TERMS AND CONDITIONS FOR THE ASSOCIATION OF GOLF MERCHANDISERS (AGM)

LAST UPDATED: April 17, 2025

Terms of Use Agreement

Please read this Terms of Use agreement (the “Agreement”) carefully as it applies to your use of online services and digital products of the Association of Golf Merchandisers (“AGM” or “we” or “us”), including but not limited to the AGM website located at agmgolf.org and all subdomains thereof, (collectively, the “Sites”), mobile applications offered by AGM, and all features, content and products and services thereof, including but not limited to webinars, educational resources, CRM certification materials, blogs, scholarship information, membership directories, and other downloads (collectively, the “Services”). Your use of the Sites and Services is governed by this Agreement regardless of how you access the Sites or Services.

  1. Acceptance of Terms

The Sites and Services are made available by AGM subject to this Agreement. AGM reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Sites or in connection with the Services. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of the Sites or Services following changes to this Agreement will constitute your acceptance of those changes.

BY ACCESSING OR USING THE SITES OR SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Sites or Services, with or without notice; charge fees in connection with the use of specific Services; modify or waive any fees charged in connection with the Sites or Services; or offer opportunities to some or all users of the Sites or Services. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.

  1. Membership Categories and Services Information

AGM provides members and users of the Sites and/or Services with access to certain content and services related to golf retailing, professional development, and industry resources, which may include, without limitation:

  1. a) Membership benefits specific to your membership category (Merchandiser, Vendor Partner, Student, or Sales Representative) b) Educational resources and webinars c) Annual conference registration and materials d) CRM (Certified Retail Manager) certification program e) Scholarship programs f) Networking opportunities and member directories g) Industry news, blogs, and publications h) Member forums and discussion groups

The quality of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as your location, the content being streamed or downloaded, and the speed of your Internet connection. AGM makes no representation or warranty regarding access to content available through the Sites or in connection with Services.

The content provided through the Sites and/or in connection with the Services is designed to provide practical and useful information on golf merchandising and related subject matters. AGM EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF THE SITES OR IN CONNECTION WITH THE SERVICES.

While such content may concern retail management, merchandising strategies, or other professional services, SUCH CONTENT IS NOT LEGAL ADVICE, BUSINESS ADVICE, OR OTHER PROFESSIONAL SERVICES ADVICE. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED ON THIS SITE OR IN CONNECTION WITH THE SERVICES WITHOUT SEEKING THE ADVICE OF A QUALIFIED PROFESSIONAL IN THE RELEVANT SUBJECT MATTER. AGM EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF THIS SITE OR IN CONNECTION WITH THE SERVICES.

  1. Membership Terms and Obligations

3.1 Membership Categories

AGM offers various membership categories, including but not limited to Merchandiser Members, Vendor Partners, Student Members, and Sales Representative Members. Each membership category has specific eligibility requirements, benefits, and responsibilities as outlined on our membership pages.

3.2 Membership Dues and Renewal

Membership dues are non-refundable and subject to change upon renewal. Members will be notified of any changes to membership dues prior to their renewal date. Failure to pay membership dues may result in termination of membership and associated benefits.

3.3 Member Conduct

Members agree to conduct themselves in a professional manner in all interactions with AGM and other members. Members shall not engage in any activity that disparages AGM or its members, or that interferes with the operations of AGM.

3.4 Vendor Partner Specific Terms

Vendor Partners must comply with additional terms related to sponsorships, exhibition opportunities, and marketing benefits as outlined in their specific vendor agreements. Use of AGM member information by Vendor Partners is strictly limited to the purposes outlined in such agreements.

3.5 Termination of Membership

AGM reserves the right to terminate any membership if a member violates this Agreement, engages in conduct detrimental to AGM, or otherwise fails to meet membership obligations. Termination decisions will be made at the discretion of the AGM Board of Directors and/or the Chief Executive Officer.

  1. Jurisdictional Issues

The Sites and the Services are controlled and operated by AGM from the United States and are not intended to subject AGM to the laws or jurisdiction of any state, country, or territory other than that of the United States. AGM neither represents nor warrants that the Sites or the Services or any part thereof is appropriate or available for use in any particular jurisdiction. In choosing to access the Sites or Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations.

  1. Information Submitted Through the Sites and/or Services

Your submission of information through the Sites or in connection with the Services is governed by AGM’s Privacy Policy, which is located at [Privacy Policy URL]. You agree that all information that you provide to us is true, accurate, and complete, and that you will maintain and update such information regularly.

  1. Rules of Conduct

You must comply with all applicable laws, rules, and regulations while accessing or using the Sites and/or Services. In addition, we expect users to respect the rights and dignity of others. Your use of the Sites and/or Services is conditioned upon your compliance with the rules set forth in this section.

You must not:

  • Post, transmit, or otherwise make available, through or in connection with the Sites or Services, anything that could be threatening, harassing, discriminatory, degrading, hateful, or intimidating
  • Post defamatory, fraudulent, or otherwise tortious content
  • Post obscene, indecent, pornographic, or otherwise objectionable content
  • Interfere with or disrupt the operation of the Sites or Services
  • Use the Sites or Services to advertise or offer to sell or buy any goods or services without AGM’s prior written consent
  • License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Sites or Services or any access to or use of the Sites or Services without AGM’s express written permission
  • Modify, adapt, make derivative works of, translate, reverse engineer, decompile, or disassemble the Sites or Services
  • Remove any copyright, trademark, or other proprietary rights notice from the Sites or Services
  • Systematically download or store content from the Sites or Services
  • Use any robot, spider, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather content of the Sites or in connection with the Services

Additionally, you acknowledge and agree that you (and not AGM) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Sites or Services, and paying all charges related thereto.

We may terminate your use of the Sites or Services for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct set forth above.

  1. Registration; User Names and Passwords

You may need to register to use all or part of the Sites or Services. You represent and warrant that all information submitted to AGM in connection with such registration is complete and accurate. We may reject, or require that you change, for any reason, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you (and not AGM) are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your account.

  1. Forums and Member Community

AGM and our service providers may make available through the Sites or Services certain services (for example, message boards, forums, blogs, chat functionality, messaging functionality, and comment functionality, among other services) to which you are able to post information and materials (each, a “Forum”).

Information contained in Forums may be provided by employees or independent contractors of AGM as well as by members and other visitors to the Sites or Services. Please note that visitors to the Sites or Services may post messages or make statements in the Forums that are inaccurate, misleading, or deceptive. AGM and its directors, officers, employees, representatives, affiliates, and service providers neither endorse nor are responsible for any opinion, advice, information, or statements made in the Forums by third parties.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITES OR SERVICES, YOU DO SO AT YOUR OWN RISK.

  1. Submissions and User-Generated Content

The Sites or Services may make available certain functionality through which you are able to post, send, or make available information and materials (each, a “Submission”). For purposes of clarity, you retain any ownership rights that you may have in any of the Submissions that you post, subject to the terms and conditions of this Agreement.

For each Submission that you make available through or in connection with the Sites or Services, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as displaying a user comment or testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license.

This may include using your name, image, likeness, and testimonials in AGM promotional materials, website content, social media, and other marketing efforts. If you do not wish your information to be used in this way, please contact us at info@agmgolf.org.

  1. Event Photography and Recordings

By registering for and attending AGM events, you grant AGM permission to capture your image and voice in photographs, videos, or audio recordings of the event. You grant AGM permission to use these materials for promotional, educational, or other purposes in print and digital media. If you do not wish to be photographed or recorded, please notify AGM staff at the event.

  1. Intellectual Property Rights

AGM and/or our licensors and suppliers own the information and materials made available through the Sites and/or Services. Such information and materials are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on, all or any part of the Sites or Services or any information or materials made available through the Sites or Services.

Trade names, trademarks, and service marks on the Sites or Services, including without limitation AGM, the AGM logo, CRM, and other AGM program names and logos, are owned by the Association of Golf Merchandisers or AGM’s licensors or other respective owners. Such trade names, trademarks, and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.

  1. Membership Dues, Event Registration, and Other Transactions

We may make available products and services for purchase through the Sites or Services, including but not limited to membership dues, conference registration, webinar access, CRM certification fees, and other educational offerings. If you wish to purchase any product or service made available by us through the Sites or Services (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

AGM reserves the right, with or without prior notice, to:

  • Limit the available quantity of or discontinue any product or service
  • Not honor, or impose conditions on the honoring of, any coupon, promotional code, or other similar promotions
  • Bar any user from making any or all Transaction(s)
  • Refuse to provide any user with any product or service

Refunds and cancellations will be subject to AGM’s refund and cancellation policies in effect for each specific offering or event, which will be clearly communicated at the time of transaction.

  1. Third Party Content; Links

The Sites or Services may incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties, including social media providers (such communications and content, “Third Party Content”). By using such functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality.

AGM is neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Sites or Services at any time.

  1. DISCLAIMER OF WARRANTIES

THE SITES, SERVICES, AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE AGM ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITES, SERVICES, AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

  1. LIMITATION OF LIABILITY

THE AGM ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITES OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES OR SERVICES IS TO STOP USING THE SITES OR SERVICES. THE MAXIMUM LIABILITY OF AGM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AGM TO ACCESS AND USE THE SITES OR SERVICES, OR IN THE CASE OF MEMBERSHIP DUES OR EVENT REGISTRATION, THE AMOUNT PAID FOR THE SPECIFIC MEMBERSHIP YEAR OR EVENT IN QUESTION.

  1. Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless AGM and its directors, officers, employees, representatives, affiliates, and service providers from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Sites or Services; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party.

  1. Termination

This Agreement is effective until terminated. AGM may terminate your access to or use of the Sites or Services, at any time and for any reason, including if AGM believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the Sites or Services will immediately cease.

Sections 2-4, 7-16, and 18-24 shall survive any expiration or termination of this Agreement.

  1. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Arizona, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. Any dispute arising from or relating to this Agreement or your use of the Sites or Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Any such arbitration shall be conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

BY YOUR ACCESS TO OR USE OF THE SITES OR SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

  1. Contact Us

If you have any questions regarding the meaning or application of this Agreement, please direct such questions to info@agmgolf.org. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

  1. Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites or in connection with the Services infringe your copyright, you (or your agent) may send AGM a written notice by mail, email, or fax, requesting that AGM remove the material or block access to it. Notices should be sent to AGM at 2351 Sunset Blvd., Ste 170 #331, Rocklin, CA 95765.

  1. Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and AGM. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

This, together with all policies referred to herein, is the entire Agreement between you and AGM relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and AGM relating to such subject matter.

AGM will not be responsible for failures to fulfill any obligations due to causes beyond its control.