parties, please submit your request in writing to:
National Golf Foundation
ATTN: Privacy Policy Manager
1150 South US Highway One, Ste. 401,
Jupiter, FL 33477


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