ADDITIONAL TERMS OF SALE FOR GS3™, DEACON®, STIMPMETER®

Last Updated: January 15, 2024

PLEASE CAREFULLY REVIEW THESE GS3™, DEACON®, AND STIMPMETER® TERMS OF SALE (“Terms”). BY PURCHASING THE DEACON PRODUCT FROM THE USGA, YOU EXPRESSLY AGREE TO THE TERMS HEREIN, WHICH, TOGETHER WITH ANY ORDER OR PROPOSAL, CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN THE USGA AND YOU.

The United States Golf Association (“USGA,” “we,” “us,” and “our”) owns and operates the DEACON website located at deacon.usga.org (“Website”) and the DEACON mobile app(s) (“App”). The use of the terms “you” and “your” mean any user of the Website, App, or Services (defined in Section 3).

In addition to these Terms, you must agree to be bound by USGA’s Terms of Sale (“General Terms”).

PLEASE NOTE THE AUTO-RENEWAL TERMS BELOW. By purchasing a subscription, you agree that we may automatically charge your payment card at the selected interval, continuously until you affirmatively cancel your subscription. The amount charged will be the stated price (including any applicable taxes). You may cancel your subscription by logging on to your account on the Solution Center at www.shopify.com, emailing us at greensection@usga.org (we will respond within 10 business days), or calling us at 908-234-2300 between 9AM-5PM E.T., Monday to Friday (not available weekends or holidays). You will receive a renewal notice approximately forty-five (45) days prior to the start of the next subscription period. You must cancel your subscription in order to avoid incurring a charge for the upcoming period. If you are charged for a renewal subscription period, you may cancel your subscription within thirty (30) days following the charge, and you will receive a full refund for such renewal subscription. These subscriptions are described in more detail in Sections 6, 7, 8, and 9 below.

PLEASE NOTE THE BINDING ARBITRATION TERMS BELOW.

1. Scope and Application of Terms

These Terms apply to you and your use or access of the Website, App, and Services (as defined below), including your upload of any materials to the Website or App, your use of the Services provided through the Website or App, your download of the App, and your viewing of the Content on or available through this Website or App. By using the Website, App, or Services, or by registering an account and accessing and/or using the Service and Product:

(a) You indicate your acceptance of the Terms; and

(b) If your access or use is on behalf of another person or entity (e.g., golf organization or company), you confirm that you are authorized to and have the legal authority to, and do in fact, agree to the Terms on that person’s or entity’s behalf, and as a result, that person or entity is bound by the Terms.

By using the Website, App, Product, and Services or registering an account for use of the Services, you acknowledge that you have read and understood and agreed to be bound by the Terms. If you do not agree to the Terms, you are not authorized to access and use the Website, App, Product, or Services and you must immediately stop doing so.

2. Changes to the Terms

We may revise and update these Terms from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Website, App, Product, or Services with respect to all orders placed after such amended Terms are posted on the Website.

3. Definitions

(a) “Authorized Third Parties” means users that have been authorized by you to use the App in accordance with these Terms and the Privacy Policy.

(b) “Content” means contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) of the App.

(d) “Product” means the GS3™ product, including the GS3 kit (Stimpmeter, GS3 Ball, Charger, Drop Fixture).

(e) “Services” means the services provided through the DEACON® Website or DEACON® App which provides users with tools, resources, and information relating to golf course facility management.

(f) “Third Party Content” has the same meaning set forth in Section 14.

(g) “User Generated Content” means (a) information or data related to the general costs and expenses of maintaining a golf course, procurement information, local conditions, and trends, etc. (“GC Data”); and (b) content or materials that users post, submit, publish, display, or transmit to other users or other persons ("Post" or “Posting”) on or through the Website’s or App’s message boards, forums, bulletin boards, file uploads, voting functionality, tracking mechanisms, and other interactive featuresof the Website or App.

4. Eligibility for Use

Access to the Website, App, Product, or Services is limited to authorized legal entities that own, operate, and/or manage golf course(s), golf course architects, major professional golf tours, and Authorized Third Parties. By using the Website, App, Product, or Services, you represent and warrant that you meet the eligibility requirements. If you do not meet all of these requirements, do not use the Website, App, Product or Services.

The Website, App, Product, and Services are not intended for children or minors under the age of thirteen (13). If you are under the age of 13, please do not register or attempt to register with the Website or App or for use of the Product or Services.

Use of the Website, App, Product, and Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Website, App, Product, and Services involves hardware, software, and Internet access, your ability to use the Website, App, Product, and Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

5. Product Details

The hardware and software are intended to work together, and one cannot function without the other. By purchasing either access to the software Service or the Product, you acknowledge that one cannot function without the other.

6. Subscription

If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annually) until you cancel in the manner set forth in Section 8 of the Terms. You authorize us to charge your first subscription fee and any applicable taxes on or after the date you purchase your subscription or after your free trial ends (if applicable). We reserve the right to verify and/or authorize credit or debit card payments prior to acceptance.

Your subscription will automatically continue at the selected interval, and you will continue to be charged at the stated price (including any applicable taxes), unless prior to the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription in accordance with Section 8 below; (c) we decline to renew your subscription; or (d) these Terms are otherwise properly terminated as expressly permitted herein. Your credit card will be charged on or about twelve (12) months following your initial purchase or a prior renewal subscription. Further details regarding cancellation are included in Section 8 below. As noted below, we may change subscription terms or subscription fees at any time after purchase in our sole discretion subject to the terms below.

After you have set up an account, you can access information about your subscription period by visiting gsshop.usga.org and navigate to the subscription portal.

We may, in our discretion, elect to cancel any order or subscription at any time. Any subscription canceled by us will be refunded to the extent payment has already been processed. We may change subscription terms or subscription fees at any time after purchase in our sole discretion. If the pricing for your subscription increases, we will notify you and provide you an opportunity to cancel or change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription, Product, or Service on a temporary or permanent basis. If you do not wish to continue subscribing with the new modifications, you may cancel your subscription. Your failure to cancel or your continued use of the Product or Service after the changes become effective will constitute your acceptance of the changes. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.

7. Promotions and Free Trials

If your subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you are required to provide your payment details when you sign up in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid subscription and your payment method will be charged the applicable fee unless you have canceled your subscription in accordance with Section 8. You may cancel your subscription during your free trial to avoid being charged as described above and below; such cancellation will be effective immediately.

If your subscription includes a promotional rate, you will be charged the promotional rate for the relevant number of subscription periods and upon completion of that period, your subscription will continue to automatically renew at the full rate. To avoid being charged the full rate, you must cancel in accordance with Section 8 before the promotional period ends.

You may only be permitted to use one free trial or promotional rate offer. If your subscription is ever canceled or terminated for any reason and you purchase an additional subscription, you may not be eligible for a free trial or another promotional rate offer.

8. Cancellation and Refunds of Subscriptions

(a) General Cancellation Terms

When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current billing period.

In order to avoid future charges, you must cancel your subscription prior to the end of your current subscription period. If you cancel prior to the deadline, you will not be charged or you will be eligible to receive a refund for additional charges. For subscriptions that are canceled within a free trial period, your cancellation will become effective immediately; for all other subscriptions, your cancellation will become effective at the end of your current subscription period, and you will continue to have access to your subscription for the remainder of the subscription period.

(b) Methods of Cancellation

A subscription can be canceled by one of the following methods:

Call us at 908-234-2300. Our hours are 9AM-5PM E.T. Monday to Friday (not available weekends or holidays).
Email us at greensection@usga.org. We will respond within 10 business days.

Digital subscriptions billed can be canceled through the Solution Center at https://www.shopify.com. If you subscribe to multiple Products or Services, your cancellation of one Product or Service may not result in the cancellation of all Products or Services.

EXCEPT AS OTHERWISE STATED IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE. If you cancel your subscription, you are not entitled to receive any refund or credits for the time remaining in your subscription period. Except as otherwise stated in these Terms or as required by applicable law, you will continue to have the same access and benefits of your subscription for the remainder of the current subscription period.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Without limiting any other remedies, we reserve the right to suspend or terminate your subscription or Product/Services or portion thereof for any reason, with or without notice and without further obligation. If we cancel your subscription, we may give you a pro-rated refund based on the amount of time remaining that you cannot use. However, we will not be obligated to grant you a refund if we terminate your subscription because we determine, in our sole discretion, that your actions or your use of the Products or Services violate these Terms, our Terms of Use, or any other applicable terms related to the Product or Service, or any applicable law, or has harmed the Product, Service, or another user. If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion.

(d) Refunds.

YOU CAN RECEIVE A FULL REFUND FOR ANY SUBSCRIPTION PRODUCT OR SERVICE PURCHASE IF YOU CONTACT US TO CANCEL WITHIN THE FIRST THIRTY (30) DAYS AFTER YOU PURCHASE. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS OF SALE OR REQUIRED UNDER APPLICABLE LAW, NO REFUNDS WILL BE PROVIDED.

If we issue a discretionary refund or credit, we are under no obligation to issue the same or similar refund in the future.

9. Auto-Renewal

By purchasing a subscription, you agree that we may automatically charge your payment card at the selected interval, continuously until you affirmatively cancel your subscription. The amount charged will be the stated price (including any applicable taxes). You may cancel your subscription by logging on to your account on the Solution Center at https://gsshop.usga.org, emailing us at greensection@usga.org (we will respond within 10 business days) or calling us at 908-234-2300 between 9AM-5PM E.T., Monday to Friday (not available weekends or holidays). You must cancel your subscription prior to the start of the next subscription period in order to avoid incurring a charge for the upcoming period.

10. Account Registration

You must register an account prior to gaining access to the Website, App, and Services. By registering, you agree that all information provided in your profile (including the golf course that you are affiliated with) is accurate, current, and complete. It is your responsibility to keep your account information updated. We may refuse to grant you a username that is already being used in a registration or that we reject at our discretion. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, App, or Services, your account or any portions of thereof using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security.

11. Ownership

The Content, Website, App, Services and the information and materials that it contains are the property of USGA and its licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except where agreed in writing, nothing in these Terms transfers ownership in, or grants any license to, any of our intellectual property rights. USGA retains ownership of the Website, App, Services, and Content. USGA may use any feedback you provide in connection with your use of the App as part of its business operations.

12. End User License

Subject to these Terms, USGA hereby grants to you a nonexclusive, nontransferable, revocable, worldwide right to access and use the Services for your use and to download, install, and use the App on your mobile device that you own or control, during the term of your subscription, solely for your internal business operations. Your right to use the App is limited to your personal, non-commercial use only. The rights granted herein are generally limited to using the App as presented, except where expressly indicated on the App through a “Download” and/or “Print” button. You may also download and/or print certain designated content of the App to which those buttons are associated.

Except as permitted under these Terms, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, print, store or transmit any of the Content on the App. No right, title, or interest in or to the Content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the App not expressly permitted by these Terms is a breach of these Terms and may constitute violation of copyright, trademark, and other laws.

13. Restrictions on Use of the Website, App, Product, and Services

In addition to any other conditions or prohibitions expressed in these Terms, you may not:

(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity;

(b) use the Website, App, Product. or Services in any way that violates any applicable law or regulation (including, without limitation, intellectual property laws and any laws regarding the export of data or software to and from the US or other countries);

(c) use the Website, App, Product, or Services in any manner that could disable, overburden, damage, or impair the Website, App, Product, or Services or interfere with any other party's use of the App, that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm USGA, the App, or App users or expose them to liability;

(d) use any robot, spider, or other automatic device or process to access the Website or App for any purpose, including monitoring, scraping, or copying any of the Content or any other material contained on the Website or App;

(e) use any device, software, or routine that interferes with the proper working of the Website, App, Product, or Services, or otherwise attempt to interfere with the proper working of the Website, App, Product, or Services;

(f) introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful, or attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack;

(g) attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website, App, or Services, the server on which the Website or App is stored, or any server, computer, or database connected to the Website or App;

(h) circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage, or support anyone else’s attempt to do any of the foregoing) with the Website, App, Product, or Services or any portions thereof (including any software on the Website or App);

(i) insert advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Content or into any of User Generated Content;

(j) use, sublicense, redistribute, republish or exploit any part of the Website, App, Product, or Services or any Content for any commercial or promotional purposes, or contact any other user of the Website, App, Product, or Services for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Website, App, or Services;

(k) copy the Website, App, Product, or Services, or any parts thereof, for purposes of socially or commercially distributing such copies to another device or online; or

(l) alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon.

14. User Generated Content

As part of the Services, we encourage the sharing and discussion of ideas, comments, and solutions. Accordingly, you may be asked to share User Generated Content on or through the Website or App through use of the Services. The information and data that you provide or share through use of the Website or App will contribute to the community of users who use the Services and its database, which in turn will enhance the overall value and user experience of the Website, App, Services, and the Content.

1. You acknowledge and agree that:

(a) all User Generated Content becomes part of Content (as defined above) of the App (see Section 15 “Assignment of Rights to USGA”);

(b) you are responsible for all User Generated Content that you Post, and you, not USGA, have full responsibility for its legality, reliability, accuracy and appropriateness;

(c) you are submitting User Generated Content with the sole purpose of utilizing the Services, Website, or App for their intended purpose in accordance these Terms and to contribute to the greater golf maintenance community; and

(d) you represent and warrant that you own or control all rights in and to the User Generated Content at the time you post it, and you have the right to grant USGA the rights granted below.

2. When posting User Generated Content, in addition to all other terms, you agree that you will adhere to the following standards (collectively, “Content Standards”) and will not Post material that:

(a) is sexually explicit or pornographic;

(b) promotes or incites violence or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation, or age;

(d) pertains to or promotes any illegal activity, or advocates, promotes or assists any unlawful act;

(e) could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or the Privacy Policy;

(f) is intended to or will likely deceive any person;

(i) violates the legal rights (including the rights of publicity and privacy) of others;

(g) infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; or

(h) gives the impression that such material emanates from or is endorsed by the USGA or any other third-party person or entity.

15. Assignment of Rights to USGA

By Posting or sharing any User Generated Content on the Website or App, you irrevocably and expressly assign and grant to USGA in perpetuity all rights of any kind and nature throughout the universe, including any and all copyright, patent, trade secret, moral right, and other intellectual property rights, in and to such User Generated Content, including, but not limited to, the right to exploit such User Generated Content and the right to create any versions or derivative works of such User Generated Content. You agree that USGA has the exclusive rights to edit, adapt, combine with other materials, transform, add to, reproduce, and otherwise revise any User Generated Content, and to distribute, broadcast, telecast, cybercast, perform, publicly perform, store, index, categorize, display, publicly display, and otherwise use and exploit such User Generated Content in any and all manners or methods now known or later devised, and any and all works derived from such User Generated Content.

USGA shall own any derivative works created from the User Generated Content. USGA shall have the exclusive right to copyright any User Generated Content in its or its designee’s name, as the sole owner and author, to secure any and all renewals and extensions of such copyrights and to further assign such User Generated Content. You further acknowledge that our providing you rights to access and use the App is good and sufficient consideration for the rights you are granting to USGA; no payment or other consideration is due for this grant unless otherwise specifically stated.

You further irrevocably and exclusively grant and assign to USGA in perpetuity throughout the universe all rights now known or later recognized which you may have in any User Generated Content in the nature of neighboring rights or rights of remuneration or any right to collect any royalties, levies or other sums attributable to the use of any copyright, exploitation rights or other rights granted to USGA in such User Generated Content.

To the extent any such rights are not assignable, you expressly appoint USGA as the exclusive administrator of such rights with sole authority to administer and make collections for any such rights. Further, you waive and agree to waive in favor of USGA any moral right, similar law in any country of the world, or other right or claim that is contrary to the intent of a complete transfer of rights to USGA in each User Generated Content and agrees not to institute, support, maintain, or permit any action or lawsuit on the grounds that any use of the User Generated Content in any way constitutes an infringement of moral rights.

To the extent any rights in any User Generated Content are not assignable, you grant to USGA an irrevocable, paid-up, royalty free, perpetual, exclusive, sublicensable (directly or indirectly through multiple tiers), and transferable license throughout the universe to use and exploit and permit others to use and exploit such rights in any manner desired by USGA (and/or its successors, assigns and licensees) without restriction, obligation or accounting to you.

You agree to execute any documents (after being afforded a reasonable opportunity to review and/or confirm same) and do any other acts as may be reasonably required by USGA or its assignees or licensees to further evidence or effectuate USGA’s rights as set forth in these Terms, and you appoint USGA as your attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, to execute any and all such documents which you fail to execute and to do any and all such other acts that you fail to promptly do after reasonable request.

16. Representation and Warranty

You represent, warrant and covenant that: (a) you are the sole and original author and creator of the User Generated Content and that you have not and shall not incorporate into any User Generated Content any materials or intellectual property from any other person or entity; (b) you own all of the rights being conveyed to USGA herein; and (c) if any form of permission or release is required, that you have obtained or will be able to obtain the required release at your own expense to convey all the necessary rights to USGA as contemplated herein. You further represent, warrant and covenant that: (i) the User Generated Content is and shall be free and clear of all liens, claims, encumbrances or demands of third parties, including, without limitation, intellectual property rights, and you are not obligated to assign or transfer rights in any such User Generated Content to any other party; (ii) the User Generated Content may be freely exploited by USGA, and its successors, assigns and licensees, without any obligation or liability to any third party; and (iii) that the User Generated Content: (A) will not infringe or violate any right whatsoever, including, without limitation, any personal rights or any property rights of any person or entity; and (B) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. You further represent, warrant and covenant that: (I) you have the right to enter into, and make the grants and warranties in, this agreement; (II) you have not granted or transferred any rights in or to any User Generated Content to any third party; and (III) you have not done anything which has impaired and will not do anything to impair the rights granted to USGA in each User Generated Content in any way.

17. Monitoring and Termination

USGA has the right to: (a) remove or refuse to Post any Content for any reason in our sole discretion; (b) take any action with respect to any User Generated Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Generated Content violates these Terms (including the Content Standards), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, App, or Services, or the public or could create liability for USGA; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any Content on or through the Website or App; (e) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, App or Services; (f) terminate or suspend your account and/or access to all or part of the Website, App, or Services for any reason, including, without limitation, any violation of these Terms; or (g) terminate, change, suspend or discontinue in whole, or in part (e.g., any aspect of the Content or features of the Website, App, or Services), at any time with or without notice to users. BY USING THE WEBSITE, APP, OR SERVICES, YOU WAIVE AND HOLD HARMLESS USGA FROM ANY CLAIMS RESULTING FROM ANY OF THE ABOVE ACTIONS TAKEN BY USGA.

18. Removal of Content and DMCA Takedowns

We comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512). If you have any copyright concerns about any materials posted on the Website or App by others, please provide us with written notice ("Notice") by contacting our designated agent at the following address:

Copyright Agent

Law Department

United States Golf Association

77 Liberty Corner Road

Liberty Corner, NJ 07938

Phone: (908) 234-2300

Email: DMCA-agent@usga.org

To be effective, the Notice must include the following:

(a) A physical or electronic signature of the owner or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly being infringed upon;

(b) Information reasonably sufficient to permit USGA to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;

(c) Identification of the allegedly infringing material on the Website, App, or the Content ("Infringing Material"), and information reasonably sufficient to permit USGA to locate such material on the Website or App;

(d) Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works on the Website or App are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);

(e) A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

19. Website and App Content

The CONTENT contained ON the website or App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. We are not representing that all Content (as defined herein) is accurate, complete, or current. The material is provided AS-IS and any reliance on the Content of the App is at your own risk. The website and App contain certain historical information (i.e., data and information that are gathered in the past). Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the Content at any time, but we have no obligation to update any Content or other information on the website or App.

The Content presented on or through the Website or App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the Content. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to the Website or App, or by anyone who may be informed of any of the Content. This Website and App also includes Content provided by third parties (“Third Party Content”), including materials provided by other users of the Website or App (aka User Generated Content), third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in Third Party Content are solely the opinions and the responsibility of the person or entity providing the Third Party Content and do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any Third Party Content. If you decide to access any of the third party websites linked to or from this Website or App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The linked websites and content from the Website or App are not moderated by USGA, are not under USGA’s control, responsibility, or endorsement, and your access to any linked website or content is at your own risk. When leaving the Website or App using any link provided by us or a user, you should be aware that these Terms no longer govern, and you should review the terms and conditions, including privacy and data gathering practices, of that particular website. If you access a link through the Website or App and find materials to be in violation of these Terms, you may report the link to us.

We do not guarantee the accuracy of digital maps, metrics, or data incorporated as part of the Website, App, or Services.

20. WARRANTIES

USGA warrants the GS3 purchased through the Commerce Solution (as defined in the General Terms) and as provided in the USGA GS3 Limited Warranty.

21. DISCLAIMER OF WARRANTIES

IN ADDITION TO THE DISCLAIMER OF WARRANTIES SET FORTH IN SECTION 12 OF THE GENERAL TERMS, YOUR USE OF THE WEBSITE OR APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED OR DOWNLOADED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE WEBSITE OR APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED OR DOWNLOADED THROUGH THE WEBSITE OR APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER USGA NOR ANY PERSON ASSOCIATED WITH USGA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR APP OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER USGA NOR ANYONE ASSOCIATED WITH USGA REPRESENTS OR WARRANTS THAT THE WEBSITE OR APP, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED OR DOWNLOADED THROUGH THE WEBSITE OR APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR APP OR ANY SERVICES OR ITEMS OBTAINED OR DOWNLOADED THROUGH THE WEBSITE OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. USGA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. LIMITATION ON LIABILITY

IN ADDITION TO THE LIMITATION OF LIABILITY SET FORTH IN SECTION 12 OF THE GENERAL TERMS, IN NO EVENT WILL USGA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, APP, PRODUCT, OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR APP OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED OR DOWNLOADED THROUGH THE WEBSITE OR APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS DISCLAIMER AND LIMITATION ON LIABILITY IS IN ADDITION TO ANY DISCLAIMERS AND LIMITATIONS THAT APPLY TO ALL USGA WEBSITES.

23. CDMS PRODUCT INFORMATION AND SERVICES

CERTAIN PORTIONS OF THE SERVICES INCLUDE THIRD-PARTY PRODUCT INFORMATION PROVIDED BY OUR THIRD-PARTY LICENSOR, CDMS, THROUGH CDMS’ SEARCH RESULTS. CDMS product information displayed through the CDMS search results is provided “AS IS,” without warranty express or implied, and for information purposes only. USGA and CDMS endeavors to present current and accurate information, BUT YOU ACKNOWLEDGE AND AGREE THAT search results MAY contain information created and maintained by a variety of external sources that may not be current or complete. Neither CDMS nor USGA controls, monitors, or guarantees the timeliness or accuracy of the information provided by such external sources. Inclusion of a product in a search result does not constitute an endorsement of that product. It is your responsibility to review the official manufacturer product label information, applicable regulations, and otherwise research the accuracy, completeness, and usefulness of all information, claims, and opinions contained in these search results. In no event will USGA, CDMS or EITHER OF THEIR data providers be responsible or liable directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information contained in these search results, including information that is outdated or incorrect. The search results are provided under a limited nonexclusive, revocable, nontransferable license, and may not be redistributed or used to develop a stand-alone database. Further, the search results may include materials covered by registered copyrights and trademarks. All rights not expressly granted herein are reserved by the intellectual property owners. In no event shall the liability of USGA, CDMS, its officers, directors, and agents hereunder exceed $100 (USD) in the aggregate.

24. INDEMNIFICATION

IN ADDITION TO THE INDEMNIFICATION SET FORTH IN SECTION 13 OF THE GENERAL TERMS, YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS USGA, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (“USGA ENTITIES”) FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE WEBSITE, APP, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR USER GENERATED CONTENT, ANY USE OF THE WEBSITE OR APP CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE, APP, OR SERVICES. IF WE TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, WE WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO US.

25. General Release

You hereby release and hold harmless the USGA Entities with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of your User Generated Content or any of your other Postings transmitted or made available through the Website, App, or Services, the use of such content by the USGA Entities for any purpose, your use of the Website, App, Product, or Services, your violation of these Terms, or the violation by you or the USGA Entities of your or any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.

26. Governing Law

Any dispute arising out of or related to these Terms shall be governed by the internal laws of the State of New York, without regard to or application of its choice of law rules or conflicts-of-laws principles, except that the Arbitration provision of these Terms shall be governed by the Federal Arbitration Act. In the event that the Agreement to Arbitrate as set forth in the General Terms is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the state and county of New York, and both you and us agree to submit to the personal jurisdiction of the courts located within the state and county of New York, New York for the purpose of litigating all such claims or disputes.

27. Arbitration

All claims shall be resolved exclusively by binding arbitration as set forth in the General Terms.

28. Force Majeure

The Force Majeure Events terms set forth in the General Terms shall apply to the provision of Products and Services hereunder.

29. Miscellaneous

These Terms, the General Terms, the Terms of Use, the Privacy Policy, and any other USGA documents referenced herein or in such other documents sets forth the entire understanding between you and us with respect to your use of the Website and App and your purchase of Products and Services from us, and supersedes any and all prior or contemporaneous communications, agreements, and representations, whether written or oral, related thereto. No amendment to these Terms will be valid unless made in writing and signed by you and us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. USGA may engage the services of subcontractors or agents to assist the USGA in the performance of its obligations related to these Terms. You may not assign or transfer your rights under these Terms, and any purported assignment or transfer shall be void. No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us. The waiver of any breach of any term shall not be construed as a waiver of any subsequent breach or condition. If for any reason we determine or a court of competent jurisdiction finds any provision or portion of these Terms to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction: (a) these Terms will not be affected in other jurisdictions to the extent that such determination or finding has no application; and (b) in the relevant jurisdiction, the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect.