Terms of Use Agreement for GCSAA.org

Definition

The services offered by GCSAA.org ("gcsaa.org" or "we") include the gcsaa.org Web site, the GCM online magazine, Newsweekly newsletter, GCSAA This Week newsletter and any other features, content, or information offered in connection with the GCSAA Web site (collectively Golf Course Superintendents Association of America).

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the GCSAA services. By using the GCSAA services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the GCSAA Web site), are a nonmember registered user “Site Registered Nonmember” (which means that you have registered with GCSAA.org but are not a member) or you are a "Site Registered Member" (which means that you have registered with GCSAA.org and are a member ). The term "User" refers to a visitor, site registered nonmember or a site registered member. You are only authorized to use the GCSAA services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this agreement. Please read this agreement carefully and save it. If you do not agree with it, you should leave the GCSAA Web site and discontinue use of the GCSAA services immediately. If you wish to become a site registered user, communicate with other users and make use of the GCSAA services, you must read this agreement and indicate your acceptance during the registration process.

This agreement includes GCSAA.org’s policy for acceptable use of the GCSAA services and content posted on the GCSAA Web site, your rights, obligations and restrictions regarding your use of the GCSAA services and GCSAA.org’s privacy policy.

Use of Communications Forums

To the extent these sites contain forums, chat rooms, or other message or communication facilities, the user agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum.

You agree to NOT post anything that

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter or contains a link to an adult Web site;
  5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  10. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  12. includes a photograph of another person that you have posted without that person's consent.

Term and Termination

This agreement will take effect at the time you begin using this site (thereby indicating acceptance of these terms and conditions). We reserve the right at any time and for any reason to deny you access to the site or any portion thereof, and to terminate this agreement. Termination will be effective without notice unless otherwise provided.

Third-Party Information and Web Sites

Certain information from third parties or independent information providers may be made available on or through links from this site for your convenience in locating related information and services. Such information is provided “as is” and on an “as available” basis and is maintained by third parties over which we exercise no control. We make no representation about, nor do we guarantee or endorse the reliability of the information. Likewise, we do not endorse, oppose or edit any opinion or analysis expressed by any third-party information provider.

WE MAKE NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD‑PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD‑PARTY SITE.

Advertisers on this Site

We, in sole discretion, may post advertisements of third parties on the site. Your correspondence or any other dealings with advertisers found on this site are solely between you and such advertiser. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this site. Moreover, we shall not be responsible or liable for the statements or conduct of any third party on this site. You shall not knowingly or intentionally interfere with the display of such advertisements.

Indemnity

As a condition of use of these sites, you, the end user, agree to indemnify GCSAA, and its directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of these sites, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

Site Registration

Certain areas of GCSAA.org may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of GCSAA.org. You may also provide information to gcsaa.org in other contexts, including for example in order to enter a sweepstakes or promotion. When you become a site registered user of gcsaa.org or provide information to gcsaa.org in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited (except in those specific areas of gcsaa.org that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms). You agree that gcsaa.org may use the information you provide to us according to the privacy policy on our site.

If you become a site registered user of gcsaa.org, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your site registered user rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access gcsaa.org using your name in whole or in part.

GCSAA reserves the right to modify, suspend, discontinue or restrict the use of any portion of gcsaa.org, including the availability of any portion of the content at any time, without notice or liability. GCSAA may deny access to any person or user at any time for any reason or terminate site registration and deny access to the site to any person who violates this Terms of Use Agreement.

Copyrights and Copyright Agent

GCSAA.org contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, video, graphics, music and sound, and the entire contents of GCSAA.org are copyrighted as a collective work under the United States copyright laws. GCSAA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The site registered user may download copyrighted material for the user's personal or chapter’s use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of GCSAA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The site registered user acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

To obtain a copyright release contact:
By USPS or Courier:
GCSAA
Attn: Managing Director, Marketing and Communications
1421 Research Park Drive
Lawrence, KS 66049

By e-mail: Managing Director, Marketing and Communications

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.