Portal User Terms and Conditions

By using or accessing https://champhousing.usga.org/, a subdomain of such website, any mobile application for such websites or any other website operated by the United States Golf Association ("USGA") on which these Reservation Portal User Terms and Conditions are posted via a link or otherwise (each referred to herein as a "Site"), you acknowledge that you agree to and are subject to the following these Terms and Conditions, as well as our USGA Privacy Policy and the USGA Terms and Conditions (collectively, the "Terms"). If you do not fully agree to these Terms, and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. Under these Terms, "use" or "access" of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term "Site" includes, without limitation, any cached version thereof.

Each Site is operated by USGA. Unless otherwise specified, the entity controlling the Site you are accessing is referred to herein as "USGA" "we," "us" or "our". For the purposes of this agreement "you" means, collectively, the person using the Site or booking a certain property listed on the Site, which shall include all Hosts and Guests (as defined below).

You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and the USGA. You are not authorized to use the Site unless you are at least 18 years old and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.

If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.

1. USGA IS NOT A PARTY TO ANY AGREEMENTS BETWEEN HOSTS AND GUESTS

The Site is a neutral venue and USGA is not a party to any License Agreement, Booking Agreement, Rental Agreement or other transaction between users of the Site, including transactions between Hosts and Guests (as defined below). We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or booking a property through the Site. We do not own or manage, nor can we contract for, any property listed on a Site. The Site acts as a venue to allow property owners and their representatives ("Hosts" or "users") who advertise on the Site to offer one or more of their properties to be booked by others ("Guests" or "users") to be used by them and their invited guests, as well as a way for users to communicate with one another and enter into booking agreements or similar transactions. Because USGA is not a party to any license, booking, rental or other transactional agreement between Hosts and Guests, any part of an actual or potential transaction between a Host and Guest, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any property), and the ability of owners to license or rent a property or the ability of guests to contract for properties, are solely the responsibility of the Hosts and Guests. USGA shall not, by reason of your use of this Site or otherwise, be deemed to be your employee or agent, and we shall have no power to enter into any agreement on your behalf or bind you. Neither the USGA nor any of its affiliates, shareholders, members, directors, employees, contractors, agents or representatives are acting or are licensed as real estate brokers or real estate agents.

2. HOSTS AND GUESTS ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS

Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on or through the Site and any transaction they enter into on the Site or in connection with their use of the Site. Hosts further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their property and the conduct of licensing or renting their property, including but not limited to any and all laws, rules, regulations or other requirements relating to short-term rentals, taxes, credit cards, data and privacy, taxes, permits or license requirements, occupancy, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though USGA is not a party to any booking or other transaction and assumes no liability for legal or regulatory compliance pertaining to properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to a listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Hosts who accept credit card, banking or other payment information from Guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.

3. LISTINGS AND RESERVATIONS

As a Host, you will be able to list your property and relevant property information through this Site. Your property information will be displayed and made publicly available to any users of the Site. You will not be able to remove your listing once published without USGA approval. You can request that your property listing be removed prior to a Guest reserving your property, subject to USGA's approval in its sole discretion. Once your property is published on the Site, any user can reserve the property. Host will not be able to approve the Guest reservation. Once a Guest reserves the property, the listing will be immediately removed from the list of available properties on the Site. Once a Guest reserves your property, you will receive the Guest's contact information and will need to contact the Guest to complete the booking and rental transaction. This will require Host and Guest to separately execute the Booking Agreement and process the rental fees and any related transaction fees (e.g., taxes, processing fees). These transactions cannot be done through the USGA Championship Housing Reservation Portal. USGA is not a party to the Booking Agreement and does not receive or facilitate the exchange of any rental fees.

For Guests, once you reserve a listed property, your reservation will be sent to the Host along with your full name and email address. The Host will contact you to complete the booking and rental transaction.

4. BOOKING AGREEMENT

We may manage inquiries, quotes and booking agreements relating to the booking of a property on our Site. By entering into a property booking agreement ("Booking Agreement"), the Host and Guest each agree to the terms and conditions set forth in such Booking Agreement and such other terms displayed or made available to each user in the reservation process on our Site (including without limitation the cancellation and refund policies) effective as of the date that the user indicates acceptance of the Booking Agreement. You hereby acknowledge and agree that (a) you are fully responsible for such terms and conditions, (b) any Booking Agreement used, whether or not entered into through this Site or based on a sample provided by the Site, is used solely at your own risk and expense, (c) nothing contained in these Terms or the Booking Agreement or any sample booking agreement is a substitute for the advice of an attorney, and (d) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any booking agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the booking agreement as necessary to accurately represent a particular property, rules, features, etc.

5. LIMITED LICENSE TO USE THE SITE

Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

6. YOUR PERSONAL DATA AND USGA PRIVACY POLICY.

When you provide us with personal data in connection with your use or access to the Site, any service or tool provided on the Site, or otherwise, you acknowledge and agree that USGA will use your personal data in accordance with the USGA Privacy Policy. In addition, if you are a Guest, your personal data, including your full name and email address, will be shared with the Host and the Host will use such personal data to contact you in order to complete the transaction for a reservation. If you are a Host, your property information, including your address, will be shared with any Guest who reserves your property through the Site. Please review our Privacy Policy for more information regarding our personal data collection practices and safeguards, and how to opt.

7. IDENTITY VERIFICATION

User verification on the Internet is difficult and USGA cannot, and does not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to take reasonable measures to assure yourself of the other person's identity and, for Guests of the property, any relevant details of your booking or proposed booking.

You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.

We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE USGA NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S ID OR PASSWORD EXCEPT IF DUE TO USGA'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR SITE ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE USGA AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing or reservation at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

8. LIMITATIONS ON COMMUNICATIONS AND USE OF OTHER USERS' INFORMATION

You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a transaction between you and the other user related to the purpose of the Site (such as inquiring about a reservation, executing a booking, or exchanging funds or charging fees related to a reservation). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.

In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

Without limiting the foregoing, you are not licensed to add a Site user, even a user who has booked a property from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.

9. DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT OR SUBMITTED MATERIALS (AS DEFINED IN THE USGA TERMS OF USE WHICH ARE INCORORATED HEREIN) MAY BE READ OR INTERCEPTED BY OTHERS AND/OR MADE PUBLICLY AVAILABLE ON THE SITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND THE USGA OTHER THAN PURSUANT TO THESE TERMS.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the USGA, its affiliates, members, contractors, suppliers, officers, directors, representatives, agents, and employees (collectively, the "Indemnitees") from and against any and all demands, claims, lawsuits, liability, damages and costs (including, without limitation, attorneys' fees) that arise from or relate to (i) your use or misuse of the Site, (ii) any content or the Submitted Materials that you submit through the Site, or (iii) any breach or alleged breach of any laws, rules or regulations or your obligations set forth in the Terms. USGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not settle any matter without the written consent of USGA. You shall cooperate as fully as reasonably required in the defense of any claim.

11. LIMITATION OF LIABILITY

IN NO EVENT WILL USGA NOR ANY OF ITS AFFILIATED ENTITIES, SHAREHOLDERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE "USGA AFFILIATES") BE LIABLE FOR ANY DELAYS, ACCIDENTS, DAMAGES, INJURIES OR LOSSES SUFFERED BY HOSTS, GUESTS OR THE PROPERTY. USGA IS NOT RESPONSIBLE OR LIABLE FOR MANAGING OR MAINTAINING THE PROPERTY OR FOR THE ACTIONS, INACTIONS OR FAULTS OF ANY HOST OR ANY OTHER THIRD PARTY INVOLVED IN THE BOOKING OR MANAGEMENT OF THE PROPERTY. IN NO EVENT WILL USGA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE BOOKING, LICENSE OR USE OF THE PROPERTY. IF, DESPITE THE LIMITATIONS CONTAINED IN THIS AGREEMENT, USGA IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY IN CONNECTION WITH THE AGREEMENT, THEN USGA'S LIABILITY WILL IN NO EVENT EXCEED THE ONE THOUSAND DOLLARS ($1,000.00).

12. FORCE MAJEURE

You agree that the USGA and its affiliates is not liable under the Terms for any damages, losses or injuries caused by events or circumstances that are outside our reasonable control, including, without limitation, any fire, flood, hurricane, tsunami, war, revolution, terrorism or change to any law, regulation or government policy.

13. MISCELLANEOUS PROVISIONS

a. Travel.

Guests assume all risk related to travel to and from the property. USGA does not represent or warrant that travel to any destination is advisable or without risk and shall not be liable for damages or losses that may result from travel to such destinations. USGA is not responsible for weather or seasonal conditions, which may affect your use of any property and surrounding areas, including, but not limited to, beaches and roads, or your ability to travel to or from any property. USGA shall not be held responsible for any limited signal strength, absence and/or interruption in telecommunication services, including, but not limited to, internet, phone, cable and satellite reception.

b. Governing Law.

This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of New York without regard to conflict or conflict of law principles.

c. Dispute Resolution.

As a condition precedent to any other legal recourse (unless such legal recourse seeks injunctive relief), any parties to a dispute involving the Site shall make good faith efforts to come to resolution. An initial meeting to resolve the dispute shall be conducted by the parties at a meeting to be held via teleconference within fourteen (14) working days of a written request, which request shall specify in reasonable detail the nature of the dispute to be resolved at such meeting. The meeting shall be attended by representatives of the parties and any other person that may be affected in any material respect by the resolution of such disputes. Such representatives shall have authority to settle the dispute and shall attempt in good faith to resolve the dispute. The parties shall submit any unresolved dispute to mandatory, final, binding arbitration held before a neutral, single arbitrator by the Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, as modified herein. The place of arbitration shall be New Jersey and this Agreement shall be governed by the laws of New Jersey without giving effect to the conflict of laws principles thereof, provided, however, that if requested by the user, the arbitrator may schedule an in-person hearing in the user's place of residence for convenience. The content and existence of the arbitration shall be confidential and shall not be shared by any party with exception to the extent required by law. By agreeing to individual arbitration, you acknowledge that rights you would have in court will not be available or will be more limited in arbitration, including the right to appeal.

Each party shall bear its own costs, expenses, and attorneys' fees in connection with the arbitration. The prevailing party may recover reasonable costs and attorney's fees if awarded by the arbitrator. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated exclusively to the single selected arbitrator pursuant to this provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. If any provision or part of these Terms is held to be illegal or unenforceable such provision or part thereof shall be modified to the least extent necessary to render such provision legal, enforceable, and effective, or, if no such modification is possible, such provision or part thereof shall be severable, such that any and all other provisions in and referenced in these Terms remain valid and binding.

USERS, INCLUDING ANY HOST OR GUEST AND ANY PERSONS STAYING OR USING THE PROPERTY WHO WERE INVITED BY A GUEST, AND USGA EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF A USER DOES NOT CONSENT TO THIS CLAUSE, THE USER MUST NOT USE THE SITE.

In the event of a conflict between the Booking Agreement and these terms and conditions, these terms and conditions will apply.

If it is determined that this Section 13(b) is not enforceable as to a particular claim or request for relief, then the parties agree that such particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims.

Notwithstanding the foregoing, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.

d. Assignment.

This Reservation Portal User Terms and Conditions and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. USGA may assign this Agreement to any successor entity. Users may not assign without the written permission of USGA. Any unauthorized assignment shall be deemed null and void.

e. Severability.

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Reservation Portal User Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms will continue in full force and effect.

f. No Waiver.

No waiver of or by the USGA shall be deemed a waiver of any subsequent default of the same provision of this Agreement.

g. Complete Agreement.

This Reservation Portal User Terms and Conditions constitutes the entire agreement between the parties with respect to your access and use of the Site, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.

14. MODIFICATIONS

USGA reserves the right to change any of the provisions posted herein and you agree to review the Terms each time you visit the Site. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of such changes. USGA does not and will not assume any obligation to provide you with notice of any change to the Terms and you acknowledge and agree to the same. Unless accepted by the USGA in writing, you may not amend these Terms in any way.