HVGA Private Policy
This is the Privacy Policy of Houston Vietnamese Golf Association (HVGA) governing the collection and use of information (i) provided by you through this website located at HVGA.com and any other websites, mobile applications, and other online and mobile services that link to this Privacy Policy (collectively, the “Site”); (ii) gathered by HVGA through your use of the Site; (iii) collected from you manually or in hard copy format (“Manual Services”), or (iv) provided to HVGA by a third party pursuant to your express consent for such information to be shared with HVGA, all of which you agree may be shared with and used by your local HVGA chapter, which is a not for profit corporation. When we refer to “your information” in this Privacy Policy, it refers to your personal information as well as your dependent’s personal information.

Please review this Privacy Policy carefully. If you do not want us to be able to gather and use information about you as set forth herein, please do not use this Site or Manual Services. This Privacy Policy identifies the nature of information that may be collected about or from you and the way in which such information may be used and disclosed. This Privacy Policy is part of our Terms of Use Agreement, which governs your use of the Site and the Manual Services. By using this Site and the Manual Services, you are accepting the practices described in this Privacy Policy. Unless otherwise stated in this Privacy Policy, the defined terms used below have the same meaning set forth in our Terms of Use Agreement.

Types of Information Collected.
The information collected through the Site and Manual Services may include, without limitation:

Personal Information You Give Us: We receive and store any personal information you provide to us through our Site, through the Manual Services, or that you give us in any other way, such as when you register an Account through our Site, request information, products or services from us through the Site, sign up for a newsletter through the Site, complete a survey on the Site, or communicate with us via email through the Site. We also acquire your personal information from our use of “cookies” and other technology as you use the Site (see Cookies section below). This personal information that we gather from you may include:
Contact Information (e.g. your/third party name(s), address, telephone number, email)
Professional credentials
Username & password
Age, gender and other demographic information
Dependent’s allergies, disabilities and dietary restrictions
Information about your interests in and use of various products, programs and services
Geo-location
Financial information such as credit card number
We use this information to enhance and customize services and features for you, to improve the services we provide to you, and to communicate with you. Registering a profile or participation in surveys or contests is completely voluntary, therefore you have a choice whether or not to disclose this information. Where this information is required for participation, and you choose to participate you hereby give consent for the collection of personal information.

Automatic Information Collection: We (and our service providers) may use management and analytic products and tools that we own or that are owned by a third-party to gather certain information about your use of the Site and Manual Services. The products and tools may include cookies, beacons, JavaScript, and other technologies. From time to time, we (and our service providers) may also collect information such as the pages of the Site that you visit, your search keywords, your operating system version, IP address and type of browser you are using, or other such information. The information we collect enables us to run Site usage tools and create statistics about our Site. These statistics help us to better understand how our Site is being used and what we can do to make it more useful to visitors and users. We may also collect information about your computer or software to alert you of any technical or compatibility deficiencies that may disrupt your use of the Site or any services offered through the Site.
Note that if you link from our Site for purposes of purchasing or using certain products or services, you will be traveling to other sites operated by other entities with different privacy policies, and the information you provide on those sites is not governed by this Privacy Policy. Please see the paragraph below entitled “Use Caution When Visiting Other Sites” for more information.

Use of Information Provided.
Marketing Purposes. We may use this information, such as your name, address, telephone number, and/or email address, to contact you and send you information about us, our affiliates, and third party goods, services, and promotions in which we believe you may be interested. We may disclose your information to our agents and service providers who help us contact you for these purposes. In addition, we may disclose your information to our affiliates for their use in contacting you about products, services and promotions in which we believe you might be interested. All of the foregoing uses are referred to below as “Marketing Purposes.” You have the opportunity to opt out of allowing us to use your information for these Marketing Purposes as explained below in the paragraph entitled “Opt Out”.
To Comply With Your Requests and Orders. We may also use and disclose to others (such as our billing service providers, our fulfillment houses and shipping companies) your information, to the extent reasonably necessary, to provide you with the information, opportunities, goods or services you request, such as if you request information about a promotion, choose to enter a sweepstakes, order goods or services, or request information from us. For example, if you choose to receive information regarding a promotion offered by a third party, we may share your information, such as your name and e-mail address with such third party offering the promotion. For another example, if you request information, or buy products or services through the Site or Manual Services, we may use and disclose this information to others so as to comply with your request (for example, to disclose your information, including your credit card information, to secure payment, by using your email or street address to send you the requested information, product or service, to disclose your email or street address to our mailing, fulfillment and shipping companies so that the requested information, product or service may be sent to you).
Data Aggregation. We may aggregate your information with the information of others so that you cannot reasonably be identified and we may use and disclose such statistical information for any purpose.
Site Analytics. We may use your information to help improve the operation of our Site, such as to diagnose problems with our server, to administer our Site, and to communicate with you with respect to your use of the Site, including, without limitation, to respond to e-mails from you.
Asset Sale. We may share your information with and transfer it and our rights in it to another entity acquiring all or substantially all of our assets, or the assets of our business units, or that merges with us, which entity would have the right to use and disclose your information as we did.
Legal Compliance. We may use and disclose information that we have gathered from you or that you have provided to us if: (i) we believe that any law or regulation requires us to do so, (ii) to respond to a subpoena or governmental request; (iii) we deem it advisable or necessary to protect our safety, rights or property, or that of our employees, agents, affiliates, customers, other users of this Site, or others; (iv) to respond to a possible violation of this Privacy Policy, our Terms of Use, any law or regulation; and/or (v) to enforce this Privacy Policy and/or our Terms of Use.
Securing Your Information.
We will use reasonable precautions to keep the information about you that we have gathered protected from unauthorized use or access. For your safety and security on the Site, we may use security tools and functionality such as encryption, flash objects, firewalls, passwords, or other security features. However, your external email communications with us are not protected by any digital security, and you should assume that such communications are visible by third- parties. No transmission of data over the Internet or method of electronic storage is completely secure. If you have any questions about security on the Site, you can contact us at info@hvga.com.

Use Caution When Visiting Other Websites.
Our Site may from time to time include links to other websites operated by other entities. Each of those links takes you to a website operated by another entity and those websites will have different privacy policies. When traveling to other websites, please take the time to check the applicable privacy policy of that website before you submit any personal information. We are not responsible for the privacy policies of or activities on such other websites.

Cookies.
We use browser session cookies, which are temporary cookies that are erased from your device’s memory when you close your internet browser or turn off your computer, and persistent cookies, which are stored on your device until they expire, unless you delete them before such expiration. The Site categorize browser cookies into three groups which you can manage through our “Cookie Preferences” manager. They include:

Required cookies: These cookies are necessary to enable the functionality of the Site’s basic features, such as allowing images to load or allowing you to select your cookie preferences.
Functional cookies: These cookies allow us to analyze your use of the Site to review and improve how the Site operates. They may also be used to provide a better customer experience on the Site. For example, remembering your log-in details or providing us information about how you have previously used the Site.
Advertising cookies: These cookies may be used to share data with advertisers so that the ads you see are more relevant to you, allow you to share certain pages with social networks, or allow you to post comments on the Site.
Our Sites may employ locally stored objects (sometimes referred to as “Flash cookies”) in certain situations where we use Flash to provide special content such as video on demand, video clips or animation. Flash (and similar applications) uses this technology to remember settings, preferences and usage similar to browser cookies but Flash cookies are not managed through your web browser. You can access your Flash management tools from Adobe’s website directly.

Do Not Track.
We do not respond to Do Not Track signals at this time. However, in respect of our users’ right to privacy, we provide the option to block cookies as outlined above.

Access to and Correction or Deletion of Personal Information Maintained About You/Ability to Opt Out of Further Contacts.
Access. Access to personal information that is collected from our Sites and that we maintain may be available to you. In the event you wish to determine the nature of the information we have collected from or about you, please contact us by sending an email to: info@hvga.com. Please include your full name and email address and explain the nature of your request. Your request can be as simple as “Please provide me with a summary of the information you have collected from or about me.”
Updates and Corrections. In addition, if you have corrections or updates to the information we are maintaining about you (your address for example), please help us keep your information accurate by contacting us via email at info@hvga.com and provide us with the corrected information. Please include the information that you are updating or correcting (both old and new) so that we can more easily locate your record and update or correct it properly. Also include an email address where we can reach you if we have further questions.
Opt Out, Deletion or Transfer. In the event that you do not wish us to use and/or disclose your information for Marketing Purposes (as described above), please send us an email at info@hvga.com and notify us of your request. You can state “Please do not use my information for Marketing Purposes.” Please include in your request your name and the email address or addresses to which you want your Opt Out request to apply. We will use reasonable efforts to promptly comply with your request. In addition, if you opt out, you may not be able to utilize certain portions of the Site. You may also request that we delete your information altogether or that we transfer or not transfer it to a third party.
Request Fulfillment and Questions. Please note under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort. If you have questions about the operation of this Site, the Manual Services or other matters, please direct them to our attention at info@hvga.com.
Updates to our Privacy Policy.
We reserve the right to change this Privacy Policy at our discretion. We may make changes to this Policy based on changes to applicable laws and regulations or other requirements applicable to us, changes in technology, or changes to our business. Any changes we make to the Policy in the future will be posted on this page, and where we change this Policy in ways that also affect how we process personal information about you, where appropriate, we will notify you directly via email or other direct contact with you, and we also will post a notice on our home page that this Policy has change

HVGA Terms of Conditions
This Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may access, view or use www.hvga.com (the “Site”). Please read this Agreement carefully before using this Site as using this Site constitutes your acceptance of this Agreement. This Site is owned and operated by Houston Vietnamese Golf Association (HVGA)a not-for-profit corporation (“Organization,” “we,” “us,” and “our,” as applicable). This Agreement applies to all visitors, users, and other parties that access the Site or use the services or features therein (“You”).

Acceptance of Agreement
By browsing the Site or the Services (as defined below), or by accessing the Site or Services in any way, such as by viewing, downloading, or uploading any content made available via the Services by us, by you, or by others, You accept and are legally bound under this Agreement. If you do not accept the terms and conditions of this Agreement, then you are not permitted to access or use the Site or the Services. We may update or revise this Agreement from time to time. The most current version of the Agreement will be posted on the Site under the link at the bottom of the homepage, so please review this Agreement frequently. Your continued use of the Site or Services constitutes your acceptance of such updates and revisions, which may be made by us, at any time and without any notice to You.

Privacy Policy
Please see our Privacy Policy, which contains a description of the information gathering and dissemination practices for this Site. As a condition to the use of this Site, users of this Site expressly agree to the terms set forth in our Privacy Policy, which is incorporated herein by reference hereto, as if fully set forth in this Agreement.

Modification to Terms of Use and Site
We reserve the right, at any time and for any reason, in our sole discretion, to change this Agreement, including the Privacy Policy, without any further or prior notice to You, and your continued and subsequent access to the Site will be deemed acceptance by You of these changes. We reserve the right to modify or terminate the Site, Service, or Content (defined below), or any part thereof, temporarily or permanently, at any time and from time to time, and with or without notice to you. We retain the right to monitor use of the Site and the Services to determine compliance with the Agreement, as well the right to remove or refuse any User Submitted Content (defined below) or Content for any reason in accordance with applicable federal, state, or local law. Notwithstanding these rights, you remain solely responsible for your use of the Site. You agree that we shall have the right, in our sole discretion, to terminate or suspend your access to or use of the Site, the Services, the Content, or any part thereof temporarily or permanently, at any time and from time to time, and with or without notice, for any reason whatsoever including, without limitation, quality assurance or if we believe that you have violated or acted inconsistently with the letter or spirit of any provision of this Agreement. You also agree that we will not be liable to You or to any third party for any modification, termination, or suspension of access to the Site, Services, or Content.

Description of Service and Content.
The Site provides promotion, support, solicitation and functionality for the Organization (“Services”). In providing the Services, the Site may include information, descriptions, directories, discussion threads, news, announcements, social media links or feeds, online shopping or other e-commerce, donation services and other features, functionality, or content (“Content”), all of which is protected by copyrights, trademarks, service marks, trade secrets, patents, and other proprietary rights. As used herein, the term “Content” also includes, without limitation, all text, graphics, descriptions, images, videos, and other content in or available through the Site, and all such material provided or made available to You through the Site. Unless explicitly stated otherwise, this Agreement will apply to any new features of or enhancements to the current Services or Content.

The Services and Content are provided “AS-IS” and “AS-AVAILABLE” for your use, and we are not responsible for the timeliness, deletion, inaccuracy, interruption, or mis-delivery of any part of the Service or Content. The Content and certain tools or functionality used for the Services on this Site may be provided by one or more third-party vendors or individual Content providers. You understand and agree that we cannot verify the accuracy of such Content or Services, and we make no representations or warranties to you that the Content is accurate or reliable. Your use of any third-party Content may be subject to and terms and conditions, terms of use and privacy polices applicable to use of such Content.

Additionally, the Site is intended for your personal, noncommercial use only. You shall not use Site, Services or any Content for any commercial or business- related purpose, unless expressly licensed by Organization.

Ownership, Assignment, License, and Use of User Submitted Content.
Certain features of the Site allow or require you to upload or otherwise submit to the Site certain types of text, graphics, data, records, notes, histories, images, videos and other information, some of which may contain your personally identifiable information (collectively, the “User Submitted Content”). You grant us, our shareholders, officers, directors, and all other persons or entities involved in the operation of the Site or the Organization, and any of our licensed chapters, affiliates, subsidiaries, parent companies, contractors, sponsors, donors or business partners, the right to transmit, monitor, retrieve, store, and use your User Submitted Content in connection with operation of the Site, provision of the Services, analytic uses, or for any other reason, including, without limitation, by using your name and likeness for marketing and promotional purposes. You hereby grant us an irrevocable, unconditional, royalty-fee, non-exclusive, right and license to use, reproduce, modify, display, alter, revise, prepare derivative works, and publish the User Submitted Content for any purpose, whether commercial or otherwise. We cannot and do not assume any responsibility or liability for any User Submitted Content you submit to the Site, or for the use or misuse of any User Submitted Content by you or any third party.

Disclosure of Content or User Submitted Content
We reserve the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing us to disclose Content or your User Submitted Content, the identity of anyone posting Content or User Submitted Content, or publishing or otherwise making available any materials that are believed to violate this Agreement or other law. BY ACCEPTING THE TERMS OF THIS AGREEMENT YOU WAIVE, RELEASE, AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION WE TAKE DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.

User Accounts
To obtain access to certain portions or features of the Site or Service, if you are 13 or older, we may require that you first register an account with us (“Account”). The nature of your Account registration may determine the types of Services that are available to you through the Site, and some types of Services may not be available to you without registering an account. The Services are generally accessible by you, except for reasonable periods of inaccessibility for system maintenance. We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts. Even in cases where notification is usually required we may modify, suspend, or terminate access to certain portions of the Services at any time and for any reason without prior notice, in order to protect the system or your Account. We will give you notice in other situations if required by law.

Account Password and Security
You are responsible for taking all reasonable steps to ensure that no unauthorized person obtains access to your passwords or Accounts. You are responsible for all activities that occur under your password or Account. These activities include, without limitation, the submission or upload of any User Submitted Content. It is your sole responsibility to: (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Account and password; (3) promptly inform us of any need to deactivate a password; and (4) access your Account over a secure Internet connection. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section of the Agreement. Nor are we liable for any loss or damage arising from User Submitted Content compromised as a result of your lost, stolen, or damaged hardware or software.

Your Registration Obligations
Prior to creating an Account with us, you may be required to submit certain information or other User Submitted Content to us. You agree to keep your Account information current and to notify promptly us of any changes. We, in our sole discretion, will determine whether to grant you access to the Site by assigning you an Account for the Site and Services. You represent and warrant that all such information and User Submitted Content that you submit to us is true, accurate, current, and complete. We retain the right to suspend or terminate your Account and refuse any and all current or future use of the Site, Services, and Content (or any portion thereof) if you provide any untrue, inaccurate, outdated, or incomplete information, if we reasonably suspect that you have provided untrue, inaccurate, outdated, or incomplete information, or if you breach any terms or conditions of this Agreement.

Termination of User Account by You
You may terminate your Account at any time by giving us notice of your intent to terminate to info@hvga.com.

Termination of this Agreement by Us
We may terminate this Agreement, or a particular Service, immediately upon your violation of any of the policies, terms, or conditions incorporated into this Agreement, or upon your violation of any licenses with third parties. We shall have no obligation whatsoever to provide data to you upon termination of this Agreement. We will retain any User Submitted Content you have provided to us pursuant to this Agreement.

Ownership, Intellectual Property, and Licenses.
Our name, logos, designs, trademarks, and service marks, and other product and Service names are trademarks of the Organization, and you agree not to display or use these marks in any manner without our permission. You acknowledge and agree that the Site, the Services, and the Content and any software incorporated into the Service and Content, are owned by us or by a third party, and that the Service and the Content are protected under applicable intellectual property and other laws. You also acknowledge and agree that materials and works contained in the Service and the Content are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

The Organization hereby grants you a limited, personal, non-transferrable, non-exclusive, revocable, license to use our software incorporated in, made available by, or supporting the Site or the Services solely in connection with your use of the Services. This license terminates upon the termination or expiration of this Agreement for any reason whatsoever.

You may be required to agree to third party vendor licenses in order to use the Services. You agree to preserve trademark, copyright, and other indications of intellectual property ownership placed on any software or other Content provided or displayed to you during your use of the Services.

Restrictions on Use of Site, Services or Content
As a condition to using the Site, You agree not to:

permit or facilitate access to the Site, Service, or Content or use of the Service or Content by any third party or by any automated electronic processes, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other computer programs that monitor, copy, or download data or other content found on or accessed through the Service, including, without limitation, real-time information feeds or other video, audio, or data content, whether current or archival;
upload, submit, post, e-mail, transmit, or otherwise make available any topic, name, material, or information that is unlawful, harmful, infringing, threatening, abusive, harassing, tortious, profane, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the Service or Content servers or networks connected to the Service or Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or Content;
use, export, or re-export the Site or Services, in whole or in part, in violation of any applicable laws or regulations, including, without limitation, the export control laws of the United States;
copy or imitate, in whole or in part, by any means, including, but not limited to, the use of framing or mirrors, any of the Services or Content; or
reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of, the use of, or access to the Services or Content.
Indemnity
You agree to indemnify and hold us, and our subsidiaries, licensed chapters, affiliates, officers, directors, shareholders, agents, contractors, sponsors, donors or other partners, and employees, harmless from any claim, demand, cause of action, liability, damage, cost, or expense, including, without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Site, Service, or Content; (ii) your connection to the Site or Service; (iii) your violation of any provision of this Agreement; (iv) your violation of any federal, state, or local law or regulation; or (v) your violation of any rights of another. The Organization reserves the right under this section of the Agreement to assume, at the Organization’s sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with the Organization in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

Links to Third-Party Sites
As a convenience to You, the Service and Site may contain links to other third-party web sites, resources, tools, or functionality, which may include, without limitation, functionality for online shopping and shopping carts, booking reservations, making donations or other online activities. We have no control over any such unaffiliated sites and resources, and you acknowledge and agree that we bear no responsibility for the availability of such external sites or resources, and we bear no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources. Your use of such external sites or resources is subject to any terms, conditions and privacy policies governing your use of such third-party sites. Please see our Privacy Policy for more information about your use of third-party sites. You should take precautions when downloading files from all sites to protect your computer from viruses and destructive programs. If you decide to access linked third-party sites, you do so at your own risk. You should direct any concerns to the third-party sites’ administrator or webmaster.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE, SERVICE, AND CONTENT IS AT YOUR SOLE RISK. THE SITE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO CLAIM THAT THE SITE, SERVICE, OR CONTENT WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THE SERVICE AND CONTENT MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING OR DOWNLOADING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE ORGANIZATION OR ITS LICENSED CHAPTERS, AFFILIATES (PARENT OR SUBSIDIARY COMPANIES) OR ANY OF THEIR OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, CO-BRANDERS, OR OTHER SPONSORS, DONORS, CONTRACTORS, PARTNERS, MEMBERS, EMPLOYEES, AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER FORESEEABLE OR UNFORESEEABLE, RESULTING FROM: (i) THE AVAILABILITY OR PERFORMANCE OF THE SERVICE OR CONTENT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER SUBMITTED CONTENT; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR CONTENT, INCLUDING ANY STATEMENTS OR CONDUCT THAT MAY BE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL, OR INFRINGING; OR (iv) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, YOU AGREE THAT OUR TOTAL, AGGREGATE, AND COMPLETE LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT IN NO EVENT SHALL EXCEED THE TOTAL AMOUNT OF $250.00. ALL OF THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Dispute Resolution
Arbitration. Any controversy or claim arising out of or relating to this Agreement and/or the Service, or the negotiation, formation, performance, or breach thereof, shall be determined by arbitration administered by the American Arbitration Association under its rules. All arbitration matters and related proceedings shall be conducted in strict confidence and conducted exclusively in Fort Bend County, Texas. The arbitration shall be conducted by a single arbitrator selected by the parties. The written decision of the arbitrator shall be final, binding, and convertible into a court judgment in any appropriate court having jurisdiction. The arbitration proceedings and decision shall be confidential. Nothing in this section shall prevent either party from seeking an injunction or other immediate relief in any court, wherever located, to seek equitable relief.
Court Proceedings. Except for the provisions of the preceding paragraph, all other disputes arising out of or relating to this Agreement are subject to the exclusive jurisdiction of the federal or state courts in Fort Bend County, Texas, and you expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, parent companies, partners, employees, shareholders, contractors, officers, and directors.
Limitation on Claims. You agree that any claim, action, or dispute that you have arising out of your use of the Site, this Agreement, and/or the Services must be commenced within one (1) year after the claim or cause of action arises.
Legal Fees. If any legal proceeding is instituted in connection to or relating to the Site, this Agreement, and/or the Service, the prevailing party shall be entitled to recover from the other party its costs, including reasonable attorneys’ fees and costs, at both trial and appellate levels.
Governing Law
This Agreement is governed by the laws of the State of Texas, without reference to conflict of laws principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. This Agreement is a contract for services and not a sale of goods. The parties agree that this Agreement, the Site, the Service, and the Content shall not be subject to or governed by the Uniform Commercial Code.

Interpretation
The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. If any court of competent jurisdiction finds any provision of this Agreement or any portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible in furtherance of the intent of this Agreement, and the remaining provisions of this Agreement shall continue in full force an effect.

User Must Comply with Applicable Laws
You shall use the Site for lawful purposes only. This Site is based in Fort Bend County, Texas, in the United States. We make no claims concerning whether the Services or Content may be downloaded or are appropriate for use outside the state of Texas or the United States. If you are accessing this Site outside the state of Texas or the United States, you are solely responsible for ensuring compliance with the laws or your specific jurisdiction.

Copyright Complaints
The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act, or any other law or provision, is the Houston Vietnamese Golf Association.

Miscellaneous Provisions
You acknowledge that you have read this Agreement, understand it, and agree to be legally bound by its terms and conditions. You agree that this is an Agreement between independent contractors, and it is not a joint venture, partnership, employer-employee, agent-principal, or franchisor-franchisee relationship. Neither you nor the Organization is authorized to bind the other to any contract, or to act as an agent on behalf of the other, whether legally or otherwise. This Agreement is the entire agreement and a complete and exclusive statement of the agreement between the parties, which supersedes all prior or concurrent negotiations, proposals and understandings, whether oral or written, and all other communications between the parties relating to the subject matter of this Agreement. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. This Agreement shall be binding upon and shall inure to the benefit of the parties and their successors. The rights and obligations hereunder shall survive the termination, cancellation, or expiration of this Agreement for any reason whatsoever. Please report any violations of the Agreement to: info@hvga.com.

Refund Policy:
To withdraw from an event, notice must be given to the HVGA staff. To withdraw, call/text 281-222-8726 or email to info@hvga.com When requesting a refund, please include player’s name and date of the tournament.

Before Deadline and 2 weeks (14 days) prior:
Tournament Entry fee credited to players account, minus a $15 fee. The credit can be used toward a future HVGA event.

After Deadline, 7 days or less from event:
No refund will be issued. Cancellations within 7 days with a verifiable doctor’s note will be granted a refund on half the entry fee.

Article I – Name

The name of this organization is Houston Vietnamese Golf Association (HVGA).

Article II – Purpose

The purpose of the organization is to promote golf to the Vietnamese and other communities with the Houston area.

Article III – Membership

Section 1. Membership shall be available to all people 18 years of age or older.

Section 2. Memberships are individual and non-transferable in the club.

Section 3. Memberships in the Club are for a “golf season” only, with all membership starting on the first tournament and ending on the last tournament of the season.

Section 4. Each candidate for membership shall be proposed and seconded by two active members in good standing. The Board of Directors shall act upon each proposal by vote and a majority of the committee will be required to accept the candidate as a member.

Section 5. In the event any member of this organization shall commit any act which reflects discredit or disrepute thereon or shall refuse or neglect to comply with the rules and regulations adopted by the Board of Directors, such member shall be subject to suspension or expulsion after ten days written notice and the right to be heard, by a vote of two-thirds of the Board of Directors at any regular meeting or special meeting called for such purpose.

Section 6. The annual meeting of the HVGA shall be held on the third Saturday in the month of January, The Board of Directors shall provide for the holding of such other meetings as may be deemed necessary or desirable, and they shall call special meetings upon written petition signed by not less than three of the Board of Directors.

Section 7. The Board of Directors shall establish all membership fees and dues from time to time in such amounts as they deem to be adequate to operate and maintain the Club. Members shall be liable for dues until their written resignation has been received and accepted.

Section 8. New members must have at least 2 HVGA tournament (as guest) scores to establish an HVGA index before they can win any HVGA Tournament.

Article IV – Board of Directors

Section 1. The Board of Directors shall consist of the five members of the club:

Ha Huynh
Kiet Luong
Kraig Nguyen
Mike Bui
Nhan Tran

They shall exercise all powers of the management of the Club not specifically excepted by these by-laws. In the case of any vacancy through death, resignation, disqualification or other cause, the remaining directors may elect a successor by majority vote to hold office as director. Voting shall be by written ballot and those names receiving the greatest number of votes cast by the Board of Directors shall be declare elected. The election will be done by e-mail and published to all members. The Board will convene during the annual meeting of the association.

Section 2. The annual meeting of the Board shall be held on the third Saturday in the month of January, The Board of Directors shall provide for the holding of such other meetings as may be deemed necessary or desirable, and they shall call special meeting upon written petition signed by not less than four of the Board of Directors.
Article V – Committee

Section 1. The committee will run the association for a period of two years. HVGA club members will elect new members every two years. The committee shall consist of President, Treasurer, Texas Cup Captain, Web Site Manager, Tournament Coordinator, and Handicap Chairman. Their duties shall be such as their title would indicate, or such as may be assigned to them respective from time to time. They will delegate their duties among themselves and call for meetings when deemed necessary.

Section 2. 2024 committees:

President – Mike Ta
Tournament Coordinator – Jimmy Nguyen
Treasurer – Nhan Tran
Handicap Chairman – Ha Van Huynh
Texas Cup Captain – Bang Le, Jesse Nguyen, Tuan Anh Tran
Webmaster – Calvin Nguyen
Rules Chair – Justin Vu
PR – Mykel Ngo, Tommy Huynh

Article VI – Amendments to by-laws

The Board of Directors shall have the power to repeal or amend any of these by-laws provided that such action shall not be effective until approved by a majority vote of all the Board members of the HVGA at a meeting held in accordance with the provisions contained herein.

Article VII – Golf, make new friends and have fun!

• All new applicants must meet the following requirement before being eligible for membership.
• Membership shall be available to all people 18 years of age or older.
• Membership fee during HVGA regular golf season is $150 for single, $250 for family and $100 for student.
• New members must have at 2 HVGA Tournament scores to establish an HVGA index before they can win NET Trophy. however, new members are qualified to win GROSS trophy at any given time.
• Membership agreement: I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur during my presence with a HVGA event.
• I hereby release, covenant not to sue, discharge, and hold harmless to HVGA , its officers, other volunteers, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

HVGA Index (Monthly-Computerized Indexes)

• Each member automatically receives a monthly-computerized index on or before the first of each month. This index is used to calculate the player’s handicap at any course on the Slope system (nearly all courses in the U.S. now use Slope and the system is being adopted worldwide). HVGA members may view their index files by clicking on your handicap.
  To calculate your index, do the following:
  
  1. Take your adjusted gross and subtract the course rating of the tees you played. The course rating has a decimal, e.g., 71.3. The result is called a “differential”.
  2. Divide the result of No. 1 by the Slope of the tees you played and multiply by 113. The result is an “adjusted differential”.
  3. Take the low 10 of your last 20 adjusted differentials, add them together and multiply by 96%.
  4. Divide the result of No. 3 by 10. Drop everything after the tenths.
  5. The result is your index.
• We will use our monthly tournament score as three rounds in your stats. We have two different ways to calculate the index, which depends on how many scores we have from you. If we don’t have more than 4 of your rounds then we use the following formula:
  
  • (Lowest Score)* .96
  • If we have 5 or more rounds than we use the following formula:
  • 5 or 6 – Lowest score
  • 7 or 8 – Lowest two scores
  • 9 or 10 – Lowest three scores
  • 11 or 12 – Lowest four scores
  • 13 or 14 – Lowest five scores
  • 15 or 16 – Lowest six scores
  • 17 – Lowest seven scores
  • 18 – Lowest eight scores
  • 19 – Lowest nine scores
  • 20 – Lowest ten

Equitable Stroke Control

Equitable Stroke Control (ESC) is the downward adjustment of individual hole scores for handicap purposes in order to make handicaps more representative of a player’s potential ability. ESC sets a maximum number that a player can post on any hole depending on the player’s Course Handicap. ESC is used only when a player’s actual or most likely score exceeds his maximum number based on the table below but is applied to all scores for handicap purposes, including tournament scores. There is no limit to the number of holes on which a player may adjust his score. A Handicap Index determined from scores to which ESC has not been applied may not be termed a USGA Handicap Index.

• Example: A player with a Course Handicap of 13 has a maximum number of 7 for any hole regardless of par. A player with a Course Handicap of 42 has a maximum number of 10 for any hole. A player without an established USGA Handicap Index shall use the maximum Handicap Index of 36.4 for men, or 40.4 for women, converted to a Course Handicap to determine his maximum number. When conditions of a competition reduce a player’s USGA Handicap Index or Course Handicap, he uses the Course Handicap derived from his actual USGA Handicap Index for ESC purposes, rather than the reduced Handicap Index that he uses for the competition.
  • Example 1: A player with an Handicap Index of 35.4 and a Course Handicap of 39 might enter a competition in which the conditions of the competition establish a maximum Handicap Index limit of 25.4, which would give a Course Handicap of 28. When applying ESC that player uses the Course Handicap of 39.
  • Example 2: A player with a Course Handicap of 30 might play in a four-ball stroke play competition in which he is allowed only 90% of his handicap, which is 27 strokes. When applying ESC, he uses the Course Handicap of 30. When conditions of a competition increase a player’s Course Handicap, the player uses the Course Handicap derived from his actual USGA Handicap Index for ESC purposes.
  • Example 3: A player with an Handicap Index of 25.4 and a Course Handicap of 28 might enter a competition in which players are competing from different tees with Course Ratings of 71.2 and 73.0 (73.0 – 71.2 = 1.8 or 2 strokes). If the player plays the course with the Course Rating of 73.0, he should receive two additional strokes (difference between the two Course Ratings), which would give him a Course Handicap of 30. However, when applying ESC he uses a Course Handicap of 28. Under no circumstances shall the procedures of this section be used by a player to manipulate his Handicap Index. If a player uses this section for such purposes, his Handicap Index shall be adjusted or revoked by the Handicap Committee under Section 8-4. Handicap Index Adjustment and Withdrawal The Handicap Committee shall reduce or withdraw the Handicap Indexes of players who do not return all their acceptable scores, or otherwise do not observe the spirit of the USGA Handicap System. The Handicap Committee has the authority to increase the Handicap Indexes of players who, because of exceptional circumstances, have Handicap Indexes that are too low. The Committee shall review all USGA Handicap Index adjustments.

FAQ’s

Q. Can the Handicap Committee adjust a player’s Handicap Index?
A. Yes. It is the Handicap Committee’s responsibility to ensure that a player’s Handicap Index reflects his or her potential ability. When the scheduled Handicap Index revision does not reflect potential ability, the Handicap Committee should adjust it.
Q. What circumstances should result in an adjustment to a Handicap Index?
A. Under the following circumstances, it will be necessary for the Handicap Committee to adjust the player’s Handicap Index: Improving faster than the System can react Temporary disability (local handicap only) Player manipulates round 10% reduction from the player’s Handicap if the player shoots 4 or more from his NET score. (i.e. NET of 68 or lower from a par 72 course) Note: The committee is not limited to making changes in these cases only.

Tournament Rules/Info

1. All tournaments entry fees are green fees + $25 (prize and HVGA). Non-members are eligible for closest to pin and accurate drive contests, but not NET or GROSS trophy.
2. All members must notify coordinators by the deadline of their intent to play.
3. All members must play in at least 4 tournaments to qualify for the HVGA’s Club Championship and the Texas Cup team.
4. All tournaments awards will be based on 2 system, NET and GROSS score.
5. There will be two flights for every tournament. The cutoff for A-Flight and B- Flight are as follows: Any member with a 12 HCP or lower when calculating the HCP is automatically in A-Flight. Any member with a 13 HCP thru 16 HCP when calculating the HCP has a choice to be in either A-Flight or B-Flight. Any member with a 17 HCP or higher when calculating the HCP is automatically in B-Flight. All players can tee off where they are comfortable. The course handicap will take this into consideration.
6. USGA Rules will apply to all tournaments. To be fair to all participants, absolutely no gimmees.
7. In an event of a tie, HVGA will do a score card playoff starting with the three of the hardest handicap hole. Player with the lowest sum based on the first 3 hardest holes will be determined as the winner. Any ties after that is a hole by hole playoff of the next hardest hole until a winner is determined. If the winner is not present to accept the trophy, HVGA will notify the winner.
8. All awards are based on NET SCORES or GROSS SCORES. NET SCORES = Player’s gross score minus player’s course handicap.
9. New members must have at least 2 HVGA Tournament scores to establish an HVGA index before they can win NET SCORE Trophy; however, new members can win GROSS SCORE trophy at any time.

HVGA Committee Responsibilities

President:

• Communication to the club, monthly email updates
• Responsible for reviewing all club inquiries. (inputs and complaints)
• Manage all activities for Club Championship: Reserve restaurant, Ensure all trophies are ordered, Plan meeting with committee to review all activities priortourney date

Treasurer:

• Keep track of all financial transactions for the club
• Collect green fee during HVGA tournaments

Web Site Manager:

• Maintain HVGA website
• Update scores, member’s info, and club news
  Photographer for all HVGA events

Handicap Chairman:

• Maintain handicap for all members
• Collect all score card at end of tournaments to do Adjusted HCP
• Be informed of all USGA rules and regulations
• Update the club with new rules and regulations

TX CUP Captain:

• Maintain TX CUP points for all players
• Plan all activities for TX CUP home year: Setup course, Reserve restaurant,
• Resolve any discrepancies with DFW

Tournament Coordinator:

• Book courses for tournament play
  Tournament pairing listing, lowest Net tee off first (back up)
• Deal with course to ensure members get practice discount
• Collect green fee during HVGA tournament
• Trophy and prizes are at hand
• Each committee should help out other committees responsibility when needed.

HVGA Tournaments

HVGA will host eight official tournaments during our regular golf season from February through October. These tournaments are opened to all golfers and are generally held on the first Saturday of every month during our golf season. You can only compete for trophy prizes if you are a member of the HVGA. We encourage all golfers to join our association. You don’t have to be a good player to join. All of our tournaments are based on HVGA’s handicap index. HVGA will provide all members with a Handicap Index issued by the association and are updated monthly. Trophies will be awarded to players with the lowest NET and lowest GROSS scores only.

TEXAS CUP > MAIN/CURRENT STANDINGS

The Houston Vietnamese Golf Associations (HVGA) and the Dallas Ft. Worth Vietnamese Golf Association (DFWVGA) have established the annual match play competition. This event is known as the Texas Cup.

Requirements:

Entry: This is a private event and is not open to the public. Eligibility of individual team member: Each club shall establish the requirements, qualifications and eligibility of the team. Captain: Each club shall select a captain to represent the team in the decision making process. In addition, a co-captain may be selected for each flight. Team.

Qualifying for the Texas Cup team

First 10 players from each flight with the most TX Cup points will be selected to represent HVGA Texas Cup Team. If any top 10 player(s) cannot fully participate in the Texas Cup, the next highest point earner will fill the gap until 10 players are filled. The remaining 2 spots are determined in a playoffs system.

Playoffs system

After the first 10 players have been determined, ONLY the next top 4 ranked players are invited to play for the final two spots. There will be two brackets based on seeding. 11th ranked vs. 14th ranked (winner will be the 11th Tx Cup Member) 12th ranked vs. 13th ranked (winner will be the 12th Tx Cup Member) If any 4 playoffs players cannot participate in the playoffs or the Texas cup, HVGA will re-seed the players according to the final standings in the Texas Cup with the player with the most points as the number 1 seed to the players with the least amount of points as the number 4 seed. The top seed player will match with the lowest seed player. In the event that the playoffs consist of less than 4 players, the top seed(s) shall have a bye based on the re-seeding described above..

The format is match play single elimination. One round will be played to determine the last two Texas Cup members. HVGA will coordinate the location and date for the event. Players are fully responsible for all playoffs fees. After the completion of the playoffs, if any of the 24 player cannot participate in the competition at the last minute, the Texas Cup Captain has the sole discretion to pick a replacement player..

Tournament

The Teams will compete in the following form of play First Round: Two man Scramble Match Play consists of six matches for each flight. Second Round: Four ball Match Play consists of six matches for each flight. Final Round: Individual Match Play consists of twelve matches for each flight.

Flights

There will be two flights: Flight A and Flight B. Each flight is considered to be a separate competition. Team: First 10 players from each flight with the most TX Cup points will make the team. The last two Texas Cup spot will be up for grab at the end of the season. Guidelines below: The next top 4 ranked (11th – 14th ) players can play for the final two spots. There will be two brackets with seedings. One round will be played in one day to determine the last two Texas Cup members. HVGA will coordinate the location and date for the event; however, players are responsible for the fees. Scoring 0. Each match score will be calculated pursuant to USGA rule 2 which governs Match play. The winner of each match will receive 1 point. The losing side will receive 0 point. In the event the match ends in a tie, each side will receive a half of a point. There will be two flights: Flight A and Flight B. Each flight is considered to be a separate competition.

Rules

Local and USGA Rules of Golf govern all play.