1. Introduction. KemperSports Management, Inc. ("KSM"; “we”; or “us”), as the provider of professional management services to the golf course property (the “Property”) whose web site (the “Site”) you are now visiting and as the responsible party with respect to the Site, makes this Site publicly available for the purpose of providing information about the Property and its products and services. We appreciate and hope you enjoy your visit.
4. Ownership of the Site and Intellectual Property Rights. KSM or its licensors or Business Partners own all rights, title and interest in and to the Site and to all Content. This Agreement does not confer upon you any ownership rights to the Site or Content or any part of it, nor to any Content or any third party content or materials contained on the Site. All elements of the Site and Content are protected by U.S. Copyright Law and international treaties, and belong to KSM or its licensors or Business Partners. You agree that you will not at any time do or knowingly permit to be done any act or thing that would in any way impair the rights of KSM or its licensors or Business Partners in and to the Site or Content. The trademarks, logos and service marks displayed on the Site, including KemperSports, True to the Game, and any marks related to KSM’s Business Partners, including the Property, and associated graphic logos, are registered or common law trademarks or service marks of KSM, its Business Partners and/or the Property, which may not be used without prior written consent. No right to use any of these marks is conveyed to you.
6. Linking to this Site. If you would like to link to this Site, you may do so, but you may not connect or link to any page on the Site without also linking to the Site’s home page. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
7. Indemnification. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless KSM, its Business Partners (including the Property), and their respective parent companies, subsidiaries, affiliated companies, joint venturers, licensors, employees, agents, and any third-party information or service providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, any violation by you of this Agreement, or any information, material or data supplied by you.
8. Information Supplied by You. KSM does not want to receive confidential or proprietary information from you via the Site. You agree that any information, material or data you transmit to us (or post to the Site) will be considered non-confidential and non-proprietary. If you supply or post any information, material or data to the Site, you represent and warrant that you have the legal right to supply or post such information, material or data and that it will not violate any law or the rights of any person or entity. By supplying or posting information, material or data to the Site, you give KSM and its Business Partners (including the Property) the royalty-free, irrevocable, perpetual, worldwide right to use, transmit, distribute, display, license, sell and create derivative works from it, in any and all media now known or hereafter invented or discovered, in any manner, in whole or in part, without any restriction or responsibilities to you.
9. User Name and Password Security. If KSM makes available certain areas of the Site or Content solely to users having an authorized user name and password, you are responsible for maintaining the confidentiality of your user name and password information, and for restricting access to your computer. You accept responsibility for all activities that occur under your user name and password.
10. Notification Under Digital Millennium Copyright Act.
11. Damages Disclaimer; Limitation of Liability.
12. Discontinuation of Service. KSM may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. KSM may deny access to any user at any time for any reason.
End of Agreement.