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OTTOGOLF.COM
TERMS AND CONDITIONS OF USE OF WEBSITE
Effective as of January 1st, 2016

OTTO Golf (“OTTO”) welcomes you to www.OttoGolf.com (the “Site”). OTTO provides this Site and its services to you subject to these Terms of Use (the “Terms of Use”), which constitute a binding contract between you and OTTO Golf and govern your use of the Site.

The Internet is an evolving medium; as such, OTTO Golf reserves the right to make changes to the terms of these Terms of Use from time to time and without prior notice. By continuing to use the Site after we post any such changes, you accept these Terms of Use as modified. We reserve the right to deny access to this Site, or any service provided via this Site, to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy the Site, or infringes the rights of others.

PRIVACY.
We value our golf course clients and we take their privacy seriously. OTTO Golf respects the privacy of the personal information that we are privileged to acquire. Our commitment to privacy includes how we obtain, use, protect, and share information.

OTTO Golf collects and uses personal information such as names, addresses, phone numbers and email addresses when a golf course client provides it to us. The personal information collected by OTTO Golf is used solely for purposes of processing payments, providing suggested services that match each client’s profile information, record keeping and similar restricted purposes. We will not sell, trade or share a your personal information with anyone else or with any other organization. OTTO Golf keeps a record of each tee time reservation. This information is kept on file for IRS purposes and is also used by OTTO Golf internally to analyze overall booking patterns for future projections and statistical analysis.

By using this Site, each customer expressly authorizes OTTO Golf to use customer information for the restricted purposes set forth in these Terms of Use. A customer may review, change, or correct personal contact information or make changes to recorded preferences on the Site or by contacting us directly through email or phone as listed under CONTACT US on the Site.

USER CONDUCT
You agree that your use of this Site is subject to all applicable local, state, national and international laws and regulations. You also agree:

to comply with US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Site or any service provided by OTTO Golf from the US or the country in which you reside;

not to host, submit content to or use the Site or its services without the consent of a parent or guardian if you are under the age of 16 (a "Minor");

not to use the Site for illegal purposes;

not to commit any acts of infringement on the Site or with respect to content on the Site;

not to use the Site to engage in commercial activities;

not to attempt to gain unauthorized access to other computer systems from or through the Site;

not to interfere with another person’s use and enjoyment of the Site or another entity’s use and enjoyment of the Site;

not to use the Site for chain letters, junk mail, spamming, or use of distribution lists;

not to upload or transmit viruses or other harmful, disruptive or destructive files; not to disrupt, interfere with, or otherwise harm or violate the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites.

INTELLECTUAL PROPERTY RIGHTS
The materials provided on the Site, including but not limited to information, documents, articles, images, photos, text, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips and data compilations (“Site Content”) are provided either by OTTO Golf or by its service providers and may be copyrighted or protected by other laws governing intellectual property or proprietary rights. OTTO Golf grants you a non-exclusive, revocable, limited license to view and use the Site, the Site Content and those services offered via the Site (e.g., donation acceptance and processing services) for personal, non-commercial purposes. Permission from OTTO Golf must be obtained before any Site Content or any services offered through the Site are copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, except in connection with the following permitted uses (“Permitted Uses”): (1) learning about fundraising projects for purposes of evaluating them as potential recipients of personal charitable donations; (2) investigating nonprofit organizations for purposes of providing goods or services to them or entering into other business relationships with them; and (3) conducting comparative or other “best practices” research purposes. Any permitted reproduction, distribution or other use of such information must be accompanied by the following notice: “© 2016 by OTTO Golf. Reprinted with permission from OTTO Golf.” For our records, we request that you provide us with a copy of the material in which our information is used.

All Site Content is the exclusive property of OTTO Golf, its affiliates or its service providers and is protected by copyright, trademark and other intellectual property laws, regulations and standards. Except as expressly permitted, these materials may not be copied, reproduced, or distributed for commercial purposes, nor may these materials be modified, uploaded, downloaded or reposted, in whole or in part, to other websites. You may not reproduce, modify, distribute or publicly display the Site or the Site Content, in whole or in part, except as is expressly authorized by these Terms of Use. If you would like to make copies and/or distribute any portion of the Site or the Site Content in ways not expressly authorized by these Terms of Use, you must contact OTTO Golf for written permission, which it may grant or withhold in its sole discretion.

LINKS TO THE SITE.
OTTO Golf welcomes links to the Site. You are free to establish a hypertext link to the home page of the Site so long as (a) the link does not state or imply any sponsorship of your site by OTTO Golf; and (b) you do not link to any page within the Site beyond the home page or first page without first obtaining OTTO Golf’s prior written consent.

No Framing. Without OTTO Golf’s prior written permission, you may not frame or in-line link any of the Site Content or any services offered through the Site, or incorporate into any other website or other service any of the intellectual property of the Site, OTTO Golf or its service providers.

COPYRIGHT INFRINGEMENT
OTTO Golf respects others’ intellectual property rights; however, the Site may contain information that is provided by or obtained from third-party sources. If you believe that your copyrighted material is being infringed by anything on the Site, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a writen statement to Charity Valet using the CONTACT US link on the charityvalet.com Site.

Notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner’s behalf.

INDEMNIFICATION.
You shall indemnify, defend and hold harmless OTTO Golf, its affiliates, partners and service providers, and their respective directors, officers, employees, affiliates and agents and their heirs, successors and assigns, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees and costs) arising out of or relating to your acts or omissions related to your use of the Site, or any violation by you of these Terms of Use or any applicable law or third party rights. This Section shall survive the termination or expiration of these Terms of Use.

DISCLAIMER OF WARRANTIES
THE SITE AND ALL SITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE SERVICES AVAILABLE THROUGH THE SITE AND THE SITE CONTENT IS AT YOUR SOLE RISK. OTTO GOLF, ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THAT THE SITE OR SUCH SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE. CHARITY VALET DOES NOT WARRANT THAT THE SITE CONTENT WILL BE ACCURATE, UPTO-DATE, OR OTHERWISE RELIABLE. PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS TERMS OF USE AGREEMENT.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, OTTO GOLF DISCLAIMS ON BEHALF OF ITSELF AS WELL AS ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LIMITATION ON LIABILITY.

IN NO EVENT SHALL OTTO GOLF, ITS AFFILIATES, PARTNERS OR ITS SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND SUBSIDIARIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THIS WEB SITE OR CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. YOU AGREE THAT OTTO GOLF’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE OR ANY OF THE SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED $1.

MINORS
The consent of a parent or guardian shall be required before a Minor can use the Site. Use of any part of the Site is confirmation that the person is an adult or Minor who has received permission from a parent, guardian to use the Site. A parent or guardian will be responsible for any activities of a Minor on the Site regardless of whether the Minor has received permission from the parent, guardian to use the Site. Pursuant to 47 U.S.C. Section 230 et. seq., as amended, OTTO Golf hereby notified you that parental control protection tools that are commercially available may assist you in limiting material that is harmful to minors.

SPECIAL JURISDICTIONAL ISSUES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

If you are a California resident, you waive California Civil Code Section 1542 which reads: “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.”

GOVERNING LAW.
These Terms of Use shall be governed and construed by the laws of the State of California, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the Site, you are transacting business in the State of California and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the State of California, and you consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys’ fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.

OTHER TERMS.
These Terms of Use constitute the entire agreement between you and OTTO Golf in connection with the subject matter hereof. The waiver or any modifications of any provision of this Terms of Use or any right, power or remedy hereunder shall not be effective unless made in writing and signed by OTTO Golf. No failure or delay by OTTO Golf in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Charity Valet shall have no liability whatever for delays or interruptions in delivery or accessibility of any portion of the Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond OTTO Golf’s reasonable control.