These Terms and Conditions of use and the Privacy Policy are the policies of The University of Texas Golf Club, Ltd., a Texas limited partnership, doing business as The University of Texas Golf Club (the "Club") that apply to your use of our website, utgolfclub.com (the "Website) and any mobile app provided by UTGC, any associated UTGC-controlled social media pages, and all other UTGC information, services, software functionality, and/or materials located thereon or available therefrom (collectively our "Properties") and they govern your use of the Properties. The terms "we", "us" or "our" refer to the Club, and the terms "you" and "your" refer to you, a customer. Unless otherwise specified, for the purpose of the Properties, "the Club” includes The University of Texas Golf Club, Ltd. and all applicable affiliated companies, including The University of Texas (collectively, "Affiliate(s)"). However, please note that where an Affiliate has individually adopted a different Privacy Policy, Terms and Conditions and/or Legal Disclaimers, such Privacy Policy, Terms and Conditions and/or Legal Disclaimers will supersede the Club's Privacy Policy, Terms and Conditions and/or Legal Disclaimers for purposes of that Affiliate. By checking the "I have read and accept the Privacy Policy" in connection with your use of the Properties, you acknowledge your consent to the Terms and Conditions (which include a mandatory arbitration provision) and the Privacy Policy set forth herein, including the authorization of the use and sharing of your information that is described. If you do not agree with the Privacy Policy or the Terms and Conditions, do not use the Properties. General Properties Terms and Conditions The products and services offered by vendors identified on the Properties are provided by the respective vendors and not by us. We make no representations or warranties regarding, and you agree that we bear no responsibilities or obligations with respect to, any products or services that you request or obtain from vendors identified on the Properties, including without limitation the availability or quality of the products or services, or the information displayed on the Properties regarding the vendors, products or services. Each vendor has separate terms and conditions governing the products and services that it provides, and you may be required to agree to such terms and conditions to receive any products and services from the vendors. For your convenience, the Properties link to a website of each vendor. We do not have any control over, or responsibility for, the content or operation of such websites. Each such website may collect information about you and your usage of the website. The use of such websites is at your own risk. While we endeavor to display current and accurate information, we make no representations or warranties regarding the information set forth in the Properties and, without limiting the foregoing, are not responsible for any information being out of date or inaccurate, or for any typographical errors. You represent and warrant that (a) you are age 18 or older, and (b) the information you submit through the Properties is accurate and complete to the best of your knowledge. You acknowledge that you bear all risk and responsibility for errors or delays that result from inaccurate or incomplete information provided by you. In connection with any information that you provide, you shall not include anything that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful, or (b) violates or infringes upon the copyright, trademark rights, intellectual property rights, privacy rights or other rights of any party. You shall not and shall not attempt to (a) post or transmit to the Properties any virus, worm, Trojan horse, time bomb, or other computer programming routine, feature or operation that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, (b) use any device software, routine, feature or operation to interfere with the proper operation of the Properties or any activity being conducted on or by the Properties, (c) gain access to, copy, alter or modify any data transmitted to the Properties by another user, (d) copy, alter, modify, create derivative works based upon, decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Properties, or (e) frame or link to the Properties. We make no representations or warranties regarding the availability of the Properties at any given time, whether the use of the Properties will be uninterrupted, or the continued operation of the Properties. We, with or without notice, may suspend the operation of the Properties for periods of time, terminate the operation of the Properties at any time, and suspend or terminate your ability to access and use the Properties at any time. We, with or without notice, may revise the features and functionality of the Properties, and the instructions and guidelines regarding the access to and use of the Properties, at any time. We, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use the Properties, and the IP number(s) or address(es) used for the Properties. While we take reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs or other computer programming routines, features or operations to the Properties that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, we do not guarantee or warrant that the Properties or materials transmitted from the Properties do not contain such computer programming routines, features or operations. You shall indemnify and hold us harmless from any damage, loss, expense, including without limitation attorneys' fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with the Terms and Conditions, or any misrepresentation made by you in these Terms and Conditions. We are not responsible for any technical failures or problems that are beyond our control, or any results of any such failures or problems. USE OF THE PROPERTIES IS PROVIDED "AS IS WHERE IS," AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THE PROPERTIES, FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE OPERATION OF THE PROPERTIES, OR SUSPENSION OR TERMINATION OF THE OPERATION OF THE PROPERTIES OR THE ABILITY OF YOU TO ACCESS AND USE THE PROPERTIES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. YOU EXPRESSLY AGREE THAT YOU ACCESS AND USE THE PROPERTIES AT YOUR SOLE RISK. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. Any claims or disputes relating to the Properties shall be resolved exclusively by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (AAA) and the arbitration shall occur in the State of Texas, County of Travis, unless we expressly consent in writing to a different location. The arbitration shall be conducted by one arbitrator who is selected pursuant to the rules of the AAA. The award of the arbitrator shall be final and judgment upon the award may be entered in a court of competent jurisdiction in the State of Texas, County of Travis, unless we expressly consent to a court in different jurisdiction. No arbitration shall be consolidated or combined with any other arbitration, or proceed on a representative basis or capacity for other parties, except with our express written consent. THESE TERMS AND CONDITIONS PROVIDE THAT ALL CLAIMS OR DISPUTES REGARDING THE PROPERTIES SHALL BE RESOLVED BY BINDING ARBITRATION, WHICH MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT OUR EXPRESS WRITTEN CONSENT. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT, AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. Any disputes regarding the arbitration provisions shall be resolved by the arbitrator. In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction in the State of Texas, County of Travis. Each party will bear their own costs in connection with the arbitration. These Terms and Conditions are governed by federal law and the laws of the State of Texas, without reference to choice of law principles. These Terms and Conditions operate in addition to any terms of use imposed or required by Apple Inc. or any other digital download platform from which you download the Properties (“App Provider Terms”). The terms supplement and do not alter or amend any such App Provider Terms. Accordingly, in the event of any conflict between these Terms and Conditions and any App Provider Terms, the latter terms shall control. All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Properties, unless otherwise indicated, are owned, controlled, and licensed by the Club and/or its licensors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. The University of Texas Golf Club name and logo are trademarks or service marks licensed to the Club. The names and logos of the vendors that appear on the Properties are trademarks or service marks of the respective vendors. The unauthorized use of the names, logos, trademarks and service marks appearing on this site is strictly prohibited. Privacy Use of the Properties is governed under the Privacy Policy and these Terms and Conditions for use. Security The discussion below applies only to the Properties and not to the security of information provided to any of the vendors that offer products or services identified in the Properties. You may access the security policy of each vendor by visiting the vendor's website. We do not have any control over, or responsibility for, the content or operation of the website of any vendor. Each such website may collect information about you and your usage of the website. The use of such websites is at your own risk. Industry accepted security measures are used with the Properties to protect your information. In particular, transmissions of orders and credit card information between your computer and the Properties web server are implemented using Secure Sockets Layer (SSL) technology. Your information is stored on a server that is separate from the Properties web server, and is protected by a firewall and also physical safeguards. Disclaimer The Club may at any time revise the Properties Privacy Policy or Terms and Conditions by updating the Properties posting. You are bound by any such revision and should therefore periodically visit the Properties to review the then current terms and conditions, privacy policy and legal disclaimers to which you are bound. Thank you for taking the time to read all of this important information. Properties Terms and Conditions of use (As of November 30, 2019)