Welcome to MobileLink, your link to the PGA TOUR anytime, anywhere. MobileLink is governed by Terms of Service ("TOS"). In order to access MobileLink, you must accept the Terms of Service ("TOS"). MobileLink is a free service provided by the PGA TOUR (fees from your wireless service provider may apply).

MobileLink

Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to PGA TOUR's MobileLink system ("MobileLink"). By clicking "I Agree" and by continuing to use MobileLink you agree to the following Terms of Service ("TOS"), which we may update or revise from time to time. The most current version of the TOS is posted at http://www.pgatour.com/mm/wireless/tos.html. Some MobileLink services feature posted guidelines or rules applicable to those services, which are hereby incorporated by reference into this TOS.

2. DESCRIPTION OF SERVICE

MobileLink currently provides access to informational and interactive resources relating to golf, which may include news articles or headlines, statistics, and personalized content (the "Service"). The Service may be operated by one or more service providers. Unless explicitly stated otherwise, the TOS will apply to the current MobileLink Service and any new features or enhancements to the current Service. The Service is provided "AS-IS" and "AS-AVAILABLE" for your use, and PGA TOUR, Inc. ("PGA TOUR") is not responsible for the timeliness, deletion, or mis-delivery of any part of the Service.

3. YOUR REGISTRATION OBLIGATIONS

Some services offered on MobileLink require registration. If you register with us, you agree to provide true, accurate, current and complete information about yourself. MobileLink has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if you provide any untrue, inaccurate, not current, or incomplete information, or if PGA TOUR reasonably suspects that you have provided untrue, inaccurate, not current, or incomplete information.

4. MOBILELINK PRIVACY POLICY

The collection and use of your personal information by PGA TOUR is subject to our Privacy Policy, which can be found at: http://www.pgatour.com/information/privacy.html. We do not currently collect any information from children under the age of 13. If in the future, MobileLink collects personally identifiable information from children, we will do so in compliance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.).

5. ACCOUNT, PASSWORD, AND SECURITY

If you register with us, we will open an account for you and you will receive an account designation and a password. You are entirely responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your password or account. You agree to exit from your account at the end of each session if you have logged in to help prevent unauthorized use of your account or password. PGA TOUR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. CONDUCT

You agree not to:

A. use or to permit or facilitate others to use the Service 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 the Service, including without limitation real time scoring, or data content, whether current or archival;

B. upload, post, email transmit or otherwise make available any topic, name, material or information that is unlawful, harmful, threatening, abusive, harassing, tortuous, profane, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

C. interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, or 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 the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

D. collect or store personal data about other users;

E. create a frame browser or border around any of the content of the Service or link to the Service without prior express written permission (other than a plain text-only link to the home page of the Service, which link does not in any way imply a sponsorship or affiliation with the Service or PGA TOUR).

7. INDEMNITY

You agree to indemnify and hold PGA TOUR and its subsidiaries, affiliates, officers, agents, co-branders, service providers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. NO RESALE OF SERVICE

Except with our prior express written permission, your use of the Service and access to MobileLink is solely limited to your personal and non-commercial use for viewing the Service, including real time scoring, without the aid of automatic electronic processes, "robots", "spiders", "scrapers", "webcrawlers", or other automatic devices or computer programs or processes that monitory, copy, or download web pages, contains data, or other content. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of MobileLink. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on MobileLink's infrastructure. Portions of the content contained within the Service are updated on a real time basis and are proprietary or licensed to us by third parties. You agree not to reproduce, duplicate, copy, modify, create derivative works, publicly display, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without our prior express written consent.

9. MODIFICATION AND TERMINATION OF SERVICE

PGA TOUR reserves the right to modify or terminate the Service (or any part thereof), temporarily or permanently, at any time and from time to time, and with or without notice. PGA TOUR reserves the right, in its sole discretion, to terminate your password, account (or any part thereof) or access to or use of the Service, for any reason, including, without limitation, if PGA TOUR believes that you have violated or acted inconsistently with the letter or spirit of the TOS, and you agree that PGA TOUR may do so without prior notice. You also agree that PGA TOUR will not be liable to you or to any third party for any modification or termination of the Service.

10. SUBSCRIPTION SERVICES AND BILLING

Some services offered on MobileLink may be subscription-based services. If you open an account for any subscription-based service, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Additional terms and conditions from service providers providing components of subscription-based services may apply. PGA TOUR reserves the right to change the amount of, or basis for determining, any fees or charges for subscription-based services provided by PGA TOUR, and to institute new fees, charges, or terms effective after providing prior notice to users with subscription-based accounts ("Customers").

Unless otherwise specifically stated, if you are a Customer, PGA TOUR agrees that it will terminate your account if you provide PGA TOUR with a notice of cancellation for any reason. If you provide a cancellation notice within the first fourteen (14) days of signing up for a subscription-based service, PGA TOUR will refund to you all subscription fees for that service, but you will still be obligated to pay any other charges incurred. If you cancel a subscription-based service after fourteen (14) days of signing up for a subscription-based service, no refund of fees will be made. If you have any balance due on your account for subscription-based services, you agree that PGA TOUR may charge these unpaid fees to your credit card.

PLEASE NOTE: Your subscriptions will be automatically renewed unless terminated, and your credit card will be charged for the subscription fees according to the type of subscription-based service - monthly subscriptions will be charged once per month, quarterly subscriptions will be charged on a quarterly basis, annual subscriptions will be charged once per year, and six-month subscriptions will be charged once per six (6) months.

Unless otherwise specifically stated, the renewal charge shall be equal to the original price of the subscription-based service, unless PGA TOUR notifies you in advance. You will have thirty (30) days after the date that the renewal charge is posted to your subscription-based account to provide PGA TOUR with notice of cancellation to your subscription. Your subscription will be cancelled upon receipt of notice, a credit will be made to your subscription-based account in the amount of the charge made, and any associated credit card charges made will be refunded.

Your right to use the subscription-based services is subject to any limits established by PGA TOUR, subscription service provider, or by your credit card issuer. If payment cannot be charged to a Customer's credit card, PGA TOUR is notified that a Customer has disputed account charges with his/her credit card company, or a Customer's charge is returned for any reason, including chargeback, PGA TOUR reserves the right to either suspend or terminate Customer's access and account, and thereby terminating this TOS and any of PGA TOUR's obligations hereunder.

PGA TOUR may terminate any or all of its subscription-based services at its convenience, but in the event of such termination for convenience, PGA TOUR will refund a pro-rata amount of pre-paid fees to Customers of such terminated subscription-based services. Any pro-rata refunds made will be the only remedy made to Customers of a terminated subscription-based service.

11. DEALINGS WITH ADVERTISERS AND MERCHANTS

If you engage in business dealings with advertisers or merchants found on or through the Service, whether by participating in promotions, purchasing products or services, or other dealings, you and such advertisers and merchants are solely responsible for compliance with any terms, conditions, warranties, representations, or liabilities associated with such dealings. Neither PGA TOUR, Inc. nor PGA TOUR Licensed Properties, Inc. shall be responsible or liable for any loss or damage incurred as the result of any such dealings or because PGA TOUR, Inc. or PGA TOUR Licensed Properties, Inc. allowed such advertisers to be present on the Service.

12. LINKS

The Service may contain links to other third party sites or resources. PGA TOUR has no control over such sites and resources, and you acknowledge and agree that PGA TOUR bears no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and PGA TOUR also bears no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in contention with use of or reliance on any such content, goods, or services available on or through any such third party sites or resources.

13. MOBILELINK'S PROPRIETARY RIGHTS

You acknowledge and agree that PGA TOUR, and/or its suppliers, own the Service (including, without limitation, all real time scoring components of the Service) and any necessary software used in connection with the Service ("Software") and that the Service and the Software are protected under applicable intellectual property and other laws. You also acknowledge and agree that content contained in the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Unless PGA TOUR or its advertisers provide express authorization, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the whole or any part of the Service, the Software, or content on the Service.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDES ON AN "AS IS" AND "AS AVAILABLE" BASIS. PGA TOUR, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

B. PGA TOUR MAKES NO CLAIM THAT THE SERVICE WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THE SERVICE MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. PGA TOUR, INC. MAKES NO WARRANTY ON THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. PGA TOUR, INC. MAKES NO CLAIM THAT IT WILL CORRECT ERRORS IN THE SOFTWARE.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT TYOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH MOBILELINK OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EITHER YOU OR PGA TOUR, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, OR OTHER PARTNERS, SERVICE PROVIDERS, EMPLOYEES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGERS, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PGA TOUR, INC. AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE AVAILABILITY OR PERFORMANCE OF THE SERVICE, (ii) THE COST TO OBTAIN SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY STATEMENTS OR CONDUCT THAT MAY BE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL, OR INFRINGING; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU AND ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO USE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

16. NOTICE

PGA TOUR or the Service may provide notices to you via either email or regular mail, and the Service may provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

17. TRADEMARK INFORMATION

PGA TOUR, the PGA TOUR logo and design, the "swinging golfer" design, the Champions Tour logo and design, PGATOUR.COM, SHOTLINK, THESE GUYS ARE GOOD, TOURNAMENT PLAYERS CLUB, TPC, THE TOUR CHAMPIONSHIP, THE PLAYERS CHAMPIONSHIP, and THE PRESIDENTS CUP trademarks and service marks, and other PGA TOUR logos and product and service names are trademarks of PGA TOUR, Inc. (the "PGA TOUR Marks"). Some rights in the PGA TOUR Marks belong to PGA TOUR pursuant to a license from PGA of America, Inc. Without PGA TOUR's prior permission, you agree not to display, or use in any manner, the PGA TOUR Marks.

18. COPYRIGHTS and COPYRIGHT AGENTS

The following information is provided below so that you may notify MobileLink if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated. You must provide written notification to MobileLink's Designated Agent for claims of copyright or other intellectual property infringement, who can be reached as follows:

By mail:

Richard D. Anderson

Office of General Counsel

MobileLink

112 PGA TOUR Boulevard

Ponte Vedra Beach, FL 32082

By email:

legal@pgatourhq.com

Such written notification must include the following to be effective:

A. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest that has been allegedly infringed;

B. a description of the copyrighted work or works or intellectual property interest that has been allegedly infringed;

C. a description of the location or locations of the allegedly infringing material on MobileLink;

D. the contact information of the person authorized to act on behalf of the owner of the copyright or intellectual property interest, including address, telephone number and email address;

E. a statement that the owner of the copyright or intellectual property interest believes in good faith that the use in dispute is not authorized by the copyright or intellectual property owner, its agent, or the law; and,

F. a statement, made under penalty of perjury, that the notice information is accurate and that the statement is made by the owner of the copyright or intellectual property interest or a person authorized to act on behalf of the owner of the copyright or intellectual property interest.

19. GENERAL INFORMATION

You expressly understand and agree that:

A. the TOS constitutes the entire agreement between you and PGA TOUR, superceding any prior agreements between you and PGA TOUR. You may be subject to additional terms and conditions when you use affiliate services, third-party content or third-party software, or other parts of the Service including subscription components;

B. the TOS and the relationship between you and PGA TOUR shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and PGA TOUR agree to submit to the personal and exclusive jurisdiction of the courts located within the county of St. John's County, Florida;

C. the failure of PGA TOUR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision;

D. in the event a court of competent jurisdiction finds that any provision of the TOS is invalid, the court should give effect to the parties' intentions as reflected in the provision, and all other provisions of the TOS shall remain in full force and effect;

E. you will file any claim or cause of action arising out of or related to use of the Service or TOS within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred; and,

F. the section titles in the TOS are for convenience only and have no legal or contractual effect.

Please report any violations of the TOS to:

legal@pgatourhq.com.