• 907.222.9500
  • afisk@afognak.com
  • JUNE 24, 2021

Website and Tournament Terms and Conditions

  1. Introduction.

These Standard Terms And Conditions encompass both website and tournament (these “Terms” or these “ Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website and access to the tournament, including all pages within this website and day of tournament (collectively referred to herein below as this “Website” and access to the “Tournament”). These Terms apply in full force and effect to your use of this Website and by using this Website and access to the tournament and participation at the tournament, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

  1. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, Native Village of Afognak (hereafter NVA) and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

  1. Restrictions.

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;

  2. selling, sublicensing and/or otherwise commercializing any Website material;

  3. publicly performing and/or showing any Website material;

  4. using this Website in any way that is, or may be, damaging to this Website;

  5. using this Website in any way that impacts user access to this Website;

  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

  8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and NVA may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

  1. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant NVA a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. NVA reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

  1. No warranties.

This Website is provided “as is,” with all faults, and NVA makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

  1. Limitation of liability.

In no event shall NVA, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and NVA, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

  1. Indemnification.

You hereby indemnify to the fullest extent NVA from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

  1. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

  1. Variation of Terms.

NVA is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

  1. Assignment.

NVA shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  1. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between NVA and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

  1. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State of Alaska, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Alaska for the resolution of any disputes.

  1. Participation on Tournament Day.

Your participation in the Tournament or presence on the Golf Course (as defined below) in any manner related to the Tournament will constitute your intent to be bound by and your full agreement with the following terms:
Assumption of Risk; Disclaimer of Warranties. You irrevocably and unconditionally assume all “Risks” (which term includes but is not limited to all losses, damages, property damage, and injuries (including, but not limited to, death and bodily injury)) arising from or related in any manner to your participation in any manner in the Tournament or your use of, access to, entry onto, or presence on the Anchorage Golf Course or O’Malley’s on the Green (collectively, the Golf Course, which term includes any and any real property, building, improvement, personal property, area, path, road, or parking area, on, appurtenant to or associated with the Anchorage Golf Course or O’Malley’s on the Green). To the extent allowed by law, you agree that you are responsible for your own safety while participating in the Tournament and on the Golf Course.
Indemnification. To the fullest extent allowed by law, you shall indemnify, defend (with counsel acceptable to the Indemnified Party) and hold harmless: (i) the Tournament and its sponsors, the Native Village of Afognak (“NVA”), Afognak Native Corporation (“ANC”), and the Golf Course; (ii) the respective former and current, direct and indirect subsidiaries, affiliates, partners, and related companies and businesses of the persons and entities in (i); (iii) each of the respective former and current owners, members, shareholders, officers, directors, partners, representatives, agents, employees, insurers and reinsurers, attorneys, predecessors, successors and assigns, both individually and in their business capacities, of the persons and entities listed in (i) and (ii); and (iv) any individual or entity which could be jointly liable with any of the foregoing (each in (i), (ii), (iii) and (iv) an “Indemnified Party” and collectively the “Indemnified Parties”), from and against all liabilities, losses, damages, property damage, injuries (including, but not limited to, death and bodily injury), claims, demands, suits and proceedings (including but not limited to civil, criminal, administrative and investigative), causes of action, penalties, fines, fees, costs and expenses, including attorneys’ fees and costs, of whatever nature, and whether arising by way of common law, statute, contract, tort or by any other means or bases (individually a “Claim” and collectively the “Claims”), to the extent arising out of or resulting from, in whole or in part by, (1) your participation in the Tournament or use of, access to, entry onto, or presence on the Golf Course, or (2) your act, omission, negligence (ordinary, gross or otherwise), willful misconduct or fault.
Release and Waiver. To the fullest extent allowed by law, you irrevocably, unconditionally and fully release the Indemnified Parties from all Claims, and irrevocably, unconditionally and fully waive any right to make a Claim arising from or related in any manner to the Tournament or your use of, access to, entry onto, or presence on the Golf Course relating in any manner to the Tournament. The waiver and release in this section applies regardless of whether the Claim was caused by the act, omission, negligence (ordinary, gross or otherwise), willful misconduct, fault or strict liability of an Indemnified Party or any other cause.
Disclaimer of Warranty. YOU AGREE THAT THE TOURNAMENT AND THE GOLF COURSE ARE MADE AVAILABLE AND ACCEPTED BY YOU ON AN “AS IS, WHERE IS” BASIS, AND THAT THE TOURNAMENT AND ITS SPONSORS, NVA, ANC, AND THE GOLF COURSE, DO NOT MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, REGARDING THE SAME, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY, MERCHANTABILITY OR PERFORMANCE.