2024 Privacy Policy

Terms of Use

Last Updated: 1/01/2024

Welcome to the Asia-Pacific Amateur Championship (AAC) website (the "Site"). We maintain the Site for your personal, non-commercial use, intended for entertainment and informational purposes only.

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE SITE. Your use of the Site signifies your agreement to these Terms. Each time you access or use the Site, you agree to be bound by these Terms of Use and any additional terms that will apply to you. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.

SITE MATERIALS

We (or our licensors) own all content and materials on the Site, including, without limitation, all information, software, images, photographs, videos, and other materials, trademarks, service marks, trade names, trade dress, and copyrights. Material from the Site may not be copied, displayed, distributed, downloaded, licensed, modified or used to create a derivative work, published, reposted, reproduced, sold, or transmitted, in whole or in part, for any purpose, including public or commercial purposes. Any use for public or commercial purposes or in any way that is unlawful or harms us or any other person or entity, as determined in our sole discretion is prohibited. All rights not expressly granted to you in these terms are reserved by us. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark, or other intellectual right we may have or that of any other person or entity.

We may change the Site or delete content or features in any way, at any time and for any reason or no reason.

ELIGIBILITY

Access to the Site may be prohibited in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access. The Site is a general audience site and is not intended for use by children. Children accessing the Site should get permission and assistance of a parent or guardian to use the Site.

RESTRICTIONS

Unless you have first obtained our non-electronic consent in each instance, you may not:

create a link to this Site;

take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;

use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;

use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site to harvest or otherwise collect information from the Site;

frame or utilize framing techniques to enclose any trademark, logo, or other proprietary content (including page layout, or form); use any meta tags or any other "hidden text" utilizing our name or trademarks; or

attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.

You further agree not to violate or attempt to violate the security of the Site, including, without limitation:

accessing data not intended for you or that you are not authorized to access;

attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing" the Site; or

forging any packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.

We may investigate occurrences that may involve violations of the security of the Site or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

COMPLIANCE WITH LAW

We reserve the right to comply with any subpoena, order or otherwise cooperate with law enforcement or other government officials or any other party regarding the identification of any user alleged to be using the Site in violation of the law. If we deem appropriate, in our sole discretion, we reserve the right to preserve a record of any interactions you have with the Site and turn all or a portion thereof over to such parties.

CONTENT LINKED TO THE SITE

The Site may contain links to other websites and applications that are not created or maintained by us. We are not responsible in any way for those websites or applications, including for content, materials, terms of use, or privacy policies on those websites or applications. We are not responsible for the accuracy, relevance, timeliness, or completeness of those third-party websites and applications. The inclusion of any link to any websites or applications does not imply our endorsement, sponsorship, or recommendation of the website or application. We disclaim any liability for links (a) from another website or application to our Site and (b) to another website or application from our Site. We cannot guarantee the standards of any website or application to which links are provided on our Site. For this reason, we do not represent or warrant that the contents of any third-party site or application are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. You hereby irrevocably waive any claim against us with respect to such websites and applications, and any information, content and materials you provide to such sites (including, without limitation, credit card and other personal information).

SUBMISSIONS

We do not intend to accept ideas or concepts for new services or content through the Site. Notwithstanding the foregoing, you acknowledge that any communication or material you transmit to the Site, such as questions, comments, ideas, feedback, materials, suggestions or the like (collectively “Submissions”), will be treated as non-confidential and nonproprietary and may be used, reproduced, modified, transferred, distributed, performed, published, licensed or sold by us for any purpose without notice to you and without any further consent by you. We will be under no obligation whatsoever to use, respond to, or pay any compensation with respect to any Submission.

DISCLAIMER

We make a conscientious effort to display and maintain the materials on the Site accurately based on information we receive. We do not guarantee that the images, information, or materials displayed on the Site are or will remain accurate or complete.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, TIMELINESS, OR USEFULNESS THEREOF, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE INFORMATION, CONTENT, AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY THE SITE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION CONTRIBUTED BY USERS (IF ANY), AND ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.

INDEMNIFICATION

You agree to indemnify, release, and hold us, our affiliates and partners, and their respective officers, directors, employees, contractors, consultants, service providers licensors, licensees, distributors, agents, representatives and other authorized users (collectively, the “Released Parties”) harmless from and against any and all losses, damages, liabilities and costs (including legal fees) incurred by the Indemnified Parties in connection with any claim or threatened claim arising out of (i) your use of or access to the Site and any materials; (ii) any breach by you of these Terms; or (iii) any content or material you upload to the Site.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASED PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, business interruption, loss of programs or data, PERSONAL INJURY, AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM OR RELATE IN ANY WAY TO (A) YOUR USE OF OR RELIANCE ON, OR THE INABILITY TO USE, THE SITE, OR CONTENT, MATERIALS OR FUNCTIONS THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ANY CLAIM RELATED TO OR ARISING FROM THE SITE.

MOREOVER, UNDER NO CIRCUMSTANCES WILL ANY RELEASED PARTY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, EPIDEMICS OR PANDEMICS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF ANY RELEASED PARTY.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE (B) ANY INABILITY TO ACCESS OR DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE; OR (C) lack of suitability, reliability, timeliness or availability of this Site or any content, products or services offered on this Site.

Your sole and exclusive remedy is to discontinue using and accessing this Site.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE DISCLAIMERS OR LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed, and that venue properly lies, only in state or federal courts located in the Richmond County, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

CHANGES TO THE TERMS OF USE

We may modify, alter or otherwise update these Terms and additional terms and conditions applicable to this Site from time to time, without prior notice, by updating this posting. You agree that we may provide notice to you of such modifications by posting them on the Site. The date of the last modification will appear at the top hereof. You agree to review the terms of use each time you access and use this Site and to be bound by such terms of use as are in effect at the time when you access this Site. Please refer to these Terms regularly. Your use of the Site following any such notice will signify and constitute your assent to and acceptance of such revised Terms.

GENERAL PROVISIONS

Your use of the Site signifies that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

These Terms do not create any fiduciary relationships between you and us, our service providers, or other companies that assist with providing the products or operating the Site. These Terms of Use do not create any relationship of principal and agent, partnership or similar relationship. The terms and covenants which by their nature, sense and context survive or are expressly intended to survive the expiration or termination of these Terms will so survive and continue in full force and effect until they are satisfied or by their nature expire

INQUIRIES

If you have any questions or concerns about the Terms of Use, email us at postmaster@augustanational.com with the phrase “TERMS OF USE” in the subject line, [or] call 706-667-6000 or send your questions or concerns in writing to:

Asia-Pacific Amateur Championship (AAC)

c/o Masters Tournament Foundation

2604 Washington Rd.

Augusta, Georgia 30904.