PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These Terms and Conditions (the “Terms”) set out the terms on which you make use of the website www.rydercup.com(the “Site”), whether as a guest or a registered user, including through any mobile apps. Use of the Site includes accessing, browsing or registering to use the Site.
Please read these Terms carefully before you start to use the Site. By using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Site.
Other Applicable Terms
These Terms incorporate the following additional terms, which also apply to your use of the Site:
Information about Us
The Site is owned jointly by Ryder Cup Europe LLP (registered no: OC307452; registered office: Wentworth Drive, Virginia Water, Surrey GU25 4LX) (“Ryder Cup Europe”) and The Professional Golfers’ Association of America (the “PGA”) (of 100 Avenue of the Champions, Palm Beach Gardens, FL 33418) and is operated and managed on behalf of both entities by [NBCUniversal Media]. Ryder Cup Europe and the PGA are collectively referred to as “us”, “our” or “we” (save as the context otherwise determines where such terms are used in the section of these Terms that apply to the EU Content or the US Content).
Ryder Cup Europe is responsible for the content on and sections of the Site provided by Ryder Cup Europe (“EU Content”) and the PGA is responsible for the content on and sections of the Site provided by the PGA (“US Content”). There are certain separate terms in respect of any use of such sections, as indicated below.
Changes to these Terms
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Change to our Site
We may update the Site from time to time and may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it.
Accessing our Site
The Site is made available free of charge, although registration to a mobile app may be required in order to access certain parts of the Site. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Use of the Site
You may only use the Site for lawful purposes and you may not use the Site in any way that breaches any applicable local, national or international law or regulation. You also agree not to interfere with, damage or disrupt any part of the Site or any equipment or network on which the Site is stored. You shall not post or transmit through the Site 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 our express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other users from using or enjoying the Site will not be permitted. You shall not use the Site 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 Site.
Your Access, Account and Password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security or any registration process, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
We may terminate your access to the Site at any time.
Intellectual Property Rights
Ryder Cup Europe and the PGA are the owners or the licensees of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
You must not use any part of the content on the Site (including, without limitation, all digital video footage and live scoring data) for commercial purposes without obtaining a licence to do so from us or ours licensors.
If you print off, copy, download or otherwise disseminate any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No Reliance on Information
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied that the content on the Site is accurate, complete or up-to-date.
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Linking to the Site
You must not establish a link to the Site (or any content contained within the Site) in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Third Party Links and Resources in our Site
Where the Site contains links to other sites and/or resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
You agree to defend, indemnify and hold harmless us, our affiliates, their respective officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), arising out of (i) the use of the Site by you and/or via your account, (ii) any content you transmit via the Site or (iii) a violation by you of applicable law or any agreement or terms with, or rights of, a third party. To the fullest extent permitted by law, we reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.
RYDER CUP EUROPE – TERMS
The following portion of these Terms applies only to Ryder Cup Europe and the EU Content:
Limitation of Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, the Site; or
- Use of or reliance on any content displayed on the Site.
If you are a business user, please note that in particular, we will not be liable for:
- Loss of profits, sales, business or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions of supply.
Please note that these Terms, its subject matter and its formation are governed by English law. We both agree to the non-exclusive jurisdiction of the courts of England and Wales.
We own a number of trademarks in numerous territories in respect of the Ryder Cup, including but not limited to the name ’Ryder Cup’ and the Ryder Cup logo as it appears on the Site.
To contact us, please email us at this address: firstname.lastname@example.org.
PGA of America – TERMS
The following portion of these Terms applies only to the PGA and the US Content:
If you are having any trouble accessing these Terms or this Site, please contact us at 561-624-8400. Our hours of operations are: 8:00 a.m. – 4:30 p.m. ET.
THE US CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PGA AND ITS AFFILIATES AND SUBSIDIARY ENTITIES, AND ALL EMPLOYEES, DIRECTORS, AND OFFICERS OF THE FOREGOING DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE US CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE PGA 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 SITE, 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 SITE. 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. 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.
"PGA" and the PGA's other names and logos are trademarks of PGA. All rights reserved.
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 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 Site, and/or the provision of content, services, and/or technology on or through the Site, 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 100 Avenue of the Champions, Palm Beach Gardens, FL 33418. 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. Notwithstanding the foregoing, the notice and thirty (30)-day negotiation period required by this section 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 Site.
(C) Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between us and you arising under these Terms or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site, 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 Site shall not be subject to arbitration. (D) For residents outside the United States, arbitration shall be initiated in New York, NY, and we and you agree to submit to the personal jurisdiction of any state or federal court in 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, and administered by the AAA. The AAA Rules and fee information are available at "//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 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: 100 Avenue of the Champions, Palm Beach Gardens, FL 33418, 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 Site or within thirty (30) days of changes to this section being announced on the Site, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section 10. 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 Site will be deemed to be your irrevocable acceptance of these Terms and any changes/updates to this section 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 the PGA or its affiliates to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
Class Action Waiver
(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 in connection with the Site 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 or in connection with the Site.
(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, NY.
(A) The data/materials and all other content and features on the Site 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. Subject to the arbitration provisions above, any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site 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.
To contact us, please email us at this address: email@example.com.
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