Terms of Service

These Terms of Service were last modified on March 2, 2017 and are effective immediately.

  1. INTRODUCTION
  2. SERVICES
  3. TERM
  4. MODIFICATIONS
  5. ELIGIBILITY; COMPLIANCE
  6. RESERVATIONS
  7. USER REGISTRATION
  8. PROPRIETARY RIGHTS
  9. USER CONDUCT
  10. USER POSTINGS
  11. THIRD PARTY SERVICES AND CONTENT
  12. ADVERTISEMENTS
  13. PAYMENT, PRICING, AND RELATED TERMS OF SERVICE
  14. DIGITAL MILLENNIUM COPYRIGHT ACT
  15. DATA AND WIRELESS ACCESS CHARGES
  16. ASSIGNMENT
  17. INDEMNITY
  18. DISCLAIMER AND LIMITATIONS OF LIABILITY
  19. CUSTOMER SUPPORT
  20. GOVERNING LAW; MISCELLANEOUS

1. INTRODUCTION

Please read these Terms of Service (“Terms of Service”) carefully, as it constitutes legally binding terms and conditions between you and The Trump Organization and its affiliates (“Trump” “we” “us” or “our”) and applies to your access and use of the Services (as hereafter defined) through (A) the website located at www.trump.com and all corresponding web pages and websites owned or operated by Trump, including trumphotels.com, trumpgolf.com and trumpinternationalrealty.com (collectively, “Sites”), (B) our mobile, web, tablet, desktop and other applications, including applications made available through Facebook, iOS and Android (the “Trump App(s)”), and (C) any other content, applications, features, functionality, information and services offered by us, whether through the Trump Apps, the Sites or otherwise (each of the above individually and collectively referred to herein as the “Services”).  These Terms of Service apply whether you are accessing the Services via a wireless or mobile device, a tablet a personal computer or any other technology or device (each, a “Device”). 

If you are entering into these Terms of Service in connection with your employment, you hereby represent to Trump that you are authorized to and hereby do bind your company/employer to these Terms of Service.  Any references herein to “you” and “your” will refer to both you and your company/employer, as applicable.  These Terms of Service shall remain in full force and effect while you use the Services and does not cover other services, websites or content made available by any other company or third party, unless specifically stated. 

By using the Services you expressly agree to comply with these Terms of Service and any additional terms and conditions that we provide to you, including in connection with your use of other products and services we may offer or make available to you, including, without limitation, any Trump Apps, and terms and conditions relating to our Best Rate Commitment and Trump Card privileges (“Additional Terms”).  The Services may also provide rules of participation for certain activities and services, including contests, sweepstakes and other initiatives (“Rules”).  The Services’ Privacy Policy, the Additional Terms and the Rules are hereby incorporated into these Terms of Service by reference as though fully set forth herein. To the extent that there is a conflict between these Terms of Service and the Additional Terms, the Additional Terms shall govern. To the extent that there is a conflict between these Terms of Service and the specific Rules for the activity in which you choose to participate, the Rules shall govern. To the extent that there is a conflict among these Terms of Service, the Additional Terms and/or the Rules, the following order of precedence shall apply: first, the Rules, second, the Additional Terms, and third, these Terms of Service.

2.  SERVICES.

A. General.  Subject to the terms and conditions herein, the Services shall enable users to access certain features, functionality, information and services provided by us and/or our affiliates, which may include, without limitation, providing users with the ability to book reservations, purchase products and access information related to our properties, products and services.

B. Third Party Platforms.  Some of the Services (e.g., the Trump App) may be dependent on and/or interoperate with third-party owned and/or operated platforms and services (e.g., Apple (iTunes, etc.), Facebook, Twitter, etc.) (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third Party Platforms, in addition to providing application hosting, content distribution, support and other related services, may provide us with certain additional information about you, which may include, without limitation, your email address, handles/usernames, preferences, posts, legal name, country of residence, location, date of birth and usage data, all as more fully described herein and subject to the terms and conditions hereof, including the Privacy Policy.

3. Term.

These Terms of Service shall remain in full force and effect while you use or are registered for the Services. You may terminate your use of or registration for the Services at any time, for any reason, and Trump may terminate your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.

4. Modifications.

We may modify these Terms of Service from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We may post or display notices of material changes on the Services and/or notify you via other electronic means. The form of such notice is at our discretion. Once we post or make them available on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms of Service regularly so you are aware of the most current rights and obligations that apply to you.

5. Eligibility; Compliance.

Use of the Services is limited to users 13 years of age and older.  By using the Services, you represent and warrant that (A) you are 13 years of age or older, (B) your use of the Services does not violate (y) any applicable law, rule or regulation or (z) any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.), and (C) all registration information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information.  Certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a user between the ages of 13 and 18, please review these Terms of Service with your parent or guardian. Your parent or guardian should agree to these Terms of Service on your behalf and parental discretion is advised for all users under the age of 18. Further, if you provide information that is untrue, inaccurate, not current or incomplete, or Trump suspects that such information is untrue, inaccurate, not current or incomplete, Trump has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

6. RESERVATIONS.

In addition to the Additional Terms that may be applicable to Trump’s hotels, golf courses and other properties in the Trump portfolio, the following applies to hotel reservations booked through the trumphotels.com:

  • Policies regarding cancellation of reservations, specific information about room reservations and specific programs, such as Trump Attaché, Trump Kids, Trump Pets, etc. may vary between properties.  Information regarding room and individual rates, taxes, applicable resort fees, other charges and cancellation policies are displayed on each individual property’s website at the time you inquire about a reservation.
  • When you book your stay at a Trump-branded property outside of the United States, USD rates may be converted to local currency when you check in to the property, based on the exchange rate used by the property at such time.  Any charges imposed by your credit card company, banking or financial institution based on currency conversion or exchange rate are not within Trump’s or the applicable property’s control and will not be included in your room rate or amount charged for other products or services purchased via the Services. 
  • Reservations made by one or more individuals or by an agency, on behalf of one or more guests, for nine (9) or more rooms at the same property for the same duration, must be directly through the property. If nine (9) or more rooms are booked at the same property for the same length of stay via any other method (i.e., Expedia, etc.), we reserve the right to cancel or impose additional restrictions on such reservations.
  • Eligibility requirements for certain rates, such as AAA membership or Senior Citizen, require that you submit proof for verification purposes at the time you check-in.  If you do not qualify for such rates, or are otherwise not able to verify your eligibility, we will not be obligated to honor such rate and may charge you the full room rate.

7. User Registration

In order to access and use certain content, features and functionality of the Services, we may require that you (A) register for the applicable Services, whether on the Site, a Third Party Platform or otherwise, including, in some instances, creating and/or providing a username and password combination (“User Credentials”) and (B) provide to us and/or make available (e.g., via Third Party Platform permissions and consents, etc.) certain additional information, which may include, without limitation, your email address, legal name, country of residence, location, date of birth, usage data and other information, and, to the extent applicable, for any Fee-Based Services (defined below) and purchases offered by us, your physical address, telephone number(s), applicable payment information (e.g., payment card data, PayPal information, etc.) and other information (collectively, a “User Account”).  Our use of your information is subject to the terms of the Privacy Policy. If you elect to become a registered User of the Services, you are responsible for maintaining the strict confidentiality of your User Credentials and you shall be responsible for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to immediately notify Trump of any unauthorized use of your User Credentials or User Account or any other breach of security. It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account, (ii) control access to your User Credentials and User Account, and (iii) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services.  Trump shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 7.

8. Proprietary Rights.  

A. Ownership.  As between you and Trump, Trump owns, solely and exclusively, all right, title and interest in and to the Services and all content (other than your User Postings (as defined herein)) contained and/or made available on, through or in connection with the Services (“Content”), and all such Content is protected, without limitation, under U.S. federal and state law, as well as applicable foreign laws, rules, regulations and treaties. The term “Content” includes, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music (including the musical compositions therein), data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.

B. Restrictions.  Except as expressly set forth herein, the Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use and for no other purposes.  You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you transmit, display, print, stream or reproduce from the Services. Except as expressly authorized by Trump and set forth in Additional Terms (e.g., Services that allow for the use of embeddable or viral features, applications, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of Trump or its owner (if Trump is not the owner).  Moreover, the framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.  You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services.  Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your copyrights in your work, please follow the procedures set forth in Section 14 below.

9. User Conduct

You are solely responsible for your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is expressly prohibited. You agree that, while using the Services, you shall not:

  •         engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
  •         submit, post, email, display, transmit or otherwise make available through the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  •         submit, post, email, display, transmit or otherwise make available through the Services any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
  •         engage in or encourage conduct that affects adversely or reflect negatively on Trump, its affiliates, or the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising or becoming a supplier to us in connection with the Services;
  •         submit, post, email, display, transmit or otherwise make available through the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
     
  •         except as expressly permitted herein, use the Services for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website, platform or service;
  •         modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
  •         impersonate any person or entity or falsely state or otherwise represent your affiliation with any person or entity;
  •         forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services;
  •         solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information, including transmitting or facilitating in the transmission of junk email, chain letters, duplicative or unsolicited messages;
  •         modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so; or
  •         submit, post, email, display, transmit or otherwise make available through the Services any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.

Trump assumes no responsibility for monitoring the Services for inappropriate, false, incorrect, misleading, deceptive or unlawful content, information, materials or conduct.  If at any time Trump chooses in its sole discretion to monitor the Services, Trump nonetheless assumes no responsibility for User Postings (as hereafter defined), assumes no obligation to modify or remove any User Postings, and no responsibility for the conduct of any user. Trump reserves the right to investigate and take appropriate legal action against anyone who, in Trump’s sole discretion, violates, or is suspected of violating, this Section 9, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that Trump may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (A) comply with the legal process, (B) enforce these Terms of Service, (C) respond to claims that any content or information violates the rights of any third party, (D) respond to your requests for customer or technical service, or (E) protect the rights, property or personal safety of Trump, users or any third parties.

10. User Postings

A. General.  The Services may provide you and other users with an opportunity to participate in message, comment, communication and other social networking features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages and other content and information via the Services (each, a “User Posting”, and collectively, “User Postings”).  When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, information about the User Posting, your location, activity, preferences, photographs, media and/or similar information. You acknowledge and agree that all User Postings made by means of or in connection with any portion of the Services are public and that (i) you have no expectation of privacy in any User Posting and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and Trump by reason of your transmitting a User Posting to any area of or in connection with the Services. User Postings do not reflect the views of Trump, its affiliates or any of their respective successors and assigns, directors, officers, employees, representatives or agents, and you understand that by using the Services, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable and, as such, Trump does not guarantee the accuracy, integrity, quality or content of any User Postings.  Under no circumstances shall Trump be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available. 

B. Responsibility; Liability.  We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings, including, without limitation, any Unauthorized Postings; provided, however, that Trump shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized Posting” means any User Posting that is or may be construed as violating these Terms of Service, including, without limitation, Section 9 herein, or is deemed to be unacceptable to Trump, as determined in Trump’s sole discretion.

C. License; Usage.  In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to Trump the unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Trump, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in these Terms of Service and granted to Trump shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.

D. Representations.  Trump does not acquire any title or ownership rights in the User Postings that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that (i) you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in these Terms of Service and to perform and comply with all of the requirements set forth herein, (ii) your submission, uploading, posting, emailing, displaying, transmission and/or making available of User Postings does not violate these Terms of Service, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity, (iii) you have the legal right and capability to enter into these Terms of Service and perform and comply with all of its terms and conditions and (iv) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under these Terms of Service and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Postings.

11. Third Party Services and Content.

The appearance, availability, or your use of (A) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services (e.g., webpages and related content accessed from within the Services) or (B) any third party websites, platforms, content, data, information, applications, goods, services or materials, including, without limitation, Third Party Platforms (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Trump, its affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers, operators or service providers. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), whether the Services' or Trump’s logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise.  If any Third Party Services you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

12. Advertisements.

From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through the Services or via a hyperlinked website, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).

13Payment, Pricing, and Related Terms of Service.

A. Fee-Based Services.  We may make available certain fee-based transactions, content and other e-commerce services, including, without limitation, the ability to book reservations or purchase goods and services on and/or in connection with the Services (“Fee-Based Services”).   You acknowledge and agree that certain Fee-Based Services may utilize third party service providers (e.g., Apple, etc.), and all purchases made through these third party service providers are subject to their respective terms and conditions, and in the event of a conflict between such third party’s terms and conditions and these Terms of Service, the terms and conditions of the third party service provider shall govern and control.  Trump is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. 

Additional Terms may apply to your use of, access to and purchase of Fee-Based Services.  You may only use the Fee-Based Services if, and you hereby represent, warrant and agree that (i) you are 18 years of age or older and a legal resident of U.S. and (ii) you shall pay in full the prices and fees (including, without limitation, all applicable taxes (as more fully described below)) for any purchases you, or anyone using the User Account registered to you, make via an Authorized Payment Method (as defined below).

B. Payment Method and Terms.  The Services accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, Trump may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the “Submit”, “Book” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us.  Trump reserves the right to change any and all prices for any Services and other content at any time, for any reason.

C. Taxes.  You are responsible for any taxes imposed on any Fee-Based Services conducted on or in connection with the Services and applicable taxes will be added to the amount charged for the applicable transaction. Fee-Based Services in connection with the Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, without limitation, the bill-to address and tax rates in effect at the time your transaction is completed.  

D. Additional Terms and Conditions.  Trump may revise any or all of the fees and prices associated with the Fee-Based Services at any time for any or no reason. Further, Trump does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services on or in connection with the Fee-Based Services do not imply Trump’s or any of its affiliates' endorsement of such products or services. Despite our best efforts, some products or services may be mispriced.  If the correct price of a product or service sold by Trump is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or finalizing your reservation, or cancel your order or reservation and notify you of such cancellation.  Moreover, Trump and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if Trump terminates your use of or registration to the Services because you have breached these Terms of Service, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration.

E. Support.  If you have a complaint or dispute about a certain charge, or about a certain feature or product made available on or in connection with the Fee-Based Services, you must promptly notify Trump customer service of such complaint or dispute by sending a detailed email to feedback@trumporg.com.

F. THIRD PARTY PRODUCTS AND SERVICES.  WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES SHOULD BE DIRECTED TO THE RELEVANT THIRD PARTY OPERATIONAL SERVICE PROVIDER.

14. Digital Millennium Copyright Act.

A. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Designated Agent:

The Trump Organization
Attention: DMCA Copyright Agent
725 Fifth Avenue
26th Floor
New York, NY 10022

Email Address of Designated Agent: copyright@trumporg.com

For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Trump customer service by sending an email to feedback@trumporg.com.  You acknowledge and agree that if you fail to comply with all of the requirements of this Section 14, your DMCA notice may not be valid.

B. If you believe that your content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Trump for use on the Services, you may send a counter-notice containing the following information to our Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
  • Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, Trump may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Trump’s sole discretion.

15. DATA AND WIRELESS ACCESS CHARGES

Certain Trump Apps and other Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such Trump Apps and other Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will Trump be responsible for any such data access fees and charges in connection with your use of any Trump Apps or other Services, including wireless internet, email, text messaging or other charges or fees incurred by you (or any person that has access to your device, telephone number, email address, User Account or other similar information). Further, the use or availability of certain Trump Apps and other Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all Trump Apps and other Services may work with all wireless carriers, networks, platforms, services or devices.

16. Assignment.  

These Terms of Service, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Trump without restriction, notice or other obligation to you.

17. Indemnity.  

You agree to indemnify, defend and hold Trump, its affiliates, and parent company, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (A) your use of the Services, (B) your breach or violation these Terms of Service or (C) your User Postings. Trump reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

18. DISCLAIMER AND LIMITATIONS OF LIABILITY.

THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED.  WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER POSTINGS AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. FURTHER, WITHOUT LIMITING THE FOREGOING, Trump, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, MADE IN CONNECTION WITH PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU IN CONNECTION WITH THE SERVICES, INCLUDING CORRESPONDENCE WITH COMPANY OR ITS AGENTS OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Trump, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT COMPANY ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY USER POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

19. Customer Support.  

For assistance with technical issues or customer support inquiries, please send an email to feedback@trumporg.com.

20. Governing Law; Miscellaneous.

A. These Terms of Service contains the entire understanding and agreement between you and Trump concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. These Terms of Service cannot be changed orally. If any provision of these Terms of Service is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Service shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Service; however, no action arising out of these Terms of Service or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).  The failure of Trump to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision. 

B. These Terms of Service and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the state's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.

C. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

D. TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND Trump WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

E. The Services are controlled by Trump from its offices in the U.S. Trump makes no representation or warranty that the Services or Content contained on or made available in connection therewith is legal, appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

These Terms of Service was last modified on the date indicated above and is effective immediately.

© Copyright 2017 The Trump Organization
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Policy

Introduction: The Trump Organization has a strong commitment to providing excellent service to all of our customers, including respecting their concerns about privacy. We understand that visitors to our website may have questions about how this website collects and uses information. We have prepared this statement to inform you of the privacy principles that govern Trumpgolf.com.

This statement contains numerous general and technical details about the steps we take to respect your privacy concerns. The bottom line is that meeting your needs and expectations form the foundation of everything we do - including protecting your privacy.

Browsing: This website does not collect personally identifiable information from your computer when you browse the site. This means that, unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your e-mail address, or any other personally identifiable information.

Internet Protocol (IP) Address: An IP address is a number that is automatically assigned to your computer when you browse the Internet. When users request a page from our site, our servers log the user's current IP address. We use IP addresses to help diagnose problems. We do not link IP addresses to any personally identifiable information about you.

Cookies: Our website uses cookie technology. Cookies are strings of text that a website may store on a user's computer. Our website uses cookies but only requires them in the online reservation process. Cookies enable our website to keep track of your preferences and activities relating to the website. Our website creates session cookies for each visit in order to facilitate your visit. The session cookie expires at the end of the session.

• Use of Cookies and E-Mails - We use a third party service provider to send marketing e-mails on behalf of Trump. There are no cookies in the e-mail. However, when an e-mail recipient clicks on a link to Trump website included in the e-mail, a persistent cookie is placed on the user's computer. This cookie is used to measure the effectiveness of our e-mail marketing efforts and better understand how our users navigate through the site. The cookie set by our service provider will remain on your hard drive 30 days after the last time you clicked on the coded link in the e-mail, or until you delete it.
• Use of Cookies for Advertising - We use third party service providers to serve and host our advertisements. These third parties use persistent cookies to track the number of times our site is accessed and whether the site was accessed from the advertisement. The cookies generated from the advertisements do not contain personally identifiable information and may remain on your hard drive three or more years unless deleted by you.

The third party service providers mentioned above are contractually bound not to use any information they gather for any purpose other than providing services to us. Cookies do not corrupt or damage your computer or computer files. In addition, we do not use cookies to gather information concerning your visits to non-Trump websites. If you do not wish to receive these cookies, you may set your browser to reject the cookies (consult the instructions for your particular browser on how to do this), although doing so may affect your ability to perform certain transactions on our website.

Pixel Tags: The third party service providers mentioned above serve and host Trump advertisements on other sites. To track the effectiveness of Trump advertisements on other sites, Trumpgolf.com uses pixel tags (also known as clear gifs, beacon gifs, 1-by-1 gifs, or web bugs). Pixel tags are not visible to the user of the site and consist of a few lines of computer coding. If you are visiting Trumpgolf.com from an advertisement on another site, the pixel tag references the cookie you received when you clicked on the advertisement. The pixel tag then registers this activity with the third party advertising company to allow us to count the number of times an advertisement is accessed. In addition, we also measure the reservations generated from a particular ad. At no time is personally identifiable information about you or your reservation collected by the third party advertising company, nor is any tracking information generated from the pixel tag allowed to be used by them for any other purpose other than to report website activity to us or allow us to better target future interactive advertising.

Our third party service providers may use pixel tags in Trump marketing e-mails that help us send the e-mail in a format you can read, to allow us to know which e-mails you act upon and to better target the content of future e-mails. In addition, we track the aggregate number of e-mails read and whether any of the links in the e-mail were accessed. No other information is collected or used from pixel tags.

Information We Collect: When we need to collect personally identifiable information from you, we will ask you to voluntarily supply us with the information we need. For example, if you would like to make a reservation at our hotel, we will ask you for information such as name, address, telephone number, e-mail address, credit card number, and room preference to process your reservation. We will use your e-mail address to send a confirmation and, if necessary, might use the other information to contact you for help to process the reservation. The same types of information would be requested to complete a gift certificate transaction. As indicated below (see E-Mail section), we may also use your e-mail address to notify you about special offers and promotions.

Securing the Transmission and Storage of Information: When we ask you for credit card data when making a reservation or purchasing a gift certificate, it is transferred over a Secured Sockets Layer (SSL) line provided you are using a SSL enabled browser such as Microsoft Internet Explorer or Netscape Navigator. We also use SSL on other select pages where you would enter personally identifiable information. This ensures that your information is encrypted as it travels over the Internet. This secure mode is enabled before any such information is transmitted from your computer. You will know you are in secure mode when the padlock or key icon in the lower right-hand or left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the site address will change from http to https. After information reaches Trump it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside the Company.

E-Mail: It is our intention to only send you e-mail communications that will be useful to you and that you want to receive. When you make a reservation and provide your e-mail address, we will occasionally contact you via e-mail and provide information about special offers and promotions that may be of interest to you. These communications will relate to Trump offers and/or the promotions of select, reputable third parties with whom Trump has a strategic marketing relationship because they offer products or services that we believe would of interest to you. We use a third party e-mail service provider to send e-mails. This service provider is prohibited from using your e-mail address for any purpose other than to send Trump related e-mail. Every time you receive e-mail you will be provided the choice to opt-out of future e-mails by following the instructions provided in the e-mail, or you may opt-out by updating your online profile.

Trump Use of Information: We treat the information you provide to us as confidential information; it is, accordingly, subject to our company's security procedures and strict corporate policies regarding protection and use of confidential information. Because laws applicable to personal information vary by country, our hotels or other business operations may put in place additional measures that vary depending on the applicable legal requirements. Information collected on the sites covered by this privacy statement, which are listed in the first paragraph, is generally processed and stored in the United States.

The personally identifiable information you provide to us for making a reservation is made available to the applicable hotel for the purpose of meeting your reservation request. If you cancel your reservation, the information is stored for recordkeeping purposes only and is not accessed again. After making a reservation or completing your stay at a Trump hotel, unless you tell us otherwise, the information you provide may be used by us for direct marketing of a Trump hotel, other Trump products or the products of select, reputable third parties with whom Trump has a strategic marketing relationship because they offer products or services that we believe would of interest to you. Trump may use the services of a third party mail house for the sole purpose of mailing materials.

Disclosure of Information to Third Parties: Trump prohibits the sale or transfer of personal information to entities outside of Trump for their use without your approval.

Links to Other Sites: If you choose to leave this Trump site via links to other non-Trump websites, including those of advertisers, Trump is not responsible for the privacy policies or content of those sites, nor is Trump responsible for the cookies those sites use.

Legal Issues: This is a United States website and is subject to United States law. Trump will disclose personally identifiable information without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to Trump guests, visitors, associates, or property (including this site), or to others. As mentioned above, laws related to personal identifiable information vary by country. For example, personally identifiable information collected in the European Union is subject to the EU Data Protection Directive.

Privacy Policy Effective Date: The privacy policy is in effect at the time of each visit to our site. Please check our privacy policy each time you visit our website if you are concerned about how your information will be used.

Trumpgolf.com Privacy Statement Changes: In the future, we may need to change the privacy statement for Trumpgolf.com. All changes will be made here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.

Thank you.

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