PLAY THE FINAL ROUND WEB SITE TERMS AND CONDITIONS OF USE
February 8, 2009

Introduction; Your Agreement to these Terms of Use.

The following Terms of Use for the Play The Final Round Fantasy Golf league is a legal contract between you, either an individual customer, member or user, in each case meeting the requirements for eligibility in Section 1, below (collectively or individually "Users"), and Play The Final Round.

BEFORE PLAYING THE PRO GAME AY PLAY THE FINAL ROUND, PLEASE READ CAREFULLY THE FOLLOWING CONDITIONS AND TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, AND PLAYING THE PRO GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE PLAY THE FINAL ROUND SERVICE. THE TERMS ARE VOID WHERE PROHIBITED BY APPLICABLE LAW.

NOTE TO CHILDREN UNDER 18 YEARS OF AGE: PLAY THE FINAL ROUND IS NOT FOR PERSONS UNDER THE AGE OF 18. If you are under 18 years of age, then please do not enter Play The Final Round games.

1. Eligibility.

THE PLAY THE FINAL ROUND GAME IS NOT AVAILABLE TO INDIVIDUALS OR ENTITIES THAT CAN NOT REPRESENT AND WARRANT THE FOLLOWING. Play The Final Round may require you to provide proof that you are eligible to participate according to this Section 1 prior to receiving a prize.

You hereby represent and warrant that:

i) you are a natural person (corporate entities and similar organizations are not eligible to use the Play The Final Round for any purpose) 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 18, as the Play The Final Round game is not intended for children under 18;

ii) you are a citizen or lawful permanent resident of the United States of America or Canada and that you have an address in the United States of America or Canada;

iii) you are physically located in the United States of America or Canada and reside in a jurisdiction in which participation in any Game (as defined in Section 6, below) you choose to participate in is not prohibited by applicable law;

iv) YOU ARE NOT A RESIDENT OF ANY of the following states: Arizona, Arkansas, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, Tennessee, and Vermont;

v) you will abide at all times by these Terms and any Guidelines (as defined in Section 3, below);

vi) you are not an employee, officer, or director (or such person’s Immediate Family Member) of Play The Final Round, its parent companies, subsidiaries, and affiliates; or any other person with access to non-public information regarding the operation of any Game offered on the Play The Final Round Service. For purposes of this Section 1, "Immediate Family Member" includes parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director; and

If you do not meet the eligibility requirements of this Section 1, then do not use the Play The Final Round Service. In addition to any other rights that Play The Final Round may have in law or equity, Play The Final Round reserves the right to suspend or terminate the account (and terminate, withhold or revoke any prizes associated with such account) of any purported User of the Play The Final Round Service that does not meet the foregoing requirements.

2. Privacy Policy.

Your privacy is important to Play The Final Round. Play The Final Round’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

3. Individual Features and Services.

When using the Play The Final Round Service, you will be subject to any additional posted guidelines or rules applicable to specific services, and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.

4. Modification of the Terms.

Play The Final Round reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Play The Final Round Service. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Play The Final Round Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the Play The Final Round Service.

Certain functions on the Play The Final Round Service have fees associated with them. When use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our stated fees, which we may change from time to time. Play The Final Round may choose to temporarily change the fees for Play The Final Round's services for promotional events or new services, and such changes are immediately effective when Play The Final Round posts the temporary promotional event or new service on the Play The Final Round Service. Any changes to fees for Play The Final Round's services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Play The Final Round Service. Unless otherwise stated, all fees are quoted in U.S. Dollars.

5. Play The Final Round Service Access.

Play The Final Round grants you permission to use the Play The Final Round Service as set forth in these Terms, provided that (i) you use the Play The Final Round Service solely for your personal, private, noncommercial use; (ii) you do not copy, publicly display or distribute any part of the Play The Final Round Service in any medium without Play The Final Round’s prior written authorization; (iii) you do not alter or modify any part of the Play The Final Round Service other than as may be reasonably necessary to use the Play The Final Round Service for its intended purposes; (iv) you do not engage in any of the prohibited uses described in these Terms (including Section 12, below); and (v) you will otherwise fully comply with these Terms Play The Final Round make no representations that the Play The Final Round Service is appropriate or available for use in all locations. You are solely responsible for compliance with local law. For clarity, if it is illegal for you to access or use the Play The Final Round Service in the jurisdiction where you are located, it is a material breach of these Terms for you to do so.

6. Games.

6.1 Definition.
The Play The Final Round Service allows Users (for clarity, those who meet the requirements in Section 1, above) to participate in online games for prizes in which you draft players for a fantasy team and the performance of fantasy team over a certain period of time determines your score and/or eligibility for a prize (a "Game").

6.2 Limitations on Participation.
You may establish only one account per person, and only up to two accounts per computer or IP address, to participate in the activities offered on the Play The Final Round Service. In the event Play The Final Round discovers that you have opened more than one account per person or two accounts per computer or IP address, in addition to any other rights that Play The Final Round may have in law or equity, Play The Final Round reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke any prizes.

Your account (including but not limited to monies won) is not transferable to any other person. By using the Play The Final Round Service or registering and/or participating in any Game offered on the Play The Final Round Service, you agree to indemnify, defend, and hold Play The Final Round harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising out of or relating to your participation in such Game.

Play The Final Round may impose dollar amount limitations on the credit card transactions in which you engage to fund your activities on the Play The Final Round Service. Play The Final Round may also impose limitations on the net dollar amount you may lose on the Play The Final Round Service in any calendar month; should your losses reach the designated limit, your play in the Games offered on the Play The Final Round Service will be restricted until the beginning of the next play period, to be determined by Play The Final Round in its sole discretion. Play The Final Round reserves the right to change these dollar amount limitations at any time.

Users who have not yet established a real money account may be restricted in the number and type of Games they may enter.

6.3 Odds and Prizes.
The results of all Games offered on the Play The Final Round Service depend on the number of the Users participating in such Games and the skill of the Users in such Games. Prizes are generally cash amounts, which are deposited directly into winners' accounts. The cash value of prizes offered in Cash Competitions (as defined in Section 13, below) will be disclosed at the beginning of such Cash Competitions. In certain circumstances where a User's account is closed by Play The Final Round for a violation of these Terms, that User's prizes may be voided and not returned to that User. In such an event, Play The Final Round uses such voided prizes to defray the costs of administration and enforcement of these Terms.

6.4 Winners Lists.
Lists of winners will generally be posted on the Play The Final Round Service following each Game, except in the case of Games with substantial (as determined by Play The Final Round in its sole discretion) prizes, where lists may be delayed for at least five (5) business days while verification of the results takes place in order to help prevent potential abuse.

6.5 Determination of Winners.
The results and winners of each Game offered on the Play The Final Round Service will be determined by Play The Final Round, and such determinations are final. By registering and/or participating in any Game, you agree to be bound by these determinations.

6.6 Game Rules.
Rules for each specific Game offered on the Play The Final Round Service can be found by clicking on the following link: . All Games are subject to individual game rules.

7. Ownership; Proprietary Rights.

The Play The Final Round Service is owned and operated by Play The Final Round. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Play The Final Round Service that are provided by Play The Final Round ("Play The Final Round Materials") are protected by Canadian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. "Play The Final Round Materials" do not include User Submissions (as defined in Section 8.1, below) or any other content owned by and submitted by Users to the Play The Final Round Service. All Play The Final Round Materials contained on the Play The Final Round Service are the copyrighted property of Play The Final Round or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the Play The Final Round Materials or on the Play The Final Round Service are proprietary to Play The Final Round or its affiliates and/or third-party licensors. Except as expressly authorized by Play The Final Round, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Play The Final Round Materials. Play The Final Round reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Play The Final Round Materials, except for the limited rights set forth in this Agreement.

8. Prohibited Uses.

8.1 As a condition of your use of the Play The Final Round Service, you hereby represent and warrant that you will not use the Play The Final Round Service for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section 8) by these Terms. Access to the Play The Final Round Materials and the Play The Final Round Service from territories where their access or use thereof is illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, gaming, the internet, technology, data, email, or privacy.

8.2 Any use by you of any of the Play The Final Round Materials and Play The Final Round Service other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Play The Final Round Service, use of the Play The Final Round Service, access to the Play The Final Round Service, or Content obtained through the Play The Final Round Service, for any purpose other than for your personal, private, non-commercial purposes.

8.3 You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Play The Final Round Service, or collect, or attempt to collect, personal information about Users or third parties without their consent.

8.4 You agree not to intentionally interfere with or damage, impair or disable the operation of the Play The Final Round Service or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.

8.5 You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Play The Final Round Service, features that prevent or restrict the use or copying of any part of the Play The Final Round Service, or features that enforce limitations on the use of the Play The Final Round Service.

8.6 You agree not to attempt to gain unauthorized access to the Play The Final Round Service, or any part of it, other accounts, computer systems or networks connected to the Play The Final Round Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Play The Final Round Service or any activities conducted on the Play The Final Round Service.

8.7 You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Play The Final Round Service. You agree neither to modify the Play The Final Round Service in any manner or form, nor to use modified versions of the Play The Final Round Service, including (without limitation) for the purpose of obtaining unauthorized access to the Play The Final Round Service.

8.8 You agree that you will not use any robot, spider, scraper, or other automated means to access the Play The Final Round Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Play The Final Round Service.

8.9 You agree not to utilize framing techniques to enclose any trademark, logo, or other Play The Final Round Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Play The Final Round’s name or trademarks without our express written consent.

8.10 You agree not to deep-link to the Play The Final Round Service and will promptly remove any links that Play The Final Round finds objectionable in its sole discretion. You agree not to use any Play The Final Round logos, graphics, or trademarks as part of the link without our express written consent.

8.11 You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Play The Final Round Service. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

8.12 You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Play The Final Round Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

8.13 You agree not to modify, adapt, translate or create derivative works based upon the Play The Final Round Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

8.14 You agree not to impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

8.15 You agree not to use the Play The Final Round Pro Service if you are under the age of eighteen (18) years old or otherwise do not meet the eligibility requirements of Section 1, above.

8.16 You agree not to take any action that may undermine any Game, content rating or comment systems (such as displaying, importing or exporting information off the Play The Final Round Service, using information on the Play The Final Round Service for purposes unrelated to the Play The Final Round Service, or improperly manipulating or using the Games, ratings and comment systems)

8.17 You agree not to rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer any prizes, the licenses granted herein or any Play The Final Round Materials.

8.18 You agree not to allow any third party to access your account, access the Play The Final Round Service through your account, accept any prizes, or participate in any Game using your account information.

8.19 You agree not to manipulate, abuse, or display behavior that may be interpreted as the use of unfair methods with respect to any Game or the Play The Final Round Service in any way, including, but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging") or deliberately transfer money between accounts (i.e. "money laundering").

8.20 You agree not to open more than one account per user or two accounts per computer/IP address.

9. Account Information.

In order to access some features of the Play The Final Round Service, you will have to create an account. You hereby represent and warrant that the information you provide to Play The Final Round upon registration and, at all other times, will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. Knowingly submitting incomplete or inaccurate information may result in immediate termination of your account and forfeiture of any prizes to which you may have otherwise been entitled. You may not allow any other person to access your account, access the Play The Final Round Service, accept any prizes, or participate in any Game using your account information.

Whenever you participate in a Game involving money, including without limitation as a prize or a buy-in, (such Games hereafter referred to as "Cash Competitions") you will be required to submit at least the following information: your full name, permanent residential address, phone number and credit card or other payment information.

You acknowledge, consent and agree that Play The Final Round may access, preserve and disclose your account information and User Submission if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claim that any User Submission violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, property or personal safety of Play The Final Round, its users and the public.

10. Password.

When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Play The Final Round. You may be liable for the losses incurred by Play The Final Round or others due to any unauthorized use of your account.

11. Dealings with Advertisers.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Play The Final Round Service are solely between you and such advertiser. YOU AGREE THAT PLAY THE FINAL ROUND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE PLAY THE FINAL ROUND SERVICE.

12. Links and Third Party Content.

Play The Final Round or third parties may provide links on the Play The Final Round Service to other sites or content ("Reference Sites"). Play The Final Round has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Reference Sites or content linked to by the Play The Final Round Service. Play The Final Round provides links to you only as a convenience, and the inclusion of any link on the Play The Final Round Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Play The Final Round Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.

13. Availability of Service.

Play The Final Round may make changes to or discontinue any of the media, web communities, products, or services available within the Play The Final Round Service at any time, and without notice. The media, products, or services on the Play The Final Round Service may be out of date, and Play The Final Round makes no commitment to update these materials on the Play The Final Round Service.

14. User Disagreements.

You are solely responsible for your involvement with other Users. If you have a dispute with one or more Users, you release Play The Final Round (and Play The Final Round's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

15. Terms of Use Violations; Termination.

15.1 Play The Final Round.
You agree that Play The Final Round, in its sole discretion and for any or no reason, may terminate any User or User account (or any part thereof) you may have on the Play The Final Round Service or your use of the Play The Final Round Service, and remove and discard all or any part of your account or any User Submission, at any time, with or without notice. Play The Final Round may also in its sole discretion and at any time discontinue providing access to the Play The Final Round Service, or any part thereof, with or without notice. You agree that any termination of your access to the Play The Final Round Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Play The Final Round shall not be liable to you or any third-party for any such termination. Play The Final Round does not permit unlawful, infringing, fraudulent or otherwise illegitimate activities on the Play The Final Round Service, and reserves the right to terminate access to the Play The Final Round Service, or halt, suspend, or terminate prizes (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Play The Final Round may have at law or in equity.

15.2 User.
If you are dissatisfied with the Play The Final Round Service, please let us know. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the Play The Final Round Service, (ii) any term of this Terms of Use, (iii) any policy or practice of Play The Final Round in operating the Play The Final Round Service, or (iv) any content or information transmitted through the Play The Final Round Service, is to terminate this Terms of Use and your account. You may terminate this Terms of Use at any time by closing your account, discontinuing your use of any and all parts of the Play The Final Round Service, and providing Play The Final Round notice of termination at support@Play The Final Round.com.

16. Disclaimers; No Warranties.

16.1 Acknowledgment.
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 21, THE TERM PLAY THE FINAL ROUND INCLUDES PLAY THE FINAL ROUND'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.

16.2 No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLAY THE FINAL ROUND, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLAY THE FINAL ROUND OR THROUGH THE PLAY THE FINAL ROUND SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

16.3 "As is" and "As available" and "With All Faults."
YOU EXPRESSLY AGREE THAT THE USE OF THE PLAY THE FINAL ROUND SERVICE IS AT YOUR SOLE RISK. THE PLAY THE FINAL ROUND SERVICE (FOR CLARITY, INCLUDING WITHOUT LIMITATION ANY GAMES, INFORMATION, STATISTICS AND OTHER CONTENT PROVIDED BY PLAY THE FINAL ROUND THEREIN), USER SUBMISSIONS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLAY THE FINAL ROUND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

16.4 Platform Operation and Content.
PLAY THE FINAL ROUND, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE PLAY THE FINAL ROUND MATERIALS, USER SUBMISSIONS, PLAY THE FINAL ROUND SERVICE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE PLAY THE FINAL ROUND SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

16.5 Participation in Games.
PLAY THE FINAL ROUND MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO PARTICIPATE IN ANY GAME OFFERED ON THE PLAY THE FINAL ROUND SERVICE NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH PLAY THE FINAL ROUND HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.

16.6 Accuracy.
PLAY THE FINAL ROUND, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLAY THE FINAL ROUND SERVICE (FOR CLARITY, INCLUDING WITHOUT LIMITATION ANY GAMES, INFORMATION, STATISTICS AND OTHER CONTENT PROVIDED BY PLAY THE FINAL ROUND THEREIN) OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

16.7 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE PLAY THE FINAL ROUND SERVICE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

17. Limitation of Liability and Damages.

17.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PLAY THE FINAL ROUND OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE PLAY THE FINAL ROUND MATERIALS AND USER SUBMISSIONS ON THE PLAY THE FINAL ROUND SERVICE OR ANY REFERENCE SITES, THE PLAY THE FINAL ROUND SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH PLAY THE FINAL ROUND, EVEN IF PLAY THE FINAL ROUND OR A PLAY THE FINAL ROUND AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PLAY THE FINAL ROUND’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17.2 Limitation of Damages.
IN NO EVENT SHALL PLAY THE FINAL ROUND OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLAY THE FINAL ROUND SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID PLAY THE FINAL ROUND IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

17.3 Reference Sites.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PLAY THE FINAL ROUND AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE PLAY THE FINAL ROUND SERVICE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.

18. Unauthorized Credit Card Use.

Any attempt to defraud Play The Final Round through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution.

19. Digital Millennium Copyright Act Compliance.

It is Play The Final Round’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Play The Final Round’s DMCA Notification Guidelines. Play The Final Round will promptly terminate without notice any User’s access to the Play The Final Round Service if that User is determined by Play The Final Round to be a "repeat infringer." A repeat infringer is a User who has been notified by Play The Final Round of infringing activity violations more than twice and/or who has had a User Submission or any other user-submitted content removed from the Play The Final Round Service more than twice.

20. Taxes.

You are solely responsible for paying any governmental taxes imposed on your use of the Play The Final Round Service, including, but not limited to, sales, use or value-added taxes. To the extent Play The Final Round is obligated to collect such taxes or send forms to you, the applicable tax or withholding may be debited from your account and the applicable forms shall be sent to you. Play The Final Round will request that you provide certain forms and additional information to Play The Final Round in order to send you appropriate forms to comply with applicable laws and regulations (including without limitation, as required by Internal Review Service regulations). Failure to provide additional information may result in Play The Final Round’s inability to credit your account for certain prizes won AND/or your inability to participate in Games. Notwithstanding the foregoing, you are solely responsible for paying all taxes in accordance with the laws and regulations that apply in your jurisdiction (including without limitation state, province, and/or country of residence).

21. Miscellaneous.

21.1 Notice.
Play The Final Round may provide you with notices, including those regarding changes to Play The Final Round’s Terms, by email, regular mail or postings on the Play The Final Round Service. Notice will be deemed given twenty-four hours after email is sent, unless Play The Final Round is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Play The Final Round Service. In such case, notice will be deemed given three days after the date of mailing.

21.2 Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

21.3 Dispute Resolution.
(a) Generally. If a dispute arises between Play The Final Round and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Play The Final Round agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Play The Final Round Service (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
(b) Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Improperly Filed Claims. All claims you bring against Play The Final Round must be resolved in accordance with this Section 21.3 (Dispute Resolution). All claims filed or brought contrary to this Section 21.3 (Dispute Resolution) shall be considered improperly filed. Should you file a claim contrary to this Section 21.3 (Dispute Resolution), Play The Final Round may recover attorneys' fees and costs up to $1000, provided that Play The Final Round has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

21.4 Waiver.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Play The Final Round to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

21.5 Severability.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

21.6 Entire Agreement.
This is the entire agreement between you and Play The Final Round relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Play The Final Round as set forth in Section 4 above.

21.7 Claims.
YOU AND PLAY THE FINAL ROUND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLAY THE FINAL ROUND SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.