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Use of the name, likeness and identification of Innovative Flavors logos, formulas and beverages is licensed and approved by Innovative Flavors LLC. Trademark 2001 Innovative Flavors LLC. All Rights Reserved.

TERMS OF USE FOR WWW.ARNOLDPALMERTEE.COM

Please note that use of the search engine and database on our web sites constitutes agreement to the following terms of use:

Use of the search engine and database is free provided that your use of the database and search engine may only be for personal use or commercial use that does not involve any copying of the data in the database. Any other use is not permitted, and is a breach of these terms of use.

If any court determines there has been a violation of these terms of use you agree that an order by such court requiring you to stop such violation shall be a reasonable remedy in addition to any other remedy the court may authorize.

APT collects the information in the data base through methods that are intended to minimize the risk of error in the data and it believes the data is accurate; similarly the search engine is designed to retrieve the proper data; however, we do not warrant that the data is accurate or that the search engine will work accurately and you agree that APT shall not be liable for any damages in the event of an inaccuracy in the data base or a malfunction in the search engine.

These terms of use and the privacy statement and user agreement shall be interpreted under the law applicable to a contract entered into and performed in Ohio. You agree that in any matter alleging a violation of this agreement or alleging any violated rights of a user of this site, the matter shall be filed in Ohio.

The rights of APT set forth in these terms of use and the privacy statement and user agreement are in addition to any copyrights, proprietary rights and trademark rights APT has in this site, our web sites, the database and the search engine. Nothing in these terms of use or the attached privacy statement and user agreement shall waive or reduce any such rights.

Thank you again for visiting and using WWW.ARNOLDPALMERTEE.COM.

 
USER AGREEMENT FOR WWW.ARNOLDPALMERTEE.COM

The following are the terms and conditions for your use of this site and other web sites and web pages operated by or for Innovative Flavors, LLC or its affiliates (collectively, the "APT web site"). This User Agreement applies to the APT web site and does not apply to the content of third parties.

The APT web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the web sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular APT web site may also be subject to additional terms, codes of conduct or guidelines that govern use of those web sites, including without limitation, particular features or offers (for example, contests), and that are outlined on that APT web site (the "Additional Terms").

In the event that any of the terms, conditions, and notices contained in this User Agreement and the attached privacy statement and terms of use conflict with the Additional Terms or other terms and guidelines contained within any particular APT web site, then these terms, conditions and notices shall control.

COPYRIGHTS

The APT web site is ©2007 ArnoldPalmerTee.com. All rights reserved. Arnold Palmer®, Arnie's Army®, ArnoldPalmer.com®, and the "Umbrella" Logo® are registered trademarks owned by Arnold Palmer Enterprises. This website is the only official website of Arnold Palmer and is © Copyright 'Arnold Palmer Enterprises' Commercial reproduction, distribution, or transmission of any part of this website or any information contained therein by any means whatsoever without the prior written permission of 'Arnold Palmer Enterprises' is not permitted.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at http://www.arnoldpalmer.com/OTHER/privacy.aspx for disclosures relating to the collection and use of your personal information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular APT web site or any product or service offered on any APT web site (each a "APT web site/service", and collectively "APT web sites/services") requires you to open an account, you must complete the registration process by providing APT with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify APT immediately of any unauthorized use of your account or any other breach of security. APT will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by APT or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

APT reserves the right to change the terms, conditions, and notices under which the APT web sites/services are offered, including but not limited to the charges associated with the use of the APT web sites/services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the APT web sites/services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, the APT web sites/services are for your personal and non-commercial use. The content available though the APT web sites/services is the property of APT or its licensors and is protected by copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the APT web sites/services. You acknowledge that APT retains exclusive ownership of the APT web sites/services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the APT web sites/services or their contents, and APT reserves all rights not expressly granted hereunder. Without the advance express written permission of APT, you may not "meta-search" the APT web sites/services, send, or cause to be sent, any automated queries of any sort to the APT web sites/services, or use the APT web sites/services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any APT Sites/Services to determine how a web site "ranks" on any APT web sites/services.

LINKS TO THIRD PARTY SITES

The APT web sites/services may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of APT, and APT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. APT is not responsible for webcasting or any other form of transmission received from any Linked Site nor is APT responsible if the Linked Site is not working appropriately. APT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by APT of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the APT web sites/services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. APT shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the APT web sites/services, you will not use the APT web sites/services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the APT web sites/services in any manner that could damage, disable, overburden, or impair any APT web site/services (or the network(s) connected to any APT web site/services) or interfere with any other party's use and enjoyment of any APT web site/service(s). You may not attempt to gain unauthorized access to any APT web site/service, other accounts, computer systems or networks connected to any APT web site/service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the APT web sites/services.

USE OF THE APT WEB SITES/SERVICES

The APT web sites/services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through the APT web sites/services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Use of meta tag searches on the APT web sites.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an APT web site/services or other user or usage information or any portion thereof.

APT has no obligation to monitor the Communication Services. However, APT reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. APT reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

APT reserves the right at all times to disclose any information as APT deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in APT's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. APT does not control or endorse the content, messages or information found in any Communication Service and, therefore, APT specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized APT representatives, and their views do not necessarily reflect those of APT.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO APT OR POSTED AT ANY APT WEB SITE

APT does not claim ownership of the materials you provide to APT (including feedback and suggestions) or post, upload, input or submit to any APT web site/service or its associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission, you are granting APT, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all APT Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a APT web site/service.

No compensation will be paid with respect to the use of your Submission, as provided herein. APT is under no obligation to post or use any Submission you may provide and APT may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this User Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APT WEB SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE APT WEB SITES/SERVICES AND TO THE INFORMATION THEREIN. APT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APT WEB SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE APT SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

APT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE APT WEB SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. APT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT APT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN APT WEB SITE/SERVICE. YOU SPECIFICALLY AGREE THAT APT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT APT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN APT WEB SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL APT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APT SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE APT WEB SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APT WEB SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE APT WEB SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF APT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATE JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APT WEB SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APT WEB SITES/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that APT may establish limits concerning use of any APT service offered on an APT web site, including without limitation the maximum number of days that e-mail messages will be retained by any APT service, the maximum number of e-mail messages that may be sent from or received by an account on any APT service, the maximum size of an e-mail message that may be sent from or received by an account on any APT service, the maximum disk space that will be allotted on APT's servers on your behalf, and the maximum number of times and duration you may access any APT service in a given period of time.

You agree that APT has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any APT service. You acknowledge that APT reserves the right to log off accounts that are inactive for an extended period of time.

APT MAKES NO WARRANTY THAT ANY APT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

APT reserves the right, in its sole discretion, to terminate your access to any or all APT web sites/services and the related services or any portion thereof at any time, without notice.

APT may also terminate or suspend your access to APT Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by APT. Upon termination of the APT Site/Service, your right to use the APT Site/Service immediately ceases.

APT shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

 

 

 



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