Privacy Policy

General

This Website is operated by Fairways to Heaven Golf, LLC (“we/our/us”). “Website” means the website located at distincte.com, any subsequent URL which may replace this website, and all associated websites, URLs and micro sites. “You/your” means you as a user of the Website. “User” means all users of this Website. We offer this Website, including all information, tools and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.

WE TAKE PRECAUTIONS WITH USER INFORMATION AND PERSONAL DATA. We value our Users and respect your privacy. We collect information about you through the Website in an effort to improve your online experience and to communicate with you about our services and promotions. Neither your name nor anything personal about you is sold or shared with any non-affiliated company or agency, without your consent. However, as described in greater detail below, we may share your information under certain circumstances with businesses with whom we work to help the Website function. This Privacy Policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use certain of that information. By accessing this Website, you acknowledge this Website Privacy Policy and agree to be bound by the terms hereof and the Terms of Use set forth on the Website. If there is anything you do not understand please email any inquiry to info@distincte.com. If at any time you do not agree to this Privacy Policy, please do not use this Website.

We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and check the Website from time to time to be sure you understand all terms and conditions, agreements and policies of the Website and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

1. Types of Personal Information Collected

We will ask you for certain kinds of personal information (“Personal Information”) to provide the services you request. This information includes: Personal Information – You have the opportunity to provide us with you name, email address and other personal information; and Participation in Contest/Sweepstakes or Surveys – If you participate in one of our contests or sweepstakes or user surveys, we may ask for additional information, such as your age, interests or hobbies or require a submission.

2. Use of Your Personal Information

We use the Personal Information we collect for various purposes, including: to communicate with you about matters, including products, services, and promotions, that might be of interest to you; and to improve our overall Website experience.

3. Sharing Personal Information With Third Parties

3.1     We do not share, sell or trade your Personal Information gathered online with any third parties, except with your consent or as described herein. When there is a contest or sweepstakes available on our website, the information that is submitted will be shared with the companies we partner with for the contest or sweepstakes. We do not contribute to or participate in cooperative databases, which give other companies access to such Personal Information.

3.2     We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of Users of this Website or the public.

3.3     We may also disclose your Personal Information to outside individuals and/or companies that help us bring you the products and services we offer and to create, operate, and maintain our Website. For example, we may work with third parties to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; and (g) provide other services designed to assist us in developing and running our Website and maximizing our business potential. We require that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.

3.4     In addition, if we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred.

3.5     Our Website will allow users to post comments and other content to our Website. Any Personal Information that you post to our Website will become public information and will be accessible by other users of the Website. In addition, your user name will be viewable by other users, and we therefore encourage you to use a user name that is not your actual name. We have no responsibility to maintain the privacy or security of any such Personal Information that you may choose to post to our Website.

4. Non-Personally Identifiable Information

4.1     Through your use of this Website, we may also collect certain non-personally identifiable information from you (“NPII”). NPII is not associated with you as an individual. It is measured anonymously and only in the aggregate.

4.2     The Website may use cookies. A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer’s browser. Cookies help us remember you when you return to the Website. Cookies also hold information to personalize and enhance your experience and to gather website statistical data, such as which pages are visited, the Internet provider’s domain name and the addresses of the sites you visited immediately before coming to and immediately after leaving the Website. The information in the cookies lets us trace your “clickstream” activity (i.e., the paths taken by users of the Website as they move from page to page) to enable us to better serve our users by revealing which portions of the Website are the most popular. Cookies contain absolutely no Personal Information. You may disable cookies on your browser. Please review your browser’s instructions for doing so.

4.3     We may also use “pixel tags” (sometimes called “web beacons” or “clear gifs”), which are tiny graphic images, on the Website. Pixel tags help us analyze Users’ online behavior and measure the effectiveness of the Website and our advertising and marketing. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information.

4.4     Cookies, pixel tags and/or other analytical tools that we may use on the Website may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website you visited immediately before coming to the Website. We do not otherwise track any information about your use of other websites.

4.5     Cookies, pixel tags, and/or other analytical tools in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.

4.6     We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Website and your interaction with our advertising and other communications, but no Personal Information is shared with them.

4.7     We may combine the NPII collected through cookies, pixel tags and other analytical tools with other information we may have collected from you. This information may be used to improve our Website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes.

5. Your Security

5.1     We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access.

5.2     Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use every reasonable means to ensure the security of information you transmit through the Website, we cannot guarantee that such information will not be intercepted by third parties. We will, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.

6. Links to Other Websites

6.1     While visiting the Website, you may link to websites operated by third parties or you may have come to the Website using a link found in another website. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any website that may be linked to the Website. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities.

6.2     In addition, our privacy practices may differ from those of these other websites. If you provide Personal Information at one of those websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website’s privacy policy before providing Personal Information.

7. Opt-Out

You will receive emails from us only if you have asked to receive them. If you do not want to receive e-mails from us you may click on the “unsubscribe” link at the bottom of any email communication sent by us. Please allow us 10 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

8. Children and Privacy

The Website is not meant for children, and we will not knowingly collect any Personal Information from children under the age of 13 without verified parental consent. We will remove from our files any Personal Information of anyone we discover to be under 13 years old. Our online contests or sweepstakes are restricted to entrants who are at least 18 years old. We are concerned about the safety of children when they use the Internet, and we understand that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Website.

9. Your California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Maidens Media Group, LLC, 20 Tower Lane, Suite 330, Avon, CT 06001. Please allow 30 days for a response.

10. Disclosure for Legal Purposes

You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.

11. Non-Confidential Information

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

12. Assignment

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder.

13. Contact

If you have any questions about your privacy or security at the Website, please send an email to info@34.201.214.18 and include your name and email address in the message. If you do not receive a response from us to any emails you send to us within 7 business days, please send us another email as your original email may not have been received.

 

 

Terms & Conditions

General

This website is operated by Fairways to Heaven Golf, LLC (“us/we/our”), the owner of distincte trademarks, logos and trade dress (“Marks”). “Website” means the website located at distincte.com, any subsequent URL which may replace it, and all associated websites, URLs and micro sites. “You/your” means you as a user of the Website. “User” means all users of this Website. We offer this Website, including all information and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein.

YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.

By accessing this Website, you agree to be bound by the Terms of Use set forth herein. If there is anything you do not understand, please email any inquiry to info@distincte.com. If at any time you do not agree to these Terms of Use, please do not use this Website.

YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE.

1. Intellectual Property Ownership and Use

1.1      You acknowledge and agree that the Marks, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

1.2      We grant you the limited right to access and make use of the Website as our user. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our Marks; d) engage in any activity that interferes with the Website or another user’s ability to use the Website; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

1.3      You shall not use, copy, distribute, or exploit any of the Marks or Site Content in any manner without our prior written permission.

1.4      All Site Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

2. Infringement Notice (Digital Millennium Copyright Notice)

2.1      We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: info@distincte.com.

2.2      In order for us to more effectively assist you, the notification must include all of the following: a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; b. A description of the copyrighted work or other right you claim has been infringed or violated; c. Information reasonably sufficient to locate the material in question on the Website; d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you; e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

3. Errors and Inaccuracies

We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

4. Changes to Website or These Terms of Use

4.1     Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.

4.2     We may alter these Terms of Use from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Website.

4.3     The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

5. External Sites and Resources

We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentation or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

6. Online Services

6.1     The Website contains or may contain various interactive portions, such as a user forum, message board or other types of interactive features that allow users to post content on our Website (“Online Services”). We have no obligation to actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user (“User Content”) express the views and opinions of the User and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

6.2     If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to info@distincte.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.

6.3     By using this Website, you agree that:

a.     You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).

b.     You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

c.     You will not repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.

d.     You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.

6.4 User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other Users in return.

6.5     You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

6.6     If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.

6.7     If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.

6.8 This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Website.

7. Disclaimers

7.1     WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

7.2     WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

7.3     AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

8. Limitations on Liability

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

9. Indemnification

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

10. Investigations of Violations of These Terms

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

11. Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

12. Miscellaneous

12.1 If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

12.2     These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements. These Website Agreements will be exclusively governed by and construed in accordance with the laws of the State of Connecticut and the courts located in the City and County of Hartford, Connecticut will have exclusive jurisdiction in any dispute, except that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

13. Contact Information

You may send us notices or communicate with us by email to info@34.201.214.18. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.

DATE LAST MODIFIED: December 7, 2015.