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MPTG Mobile App User Agreement

MyProToGo Mobile App User Agreement

The following Terms of Use (“Agreement”) governs use of the MyProToGo Application (“Mobile Application,” “App”), as provided by MyProToGo, LLC (“MyProToGo,” “Service Provider,” “we,” or “our”), by all who access the App, including without limitation persons and representatives of entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content (collectively, “you” or “your”).

PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT AND TERMS OF SERVICE (“LICENSE”) CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APP ACCOMPANYING THIS LICENSE. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APP, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON AND YOU MAY NOT USE THE MYPROTOGO APP TO WHICH THIS LICENSE APPLIES.

This Agreement may be modified from time to time; the date of the most recent revisions will be communicated on or through the MyProToGo web site (myprotogo.com), so check back often. Continued access of the App by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow these rules, whether listed below or communicated on or through the App, may result in suspension or termination of your access to the App, without notice, in addition to Service Provider’s other remedies.

I. General:

A. The App and Services (defined below) accompanying this License are licensed, not sold, to you by MyProToGo for use strictly in accordance with the terms and conditions of this License and the applicable usage rules established by any third party mobile device platform or service provider or the third party from whom you are downloading this App (as defined in section I.B.) that relate to Your Mobile Device (as defined in section V.A.) (“Usage Rules”), which are incorporated herein by reference. It is your responsibility to determine what Usage Rules apply to your use of the App and Services, as they may be applicable to you depending on (i) your Mobile Device, (ii) the method in which you downloaded the App or accessed the preloaded App, and (iii) the third party from whom you downloaded the App or accessed the preloaded App.

B. The term “MyProToGo Mobile Application and Services” (the “Services”) shall refer to and consist of the following

i. the MyProToGo mobile software application, previously defined as the Mobile Application accompanying this License, together with various other MyProToGo – powered mobile applications and certain third-party integrated mobile device software applications, together with any software code, scripts, interfaces, graphics, displays, text, documentation and other components;
ii. any updates, modifications or enhancements to the items listed in subsection (i); and,
iii. any of the Internet-based, interactive information services, general and personalized content, and interactive tools provided by MyProToGo that may be used or accessible by means of the Mobile Application accompanying this License.

II. Monitoring: We strive to provide an enjoyable experience for our users, so we may monitor activity on the App to foster compliance with this Agreement. All users of the App hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the App, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.

III. Registration and Account Creation

A. Registration Information:
Service Provider may at times require that you register and/or set up an account to use certain portions of the App, or the App as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the App. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the App, if available. Otherwise, contact us.

B. Use of User ID/Password:

i. If you register and/or set up an account on the App, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
ii. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any mobile or other device on which your account resides or is accessible.
iii. 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 Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the App, if available, close the account and notify us.

C. Fees and Payments

i. Service Provider or third parties may charge you fees for products or services offered for sale through the App, and/or for access to portions of the App or the App as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the App by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as “Fees”). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
ii. If you submit your credit, debit or charge card information to Service Provider’s designated third party credit card processor (“Credit Card Processor”) upon registration or otherwise, you give the Credit Card Processor permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Service Provider or the Credit Card Processor for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

IV. Rules of Usage:

A. Use of the App By You: This App is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before purchasing the App, or making purchases on or through, the App.

i. Unless otherwise specified, the App is intended for your personal use only. You may not authorize others to use the App, and you are responsible for all use of the App by you and by those you allow to use, or provide access to, the App. You may not impersonate, imitate or pretend to be somebody else when using the App.
ii. You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio, or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
iii. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from communicating ethnic slurs, religious intolerance, homophobia, and/or personal attacks on or through the App.
iv. You further agree not to use any sexually explicit language or to provide to or post on or though the App any graphics, text, photographs, images, video, audio or other material that is sexually explicit. Do not engage in “cyber-sex” (i.e. virtual or simulated sex) or solicit another to participate in “cyber-sex” on or through the App.
v. You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the App only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.
vi. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the App does not violate the copyright, trademark, trade secret or any other personal proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
vii. The App may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (collectively, “Assets”). The Assets are protected by state, national and international copyright, trademark, and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the App, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.
viii. The App also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Service Provider or its licensors and it is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and “look and feel” of the App, and advertising thereon (collectively, “App Content”). The App Content is protected by state, national and international copyright, trademark, and other intellectual property laws, and is the property of Service Provider or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such App Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
ix. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the App, including without limitation the Assets or App Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the App.
x. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the App or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the App.
xi. You may not attempt to gain unauthorized access to Service Provider’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the App or otherwise.
xii. You acknowledge that the Service Provider has not reviewed and does not endorse the content of all sites or services (including other application) linked to from this App and is not responsible for the content or actions of any other sites, services or applications linked to or from this App. Your linking to any service or site is at your sole risk.
xiii. When using the Services, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) not otherwise interact with the App, unless your vehicle is stationary and legally parked; (iii) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this License; and (iv) arrange all wireless devices and cables necessary for use of the Services or Mobile Device in secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag)

B. Comments by Others are Not Endorsed by Service Provider: Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the App. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement

C. Use of Material Supplied by You: Except as expressly provided otherwise in this Agreement, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the App, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the App (if any) will be available to all users of the App, so you should be mindful of personal information and other content you may wish to post.

D. Indemnification: You agree to indemnify, defend and hold harmless Service Provider, its parent, subsidiary and affiliated entities, and third party service providers, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns from and against any and all claims, losses, damages and liabilities, costs and expenses (including attorney’s fees) which may arise from your submissions, from your unauthorized use of material obtained through the App, use or activity by anyone who uses your Registered Information with or without your authorization or who has access to Your Mobile Device, or from your breach of this Agreement, or from any such acts through your use of the App.

E. Editing and Deletions: Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the App in its sole discretion, without notice. If you do not accept updated versions of the App as they become available, your experience may not reflect the most recent material, features and/or content, for which Service Provider specifically disclaims any and all responsibility and liability.

V. License Grant

A. The Service Provider grants you a revocable, non-exclusive, non-transferrable, limited right to install and use the Mobile Application on a single mobile telephone or device controlled by you (each a “Mobile Device”), and to access and use the Services on such Mobile Device strictly in accordance with the terms and conditions of this License and the applicable Usage Rules.
B. Some or all of the Services may be provided by an affiliate or subsidiary of the Service Provider or a third party, and you may be subject to both this License and the terms of service of that third party. Certain portions of the Services may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of, or in connection with, any Mobile Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses with regard to your use of the relevant Third Party Software, the terms of the open source or third party licenses shall control. In no event shall these Services or components thereof be deemed to be “open source” or “publicly available” software.
C. The Service Provider does not warrant that the Services will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with Your Mobile Device. You acknowledge and agree that the Service Provider and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
D. You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction(s) in which any Services was obtained. You represent and warrant that you are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist sponsoring” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that you will not use the Services for any purposes prohibited by United States law.
E. You acknowledge that the Service Provider may from time to time issue upgraded versions of the Services, and you may be required to re-download an electronic upgrade the version of the Mobile Application that you are using on Your Mobile Device. You consent to such re-downloading the upgrade on Your Mobile Device, and agree that this License will apply to all such upgrades.
F. From time to time and without prior notice to you, we may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Services accessible by the Mobile Application. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you. Your use of the Services does not entitle you to the continued provision or availability of the Services.

VI. Disclaimer of Warranty and Limitation of Liability:

YOU ACKNOWLEDGE THAT YOU ARE USING THE APP AT YOUR OWN RISK. THE APP IS PROVIDED “AS IS”, AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE APP. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE APP.

NO ADVICE OR INFORMATION PROVIDED BY THE SERVICE PROVIDER, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL CREATE ANY WARRANTY.

SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE APP HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE APP, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE APP, YOUR USE OF OR RELIANCE ON THE APP OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE APP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “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”.

VII. Termination or suspension of access to the app: Service Provider has the right to terminate and/or suspend your ability to access the App or any portion thereof, for any or no reason, without notice.

VIII. Jurisdiction: Service Provider makes no representation that materials on the App are appropriate, available or legal in any particular location. Those who choose to access the App do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Colorado applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Denver, Colorado. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

IX. Apple Inc: By accessing this App through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that: (i) this Agreement is between Service Provider and you; Apple is not a party to this Agreement; (ii) Apple and its subsidiaries are third party beneficiaries of this Agreement and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable right to use the App on the Apple device(s) authorized by Apple that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service; (iv) Apple has no obligation whatsoever in connection with the functionality or content of the App, or to furnish any maintenance or support services with respect to the App; (v) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the amount you paid for the App, if any (to the maximum amount permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App); (vi) Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vii) in the event of any third party claim that the App or your possession and use of the App infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and/or discharge of such claim; and (viii) you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

X. Android, Inc: By accessing this App through a device made by Android, Inc. (“Android”), you specifically acknowledge and agree that: (i) this Agreement is between Service Provider and you; Android is not a party to this Agreement; (ii) Android, Google, Inc, and its subsidiaries are third party beneficiaries of this Agreement and upon your acceptance of the terms and conditions of this Agreement, Android will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable right to use the App on the Android device(s) authorized by Android that you own or control and as permitted by the Usage Rules set forth in Android’s App Store Terms of Service; (iv) Android has no obligation whatsoever in connection with the functionality or content of the App, or to furnish any maintenance or support services with respect to the App; (v) in the event of any failure of the App to conform to any applicable warranty, you may notify Android, and Android will refund the amount you paid for the App, if any (to the maximum amount permitted by applicable law, Android will have no other warranty obligation whatsoever with respect to the App); (vi) Android is not responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vii) in the event of any third party claim that the App or your possession and use of the App infringes such third party’s intellectual property rights, Android is not responsible for the investigation, defense, settlement and/or discharge of such claim; and (viii) you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
XI. Severability:

A. If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party

B. To the extent that any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this Section is reasonable in view of the parties’ respective interests.

XII. Privacy Policy:

A. Purchase Agreement: This Privacy Policy describes how we collect, use and share personal and account information that we obtain in connection with services provided to our clients. These privacy practices apply to past, current and potential future clients as well as any others who may be involved with MyProToGo.

B. Privacy Inquiries: If you have a question regarding this Privacy Policy or a concern about our privacy practices, please e-mail us at support@myprotogo.com, call 888-533-0741 or write us at 12450 E Arapahoe Rd, Suite B, Centennial, CO 80112.

C. Collection of Information

i. We may collect information about you or your account history several different ways: from what you provide to us when you become a MyProToGo client; when you use the services; from MyProToGo App, and Web pages you visit; or from calls or e-mails between us. Information we collect about you includes: contact information (such as name, mailing address, phone number and e-mail); golf swing type, golf handicap (GHIN) and other personal information that helps us customize our services, such as your requests for special orders, use of specific services, or attendance at events.
ii. Service Provider may also automatically collect information about the mobile or other device you use to access the App, including for example the make and model of your device, and (if applicable) the type of browser software you use, the operating system you are running, and your Internet Protocol (“IP”) address. In addition, your location may be collected and stored via the functionality of your mobile or other device and, if so, Service Provider may store and have access to such information.

D. Use of your Information: We may use your information to: (a) provide MyProToGo services to you; (b) check or maintain your MyProToGo account; (c) evaluate and improve our service; (d) enforce MyProToGo policies with you or others; (e) prevent fraud or misuse of MyProToGo service; (f) comply with legal requirements, valid court orders and exigent circumstances; (g) help protect the rights, property, or safety of you or others; (h) offer you new or additional products or services; (i) perform market research or (j) provide our monthly newsletter.

E. Information Sharing: It is the Service Provider’s policy that we not disclose, compile or resell your personal information or information about your current MyProToGo purchases and account status to any vendor, with the exception of GolfTEC and Sports Illustrated Golf Group. The Service Provider may enter into relationships with outside partners and vendors that include special opportunities available to our clients and leads. In these cases, we will send you communications on behalf of those vendors. We may share statistical or aggregated non-personal data about our clients or perspective clients with advertisers, partners, sponsors and other third parties.

F. Security of your Personal Information: It is important to the Service Provider to protect your personal information. We implement and maintain reasonable technical, physical and administrative safeguards to protect the security and confidentiality of client personal information under our control from theft, loss, misuse, improper disclosure, distribution or alteration.

We are committed to safeguarding your personal information. However, we cannot guarantee the security of any information transmitted over the internet. You provide information over the internet at your own risk. Our sites may contain links to third-party sites that we do not control or that are not covered by this Privacy Policy. We recommend that you check the privacy statement of other sites you visit before providing any personal information.

G. Control of your Personal Information: You may modify, correct, change or update your contact information at any time by contacting a MyProToGo Advisor via e-mail at support@myprotogo.com, calling 888-533-0741 or write us at 12450 E Arapahoe Rd, Suite B, Centennial, CO 80112. While we use reasonable efforts to ensure that the personal information we hold about you is accurate, complete and current, we generally rely on you to inform us about changes to your contact or other relevant information (e.g., name, address, telephone number, etc.).

You may also contact us to be placed on our do-not-contact lists (mail, e-mail and telephone) so you won’t receive marketing materials from us. If you are a MyProToGo client on this list, you may still receive notice regarding automatic renewal or deactivation of your services; confirmations and reminders of upcoming appointments. Once your name is restricted from contact, you will not receive future marketing offers or the newsletter from MyProToGo.

H. Changes to the MyProToGo Privacy Policy and the Terms and Conditions: We have the discretion to change our Privacy Policy and Terms and Conditions at any time. When changes are made, we will update the “Revised” date at the top of this page. We encourage you to occasionally review our website for updates.