1. Proprietary Rights. As between you and the PRGA, and except for your Submitted Materials (as defined in Section 5 below), the PRGA owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, scoring information, games, widgets, gadgets, applets, other distributable applications, handicapping materials, other visuals, video, copy and software), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the PRGA Site, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the PRGA Site does not grant to you ownership or title of, in or to any Site Content or any other part of the PRGA Site.
3. Trademarks. The trademarks, logos, service marks and trade names that may be displayed on the PRGA Site or on Site Content are registered and unregistered trademarks of the PRGA and other persons (collectively, the “Trademarks”), and may not be used unless authorized by the Trademark owner. Nothing contained on the PRGA Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the PRGA Sites without the PRGA’s written permission or that of the third party rights holder.
6. Rules of Conduct. While accessing or using the PRGA Site, the Site Content and the various other features available on the PRGA Site, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular PRGA Site, areas or features on the PRGA, you agree that you shall not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on the PRGA Site (including, for example and without limitation, in an RSS feed or podcast received from the PRGA or otherwise through a PRGA Site), or into any of your Submitted Materials that you may submit to any Forum or any other areas of the PRGA Sites;
- use, redistribute, republish or exploit any part of the PRGA Site or any Site Content (including, for example and without limitation, an RSS feed or a podcast on a PRGA Site) for any commercial or promotional purposes, or contact any other user of the PRGA Sites for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on a PRGA Site or in a Forum on a PRGA Site;
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site 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;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the PRGA Sites through any means, including through means not intentionally made publicly available or provided for through the PRGA Sites;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information from or through the PRGA Sites, including, without limitation, any information residing on any server or database connected to the PRGA Sites;
- use the PRGA Sites or its features and services in any manner that could interrupt, damage, disable, overburden or impair the PRGA Sites or interfere with any other party's use and enjoyment of the PRGA Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- 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 PRGA Sites or its services or any software on the PRGA Sites;
- create any links from a PRGA Site (or include any links in your submissions to any Forum or any other part of a PRGA Site) directed to Web sites or content owned or maintained by third parties;
- frame any third-party sites or content, in any manner that would constitute or could be interpreted as an endorsement or sponsorship by the PRGA of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites;
- upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- use the PRGA Sites or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
- use the PRGA Sites or its services (or any Site Content), in whole or in part, in violation of any applicable law.
11. Orders for Products and Services. We may make certain products and services available for purchase or download to users of the PRGA Sites. You may only order products or services if, and you hereby represent and warrant that, you are domiciled in the United States or Puerto Rico and you are 18 years old (or the age of majority in your jurisdiction) or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the PRGA. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you may be able to purchase or download on or through the PRGA Sites may be subject to additional terms and conditions presented to you at the time of such purchase or download.
12. Linking to the PRGA Sites. You agree that, without the prior express permission of the PRGA: (a) if you include a link from any other web site to the any PRGA Site, such link shall open in a new browser window and shall link to the home page of a PRGA Site; (b) you are not permitted to link directly to any image hosted on the PRGA Sites, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site; and (c) you may not link from any other web site to a PRGA Site in any manner such that a PRGA Site, or any page of a PRGA Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to any PRGA Site signifies that you have read the restrictions described herein and agree to abide by their terms. The PRGA may, in its sole discretion, insist that any link to a PRGA Site be discontinued, and the PRGA may revoke your right to link to a PRGA Site from any other web site at any time upon written notice to you.
13. Third Party Web Sites. You may be able to link from the PRGA Sites to third party web sites and third party web sites may link to the PRGA Sites (“Linked Sites”). You acknowledge and agree that the PRGA has no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by the PRGA. If you choose to rely on any Linked Site, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice.
14. DISCLAIMER OF WARRANTIES. THE PRGA SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE PRGA HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE PRGA DOES NOT WARRANT THAT THE PRGA SITES, THE SERVICES, THE FORUMS OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE PRGA MAKES NO WARRANTY THAT THE PRGA SITES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE USGA, OR FROM OR THROUGH THE PRGA SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE PRGA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE PRGA SITES OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE PRGA SITES. IF YOU ARE DISSATISFIED WITH THE PRGA SITES, YOU SHOULD DISCONTINUE USING THE PRGA SITES. THE PRGA DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE PRGA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE PRGA SITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE PRGA SITES, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE PRGA AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA ANY PRGA SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE PRGA SITES OR IN CORRESPONDENCE WITH THE PRGA OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE PRGA SITES ARE PROVIDED BY THE PRGA (OR ITS LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE PRGA OR ITS LICENSOR OR SUPPLIER.
16. Jurisdictional Issues. The PRGA Sites are intended for users who are located in the United States of America. The PRGA does not represent that materials on the PRGA Sites are appropriate or available for use in other locations. Persons who choose to access the PRGA Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the PRGA Sites is further subject to United States export controls. No software from the PRGA Sites may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Copyright. We respect the intellectual property rights of others, and require that the people who use the PRGA Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the PRGA’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.
We will respond to notices of claimed copyright infringement in accordance with the DMCA.
Effective Date: October 27, 2020