Terms and conditions

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Terms and conditions

Welcome to The PGA Golf Day/100 Holes Challenge Website designed and developed by Webdesign Phoenix. These terms and conditions govern your access to and use of this website and all of the tools and services that Webdesign Phoenix makes available to Administrators, Donors, Fundraisers, Nonprofits, Registrants and all other Users of this Webdesign Phoenix service, collectively called (Users) of the Webdesign Phoenix (the Developer) service (the Service). 

1. Responsibilities

(a) Your Responsibilities – In accordance with terms and conditions contained herein, by accessing the Service, you agree to:

(i) Be bound by the terms and conditions set forth herein or as otherwise agreed upon by your governing PGA Section as contained in the Web Development and Design Contract

(ii) Comply with the Privacy Policy in the form set forth herein or any conditions set forth by any third party websites

(iii) Comply with any rules of operation, technical specifications, contractual agreements with your appropriate PGA Section, or security procedures set forth by Webdesign Phoenix from time to time on the Service.

From time to time we may revise or modify these terms and conditions by posting the revised terms and conditions through a link on our Website or by some other means. Whether or not notice is given, you will be bound by the revised version of the terms and conditions for all subsequent uses of the Service. If you do not agree to any of the terms and conditions set forth herein, you may not use this Service.

(b) Webdesign Phoenix's Responsibilities to Users – In accordance with terms and conditions contained herein or as otherwise agreed upon with your governing PGA Section, if you are a User, you authorize Webdesign Phoenix to provide the following services (the Services). Webdesign Phoenix will:

(i) Process online donations (online Donations) made by individuals or entities (Donors) and be paid through the Webdesign Phoenix Service

(ii) Comply with the Privacy Policy in the form set forth herein or any conditions set forth by any third party websites

 (iii) Hold the funds received through online or offline Donations in a secure non-operating bank account

(iv) Remit funds to the designated Nonprofit or Section by check or electronically to the bank account designated, less (A) an initial setup fee or annual maintenance fee and (B) a base fee of 7.0% of online donations retained via the Webdesign Phoenix service as outlined in the Section Web Development and Design Contract. These fees are inclusive of all credit card processing and banking fees.

(v) Send a Thank You email and/or provide a transaction receipt to Donors. Webdesign Phoenix also periodically sends emails to fundraisers and donors and will also correspond regularly with certain Users via email to assist them in more effectively using the Webdesign Phoenix Service. Webdesign Phoenix may make available to Nonprofit Users (i.e., an individual authorized by a nonprofit organization whose supporters use the Website to raise money for such organization), online reports identifying the name, address, email and transaction accounting details of the individuals or entities that have made online Donations to their organization along with amount of the online donation.

(c) PGA Golf Day User Accounts. We make this Service available for use by all approved Users, the general public and Nonprofit Users, subject to these terms and conditions. When you use this Service for any purpose, you will be asked for your name, address, email address, and other information to identify yourself or your organization and you may be given the option to create a PGA Golf Day account. In order to access and use the Service aside from making a donation, you must complete the account creation process. Access to and use of password-protected and secure areas is restricted to users who have created an account or subscription. Any attempt to access restricted areas without authorization is prohibited. When you create an account with Webdesign Phoenix, you will need to choose a password to access the Webdesign Phoenix Services. You are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorized use of your password or other security breach, notify Webdesign Phoenix immediately.

2. Payments; Taxes
Donors will pay the online Donations by credit card, Paypal, or some other transfer of funds. The fees payable to Webdesign Phoenix pursuant to the Web Development and Design Contract will be paid at the time of the transaction. Donations will be distributed to the governing PGA Section within 30 days of the PGA Golf Day event. These payment schedules are subject to change at any time at the sole discretion of Webdesign Phoenix. All Users will be responsible for Federal and State Taxes which may or may not be associated with these transactions.

3. Donations to Nonprofits; Our fees
If you are an Administrator, Fundraiser or Donor, you are solely responsible for ensuring that you have selected the correct organization or person to fundraise for or donate to. All donations to nonprofits are made as unrestricted gifts and may not be specified for any particular purpose. The amount of donations to the nonprofit designated by you are charged on your credit card and paid to, and processed by, Webdesign Phoenix or its affiliates on such nonprofit organization’s behalf. Any payments of donations are final and non-refundable. The donations will be held in a non-operating bank account until such time as Webdesign Phoenix forwards the donations to the PGA Section, nonprofit or payee of funds. Your donations to the nonprofit designated by you will be net of fees as designated in the Web Development and Design Contract. This fee structure is subject to change from time to time at the sole discretion of Webdesign Phoenix. Users agree not to use an invalid or unauthorized credit card in making transactions on the Webdesign Phoenix site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the Users payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.

4. Information on Website
Any information, ideas or opinions posted by Users of the Webdesign Phoenix Service or Website do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. If you post any information, materials or other content on our website, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content you agree that you will not:
• Harass, defame, intimidate or threaten another user
• Interfere with another user’s rights to privacy
• Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business)
• Post any material that is obscene, offensive or indecent

• Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner

• Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise
• Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse)
• Advertise or sell any goods or services.

5. Partner Services
Our website may provide links to third-party websites or services and may link you automatically to sponsors’ or third party’s websites or services. We provide such links solely for the convenience of our Users. We do not review or endorse, and are not responsible for any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party websites or services.

6. Proprietary Rights

(a) Trademarked Material – You own all your marks provided by you in connection with your use of this Service (collectively, “Your Materials”). You hereby grant to Webdesign Phoenix a nonexclusive, royalty-free transferable, fully paid-up world-wide license to use, copy, display, transmit, publish and distribute Your Materials for the sole purpose of providing the services described in these terms and conditions. Without limiting the generality of the foregoing, you authorize Webdesign Phoenix to include your name and logo in a press release, case studies or other announcements and on the Webdesign Phoenix Website. Webdesign Phoenix obtains no other right, title or interest in Your Materials except as set forth herein.

(b) Webdesign Phoenix Material – Webdesign Phoenix and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by Webdesign Phoenix pursuant to these terms and conditions, including but not limited to the Services and any data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by Webdesign Phoenix.


7. Copyrights and Trademarks
Copyright for the Website is retained by Martina Bourque.   

The User represents and warrants that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Webdesign Phoenix for inclusion in the Website, or contributed to the Website in any way, are owned by the User, or that the User has permission from the rightful owner to use each of these elements. The User shall hold Webdesign Phoenix and its subcontractors harmless for, from and against any claim, liability, loss, cost or expense arising out of, resulting from, or in any way connected with a breach by the User of the foregoing warranty and representation.

8. Representations and Warranties; Disclaimers
Use of this Service is at your sole risk. Webdesign Phoenix provides the tools, the Website, and  Services on an “As Is”, “As Available” basis. Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable Federal, State and Local laws, regulations, ordinances and codes (including identifying and procuring required registrations, certificates and approvals and posting of any necessary bonds). Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant the licenses granted hereunder to Your Materials, have collected Your Materials in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of U.S. patent, copyright, trademark or trade secret); and that the use and provision of Your Materials as contemplated herein will not infringe upon any intellectual property, privacy or other rights of any third party. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. To the extent permitted by law, Webdesign Phoenix expressly disclaims any and all such other warranties. Webdesign Phoenix makes no representation as to whether all or any portion of the online Donations are tax deductible. Webdesign Phoenix will have no liability for any claim by any Federal or State Tax authority with respect to the characterization by you or any User on each of the applicable Federal and State Tax returns.

9. Indemnification
Users shall indemnify and hold Webdesign Phoenix and its subcontractors, agents, officers and employees harmless for, from and against any and all claims, liabilities, losses, costs or expenses, arising out of, resulting from, or in any way connected with the Website, including without limitation, liabilities which may arise out of or result from any service provided or performed or agreed to be performed or any product sold or otherwise distributed by any Users through the Website.

10. Limited Liability
User agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, warez, piracy, violations of privacy, computer viruses, harassment, any illegal or fraudulent activity, spamming, advocacy of an illegal activity, and any infringement of privacy.

User hereby agrees to indemnify and hold harmless Webdesign Phoenix for, from and against any claim, liability, loss, cost, or expense arising out of, resulting from or in any way connected with the User’s publication of material or use of those materials.

It is also understood that Webdesign Phoenix will not publish information over the Internet which may be used by another party to harm another. The Developer reserves the right to determine what is and is not suitable for publication.

11. Term and Termination
Your agreement to abide by these terms and conditions will commence automatically upon your initial use of this Service and continue until the earlier of (i) termination of your rights to use the Service by Webdesign Phoenix or (ii) your ceasing to use the Service. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12 shall survive any termination or expiration of these terms and conditions.

12. User Conduct
You must at all times use this Service in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display, promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses. You agree that you will comply with all applicable Local, State and Federal laws, statutes and regulations regarding use of this Website and Webdesign Phoenix tools and services.