End User License Agreement

This End User License Agreement (“Agreement”) applies to the smartphone application known as Go Golf! (“Application”) provided by Go Golf!, LLC (“Owner”).

Acceptance of Terms and Conditions

By continuing to use the Application, you agree as follows: •You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; •You will use the Application in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Owner from time to time; and •You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement. If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Application.

Owner’s License to You

Owner grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Application. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Application and, if you sell or otherwise transfer a device on which the application is installed to a third party, you must remove the Application from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application).

Your License to Owner

Any communications or material of any kind that you email, post, or otherwise transmit to Owner using the Application, including data, questions, comments, or suggestions (your “Communications”) will become the property of Owner. You hereby grant a license to Owner to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.

Electronic Signatures

You agree to be bound by any affirmance, assent, or agreement you transmit to Owner using the Application, including but not limited to any consent you give to receive communications from Owner solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the Application, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

In-App Purchases

If you make any In-App Purchases in the Application, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.

Carrier Charges

Your carrier’s data rates may apply to your use of the Application. Use of the Application requires data transfer between your device and one or more servers. The cost of data transfer is your responsibility.

Use of Owner Services

The following requirements apply to your use of the Application:

•You will not use any electronic communication feature of the Application for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.

•You will not use the Application to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.

•You will not collect or store personal data about other users of the Application.

•You will not use the Application for any commercial purpose not expressly approved by Owner in writing. You will not use the Application to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.

•You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

•You will not use the Application when you are driving a motor vehicle, even if doing so is legally permitted in your location. Owner may remove any material which Owner deems to violate any of these requirements. Failure to comply with these requirements may result in termination of your license to use the Application.

Security of Data Transmission and Storage

Electronic communications using the Application may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Owner or between you and other parties.

Owner and its affiliates, and agents are permitted, but not obligated, to review or retain your Communications. Owner may monitor your Communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Application, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Owner or its affiliates or agents monitor your Communications and enforces or fails to enforce the terms of the Agreement. In no event will Owner or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Owner or its affiliates or agents.

We reserve the right to disclose your personal information as required by law, such as to comply with a subpoena, bankruptcy proceedings or similar legal process, and when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud and/or to comply with a judicial proceeding, court order, or legal process served on our website.

In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our business assets, your personal information will likely be among the assets transferred.

With the exception of the foregoing, we will not sell or share your personal information with anyone.

If you are located in the EU, you will also be asked to provide clear and unequivocal affirmative consent to the collection, processing, and sharing of your user information.

Notice to EU Individuals: this Privacy Statement and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.

Notice to EU Individuals: Owner will not process your user information without a lawful basis to do so, as such bases are defined in Article 6 of the GDPR. In general, Owner will process your user information on the legal bases of consent, contract, or legal obligation. Owner may also process certain user information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering and continuing to develop and improve the Application, learning from your behavior on the Application to better serve you and other users, helping us modify or enhance the Application, receiving insight as to what users do (and don't) like about the Application or aspects thereof, and providing a stable, consistent, and secure user experience.

GENERAL TERMS AND CONDITIONS

1. Disclaimer of Warranties. Neither Go Golf! nor any other party involved in creating, producing, or delivering the App makes any representations about the suitability of the content of this App for any purpose, nor that your use of the App will be uninterrupted or error-free. EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

2. Limitation of Liabilities. Neither Go Golf! nor any other party involved in creating, producing, or delivering the App assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the App or your downloading of any materials, data, text, images, video, or audio from this App. Your use of and browsing in the App are at your risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

3. Content Submitted or Made Available for Inclusion at the App. Any unsolicited communication or material that you transmit to the App by electronic mail or otherwise (“Communications”), including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Any unsolicited communication or material that you transmit or post may be used by Go Golf! or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting. Furthermore, Go Golf! will be free to use any ideas, concepts, know-how, or techniques contained in any unsolicited communication or material that you send to the App for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

4. Images of People or Places. Images of people or places displayed on the App are either the property of, or used with permission by, Go Golf!. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

5. Trademark Information. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the App, are registered and unregistered Trademarks of Go Golf! and others. Nothing contained on the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the App without the written permission of Go Golf! or such third party that may own the Trademarks displayed on the App. Your use of the Trademarks displayed on the App, or any other content on the App, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Go Golf! will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

6. Links. The App contains links to other sites. Go Golf! does not control such other sites, and neither Go Golf! nor its agents or affiliates make any representations whatsoever concerning the content, accuracy, security or privacy of those sites. The fact that Go Golf! has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and Go Golf! cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you seek to hold Go Golf! or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on other sites.

7. Conduct of App Users. Although Go Golf! may from time to time monitor or review postings, transmissions, and the like on the App, Go Golf! is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the App. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Go Golf! retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing Go Golf! to disclose the identity of anyone posting any such information or materials.

8. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Go Golf! shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the App.

9. Notices. Go Golf! may give notice to its users by means of a general notice on this App, electronic mail to a user’s email address on its records, or by written communication sent by first class mail to a user’s address on its records.

10. Notice and Procedure for Making Claims of Copyright Infringement. Go Golf! respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Go Golf! with the following information:

(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

11. International Use. None of the products or underlying information or technology available at this App may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify Go Golf! against any and all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.

12. Monitoring, Copying, Altering or Interfering with the App. You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without the prior expressed written permission of Go Golf! or the appropriate third party.

13. General Information. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Ingham County, Michigan and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

14. Privacy Policy. Go Golf! respects your privacy and permits you to control the treatment of your personal information. Go Golf!’s Privacy Policy is expressly incorporated into this Terms of Use.

When you open an account to use or access certain portions of the App or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify Go Golf! immediately of any unauthorized use of your account, user name or password. Go Golf! shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Go Golf!, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain products or Services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Go Golf! a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate Go Golf!’s rights at any time by removing your personal information from the applicable service

Privacy and Information Security Policy

Go Golf! is committed to safeguarding your online privacy with respect to the personally identifiable information that we may obtain from you at the App. Our Privacy and Information Security Policy (“Privacy Policy”) answers frequently asked questions about your online privacy, including what personally identifiable information we may obtain from you and how it will be used and protected. Company may from time to time change this Privacy Policy, so please check back periodically.

WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION?
• We may ask that you provide us with certain personal information, including your name, email address, mailing address and telephone number.
• If you post to a discussion forums, we may ask that you provide us with your name, email address and password.
• If you want to enter any sweepstakes, contests or promotions sponsored by us or by one of our business partners, we may ask for your name, email address and other information as may be required by the rules of the specific contest.
• If you choose to participate in a customer survey conducted by us or by one of our business partners, we may ask for your name, email address and other information as may be required by the particular survey.
• If you report a problem or submit a customer review, we may ask that you provide your name, email address, membership number, address, phone number and fax number. Should you contact us for any reason other than to report a problem and/or submit a review, we may also keep a record and/or copy of your correspondence with us.

HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION?
To protect the security and quality of your personal information, we have implemented technical and managerial procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when it is under our control. Your personally identifiable information will be encrypted and stored on our secured servers. Your personal information is also password protected so that access is limited to yourself and those with whom you share your password, Company, as well as third party access facilitated by Company with your prior permission. We have also taken steps to help protect the integrity of your personal financial information when you complete a purchase transaction on our App.

HOW DO WE USE YOUR INFORMATION?
Our primary use of your information is to administer, maintain and improve your experience on our App generally as well as provide you with customized, personalization services and interactive communications.

• If you check the “opt-in” feature on our App, or if you do not uncheck a pre-checked “opt-in” box we may from time to time send you emails regarding our App and special promotions. Also, we occasionally may send you direct mail about products or services that we believe may be of interest to you.

• We use your IP address to help diagnose problems with our server and to administer the services offered on our App. We also use your IP address to help identify you and to gather broad demographic information that we may share with our business partners, but only in the aggregate without any of your personally identifiable information.

• We may research the demographics, interests and behavior of our customers based on the information provided to us during membership registration, during sweepstakes, contests and promotions, from our server log files, from cookies and from surveys. Our research may be compiled and analyzed on an aggregate basis. We may share this aggregate data with business partners, but only in the aggregate, without any of your personally identifiable information.

CAN YOU “OPT-OUT” OF RECEIVING COMMUNICATIONS FROM COMPANY?
If you change your mind and decide that you no longer want to receive promotional emails and/or direct mailings, you may opt-out at any time by simply sending an email request to help@gogolf.io. Similarly, if you are not receiving our promotional emails and/or direct mailings and wish to receive these materials, you may opt-in at any time by simply sending an email request to help@gogolf.io.

PRIVACY POLICIES OF COMPANY PARTNERS
Third parties that have links on our App may collect personally identifiable information about you. We are not responsible for the privacy policies or practices of such sites and the practices of these sites are not governed by this Privacy Policy. If you have questions about the privacy policies or practices of a third party site, you should contact the site administrator or web-master of the specific site. We may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Company and its business partners. We will maintain your information in accordance with the terms of this Privacy Policy. However, this Privacy Policy does not govern the privacy policies and practices of our business partners. If you have questions about the privacy policies or practices of our business partners, you should contact them directly.

DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
No, as a general rule, we do not sell or rent your personally identifiable information to anyone. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.

WITH WHOM DO WE SHARE INFORMATION?
We generally will not disclose any of your personally identifiable information except when we have your permission to do so or under some special circumstances described below.

• As noted previously, we may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Company and its business partners. We may also disclose other personal information about you to our business partners, but only if we have obtained your permission to make the disclosure before data collection or before transferring the data.

• We may, from time to time, offer you the opportunity to receive materials or special offers from third parties. If you want to receive this information, we may (but only with your permission) share your name and email address with them.

• Under confidentiality agreements, we may match user information with third party data. We also may disclose aggregate demographic and/or user information and statistics in order to describe our customer base to prospective partners and other third parties, and for other lawful purposes.

• We may disclose your personally identifiable information without your prior permission in special cases. For example, we may have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating the User Terms and Conditions, or may be causing intentional or unintentional injury or interference to the rights or property of Company or any third party, including other customers. Also, we may disclose or access your personally identifiable information when we believe in good faith that law or regulation requires disclosure.

HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
You may edit your personally identifiable information and your password at any time by sending an email request to help@gogolf.io.

WHAT ARE COOKIES? HOW DO WE USE COOKIES?
Cookies enable us to customize and personalize your experience on our App, including the products and promotions that are offered to you. Essentially, a cookie is a small amount of data that is sent to your browser from a web server and is stored on your computer’s hard drive. We use cookies for several purposes in connection with the operation of our App

• We may use cookies to identify you and access your information stored on our computers in order to deliver you a better and more personalized experience. For example, we may use cookies to tell you about products and services specific to your interests.

• Upon request, we will save your “user name” so that you do not have to re-enter it every time you visit our App. In providing you with this service, we use cookies.

• We may use cookies to estimate our customer base and customer usage patterns. Each browser accessing our App may use given a unique cookie that is then used to determine the extent of repeat visits and the customer activity during those visits. We may use the historical information to help target promotions based on customer interests and behavior, both specifically to individual customers and on an aggregate basis with respect to all customers.

• We also may use cookies to track your progress and number of entries in some promotions, sweepstakes and contests, or through a meeting registration process. For example, when a promotion uses cookies, the information coded to the cookie indicates your progress through the promotion, and may be used to track entries, submissions and status of prize drawings. Business partners that offer co-branded services and jointly-sponsored sweepstakes, contests and promotions on our App, may use their own cookies. We have no control over those cookies, nor does this Privacy Policy cover how your personal information contained in those cookies may be used or protected. If you have any questions about the cookies of such third parties, or about the use of your personal information by such third parties, you should contact the site administrator or web-master of the third party site.

DO YOU HAVE CHOICES ABOUT COOKIES?
Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our App uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our App and/or use our services or participate in our sweepstakes, contests or promotions.

WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?
It is important to remember that whenever you voluntarily disclose personal information on-line, your information can be collected and used by others. If you transmit or post personal information on-line that is accessible to others, you will not be able to control how that information is used by others. When we receive the transmitted information, we will use the procedures summarized in this Privacy Policy to ensure the integrity and security of that information in our systems. Unfortunately, notwithstanding any of the steps taken by us, it is not possible to guarantee the security and integrity of data transmitted over the Internet. Consequently, while we take the above-described reasonable steps to protect your personal information, we cannot and do not warrant the security or integrity of any information you transmit to us when registering for our App or otherwise. All such transmission of information is at your own risk. Moreover, though we are committed to having our App comply with this Privacy Policy, you are ultimately responsible for maintaining the secrecy of your password and your personally identifiable information. If you are careless with your password, or you decide to share your password with third parties, you must be aware of the risk that such third parties will have access to all your personally identifiable information.

CONTACT US.
If you have any questions or comments about this Privacy Statement or the practices of our App, please feel free to email us at help@gogolf.io or visit our contact page on our website www.gogolf.io.