Telephone/Messaging Terms Of Use
Updated · February 2025
Last Updated – February 2025
THESE TERMS OF USE INCLUDE A DISPUTE RESOLUTION SECTION (INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER) THAT AFFECTS YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.
1. DEFINITIONS
These Telephone/Messaging Terms of Use (“Terms of Use”) govern all communications to or from PGATOUR.COM, LLC, PGA TOUR, Inc. and their affiliates including PGA TOUR Enterprises, LLC (collectively the “PGA TOUR Parties”) and other third parties (referred to as “PGA TOUR” or “PGATOUR.COM”), including without limitation communications made through the use of short messaging service (“SMS”), multimedia messaging service (“MMS”), or successor protocols or technologies (collectively, “text messages”), and telephone communications of any kind (text messages and telephone communications of any kind are collectively referred to as “communications”), and constitute an agreement between you and us. “You” means each person who establishes a connection to a Program (as defined below). In addition to these Terms of Use, you agree to be bound by our general Terms of Use and Privacy Policy, which are expressly incorporated by reference, as well as any other applicable terms and agreements related to your use of our sites and services. For purposes of these Terms of Use, PGA TOUR Parties includes any applicable PGA TOUR Party or Parties.
2. Your Consent to Receive Automated Communications
You acknowledge that by voluntarily providing your telephone number(s) in conjunction with an account or transaction or by opting in to PGA TOUR-sponsored text messaging program (“Program(s)”), you expressly consent to receive artificial voice messages, prerecorded voice messages, and/or autodialed communications from us related to a variety of purposes, including, without limitation, offers, promotions, ticketing, marketing content, any transaction, delivery or order notifications, and/or your relationship with us. You acknowledge that automated communications may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that we may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you or your representative at any time or obtained through other lawful means. You agree to receive automated communications from us, even if you cancel your account or terminate your relationship with us, except if you expressly change your consent or opt out status (see below). You understand that you do not have to consent to receive automated marketing communications as a condition of purchasing any goods or services. You agree that such communications may be made to your telephone number(s) at any time of day to the fullest extent permitted by applicable law.
(A) Providing Telephone Numbers and Other Contact Information
You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. Data obtained from you in connection with a Program may include your cell phone number, carrier’s name, and date, time and content of message. Such information may be used by the PGA TOUR Parties to contact you and to provide services You request. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your participation in relevant Programs. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message that you have received from us, or opting out by following the instructions described in the “Changes to Consent” section below.
(B) Changes to Consent
If you do not consent to receiving automated communications, or at any time you wish to revoke your consent to be contacted at a particular number, you may contact us through one of the contact methods identified in Section 8 of our Privacy Policy, YOUR PRIVACY CHOICES AND RIGHTS. To opt out of a specified text message Program, please see the Text Message Opt-Out Instructions below. It is your sole responsibility to notify us if you no longer want to receive automated communications. You waive any rights to bring claims for unauthorized or undesired communications by failing to opt out immediately or by failing to follow these instructions
Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated communications, we reserve the right to make non-automated communications to you for transactional, informational and/or operational purposes. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt-out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
(C) Text Message Opt-Out Instructions
Your consent to receive automated text messages is completely voluntary. You may opt out at any time. To opt out of text messages, follow the instructions in each Program for opting out; text STOP to any text message you receive from us; or contact us through one of the contact methods identified at Section 8 of our Privacy Policy, YOUR PRIVACY CHOICES AND RIGHTS and specify the Program(s) for which you want to opt out of text messages. In some cases, you may also reply HELP to a text message for help. You acknowledge and agree to accept text messages confirming your opt-out. We have different text message Programs and may use different shortcodes for different messaging purposes. Texting STOP to one shortcode or opting out of one text message Program will not effectuate a stop request for all shortcodes or text message Programs to which you are subscribed. You acknowledge and agree that texting STOP to any text message you receive from us will serve as an opt out of that specified Program only. It does not serve as a company-wide "do not call" request. You understand and agree that you may receive confirmatory opt out text messages after texting STOP.
3. Fees and Charges
There is no fee to receive automated communications from us. However, you may incur a charge for these communications from your telephone carrier, which is your sole responsibility. In addition to any entry, submission, donation or other fee of which you are notified, message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that we are not responsible for such charges.
4. Unauthorized Use of Your Telephone Device
You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
5. Call Recording and Monitoring
You acknowledge that telephone communications to or from us may be monitored and recorded and you consent to such monitoring and recording.
6. YOUR INDEMNIFICATION TO US
You agree to indemnify us for any claims under the Federal Telephone Consumer Protection Act, or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
7. RELEASE OF CLAIMS
By agreeing to receive communications from us, you agree to release us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms based on any alleged violations of the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, and/or any similar state and local acts or statutes to the maximum extent permitted by law.
8. TECHNICAL ISSUES
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all Internet service provider, mobile service, and other services needed to receive communications, including, without limitation, telephone communications and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Use and your membership in any Program.
9. SMS Subscriptions.
(A) By subscribing to PGATOUR.COM mobile alerts, You certify that you are over 18 years of age or have parental consent, are the account holder or have the account holder’s permission, and agree to receive ongoing SMS messages from the PGA TOUR Parties. 10 messages are typically delivered per alert type per week based on specific subscription preferences but that number may be lower or higher at any given time. Service is available on select carriers. The PGA TOUR Parties will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from Your network operator. SMS messages are provided on an as is basis.
(B) These Terms of Use set forth the terms and conditions that apply to your access and use of PGA TOUR Programs. By accessing and using any of PGA TOUR’s Programs, you agree to comply with all of the terms and conditions hereof. The right to use any of PGA TOUR’s Programs is personal to you and is not transferable to any other person or entity. You are responsible for all of your use (under any screen name or password) and for ensuring that all of your use complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your password(s), if any.
(C) PGATOUR.COM, LLC shall have the right at any time to change or discontinue any aspect or feature of PGA TOUR’s Programs, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(D) These Terms of Use do not necessarily reflect the terms that govern other sites that are operated by the PGA TOUR Parties or the practices of parties other than the PGA TOUR Parties who operate sites that may be linked to or from PGATOUR.COM, such as www.shop.pgatour.com and TPC.com.
10. CHANGED TERMS.
PGATOUR.COM, LLC shall have the right at any time to change or modify these Terms of Use or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes or modifications shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PGATOUR.COM, or by electronic or conventional mail, or by any other means by which PGATOUR.COM may publicize notice thereof. Your use of PGATOUR.COM after such notice, among other things, shall be deemed to constitute your acceptance of such changes or modifications.
11. REGISTRATION OBLIGATIONS.
If You register for a Program, you agree to provide true, accurate, current and complete information about yourself. PGATOUR.COM, LLC and any of the PGA TOUR Parties have the right to suspend or terminate access and refuse any and all current or future use of PGA TOUR’s Programs (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if PGATOUR.COM, LLC or any TOUR Party reasonably suspects that you have provided untrue, inaccurate, or incomplete information.
12. CONDUCT.
(A) The Programs are intended for your personal, noncommercial use only. You shall not use any Program or any of PGA TOUR’s data or other content for any commercial or business-related purpose, unless expressly licensed by the applicable PGA TOUR Parties.
(B) You shall use such Programs for lawful purposes only. You shall not post or transmit through any Program any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without PGA TOUR Parties’ express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in the PGA TOUR Parties’ discretion restricts or inhibits any other individual from using or enjoying the Programs will not be permitted. You shall not use any Program to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other online information services competitive with PGATOUR.COM or PGA TOUR. This provision applies to the fullest extent permitted by applicable law. Nothing in this provision is intended to prohibit you from posting bona fide reviews, comments, or other content, or otherwise submitting suggestions, ideas, comments or questions, related to any of our products or services.
(C) You shall not use or permit or facilitate others to use any Program by automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy or download data or other content found on or accessed through PGATOUR.COM or a Program, including, without limitation, real time scoring, statistics, video, audio, polling or any other data or content (whether current or archival).
(D) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way PGATOUR.COM or servers or networks connected to PGATOUR.COM, or disobey any requirements, procedures, policies or regulations of networks connected to PGATOUR.COM.
(E) Any gaming features that we make available through the Programs, including fantasy and fan polling features, are provided exclusively for entertainment purposes.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
(A) NEITHER THE PGA TOUR PARTIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PGATOUR.COM, ANY SMS OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PGATOUR.COM OR ANY PROGRAM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU MUST PROVIDE NOTICE OF ANY CLAIM TO THE PGA TOUR PARTIES WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.
(B) YOU AGREE THAT NEITHER THE PGA TOUR PARTIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
14. MONITORING.
PGATOUR.COM, LLC shall have the right, but not the obligation, to monitor the content of PGATOUR.COM, including Programs, chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by PGATOUR.COM, LLC and to satisfy any law, regulation or authorized government request.
15. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless the PGA TOUR Parties and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of any Program by you or any third party.
16. PRIVACY POLICY.
Please refer to www.pgatour.com/company/privacy-policy for information on how PGATOUR.COM collects, uses, and discloses your personal information. This privacy policy is expressly incorporated by reference.
17. DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT; JURY TRIAL WAIVER; CLASS ACTION WAIVER)
Please read this this Section [17] carefully. It affects your legal rights. It provides for resolution of most disputes between you and the PGA TOUR Parties through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This Section [17] also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.
Arbitration Agreement.
(A)Binding Individual Arbitration. Any dispute or claim arising out of or relating to these Terms of Use, your use of any Program, or your relationship with the PGA TOUR Parties, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including claims for mental or emotional distress or injury not arising out of physical bodily injury (“Dispute”), will be resolved through binding individual arbitration, except that either you or the PGA TOUR Parties may elect to have a Dispute heard in small claims court so long as it is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance unless you and the PGA TOUR Parties agree otherwise. Dispute shall be interpreted broadly and include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior Terms of Use (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms of Use. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property and claims arising out of physical bodily injury. The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues that are reserved for a court in these Terms of Use; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Section 17; and (3) issues that relate to the arbitrability of any Dispute. These Terms of Use and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and the PGA TOUR Parties agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).
(B) Mandatory Informal Dispute Resolution Process. You and the PGA TOUR Parties agree to the following informal dispute resolution process before you or the PGA TOUR Parties may initiate arbitration. In the event of any Dispute that arises between you and the PGA Tour Parties, the party asserting the Dispute shall first send written notice to the other party (by first class or registered mail) that includes all of the following information: (1) contact information (including name, address, email address, and telephone number); (2) a detailed description of the nature and basis of the Dispute and any claims being asserted; and (3) a detailed description of the relief sought, including a calculation for it. The notice must be personally signed by the party asserting the Dispute (and your or our counsel, if represented). Your notice must be sent to: PGA TOUR, Attn: Legal, 1 PGA TOUR Boulevard, Ponte Vedra Beach, FL 32082. If the PGA TOUR Parties have a Dispute with you, notice will be sent to the most recent contact information we have for you.
For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), You and the PGA TOUR Parties agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, You and the PGA TOUR Parties representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration with a Process Arbitrator or merits arbitrator. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or the PGA TOUR Parties may commence arbitration only if the Dispute is not resolved through this Process.
(C) Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (where appropriate) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. Each party has the right to challenge the application of the AAA’s Consumer Arbitration Rules in connection with a Dispute as a threshold administrative issue. You and the PGA TOUR Parties understand and agree that the AAA’s administrative determination to register this arbitration agreement means it comports with the Consumer Due Process Protocols and that this determination is final and neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). If You are submitting an arbitration demand, You shall send it to: PGA TOUR, Attn: Legal, 1 PGA TOUR Boulevard, Ponte Vedra Beach, FL 32082 and follow the AAA Rules for initiating arbitration. If the PGA TOUR Parties are submitting an arbitration demand, the demand will be sent to the most recent contact information on file for You and follow the AAA Rules for initiating arbitration. By submitting an arbitration demand, the party and counsel represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $10,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and the PGA TOUR Parties reserve the right to request a hearing in any matter from the arbitrator. You and a PGA TOUR Parties representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which You reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, You and the PGA TOUR Parties agree that each may bring claims against the other only in Your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and the PGA TOUR Parties agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms of Use as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding to which you are not a party. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
(E) Additional Procedures for Mass Arbitration. You and the PGA TOUR Parties agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a mass arbitration. If 25 or more similar Disputes (including Yours) are asserted against the PGA TOUR Parties by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), You understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources. If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
- STAGE ONE: If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for the PGA TOUR Parties shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a mutually acceptable mediator in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and the PGA TOUR Parties shall pay the mediator’s fee.
- STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for the PGA TOUR Parties shall each select 25 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two). No more than three cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with mutually acceptable mediator in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and the PGA TOUR Parties shall pay the mediator’s fee.
Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. These Additional Procedures for Mass Arbitration and each of the requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that these Additional Procedures for Mass Arbitration apply to Your Dispute and are not enforceable, then Your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use.
(F) Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to the contact information for the PGA TOUR Parties), you may reject any such change by sending your personally signed, written notice to the following address within 30 days of the change: PGA TOUR, Attn: Legal, 1 PGA TOUR Boulevard, Ponte Vedra Beach, FL 32082 with a clear statement that You wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between You and the PGA TOUR Parties in accordance with this version of the arbitration agreement.
Class Action Waiver; Jury Trial Waiver.
YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE PGA TOUR PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
18. GOVERNING LAW AND VENUE
Except with respect to the arbitration agreement, these Terms of Use are governed by the laws of the state of Florida, without regard to Florida’s conflict of laws rules. If the arbitration agreement in Section 17 is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, or for any action that seeks to enforce or to challenge the enforceability of any provision of the arbitration agreement or these Terms of Use, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in St. Johns County, Florida, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (1) Inconvenient forum; or (2) Any other basis or any right to seek to transfer or change venue of any such action to another court.
19. TERMS OF USE AND LEGAL EFFECT
These Terms of Use and any operating rules for a Program constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. In the event a court of competent jurisdiction finds that any provision or part of any provision of these Terms of Use is invalid, the court should give effect to the parties’ intentions as reflected in the provision, and the parties agree that the remaining provisions (and/or parts of provisions) of these Terms of Use shall be considered severable and all other provisions of these Terms of Use shall remain in full force and effect. All rights not expressly granted to You herein are hereby reserved to the PGA TOUR Parties.
20. TERMS & CONDITIONS: DATE WHEN CHANGES ARE EFFECTIVE, AND REVISION.
These Terms of Use may change at any time. We will post the revision date with the revised Terms of Use. The revised Terms of Use will apply to you for any communications you receive after the revision date. So please check back from time to time. Remember, you may always opt out of or unsubscribe from communications by following the instructions in the “Changes to Consent” or “Text Message Opt-Out Instructions” sections above.
