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Terms and Conditions

Terms and Conditions

Reference is made to GolfTrak Inc. (“GolfTrak”, “us”, “our”, and “we”) and our products and services, including, without limitation, our mobile app currently known as “GolfTrak” – The Golf App” and our website at “www.golftrak.app” (collectively, the “Services”).

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Services. By accessing or using the Services, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter nto these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/or use the Services.

You must be at least 13 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (i) you are either (a) at least 13 years old and you have been authorized to use the Services by your parent or legal guardian who is at least 18 years old, or (b) at least 18 years old.

These terms require the use of arbitration (Section 10.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

1. Accounts

1.1 Account Creation.
In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Services. GolfTrak may suspend or terminate your Account in accordance with Section 8.

1.2 Account Responsibilities.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify GolfTrak of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. GolfTrak cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to thServices

2.1 License.
Subject to these Terms, GolfTrak grants you a non
-transferable, nonexclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use.

2.2 Certain Restrictions.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially e
xploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not interfere with or circumvent any feature of the Services; (d) you shall not access the Services in order to build a similar or competitive product, or service; and (e) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.

2.3 Modification.
GolfTrak reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that GolfTrak will not be liable to you or to any third
-party for any modification, suspension, or discontinuation of
the Services or any part thereof.

2.4 No Support or Maintenance.
You acknowledge and agree that GolfTrak will have no obligation to provide you with any support or maintenance in connection with the Services.

2.5 Ownership.
Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by GolfTrak or GolfTraks suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third-party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. GolfTrak and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3User Content

3.1 User Content.
User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the users profile or postings, such as your videos). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or
any disclosure of your User Content that personally identifies you or any third-party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by GolfTrak. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. GolfTrak is not obligated to backup any User Content, and your User Content may be deleted at any
time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2 License.
You hereby grant (and you represent and warrant that you have the right to grant) to GolfTrak an irrevocable, none
xclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing
rights, solely for the purposes of including your User Content in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy.
The following terms constitute our “Acce
ptable Use Policy”:

(aYou agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of anothers privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic,

obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

(bIn addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other users use and enjoyment of the Services; or (vi) use software or automated agents or scripts to
produce multiple accounts on the Services, or to generate automated searches, requests, or queries to
(or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the
Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

3.4 Enforcement.
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability
for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/ or reporting you to law enforcement authorities.

3.5 Feedback.
If you provide GolfTrak with any feedback or suggestions regarding the Services (“
Feedback”), you hereby assign to GolfTrak all rights in such Feedback and agree that GolfTrak shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. GolfTrak will treat any Feedback you provide to GolfTrak as non-confidential and non-proprietary. You agree that you will not submit to GolfTrak any information or ideas that you consider to be confidential or proprietary.

4Indemnification

You agree to indemnify and hold GolfTrak (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. GolfTrak reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GolfTrak. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. Third-Party LinkAds; Other Users

5.1 Third-Party Links & Ads.
The Services may contain links to third
-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links Ads”). Such Third-Party Links Ads are not under the control of GolfTrak, and GolfTrak is not responsible for any Third-Party Links Ads. GolfTrak provides access to these Third-Party Links Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links Ads. You use all Third-Party Links Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links Ads, the applicable third-partys terms and policies apply, including
the third-partys privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links Ads.

5.2 Other Users.
Each Services user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not
responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Services users are solely between you and such users. You agree that GolfTrak will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Services user, we are under no obligation to become involved.

5.3 Release.
You hereby release and forever discharge GolfTrak (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services users or any Third
Party Links Ads).

IYOU ARCALIFORNIA RESIDENT, YOHEREBY WAIVE CALIFORNIA CIVIL CODSECTIO1542 IN CONNECTIOWITTHFOREGOING, WHICSTATES: “A GENERAL RELEASDOENOEXTEND TCLAIMS
WHICTHE CREDITOR DOENOKNOOR SUSPECT TEXIST IHIS OHEFAVOR AT THTIMOEXECUTING THRELEASEWHICIKNOWBY HIM OHEMUST HAVMATERIALLY AFFECTEHIS OHER SETTLEMENWITTHDEBTOR.”

6Disclaimers

THSERVICES IS PROVIDEOA“AS-IS” AND “AS AVAILABLE” BASIS, AND GOLFTRA(ANOUR SUPPLIERS) EXPRESSLY DISCLAIANY AND ALL WARRANTIES ANCONDITIONOANKIND, WHETHEEXPRESS, IMPLIED, OR STATUTORY,
INCLUDING ALL WARRANTIEOCONDITIONOMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEQUIEENJOYMENT, ACCURACY, ONON-INFRINGEMENT. W(ANOUR SUPPLIERS) MAKE NWARRANTY THAT THSERVICEWILL MEET YOUR REQUIREMENTS, WILL BAVAILABLOAUNINTERRUPTED, TIMELY, SECUREOERROR-FREE BASIS, OWILL BACCURATE, RELIABLEFREE OVIRUSEOOTHEHARMFUL CODECOMPLETE, LEGAL, OR SAFE. IAPPLICABLLAREQUIRES ANWARRANTIEWITRESPECT TTHSERVICES, ALL SUCWARRANTIES ARLIMITED IDURATIOTNINETY (90) DAYS FROM THDATOF FIRST USE.

SOMJURISDICTIONS DNOT ALLOTHE EXCLUSIOOIMPLIEWARRANTIES, STHABOVE EXCLUSIOMAY NOT APPLY TYOU. SOMJURISDICTIONS DNOT ALLOLIMITATIONOHOLONG AIMPLIEWARRANTY LASTS, STHABOVLIMITATIOMAY NOT APPLY TYOU.

7Limitation on Liability

TTHMAXIMUEXTENPERMITTED BY LAW, IN NEVENT SHALL GOLFTRA(OOUR SUPPLIERS) BLIABLTYOOR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OPROCUREMENOSUBSTITUTE PRODUCTS, OR ANY INDIRECT,
C
ONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OPUNITIVDAMAGES ARISINFROM OR RELATING TTHESTERMOR YOUR USOFOR INABILITY TO

USE, THSERVICES, EVEN IF WHAVBEEN ADVISEOTHE POSSIBILITY OSUCDAMAGES. ACCESS TO, AND USOF, THSERVICES IS AT YOUR OWDISCRETIOAND RISK, AND YOWILL BSOLELY RESPONSIBLFOR ANY DAMAGTYOUR
DEVICE OCOMPUTER SYSTEMOR LOSS ODATA RESULTING THEREFROM. TTHMAXIMUEXTENPERMITTED BY LAWNOTWITHSTANDING ANYTHING TTHE CONTRARY CONTAINEHEREINOUR LIABILITY TYOFOR ANY DAMAGES ARISINFROM OR RELATED TTHIS AGREEMENT (FOR ANCAUSWHATSOEVER AND REGARDLESS OTHFORM OTHACTION), WILL AT ALL TIMES BLIMITED TMAXIMUM OHUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OMORTHAONE CLAIWILL NOENLARGTHIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NLIABILITY OANKIND ARISINFROM OR RELATING TTHIS AGREEMENT.

SOMJURISDICTIONS DNOT ALLOTHLIMITATIOOEXCLUSIOOLIABILITY FOR INCIDENTAL OCONSEQUENTIAL DAMAGES, STHABOVLIMITATIOOEXCLUSIOMAY NOT APPLY TYOU.

8. Term anTermination.

Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services
(including your Account) at any time for any reason at our sole discretion, including for any use of the
Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. GolfTrak will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections through 10.

9CopyrighPolicy.

GolfTrak respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing materiaremoved, the following information in the form of a written notification (pursuant to 1U.S.C§ 512(c)) must be provided to our designated Copyright Agent:

1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6
. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7
. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 1U.S.C§ 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys fees incurred by us in connection with the written notification and allegation of copyright infringement.

The contact information for the Copyright Agent for GolfTrak is as follows:
Address:
GolfTrak Inc.
Attn.: 1121 Lady Carol Dr, Lewisville, TX, 75056

Email: support@golftrak.app

10General

10.1 Changes.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e
-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our
Services. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10.2 Dispute Resolution.
Please read this Arbitration Agreement carefully. It is part of your contract with GolfTrak and affects your rights. It contains procedures for MANDATORBINDING ARBITRATIOAND A CLASS ACTIOWAIVER.

(aApplicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by GolfTrak that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and GolfTrak, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to GolfTrak should be sent to: GolfTrak Inc., [TBA]. After the Notice is received, you and GolfTrak may attempt to resolve the claim or dispute informally. If you and GolfTrak do not resolve the claim or dispute within
thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(cArbitration Rules.
Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten
Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give
the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that GolfTrak made to you prior to the initiation of arbitration, GolfTrak will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorneys fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(d) Additional Rules for Non-Appearance Based Arbitration. If nonappearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

(eTime Limits. If you or GolfTrak pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

(fAuthority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and GolfTrak, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and GolfTrak.

(gWaiver of Jury Trial. THE PARTIEHEREBY WAIVTHEIR CONSTITUTIONAL AND STATUTORY RIGHTS TGTCOURT ANHAVA TRIAL IFRONOJUDGOR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and GolfTrak in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU ANCOMPANWAIVE

ALL RIGHTS TJURY TRIAL, instead electing that the dispute be resolved by a judge.

(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTEWITHITHSCOPE OTHIS ARBITRATIOAGREEMENMUST BARBITRATEOLITIGATEOAINDIVIDUAL BASIS ANNOOCLASS BASIS, ANCLAIMOMORTHAONE CUSTOMEOR USECANNOT BARBITRATEOR LITIGATEJOINTLY OCONSOLIDATEWITTHOSOANOTHECUSTOMEOR USER.

(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(jSeverability. If any part or parts of this agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the agreement shall continue in full force and effect.

(kRight to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(lSurvival of Agreement. This Arbitration Agreement will survive the termination of your relationship with GolfTrak.

(mSmall Claims Court. Notwithstanding the foregoing, either you or GolfTrak may bring an individual action in small claims court.

(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or
misappropriation of the other partys patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California, for such purpose

10.3 Export.
The Services may be subject to U.S. e
xport control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from GolfTrak, or any products utilizing such data, in violation of the United States export laws or regulations.

10.4 Governing Law.
These Terms and any action related thereto or to the Service will be governed by the laws of the State of Texas
 without regard to its conflict of laws provisions.

10.5 Electronic Communications.
The communications between you and GolfTrak us
e
electronic means, whether you use the Services or send us emails, or whether GolfTrak posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from GolfTrak in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GolfTrak provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

10.6 Additional Guidelines; Entire Terms.
Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with sucfeatures (for example, our Privacy Policy). All such additional terms, guidelines, and rules are incorporated by reference into these Terms. These Terms, including any other materials incorporated by reference, constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to GolfTrak is that
of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without GolfTraks prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. GolfTrak may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

10.7 Copyright/Trademark Information.
Copyright © 2018 GolfTrak Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.

10.Contact Information

GolfTrak Inc.
1121 Lady Carol Dr, Lewisville, TX, 75056

11. Apple

11.1 Notice Regarding Apple.
This Section 11 only applies to the e
xtent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you anGolfTrak only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to
the Services. Apple is not responsible for addressing any claims by you or any third-party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third-partys intellectual property rights. You agree to
comply with any applicable third-party terms when using the Services. Apple and Apples subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby 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.

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