TERMS OF USE
By agreeing to register with PGA PerformanceTrak, you agree to abide by these terms of use and Privacy Policy. If you do not agree to these terms of use, you are free to opt-out however, if you opt-out you will not be granted access to the solution and will be unable to use the service.
System:
PerformanceTrak is a benchmarking service (the “Service”) from PGA of America in Cooperation with NGCOA. PGA Members and NGCOA members and any additional authorized users and organizations, as determined by the PGA of America, are invited to participate.
Confidentiality:
All participants gain access to the system with user IDs and passwords. Program administrators have a number of processes in place to maintain confidentiality of individual facility data. These include ID and Password access control to administrative systems and rights for access to such systems limited to administrative staff involved with the program. Individual data submitted to the service will not be shared with any other participating facility; nor will any staff outside of those administering the PerformanceTrak program use, reference or review individual facility data for any purpose. At NGCOA's request, the listing of those facilities participating in a local market report for a particular month will be listed (as they are currently on NGCOA Benchmark Reports) on the face of monthly reports however, no individual facility data is disclosed to any other user.
Data Migration:
On a one time basis, users of the NGCOA Financial Benchmark Program currently operated by Golf Datatech will be asked to agree to terms that include opt-in for migrating their facility's (facilities') historical data to the PGA PerformanceTrak in Cooperation with NGCOA for purposes of providing data for future reports such as month to month reports, YTD comparative reports and rolling 12 month reports. This will also include facility profile information. Upon agreement, PGA and NGCOA will work with GDT to migrate such historical data for one or more specific facilities.
Operations:
PerformanceTrak data is housed on servers in a protected server operations location. As program administrator, PGA is responsible for hosting and operations. The primary site is www.PGAPerformanceTrak.com ( http://www.pgaperformancetrak.com/ ) and related pages.
Data input:
Authorized users agree that they are authorized by their facility to enter and edit PerformanceTrak data and are authorized to access the system. If a user has access to a functional user ID and password, then PGA and NGCOA bear no liability for unauthorized access to the system. Authorized users also agree that to the best of their knowledge, data submitted is accurate. Data can be updated if needed by participants or customer service contacts. Users acknowledge and provide approval in advance for customer service contacts and program administrators to view any data submitted for purposes of customer service, data quality review, and similar program management tasks. PerformanceTrak reserves the right to exclude certain data from reporting if in Program Administrator's judgment the data does not meet data quality standards.
PerformanceTrak Database:
Data submitted is for purposes of PerformanceTrak reporting only. PerformanceTrak data for a facility is stored in database tables for the facility by facility ID. While data submitted to the service by an authorized user for a facility is owned by the facility, the facility and authorized user(s) grant rights to PerformanceTrak for use of the data for purposes of reporting. Once in the database and monthly reports have been generated, it is PerformanceTrak's intent to keep the data in the database so that any future online reports run for prior periods remain consistent with previously published reports.
Reporting:
Authorized users have access to online reports and agree to use reports for their own facility operations and analysis. Users are not permitted to redistribute, sell, or otherwise re-use data and reports for any other purposes. Reports are generated based on user data submitted. Once data is submitted, you are providing the PGA of America and its authorized user with a perpetual license to use the data submitted for data analysis and reporting purposes.
Data submission:
The primary method for monthly data submission is via email. Alternative methods are via spreadsheet and fax. Each alternative method involves PGA of America and in certain cases NGCOA customer service staff and contractors who all are required to maintain confidentiality of individual facility data. Any material (including your photographs, video clips or stories) you submit to the PGA of America, you agree to grant the PGA of America a perpetual, royalty-free, worldwide, non-exclusive license to use your contribution in all media. This includes the right to copy, edit, publish, grant sub-licenses and exercise all other copyright and publicity rights over the material. If you do not want to grant these rights, please do not submit your contribution to us.
You warrant that the materials you submit are original, that you have the right to grant the above license. You waive all moral rights in the materials for the purposes above.
Local Markets:
PGA and NGCOA strive to achieve local market reporting for all participants subject to achieving sufficient critical mass for reporting in a market.
Intellectual Property:
The PerformanceTrak information systems solution is the intellectual property of the PGA of America.
The copyright in the website and the Service is owned by the PGA of America. No part or parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written consent of the PGA of America. You also may not, without the PGA of America's written permission, insert a hyperlink to this website on any other website or 'mirror' any material contained on this website on any other server.
Any trade marks, service marks and logos displayed in this website are the property of the PGA of America and where applicable, third party proprietors identified in the website. No right or license is given to any party accessing the website to download, reproduce or use any such trade marks or service marks. No such trade mark or service mark may be used as a link to any other site unless establishment of such a link and use of such trade mark or service mark is approved in advance by the PGA of America in writing.
Disclaimer:
The information and materials contained in the Service and accompanying website, including services, products, information, data, text, graphics, audio, video, links or other items are provided on an 'as is' and 'as available' basis. The PGA of America and NGCOA make no warranty as to the accuracy, adequacy or completeness of such information and materials and expressly disclaims liability for errors or omissions in such information and materials.
The information contained in this website may be modified, deleted or replaced from time to time and at any time in the absolute discretion of the PGA of America.
No warranty of any kind, implied, expressed or statutory, including but not limited to any warranties of title, non-infringement of third party rights, satisfactory quality, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with this website, or any information and materials herein.
No warranty is given that access to any information or materials on this website, or this website as a whole will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no warranty is given that this website is free from any virus or other malicious, destructive or corrupting code, agent, program or macros.
Exclusion of Liability:
The PGA of America shall in no event be liable for any damages, loss or expense including, without limitation, direct, indirect, special or consequential damage or economic loss arising from or in connection with -
(i) any access, use or the inability to access or use this website, or reliance on the contents of this website,
(ii) any system, server or connection failure, error, omission, interruption, delay in transmission or computer virus,
(iii) any use of or access to any other website linked to this website,
(iv) any services, products, information, data, software or other material obtained from this website or from any other website linked to this website, even if the PGA of America or its agents or employees are advised of the possibility of such damages, losses and/or expenses, any hyperlinks to any other website are not an endorsement or verification of such websites and such websites should only be accessed at the user's own risks.
Unlawful use:
You may only use this site for lawful purposes and you may not inhibit the use and enjoyment of this site by any third party. You agree to abide by all applicable laws, regulations and codes of conduct and to be solely responsible for all things arising from your use of this site. You may not submit, publish, post, distribute or transmit any defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information.
Actions for unauthorized use:
If the PGA of America considers, in its sole discretion, that you have breached these terms of use or demonstrated inappropriate conduct in your use of this site, we reserve the right to: warn you via email and require you to discontinue such conduct; delete any material which you have posted to this site; discontinue your registration to this site or any related service; and/or take other measures, including terminating, suspending or restricting your use of this site. Any action that we take is without prejudice to any of our accrued rights.
Governing law:
These terms of use shall be governed by and construed in accordance with United States Law and you agree to submit to the exclusive jurisdiction of the United States courts. In the event that the laws of the jurisdiction you are in do not permit or impose restrictions on the access to the contents of the Service, you shall forthwith discontinue access or comply with such restrictions as the case may be.
Deadline for reporting:
The existing timeline for monthly processing includes data input pages available on the first day of the month with input through the 22nd of each month. Based on that input and data submitted by the 22nd, monthly reports are generated. Users may also submit historical data for prior periods to support trend reports for your facility (facilities) compared to benchmark data.
Customer Support:
For NGCOA Members, Customer Service and support is available first through NGCOA Membership Services then through PGA of America resources. Contact information for NGCOA is Nancy Downie, Phone: (800) 933-4262, e-mail: ndownie@ngcoa.org. Contact information for PGA of America for PGA PerformanceTrak, is at (800) 477-6465, ext. 8574, Monday - Friday, 8 a.m. to 4:30 p.m. (Eastern time). Via email at PerformanceTrak@pgahq.com.
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