Terms
of Service.

This Agreement shall commence as of the date you accept it (in accordance with the preamble) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the terms herein. You may terminate your use of or registration for the Services at any time within your Apple device subscription settings. Endless Technologies may terminate your use of or registration for 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, including in the event you have breached this Agreement, or if we are required to by applicable law.

We may modify this Agreement at any time, for any reason, at our sole discretion. If we modify this Agreement, we will provide notice on the Site and within the App. We may also send you notice to the email address you provided. You are solely responsible for providing us with a current and accurate email address. In certain circumstances, we may require you to provide additional consent before any further use of the Site, App or Services is permitted. We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.

By using the Services, you represent and warrant that (a) you are 13 years of age or older and acknowledge and agree that features, activities and other aspects of the Services may be subject to heightened age and/or other eligibility requirements; (b) your use of the Services does not violate any applicable law, rule or regulation; and (c) you shall make timely and satisfactory payment for any Services purchased by you. If you provide information that is untrue, inaccurate, incomplete, or we suspect that such information is untrue, inaccurate, or incomplete, we may 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 its sole discretion, with or without notice to you, and without liability or obligation to you.

In order to access and use the Services, we may require that you register for an account ("User Account"), create a unique username and password combination ("User Credentials"), and provide certain additional information, as prompted by our user registration process. You represent and warrant that all registration and account information you submit is truthful and accurate and that you shall maintain and promptly update the accuracy of such information. You may only have one User Account, and are responsible for maintaining the strict confidentiality of your User Credentials. You are responsible for any access to, or use of, the Services by you or any person or entity using your User Credentials or the device you use to access and use the Services (a "Device"), 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, including, without limitation, any fee-based transactions. It is therefore critical that you do not share your User Credentials with anyone. You agree to immediately notify Endless Technologies of any unauthorized use of your User Credentials, User Account and/or Device, or any other breach of security, including, without limitation, if your Device is lost or stolen. It is your responsibility to (a) control the dissemination and use of your User Credentials, User Account, and Device; (b) update, maintain, and control access to your User Credentials, User Account, and Device; and (c) cancel your User Account. We reserve the right to deny access, use, and registration privileges to anyone if we believe there is a question about the identity of the person trying to access any account or element of the Services. Endless Technologies shall not be responsible for any loss or damage arising from your failure to comply with this Section 4.

Some of the Services may be dependent on and/or interoperate with third-party owned and/or operated platforms and services (e.g., Apple, 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. No Third-Party Platform through which you purchase the Services shall furnish any maintenance or support with respect to the Services, nor shall they address any third-party claims related to your use of the Services.

The Services may include advertisements, which may be targeted to content or information on the Service, or other information. The types and extent of advertising by Endless Technologies on the Services are subject to change. In consideration for Endless Technologies granting you access to and use of the Services, you agree that Endless Technologies and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Services, you may be required to provide certain personal or personalized information to us (such information referred to hereinafter as "Personal Information"). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Privacy Policy. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.

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 not allowed. You represent, warrant and agree that, while using the Services, you shall not:

• 8.1 Intentionally or unintentionally engage in or encourage conduct that would violate any applicable law or rule, 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;
• 8.2 Submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material that: (i) is illegal, harmful, threatening, defamatory, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, contains explicit or graphic imagery or descriptions of excessive violence or sexual acts, links to adult content, or promotes discrimination, hatred or harm of any kind against any group or individual; (ii) makes available private information, or creates a security or privacy risk for any other person or entity; (iii) 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 property; or (iv) is false, incorrect, misleading, or fraudulent information, including, without limitation, as it pertains to any golf-related conduct, activities, achievements, initiatives, promotions, and/or opportunities;
• 8.3 Intentionally or unintentionally engage in or encourage conduct that adversely affects Endless Technologies, Endless Technologies' affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, operators or service providers, the Services, or causes duress, distress, or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
• 8.4 Without Endless Technologies' written agreement, use the Services for commercial purposes, whether compensated or not;
• 8.5 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;
• 8.6 Impersonate any person or entity, including, without limitation, an Endless Technologies official, or falsely state or otherwise represent your affiliation with a person, entity or User Posting (as defined herein), transmit or otherwise make available on, through or in connection with the Services false or misleading indications of origin, information or statements of fact;
• 8.7 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services, including User Postings (as defined herein);
• 8.8 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 users or other information;
• 8.9 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;
• 8.10 Use the Services in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; or
• 8.11 Use the Services if you are on any U.S. Government list of prohibited or restricted parties.

Endless Technologies may investigate and take legal action against anyone who, in Endless Technologies' sole discretion, violates, or is suspected of violating, this Agreement, including, without limitation, reporting to law enforcement authorities. You acknowledge, consent, and agree that Endless Technologies 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 (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to your requests for customer or technical service; or (v) protect the rights, property or personal safety of Endless Technologies, its users or any third parties. Endless Technologies also reserves the right to remove the Services from Third-Party Platforms, which would limit your ability to re-download the Services.

You may not use, export, import, or transfer the App except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the App, and any other applicable laws. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the App for any purpose prohibited by U.S. law. You acknowledge and agree that the App and the Services are subject to U.S. export control laws and regulations. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Endless Technologies' products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Endless Technologies respects the intellectual property of others, and asks you to do the same. Endless Technologies will (i) remove or disable access to material made available on or through the Services that Endless Technologies believes in good faith, upon notice from an intellectual property owner or their agent, to be infringing the intellectual property of a third party; and (ii) remove any User Postings uploaded to the Services by "repeat infringers." Endless Technologies will consider you a "repeat infringer" if Endless Technologies has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to your User Postings. Endless Technologies has discretion, however, to terminate your User Account after receipt of a single notification of claimed infringement or upon Endless Technologies' own determination.

If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then promptly send a "Notification of Claimed Infringement" containing substantially the following information to Endless Technologies' Designated Agent identified below:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that is allegedly infringed;
• Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
• Identification of the specific 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 Endless Technologies to locate the material;
• Information reasonably sufficient to permit Endless Technologies to contact you, such as an address, telephone number and, if available, an email address at which you may be contacted;
• A statement that you have a good faith belief that the 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.

Endless Technologies may share the Notification of Claimed Infringement with the user alleged to have infringed a right you own or control, and you hereby consent to Endless Technologies making such disclosure.

If you receive a notification from Endless Technologies that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Endless Technologies a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Endless Technologies' Designated Agent through one of the methods identified in this section, and include substantially the following information:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, then for any judicial district in which Endless Technologies may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

If you submit a Counter Notification to Endless Technologies in response to a Notification of Claimed Infringement, then Endless Technologies will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Endless Technologies will replace the removed User Postings or cease disabling access to the User Postings in 10 business days following receipt of the Counter Notification, unless Endless Technologies' Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services.

The Copyright Act provides that any person who knowingly materially misrepresents under Section 512 of the Copyright Act (17 U.S.C. § 512) (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Endless Technologies relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Endless Technologies reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

You agree to defend, indemnify and hold Endless Technologies and its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and service providers (the "Endless Technologies Parties") harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) (collectively, "Claims"), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation of this Agreement, or (c) your User Postings. Endless Technologies reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Endless Technologies' defense of such Claim. This provision does not require you to indemnify the Endless Technologies Parties for any unconscionable commercial practice by Endless Technologies or for Endless Technologies' fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site, App, or any Services provided hereunder.

• Any consequential, indirect, special, incidental, or punitive damages;
• Any loss of profits, loss of business, loss of revenue, or loss of anticipated savings;
• Any loss of, or damage to, data, reputation, or goodwill; and/or
• The cost of procuring any substitute goods or services.

THE AGGREGATE COMBINED LIABILITY OF ENDLESS TECHNOLOGIES AND ITS AFFILIATED ENTITIES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO ENDLESS TECHNOLOGIES (IF ANY) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM. ACCORDINGLY, IF YOU HAVE NOT PAID TGA — THE GOLF APP ANY AMOUNTS IN SUCH THREE-MONTH PERIOD, ENDLESS TECHNOLOGIES SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY:

• Even if TGA — The Golf App or its affiliated entities have been advised, or should have been aware, of the possibility of losses or damages;
• Even if any remedy in this Agreement fails of its essential purpose; and
• Regardless of the theory or basis of liability (such as, but not limited to, breach of contract, tort, and strict liability).

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so to that extent some of the above exclusions or limitations may not apply to you.

We may from time to time provide updates or upgrades to the App (each an "Update"), but are not under any obligation to do so. Such Updates will be supplied according to our then-current policies, which may include automatic updating or upgrading without any notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include its Updates as well, and this Agreement shall govern any Update, unless the Update is accompanied by a separate license agreement which is explicitly stated to govern that Update.

You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that this Agreement is between you and Endless Technologies and not with the App Store. Endless Technologies, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.