Privacy Policy & Terms of Use - Desert Willow Golf Resort

KemperSports Management, Inc.
Golf Property Web Site Privacy Policy

Introduction

This Privacy Policy (“Privacy Policy”) describes the measures KemperSports Management, Inc. (“KSM”; “we”; or “us”) takes with regard to collecting, using, protecting and disclosing personally identifiable information (including, without limitation, name, address, telephone number, and e-mail address) that you voluntarily provide through this web site or the web site of any of our Business Partners (as defined below) that is provided to us or via e-mail to us or any of our Business Partners that they provide to us (collectively, “personal information”). It also describes KSM’s practices with respect to non-personal information, which includes tracking information collected as you navigate through this web site. We and our Business Partners may use personal information subject to the terms of this Privacy Policy and applicable law. Our Business Partners may also utilize personal information that they collect pursuant to their own privacy policy(ies). We are not responsible for the actions of our Business Partners with respect to their use of personal information you provide to them. Please note that use of this web site constitutes your acceptance of this Privacy Policy.

Information Collection and Use

We collect personal information that you provide primarily to respond to your inquiries and to provide you with or contact you about the services, products or other matters described on this site or the sites of our affiliates, partners, advertisers or clients, including the golf course properties we manage (collectively, “Business Partners”).

We also collect personal information to enhance your visit to this site or our Business Partners’ sites and deliver more individualized content, advertising and/or offers. For example, we may use personal information to communicate with you regarding this Privacy Policy or regarding surveys, sweepstakes, contests, special events, promotions and other matters. We may combine information collected online with information we have collected through other means.

Personal Information may also be collected and used on our behalf by, or shared with, third party contractors we hire to assist us in the administration, hosting, operation, maintenance and/or technical support of this site or our Business Partners’ sites or by other third party contractors we retain to assist us or our Business Partners in the operation of our respective businesses.

We may also collect and aggregate non-personal information (information that does not personally identify you) from users of this site or our Business Partners’ sites to analyze web site traffic, e.g. determine which web site pages are visited most frequently or what features are most attractive to users or for other reasons, and take action based on the analysis, e.g. improve the sites.

At any time, if you do not wish to receive e-mail from us or you do not wish us to use your personal information in any way, you may “opt out” by following the instructions in the e-mail that you receive from us or by contacting us as described below in the section entitled, “Opting Out.” If you do not wish to receive e-mail from our Business Partners, you may “opt out” in the same manner and we will take you off the marketing lists that we maintain related to our Business Partners and notify appropriate Business Partner. However, we are not responsible for the actions or inactions of our Business Partners. Unless you provide instructions by “opting out,” neither we nor our Business Partners are restricted in any way with regard to how we may use personal information you supply, subject to applicable law and this Privacy Policy, and we may share it with, or sell or license it to, our Business Partners or other third parties for marketing or other purposes.

Notwithstanding anything else in this Privacy Policy, including any “opt out” instructions we receive from you, we may also disclose personal information without notifying you in the following circumstances: (i) in response to subpoenas, court orders, or legal process, or to establish or exercise our or our Business Partners’ legal rights or defend against legal claims; (ii) when we believe it necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our or our Business Partners’ Terms of Use, and/or to protect our or our Business Partners’ rights and property or those of others with which we do business; or (iii) when we or a Business Partner sells, buys, merges or partners with other companies or businesses, where user information may be among the transferred assets or disclosed information.

How We Gather Information

Log Files

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our or our Business Partners’ user base as a whole. We do not link this automatically-collected data to personal information, nor do we tie IP addresses to personal information.

Cookies/Pixels

We, along with our service providers, use cookies and similar technologies known as “pixel tags”, “web beacons” or “clear GIFs” on our web site. Cookies are small text files that a web browser uses to store certain data which helps us to identify your preferences and to optimize your experience on our Web Sites. Cookies also allow us to hold selections when making a reservation or engaging in another transaction on one of our Business Partners’ web sites without checking out. Pixel tags, web beacons or clear GIFs are small electronic images (often a single pixel (1×1) that are ordinarily not visible to web site visitors and may be associated with cookies on the visitor’s hard drive) used by our service providers on our web sites as part of our advertising program which helps us display customized advertisements to you based on your browsing behavior and to evaluate the effectiveness of our program.

We use a third-party tracking service, Google Analytics, that uses cookies to track non-personally identifiable usage and volume statistics about visitors to this site or our Business Partners’ sites in the aggregate for the purpose of understanding how those sites are used as well as targeting advertising and marketing materials to you. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. . We may use other similar third-party web analytics services on this web site for similar purposes. By using this web site, you consent to the processing of data about you by Google and other analytics providers in the manner and for the purposes set out above. For more information regarding Google Analytics please visit Google’s web site, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.

Do Not Track Protocols

The major browsers have attempted to implement the draft “Do Not Track” (“DNT”) standard of the World Wide Web Consortium (“W3C”) in their latest releases. As this standard has not been finalized, the web site is not compatible with DNT and so we do not recognize DNT settings.

Links to Other Sites

To the extent that this site or our Business Partners’ sites contains links to other sites that are not owned or controlled by KSM or our Business Partners, please be aware that neither we nor our Business Partners are responsible for the privacy practices of those other web sites. We encourage you to be aware when you leave this site or our Business Partners’ sites and to read the privacy statements and policies of each and every web site that collects personal information.

Security

We follow generally accepted industry standards to protect the personal information we receive from unauthorized access or disclosure. However, no method of electronic storage or security is 100% reliable. In addition, please be advised that the web pages on this site or our Business Partners’ sites from which you may be asked to provide personal information do not transmit such information in encrypted form.

Right to Access, Amend, Opt Out

If you would like to know the personal information in our possession about you, if your personal information changes, or if you no longer want us to use your personal information, such as to opt out of receiving electronic communications from us (except as expressly provided above), please contact us via e-mail at info@kempersports.com, or via postal mail at: KemperSports Management, Inc., Web Site Opt Out, Legal Dep’t., 500 Skokie Boulevard, Suite 444, Northbrook, IL 60062. Please allow up to thirty days for response, and we may ask for additional information in order to authenticate your request. Our sole obligation, unless otherwise required by law, shall be to exercise commercially reasonable efforts to comply with your request.

International Users

This is a U.S. focused web site. The web site is not directed to users outside of the United States and are administered from the United States. Information provided through the web site may be uploaded to a cloud and/or transferred to the U.S. By providing information to the web site or to those operated by our Business Partners you consent to the transfer, processing and/or use of the information to the U.S. and/or through a cloud. In the event you utilize the web site from outside of the U.S., you consent to the uploading of any information to a cloud and the transfer of the information to the U.S.

California Residents

If you are a California resident, you may ask us certain information about the type of your personal information we share with third parties for direct marketing purposes and the identity of any such third party. Once per calendar year, California residents may request this information by contacting us at the address set forth above.

Children

We do not knowingly collect or solicit personal information from or relating to any child under 13 years of age. If you believe we have any information from or relating to any child under the age of 13, please contact us at the address listed below so that we may remove such data from our records.

Careers

Information about potential employment opportunities with KSG and at golf course properties we manage can be accessed from the career section of this web site. KSG is an equal opportunity employer. Information provided through the careers section will be used to process employment applications, including by assessing qualifications, verifying information, conducting reference or other employment-related checks (if you submit an application for employment), but will not be used for marketing purposes.

Changes to this Privacy Policy

KSM reserves the right to change this Privacy Policy at any time by posting revisions to it on this site. Please check this page periodically for changes. Your continued use of this site following the posting of changes to this Privacy Policy will mean that you accept those changes.

DELIVERING POWERFUL RESULTS. Custom Property Management & Services

KemperSports

500 Skokie Blvd., Suite 444

Northbrook, IL 60062

847.850.1818

KemperSports Management, Inc.
Golf Property Web Site Terms of Use

1. Introduction. KemperSports Management, Inc. (“KSM”; “we”; or “us”) makes this web site (the “Site”) publicly available for the purpose of providing information about our products and services and the opportunities we offer. We appreciate your visit.

2. Terms of Use. These Web Site Terms of Use (“Agreement”) describe the terms and conditions applicable to your use of the Site. Your use of this Site constitutes your acceptance and agreement to be bound by this Agreement. We reserve the right to modify this Agreement at any time without prior notice by posting a modified version of this Agreement online.

3. Use of Site. You may use the Site and the information presented on it (the “Content”) solely for the purpose of learning about KSM and its affiliates and business partners’ products and services and for communicating with KSM or its affiliates or business partners regarding same or regarding opportunities offered by them, such as employment. You may use the Site and Content only for lawful purposes. You agree not to take any action that might compromise the security of the Site or Content, render the Site or Content inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Site or Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site or Content in any manner that might interfere with the rights of third parties.

4. Ownership of the Site and Intellectual Property Rights. KSM or its licensors owns all rights, title and interest in and to the Site and to all Content. This Agreement does not confer upon you any ownership rights to the Site or Content or any part of it, nor to any Content or any third party content or materials contained on the Site. All elements of the Site and Content are protected by U.S. Copyright Law and international treaties, and belong to KSM or its licensors. You agree that you will not at any time do or knowingly permit to be done any act or thing that would in any way impair the rights of KSM or its licensors in and to the Site or Content. The trademarks, logos and service marks displayed on the Site, including KemperSports, True to the Game, and associated graphic logos, are registered or common law trademarks or service marks of KSM, which may not be used without prior written consent. No right to use any of these marks is conveyed by KSM.

5. Links to Third-Party Web Sites. Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by KSM of the third party, the third party web site, or the information contained therein. KSM is not responsible for the availability of any such third party web sites, nor liable for any such site or the content thereon. If you use the links to the web sites of KSM affiliates or business partners or co-venturers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those third party sites.

6. Linking to this Site. If you would like to link to the Site, you may do so, but you may not connect or link to any page on the Site without also linking to the Site’s home page. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

7. Indemnification. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless KSM, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this Agreement.

8. Information Supplied by You. KSM does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us (or post to the Site) will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you represent and warrant that you have the legal right to supply or post such information or material and that it will not violate any law or the rights of any person or entity. By supplying or posting information or material on the Site, you give KSM the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from it, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

9. User Name and Password Security. If KSM makes available certain areas of the Site or Content solely to users having an authorized user name and password, you are responsible for maintaining the confidentiality of your user name and password information, and for restricting access to your computer. You accept responsibility for all activities that occur under your user name and password.

10. Notification Under Digital Millennium Copyright Act.

10.1 Notification to KSM of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify KSM’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at

KemperSports Management, Inc.

500 Skokie Boulevard, Suite 444

Northbrook, IL 60062

Email: info@kempersports.com

Please provide our Agent with written notice that includes substantially the following, pursuant to Sec. 512(c)(3) of the U.S. Copyright Act:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (please provide us with the URL of the specific web page(s)).

iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

KSM will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Please also note that, pursuant to Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

10.2 Counter-Notification Regarding Allegation of Copyright Infringement. If you choose to send us a counter-notice in response to a notice of copyright infringement, in order to be effective it must be in writing and sent to KSM’s designated Copyright Agent identified above. Such counter-notice must include substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

i. Your physical or electronic signature.

ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please provide us with the URL of the specific web page(s)).

iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

Please be advised that, pursuant to Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

11. Damages Disclaimer; Limitation of Liability.

11.1 While KSM uses reasonable efforts to include and provide accurate and up-to-date information through the Site and in the Content, KSM makes no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. KSM does not represent or warrant that use of any Content will not infringe rights of third parties. KSM has no responsibility for actions of third parties or for information or content provided by others.

11.2 USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER KSM, NOR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS, SERVICES OR OTHER WEB SITE AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE THEREOF. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, ARE SPECIFICALLY DISCLAIMED. NEITHER KSM, NOR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, ARE RESPONSIBLE OR LIABLE FOR ANY INFORMATION OR CONTENT SUPPLIED OR POSTED BY THIRD PARTIES, THE ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

11.3 IN NO EVENT SHALL KSM, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KSM, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.

12. Discontinuation of Service. KSM may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. KSM may deny access to any user at any time for any reason.

13. Miscellaneous. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including this paragraph. This Agreement is not assignable, transferable or sublicensable by you except with KSM’s prior written consent. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KSM as a result of this Agreement or use of the Site. KSM’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of KSM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by KSM with respect to such use. If any part of this Agreement or specific language is determined to be invalid or unenforceable pursuant to applicable law, including the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision or the specific language thereof will be deemed superseded by a valid, enforceable provision or specific language that most closely matches the intent of the original provision or language and the remainder of the Agreement shall continue in effect. Neither party to this Agreement will be liable to the other by reason of failure in performance of this Agreement if the failure arises out of any cause beyond the reasonable control of that party. No cause of action arising out of the use of the Site or this Agreement may be instituted by you more than six (6) months after the cause of action first accrues. The terms “you” and “your” include individuals, corporations, partnerships, trusts, other legal entities, organizations and associations, and any government or governmental agency or authority. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The words “approval,” “consent” and “notice” shall be deemed to be preceded by the word “written.” Notice provided by electronic means, to the extent permitted by this Agreement, shall be deemed to constitute written notice. Each party acknowledges that it has had the opportunity to review this Agreement with legal counsel and the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any other document executed and delivered by either party in connection with the transactions contemplated by this Agreement. The captions in this Agreement are for convenience of reference only and shall not be used to interpret this Agreement. No provision hereof shall be deemed waived by KSM unless such waiver shall be in writing and signed by KSM or a duly authorized representative of KSM. Both parties agree that this Agreement, and any other documents expressly incorporated herein, contain the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancel all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. Upon expiration or termination of this Agreement for any reason, all provisions protecting the intellectual property of KSM, warranty disclaimers, damages disclaimers, limitations on liability, license grants and all other provisions for which survival is equitable or appropriate, shall survive. You agree no claim subject to this Agreement or arising or related to your use of the Sites may be brought as a class action. In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy provided to you via the Site, this Agreement shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, this Agreement shall control. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. KSM may at any time assign, convey, sell or otherwise transfer any or all of its rights and obligations under this Agreement to any third party or affiliate. It is the express will of the parties that this Agreement and all related documents have been drawn up in English. This Agreement is governed by the laws of the State of Illinois, U.S.A. You hereby consent to the exclusive jurisdiction, including personal jurisdiction, and venue of the State and Federal courts in Cook County, Illinois, in all matters arising out of or relating to the use of the Site and this Agreement.

End of Agreement.

KemperSports

500 Skokie Blvd., Suite 444

Northbrook, IL 60062

847.850.1818

DELIVERING POWERFUL RESULTS. Custom Property Management & Services