WELCOME TO MALASKA GOLF
A. This Site is for Informational Purposes Only and Does Not Provide Medical Advice.
The Sites and Services offer sports-related health, fitness, training and nutrition information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, FITNESS OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Sites or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Sites or through the Services and no assurance can be given that the information contained in the Sites or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Sites and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Sites or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Sites, you do so solely at your own risk.
B. User Obligations.
You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Sites and Services. You also acknowledge and agree that your use of the Internet and access to the Sites is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Malaska Golf is not responsible for the security of any information transmitted to or from the Sites. Malaska Golf reserves the right to prohibit or terminate use of or access to the Sites at any time, without notice, for any reason whatsoever.
C. License Grant.
This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Sites conditioned on your continued compliance with these TOU. You may print and download materials and information from the Sites solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
D. Prohibited Activities.
You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Malaska Golf, its Licensors or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services; 2. Access the Sites or Services by any means other than through the standard industry-accepted or Malaska Golf provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local, state, national or international law, rule or regulation or use the Sites and/or the Services for any purpose that is prohibited by these TOU; 6. Manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for any Malaska Golf product or service if you are not expressly authorized by such party to do so; 8. Use the Sites or the Services in any manner that could damage, disable, overburden or impair Malaska Golf’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services; 9. Gain or attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to Malaska Golf through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services or harvest or otherwise collect information about other users without their consent; 11. Use the sites in any manner that could damage, disparage, or otherwise negatively impact Malaska Golf. In addition, you agree to comply with our Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY MALASKA GOLF TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
E. Message Boards and Posting Guidelines.
Malaska Golf hosts message boards, chats and other public forums on its Sites and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Sites. These are public forums and any information that you post on the Sites or through the Services may be seen by anyone on the Internet. Any user will have the ability to edit or delete their own posts after posting. When posting information on the Sites or through the Services, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts.
In addition to the prohibited activities described above, when posting information and media on the Sites or through the Services you must not:
- Post anything that interferes with or disrupts the Sites or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Sites;
- Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
- Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
- Post or upload personal information, pictures, videos or any other media of another person without their express permission;
- Delete or revise any material posted by any other person or entity;
- Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Post statements or materials that in any way harm minors;
- Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Malaska Golf;
- Post statements or materials that misrepresent your affiliation with any entity and/or Malaska Golf;
- Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
- Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
- Post material that in the sole judgment of Malaska Golf is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Site, or which may expose Malaska Golf or its users to harm or liability of any nature; or
- Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. Malaska Golf does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. Malaska Golf or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. Malaska Golf and its Licensors expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Malaska Golf, its Licensors, or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Malaska Golf, its Licensors or any of their subsidiaries or affiliates. Malaska Golf and its Licensors have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. Malaska Golf employees typically moderate our boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, Malaska Golf and Malaska Golf’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms. By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submission Materials”), or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to Malaska Golf shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow Malaska Golf’s use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
F. Commercial Transactions.
Certain products or services may be offered for sale on the Sites or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Malaska Golf or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Malaska Golf with your credit card number and associated payment information, you agree that Malaska Golf and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Malaska Golf of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees. To review the billing terms on your account or to terminate a subscription service, you may email [email protected]
G. Third Party Content.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Sites by third parties, including information providers, are those of the respective authors or distributors and not Malaska Golf. Neither Malaska Golf, its Licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Malaska Golf nor its Licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Sites or Services by anyone other than an authorized Malaska Golf or Licensor representative while acting in his/her official capacity. You may be exposed through the Sites or Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Sites and Services at your own risk. We take no responsibility for your exposure to third party content on the Sites or the Services. Malaska Golf and its Licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Sites or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.
H. Sweepstakes, Contests and Games.
If Malaska Golf conducts a sweepstake, contest, or game on the Sites, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
I. Accounts, Passwords and Security.
If any of the Sites or Services require you to open an account, you must complete the registration process by providing Malaska Golf with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Malaska Golf which is untrue, inaccurate, not current or incomplete, Malaska Golf reserves the right to terminate your access and use of the Sites and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Malaska Golf immediately of any unauthorized use of your account or any other breach of security. Neither Malaska Golf nor its Licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Malaska Golf, its Licensors or another party due to someone else using your account or password.
J. Linking to the Sites.
We reserve the right to disallow you to link to the Sites at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Sites. In the absence of a written agreement with us specifying how you may link to the Sites, use the following guidelines for adding one or more links to the Sites from your website:
- The link must be a text-only link that clearly includes the URL of the applicable Site;
- If the link points to any page on a Site other than the home page, the text link must also include the title of the target landing page;
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks;
- The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us;
- The link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
- The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
K. Disclaimer Regarding Linked Third Party Sites.
The links on any of the Sites and/or Services will let you leave the particular Sites or Service you are accessing in order to access a linked third party site (the “Linked Sites”). Malaska Golf provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Malaska Golf reviewed or approved the content which appears on the Linked Sites. Malaska Golf is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that Malaska Golf shall not 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 any of the links, content, goods or services available on or through the Linked Sites.
L. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Malaska Golf shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
N. Disclaimer of Warranties.
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR INSTRUCTION FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MALASKA GOLF, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.
O. Limitation of Liability.
NEITHER MALASKA GOLF NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MALASKA GOLF OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Malaska Golf and its Licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOU; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services.
Q. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Malaska Golf infringe your copyright, you or your agent may send to Malaska Golf a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Malaska Golf actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Malaska Golf a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Malaska Golf’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected] We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
R. Jurisdictional Issues.
Malaska Golf makes no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Malaska Golf reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
You agree that Malaska Golf, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Sites or Services, and remove and discard any content within the Sites or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
T. Governing Law.
These TOU and the relationship between you and Malaska Golf shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. You and Malaska Golf irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Mesa, in the State of Arizona, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
U. Waiver and Severability.
The failure of Malaska Golf to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
V. Successors and Assigns.
We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Malaska Golf or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.
We may modify these TOU at any time, as we deem appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Sites and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Sites or Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We reserve the right to modify or discontinue the Sites or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Sites or Services. If you object to any such changes, your sole recourse will be to cease access to the Sites or Services. Continued access to the Sites or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Sites or Services as so modified and your use of new Services will be governed by these TOU.
Date of Last Revision: November 1, 2016
Malaska Golf, LLC and its subsidiaries (“Malaska Golf,” “us” or “we”) operates this website (the “Site”), and other instructional, sports, health, wellness, diet and fitness websites that are part of the Malaska Golf portfolio of websites (collectively, the “Sites”) and the services related to or offered on the Sites (hereinafter, the “Services”). Some of the Sites are websites that we operate on behalf of third party partnerships, for example, playeverything.com, (collectively, “Licensors”). Malaska Golf’s Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Sites or provided through the Sites.
To be clear about the terminology we are using, when we use the phrase “Personal Information” in this Policy, we mean information that can be used to identify or contact a person, like a person’s full name, address, e-mail address, or phone number. When we use the phrase “Anonymous Information” in this Policy, we mean information that cannot reasonably be used to identify individual persons.
In addition to this general Policy, each Service may have additional privacy provisions that are specific to the particular Service. These supplemental disclosures are made adjacent to the particular Service at the time we collect the information. These supplemental disclosures also govern the use of your information.
A. INFORMATION WE GATHER
We collect information about you in the following ways:
Information you voluntarily provide us:
We collect and maintain information that you voluntarily submit to us during your use of the Sites and Services. For example:
- when you register for a Site, you may provide us certain information including your name, email address, screen name, password, demographic information and the health topics that interest you;
- to engage a Site’s social networking function, you may add to your profile by providing information about your interests or golf topics. For example, your profile may list your handicap, number of rounds you play each year, preferred equipment brand;
- if you sign up to receive a newsletter, enter a contest or participate in social networking activities, you may provide us contact information (e.g., email or physical address);
- if you purchase a product or service, you may provide us your credit card information; and
- you may provide us with Personal Information in the course of email, customer support interactions and surveys.
You can choose not to provide us with certain information, but this may stop you from gaining access to a Service or limit the features that you can use. For more information, please see the How We Use Your Information section below.
Information we collect through your use of the Site.
As you use the Site and Services, certain information may also be passively collected. Through cookies, pixels, beacons, log files and other technologies; we may collect information about how you use the Site and the Services. For example we may determine through an IP address that a particular computer or device is located in New York City, and we may use this information to deliver advertisements promoting New York City-based businesses. This information allows us to deliver more helpful information, programs, tools and advertisements. Please see the Cookies and Targeted Advertising sections below for more information.
Information we receive from third parties.
We may also combine online and/or offline information received from third parties with the information we have already collected from you via our Sites and Services. The third party information is used for a variety of purposes including to verify other information about you (e.g., verify your mailing address to send you requested products or services) and to enhance the content and advertising we provide to you.
B. HOW WE USE YOUR INFORMATION
We will use your Personal Information in the ways described below or described at the time that the information is collected.
To Provide the Sites and Services.
In general, we use your Personal Information as necessary or appropriate for purposes including to:
- administer your account;
- register you and provide you access to the Site or Services;
- respond to inquiries or requests that you direct to us;
- fulfill your requests for products or services;
- send communications and administrative emails about the Sites or Services;
- personalize and better tailor the features, performance and support of the Sites and Services for your use;
- send you promotional/marketing information, newsletters, offers or other information regarding opportunities and functionality that we think would be of particular interest to you;
- improve the quality of the Site and the Services, and
- analyze, benchmark and conduct research on user data and user interactions with the Site and Services.
C. COOKIES AND TARGETED ADVERTISING
Cookies, Web Beacons and IP Address Information.
Cookies can be removed by following your Internet browser’s directions within the help tab. In order to use certain Services offered through the Sites, your web browser must accept cookies. If you choose to disable cookies, some aspects of the Sites may not work properly, and you may not be able to access our Services.
An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. We, or our service providers, may use your IP Address when you access the Sites or Services or use other means to assist with delivering geographically targeted advertisements or information.
You can choose to limit Behavioral Advertising on the Sites by clicking here and opting-out of cookies placed by those vendors listed. After you opt-out, you will still see advertisements but the advertising may not be as relevant to your interests. If you change your computer, change your browser, or delete your cookies, you will need to renew your opt-out. Our Sites currently are not setup to process or respond to “Do Not Track” settings or signals from web browsers. We do adhere to the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance (for more information click here).
Information Collected by Third Party Advertisers.
Many third party vendors that engage in Behavioral Advertising participate in the Network Advertising Initiative (NAI) and/or the Digital Advertising Alliance (DAA) and abide by NAI and/or DAA principles. If you wish to opt out of participating in advertising programs conducted by NAI and DAA members or learn more about the NAI and DAA, please go to the NAI Opt-Out website and DAA Choice Page and follow the instructions. After you opt-out, you will still see advertisements, but the advertising may not be as relevant to your interests. If you change your computer, change your browser or delete your cookies, you will need to renew your opt-out.
D. HOW WE DISCLOSE INFORMATION TO THIRD PARTIES
We may share your Personal Information with third parties as specifically approved by you or under the circumstances described below. If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Policy, you should not use the Site or Services.
Disclosure for legal reasons.
We may disclose and release your Personal Information to third parties: (a) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (b) in special cases, such as a physical threat to you or others, a threat to homeland security, a threat to our system or network, or in any cases in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, illegal conduct or a violation or alleged violation of this Policy or other agreement we may have with you.
Agents and Contractors.
We may provide your Personal Information to service providers who work on our behalf or help us to operate our business, the Sites and the Services. Examples of such service providers include vendors and suppliers that provide us with technology, services, and/or content for sending email, analyzing data, research, providing advertising and marketing assistance, processing payments (including credit card payments), and providing customer service. Access to your Personal Information by these service providers is limited to the information reasonably necessary to perform its limited function.
Aggregated, Anonymous Information.
We may share aggregated Anonymous Information about you with third parties. Aggregated information is your Anonymous Information that is combined with the Anonymous Information of other users.
Contests, sweepstakes and polls.
When you participate in a Promotion, you are subject to any official rules for that Promotion, which may contain additional information about the specific privacy practices associated with the Promotion.
Sponsors, Advertisers, Merchants and other ways that you approve at the time of collection.
We may share the Personal Information you provide when you register for the Site and Services with certain advertisers and sponsors. There is no current list of advertisers outside of Malaska Golf who receive registration information at this time. But, Malaska Golf reserves the right to share registration information with “Advertisers” in the future.
Within our Company; Changes to our Company.
We may share your Personal Information with any of our subsidiaries, joint ventures, or other companies under common control. Additionally, in the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Policy.
E. MESSAGE BOARDS AND CHATS
We may make message boards, chat rooms, and other interactive forums available as part of the Services. You should be aware that any information which you post to these interactive forums or otherwise choose to make publicly available, including your Personal Information, may be disclosed and available to all users who have access to that portion of the Site or Services. By using these interactive forums, you agree that we are not responsible for any information that you disclose or communicate in such forums, and any disclosures you make are at your own risk.
F. CHILDREN’S INFORMATION
The Site and Services are not directed or intended for children under 18 years of age. We do not knowingly collect Personal Information from individuals under 18 years of age. If you are under 18 years of age, you should not register or provide Personal Information on the Site or through the Services. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at [email protected] so that we may delete and remove such child’s information from our systems.
G. UPDATING AND CONTROL OF YOUR PERSONAL INFORMATION
We offer you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail or newsletter you receive or by editing your preference to receive these communications within the “Manage My Email” or similar feature on the individual Sites when you are logged in as a registered user.
If your Personal Information changes or if you no longer desire to use or access one of the Sites or Services, we encourage you to correct, update or remove the Personal Information from your profile. This can be done at the “Profile” or “My Account” section on this Site. Keep in mind, however, that even if you delete information from your profile, we may retain your Personal Information in conformance with our data retention policy and Personal Information may remain within our databases, access logs, and other records. In addition, we are not responsible for updating or removing your Personal Information contained in the lists or databases of third parties who have been provided information as permitted by this Policy.
H. THIRD PARTY LINKS
The Sites may link to websites operated by third parties that we do not control. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Policy applies solely to information collected by us through the Sites or Services and does not apply to these third party websites. The ability to access information of third parties from the Sites or Services, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations or their content.
We place a priority on the security of Personal Information, and we undertake reasonable security measures to help protect the data that resides on our servers. We also use secure server software (SSL) to process all financial transactions that occur on the Site. SSL technology can encrypt Personal Information transmitted over the Internet. However, no security system is impenetrable. We do not warrant the security of our servers, nor do we warrant that your information, including Personal Information, will be completely secure or not be intercepted while being transmitted over the Internet.
J. HOW TO CONTACT US
If you have any questions regarding privacy or this Policy, you may contact us as follows:
Email: [email protected]
We reserve the right to change, modify, add or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. Your continued use of the Site or Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to bookmark this Web page and review this Policy regularly.