This Telephone/Messaging Terms of Use Agreement (this “Agreement”) governs all communications to or from PGA TOUR First Tee Foundation, Inc. (“First Tee”), its chapters and affiliates (collectively the “First Tee Parties”) and other third parties (referred to as “First Tee”) including without limitation communications made through the use of short messaging service (“SMS”), multimedia messaging service (“MMS”), or successor protocols or technologies (collectively, “text messages”), and telephone communications of any kind (text messages and telephone communications of any kind are collectively referred to as “communications”), and constitute an agreement between you and us. “You” means each person who establishes a connection to a Program (as defined below). In addition to the terms of this Agreement, you agree to be bound by our general Terms of Use and Privacy Policy, which are expressly incorporated by reference, as well as any other applicable terms and agreements related to your use of our sites and services. For purposes of these Terms of Use, First Tee Parties includes any applicable First Tee Party or Parties.
Your Consent to Receive Automated Communications
You acknowledge that by opting in to First Tee-sponsored text messaging program (“Program(s)”), you expressly consent to receive artificial voice messages, prerecorded voice messages, and/or autodialed communications from us related to a variety of purposes, including, without limitation, offers, promotions, ticketing, marketing content, any transaction, delivery or order notifications, and/or your relationship with us. You acknowledge that automated communications may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that we may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you or your representative at any time or obtained through other lawful means. You agree to receive automated communications from us, even if you cancel your account or terminate your relationship with us, except if you expressly change your consent or opt out status (see below). You understand that you do not have to consent to receive automated marketing communications as a condition of purchasing any goods or services. You agree that such communications may be made to your telephone number(s) at any time of day to the fullest extent permitted by applicable law.
Providing Telephone Numbers and Other Contact Information
You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. Data obtained from you in connection with a Program may include your cell phone number, carrier’s name, and date, time and content of message. Such information may be used by the First Tee Parties to contact you and to provide services You request. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your participation in relevant Programs. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message that you have received from us, or opting out by following the instructions described in the “Changes to Consent” section below.
Changes to Consent
If you do not consent to receiving automated communications, or at any time you wish to revoke your consent to be contacted at a particular number, you may contact us through one of the contact methods identified in the ”Access to and Correction or Deletion of Personal Information Maintained About You/Ability to Opt Out of Further Contacts” section of our Privacy Policy. To opt out of a specified text message Program, please see the Text Message Opt-Out Instructions below.
It is your sole responsibility to notify us if you no longer want to receive automated communications. You waive any rights to bring claims for unauthorized or undesired communications by failing to opt out immediately or by failing to follow these instructions.
Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated communications, we reserve the right to make non-automated communications to you for transactional, informational and/or operational purposes. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt-out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
Text Message Opt-Out Instructions
Your consent to receive automated text messages is completely voluntary. You may opt out at any time. To opt out of text messages, follow the instructions in each Program for opting out; text STOP to any text message you receive from us; or contact us through one of the contact methods identified the “Access to and Correction or Deletion of Personal Information Maintained About You/Ability to Opt Out of Further Contacts” section of our Privacy Policy and specify the Program(s) for which you want to opt out of text messages. In some cases, you may also reply HELP to a text message for help. You acknowledge and agree to accept text messages confirming your opt-out. We have different text message Programs and may use different shortcodes for different messaging purposes. Texting STOP to one shortcode or opting out of one text message Program will not effectuate a stop request for all shortcodes or text message Programs to which you are subscribed. You acknowledge and agree that texting STOP to any text message you receive from us will serve as an opt out of that specified Program only. It does not serve as a company-wide “do not call” request. You understand and agree that you may receive confirmatory opt out text messages after texting STOP.
Fees and Charges
There is no fee to receive automated communications from us. However, you may incur a charge for these communications from your telephone carrier, which is your sole responsibility. In addition to any entry, submission, donation or other fee of which you are notified, message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that we are not responsible for such charges.
Unauthorized Use of Your Telephone Device
You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
Call Recording and Monitoring
You acknowledge that telephone communications to or from us may be monitored and recorded and you consent to such monitoring and recording.
Your Indemnification to Us
You agree to indemnify us for any claims under the Federal Telephone Consumer Protection Act, or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
Release of Claims
By agreeing to receive communications from us, you agree to release us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms based on any alleged violations of the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, and/or any similar state and local acts or statutes to the maximum extent permitted by law.
Technical Issues
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all Internet service provider, mobile service, and other services needed to receive communications, including, without limitation, telephone communications and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of this Agreement and your membership in any Program.
SMS Subscriptions
By subscribing to First Tee mobile alerts, you certify that you are over 18 years of age or have parental consent, are the account holder or have the account holder’s permission, and agree to receive ongoing SMS messages from the First Tee Parties. 10 messages are typically delivered per alert type per week based on specific subscription preferences but that number may be lower or higher at any given time. Service is available on select carriers. The First Tee Parties will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. SMS messages are provided on an as is basis.
Acceptance of Agreement
By accessing or using any of First Tee’s Programs, you accept and are legally bound under this Agreement. We may update or revise this Agreement from time to time. The most current version of the Agreement will be posted on firsttee.org (the “Site”) under the link at the bottom of the homepage, so please review this Agreement frequently. Your continued use of First Tee’s Programs, the Site or Services constitutes your acceptance of such updates and revisions, which may be made by us, at any time and without any notice to you.
Privacy Policy
Please see our Privacy Policy, which contains a description of the information gathering and dissemination practices for the Programs and the Site. As a condition to the use of the Programs and the Site, users of the Program and the Site expressly agree to the terms set forth in our Privacy Policy, which is incorporated herein by reference hereto, as if fully set forth in this Agreement.
Modification to Terms of Use and Site
We reserve the right, at any time and for any reason, in our sole discretion, to change this Agreement, including the Privacy Policy, without any further or prior notice to You, and your continued and subsequent access to the Programs and the Site will be deemed acceptance by you of these changes. We reserve the right to modify or terminate the Programs, or any part thereof, temporarily or permanently, at any time and from time to time, and with or without notice to you. We retain the right to monitor use of the Programs, to determine compliance with the Agreement for any reason in accordance with applicable federal, state, or local law. Notwithstanding these rights, you remain solely responsible for your use of the Programs. You agree that we shall have the right, in our sole discretion, to terminate or suspend your access to or use of the Programs or any part thereof temporarily or permanently, at any time and from time to time, and with or without notice, for any reason whatsoever including, without limitation, quality assurance or if we believe that you have violated or acted inconsistently with the letter or spirit of any provision of this Agreement. You also agree that we will not be liable to you or to any third party for any modification, termination, or suspension of access to the Programs.
Description of Service.
The Programs provide promotion, support, solicitation and functionality for the First Tee Parties (“Services”).
The Programs and Services are provided “AS-IS” and “AS-AVAILABLE” for your use, and we are not responsible for the timeliness, deletion, inaccuracy, interruption, or mis-delivery of any part of the any SMS, Programs or Services.
Additionally, the Programs are intended for your personal, noncommercial use only. You shall not use any Program or Services for any commercial or business-related purpose, unless expressly licensed by PGA TOUR First Tee Foundation, Inc.
BY ACCEPTING THE TERMS OF THIS AGREEMENT YOU WAIVE, RELEASE, AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION WE TAKE DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.
Charitable Solicitation Disclosure
This Site may be used to solicit and collect charitable contributions from Users, for which we are licensed and registered to do by the state of Florida. A COPY OF THE OFFICAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES FOR THE STATE OF FLORIDA BY CALLING TOLL FREE AT 1-800-435-7352 (800-HELP-FLA). REGISTRATION DOES NOT IMPLY ENDRORSEMENT, APPROVAL OR RECCOMENDATION BY THE STATE OF FLORIDA. (FLA. REGISTRATION #CH60204).
User Accounts
To obtain access to certain portions or features of the Site or Service, if you are 13 or older, we may require that you first register an account with us (“Account”). The nature of your Account registration may determine the types of Services that are available to you through the Programs, and some types of Services may not be available to you without registering an account. The Services are generally accessible by you, except for reasonable periods of inaccessibility for system maintenance. We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts. Even in cases where notification is usually required we may modify, suspend, or terminate access to certain portions of the Programs or Services at any time and for any reason without prior notice, in order to protect the system or your Account. We will give you notice in other situations if required by law.
Your Registration Obligations
Prior to creating an Account with us, you may be required to submit certain information or other User Submitted Content to us. You agree to keep your Account information current and to notify promptly us of any changes. We, in our sole discretion, will determine whether to grant you access to the Site by assigning you an Account for the Site and Services. You represent and warrant that all such information and User Submitted Content that you submit to us is true, accurate, current, and complete. We retain the right to suspend or terminate your Account and refuse any and all current or future use of the Site, Services, and Content (or any portion thereof) if you provide any untrue, inaccurate, outdated, or incomplete information, if we reasonably suspect that you have provided untrue, inaccurate, outdated, or incomplete information, or if you breach any terms or conditions of this Agreement
SMS Service
By subscribing to SMS Service, you certify that you are over 18 years of age or have parental consent, are the account holder or have the account holder’s permission, and agree to receive ongoing SMS messages from us. 10 messages are typically delivered per alert type per week based on specific subscription preferences. Service is available on select carriers. In addition to any entry, submission, donation or other fee of which you are notified, your carrier’s standard message and data rates may apply. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. SMS messages are provided on an as is basis. Data obtained from You in connection with SMS service may include your cell phone number, carrier’s name, and date, time and content of message. Such information may be used by us to contact you and to provide services you request. You can cancel your alert subscription at any time by texting STOP to 833-516-6252. For more information call 904-940-4300.
Restrictions on Use of Programs or Services
As a condition to using the Programs, you agree not to:
A. permit or facilitate access to any Program by any third party or by any 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 Programs, including, without limitation, real-time information feeds or other video, audio, or data content, whether current or archival;
B. upload, submit, post, e-mail, transmit, or otherwise make available any topic, name, material, or information that is unlawful, harmful, infringing, threatening, abusive, harassing, tortious, 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, 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 Programs or Service servers or networks connected to the Programs or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Programs or Service;
D. use, export, or re-export any Programs or Services, in whole or in part, in violation of any applicable laws or regulations, including, without limitation, the export control laws of the United States; or
E. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of, the use of, or access to the Programs or Services.
Indemnity
You agree to indemnify and hold us, and our subsidiaries, licensed chapters, affiliates, officers, directors, shareholders, agents, contractors, sponsors, donors or other partners, and employees, harmless from any claim, demand, cause of action, liability, damage, cost, or expense, including, without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Site, Service, or Content; (ii) your connection to the Site or Service; (iii) your violation of any provision of this Agreement; (iv) your violation of any federal, state, or local law or regulation; or (v) your violation of any rights of another. The First Tee Parties reserve the right under this section of the Agreement to assume, at the First Tee Parties’ sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with the First Tee Parties in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF FIRSTTEE.ORG OR ANY PROGRAM AND SERVICE IS AT YOUR SOLE RISK. THE PROGRAMS AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
B. WE MAKE NO CLAIM THAT FIRSTTEE.ORG, THE PROGRAMS, OR SERVICE WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THE SERVICE AND CONTENT MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAMS, SITE OR SERVICE WILL MEET YOUR EXPECTATIONS.
C. ANY MATERIAL UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE PROGRAMS, SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING OR DOWNLOADING OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE ORGANIZATION OR ITS LICENSED CHAPTERS, AFFILIATES (PARENT OR SUBSIDIARY COMPANIES) OR ANY OF THEIR OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, CO-BRANDERS, OR OTHER SPONSORS, DONORS, CONTRACTORS, PARTNERS, MEMBERS, EMPLOYEES, AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER FORESEEABLE OR UNFORESEEABLE, RESULTING FROM: (i) THE AVAILABILITY OR PERFORMANCE OF THE PROGRAMS OR SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER SUBMITTED CONTENT; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR CONTENT, INCLUDING ANY STATEMENTS OR CONDUCT THAT MAY BE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL, OR INFRINGING; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMS, SITE OR THE SERVICE. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, YOU AGREE THAT OUR TOTAL, AGGREGRATE, AND COMPLETE LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT IN NO EVENT SHALL EXCEED THE TOTAL AMOUNT OF $250.00. ALL OF THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR LIABILITIES.
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.
Dispute Resolution
A. Arbitration. Any controversy or claim arising out of or relating to this Agreement and/or any Program, the Service, or the negotiation, formation, performance, or breach thereof, shall be determined by arbitration administered by the American Arbitration Association under its rules. All arbitration matters and related proceedings shall be conducted in strict confidence and conducted exclusively in St. Johns County, Florida. The arbitration shall be conducted by a single arbitrator selected by the parties. The written decision of the arbitrator shall be final, binding, and convertible into a court judgment in any appropriate court having jurisdiction. The arbitration proceedings and decision shall be confidential. Nothing in this section shall prevent either party from seeking an injunction or other immediate relief in any court, wherever located, to seek equitable relief.
B. Court Proceedings. Except for the provisions of the preceding paragraph, all other disputes arising out of or relating to this Agreement are subject to the exclusive jurisdiction of the federal or state courts in St. Johns County, Florida, and you expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, parent companies, partners, employees, shareholders, contractors, officers, and directors.
C. Limitation on Claims. You agree that any claim, action, or dispute that you have arising out of your use of the Programs, this Agreement, and/or the Services must be commenced within one (1) year after the claim or cause of action arises.
D. Legal Fees. If any legal proceeding is instituted in connection to or relating to the Programs, this Agreement, and/or the Service, the prevailing party shall be entitled to recover from the other party its costs, including reasonable attorneys’ fees and costs, at both trial and appellate levels.
Governing Law
This Agreement is governed by the laws of the State of Florida, without reference to conflict of laws principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. This Agreement is a contract for services and not a sale of goods. The parties agree that this Agreement, the Programs, the Site, and the Service shall not be subject to or governed by the Uniform Commercial Code.
Interpretation
The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. If any court of competent jurisdiction finds any provision of this Agreement or any portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible in furtherance of the intent of this Agreement, and the remaining provisions of this Agreement shall continue in full force an effect.
User Must Comply with Applicable Laws
You shall use the Programs and the Site for lawful purposes only. The Programs and Site are based in St. Johns County, Florida, in the United States. We make no claims concerning whether the Services or Content may be downloaded or are appropriate for use outside the state of Florida or the United States. If you are accessing the Programs or outside the state of Florida or the United States, you are solely responsible for ensuring compliance with the laws or your specific jurisdiction.
Miscellaneous Provisions
You acknowledge that you have read this Agreement, understand it, and agree to be legally bound by its terms and conditions. You agree that this is an Agreement between independent contractors, and it is not a joint venture, partnership, employer-employee, agent-principal, or franchisor-franchisee relationship. Neither you nor the First Tee Parties are authorized to bind the other to any contract, or to act as an agent on behalf of the other, whether legally or otherwise. This Agreement is the entire agreement and a complete and exclusive statement of the agreement between the parties, which supersedes all prior or concurrent negotiations, proposals and understandings, whether oral or written, and all other communications between the parties relating to the subject matter of this Agreement. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. This Agreement shall be binding upon and shall inure to the benefit of the parties and their successors. The rights and obligations hereunder shall survive the termination, cancellation, or expiration of this Agreement for any reason whatsoever.
Please report any violations of the Agreement to: [email protected].
Last Modified: May 2026
Copyright ©2026 by PGA TOUR First Tee Foundation, Inc. All rights reserved.