TERMS OF USE AGREEMENT

This Terms of Use Agreement sets forth the standards of use of the Golf Scope Online Community website (“Service”), and Golf Scope Smartphone Application (“Product”). By using the Golf Scope website and/or the Golf Scope application you (“the User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not continue usage of this website, nor download the application. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Golf Scope.com. Your continued use of the Service and Product after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

1. Description of Product and Service

Golf Scope provides the User with a golf community website that includes golf round statistic tracking and analysis and social media services. In addition, Golf Scope allows the User to download the Golf Scope application to a compatible Smartphone to track golf statistics, provide golf course distances and other features related to playing a round of golf.

To utilize both Golf Scope’s Product and Service, Users must provide (1) all equipment necessary for their own Internet connection, including computer and modem, (2) provide cell phone service including data services and (3) pay any fees related with such connections and services to the individual carriers. Some Golf Scope applications provide a mobile application for free. Please be aware that a User’s normal carrier’s rates and fees, such as text messaging fees, will apply. The user is responsible for any additional charges that may be incurred through the User’s carrier.

In the event you change or deactivate your mobile service, Users are responsible for updating or canceling all account information on the Golf Scope website within 14 days to ensure proper communication and billing.

2. Corporate Contact

The User agrees to allow Golf Scope to send information regarding the Product and Service from time to time. This information may be of a corporate, promotional, third-party advertising, or product nature. Golf Scope may contact the User via email, billing address, the Golf Scope smartphone application or through member contact on the Service website. At any time the User may opt out of receiving such information by following the specified procedure to opt-out, unsubscribe or block an application or email: contact@golfscope.com.

3. Disclaimer of Warranties

The Service and Product are provided by Golf Scope on an ‘as is’ and on an ‘as available’ basis. To the fullest extent permitted by applicable law, Golf Scope makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service and Product in terms of its correctness, accuracy, reliability, or otherwise. Golf Scope shall have no liability for any interruptions in the use of the Product or Service. Golf Scope disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

Golf Scope does not warrant that its Product or Service will operate error-free or that its application, website and server are free of computer viruses and other harmful goods. If the User’s use of Golf Scope Product or Service results in the need for servicing or replacing equipment or data, Golf Scope is not responsible for those costs.

4. Limitation of Liability

Golf Scope SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Golf Scope SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Golf Scope HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

5. Indemnification

Users agree to indemnify and hold Golf Scope, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by a User, or other User of the Service using a Golf Scope membership privilege, of any intellectual property or any other right of any person or entity.

6. Rules & Responsibilities

Users agree to not use the Service to: (i) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a Golf Scope official, forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (v) upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or (x) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. Golf Scope shall have the right, but not the obligation, to monitor the content of the Golf Scope website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Golf Scope and to satisfy any law, regulation or authorized government request. Golf Scope shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Golf Scope website.

7. Modifications and Interruption to Service or Product

Golf Scope reserves the right to modify or discontinue the Service and Product with or without notice to a User. Golf Scope shall not be liable to a User or any third party should Golf Scope exercise its right to modify or discontinue the Service, Product, or any of the Product Features at any time. Member acknowledges and accepts that Golf Scope does not guarantee continuous, uninterrupted or secure access to our website or product and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Users acknowledge that Golf Scope is not responsible for the availability of, or the content located on or through, any third-party site. Users should contact the site administrator or webmaster for those third-party sites if Users have any concerns regarding such links or the content located on such sites. Use of third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. Golf Scope encourages all Users to review terms of use and privacy policies of third-parties sites.

Any dealings with advertisers found on the Golf Scope site are solely between the User and that advertiser. Golf Scope shall not be responsible for, or liable for, any losses or damages that occur in any dealing Users may have with any advertisers on the website. Users agree to assume the sole risk in dealing with any of said advertisers.

9. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Golf Scope makes every effort to ensure that the information on its website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website. Any reliance on representations and warranties provided by any Vendor shall be at a User’s own risk.

10. Governing Jurisdiction of the Courts of Arizona

Our website is operated and provided in the State of Arizona. As such, we are subject to the laws of the State Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Arizona.

11. Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

12. Copyright and Trademark Information

All content included or available in the Golf Scope product application and website including site design, text, graphics, golf course data/layout, interfaces, and the selection and arrangements thereof is the property of Golf Scope and/or third parties protected by intellectual property rights. Any use of materials on the website or application, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Golf Scope is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy Golf Scope web pages or the content contained therein without prior written permission of an authorized officer of Golf Scope. Golf Scope is a registered trademark of Golf Scope, Inc. Golf Scope’s trademarks may not be used in connection with any product or service that is not provided by Golf Scope, nor is it to be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Golf Scope. All other trademarks displayed on Golf Scope’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Golf Scope.

13. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Golf Scope, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

14. Golf Scope Privacy Policy

Golf Scope, Inc. is committed to respecting your privacy and recognizing your need for appropriate protection and management of Personally Identifiable Information you share with us. The purpose of this privacy policy is to explain the types of Personally Identifiable Information or Non-Personally Identifiable Information Golf Scope obtains about visitors to our Site, how the information is obtained, how it is used, and the choices you have regarding our use of, and your ability to review and correct, the information.

A. What Information We Collect
The information we collect on our application and our Site generally falls into the following two categories: Personally Identifiable Information and Non-Personally Identifiable Information.

B. Personally Identifiable Information:
This refers to information that lets us know the specifics of who you are. The Personally Identifiable Information we collect when you use our Site or register and download our application may include your name, mailing address, phone number, e-mail address, company name, login name, passwords, job title and more. This is accessible in your Golf Scope profile area of the site. We request Personally Identifiable Information when you register for our application, correspond with us, complete our questionnaire and/or request sales information. It is clear when you are on a part of our Site that requires personal information, because we will ask you for it and you will need to complete a form or e-mail.

C. Non-Personally Identifiable Information:
This refers to information that does not by itself identify a specific individual. The non-personally identifiable data we collect when you visit the Golf ScopeSite may include the Uniform Resource Locator (“URL”) of the website that you came from before visiting our Site, which pages you visit on our Site, which URL you go to next, which browser you used to come to our Site, your Internet Protocol (“IP”) address, and any search terms entered on our Site. This Statement also contains more information about how we use cookies and other technology to collect this data.

We do not connect the Personally Identifiable Information and Non-Personally Identifiable Information we collect on our Site.

D. Why We Collect Information
Our primary goals in collecting information are to provide customers with superior service and to provide all visitors a smooth, efficient, and personalized experience while using our Site. We use Non-Personally Identifiable Information on an aggregated basis to analyze customer behavior to help us understand how visitors use our Site and to measure interest in the various pages. We use this information to improve the content of our Site, to make our Site easier to use, and to customize our news distribution, advertising and promotion.

E. How We Collect Information
Our web servers may automatically recognize a visitor’s domain name (such as .com, .edu, etc.), the web page from which a visitor enters our site, which pages a visitor visits on our site, and on some sites, how much time a visitor spends on each page. This information does not reveal a visitor’s identity. We aggregate this information and use it to evaluate and improve our Sites. There may be times, such as requesting sales information, at which we ask you to provide certain information about yourself, such as your name, street address, telephone number, e-mail address, title, etc. Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to certain services, offers, and content on our Site and in our application.

F. Our Use of Information
We use the Personally Identifiable Information you provide for internal business operations and to respond to your support requests in a timely fashion. From time to time we might establish a business relationship with other persons or entities that we deem trustworthy and whose privacy policies are consistent with ours. In such cases we might share information, including Personally Identifiable Information about you, that will enable such persons or entities to contact you regarding products and services that may be of interest to you.

Although unlikely, in certain instances we may be required to provide Personally Identifiable Information in response to a court order, subpoena, or government investigation. We also reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may release certain Personally Identifiable Information when we believe that such release is reasonably necessary to enforce or apply our Terms and Conditions or to protect the rights, property, and safety of others and ourselves.

G. Cookies
Our website uses “cookies.” A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to remind us of who you are to tailor our products and services. Most browsers automatically accept cookies, but you can usually refuse cookies, or selectively accept certain cookies, by adjusting the preferences in your browser. If you turn off cookies, though, there may be some features of our Site that will not be available to you and some Web pages may not display properly. You can find information on how you can control cookies and periodically delete collected cookies from popular search engines or through your computer manufacturer.

H. Protecting Your Information
We use sophisticated encryption and authentication tools to protect the security of your personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems.

We urge you to keep any password(s) used in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.

I. Links to Third-Party Sites
Our Site may contain links to web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked sites may be different from our privacy policy. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on such site.

J. Policy Changes
To improve the Product and Services we offer you, Golf Scope may opt to expand its capabilities for obtaining information about users in the future. Golf Scope reserves the right, at any time, to modify, alter, or update our Privacy Policy agreement without prior notice. Modifications shall become effective immediately upon being posted in our application or on the Site. Your continued use of the Service and Product after Policy changes are posted constitutes an acknowledgement and acceptance of our Policy and its modifications. We will post changes here so that you will always know what information we collect online, how we use it, and what choices you have. Please be sure to completely read our Privacy Policy before using our Site or application.

K. Your Feedback
To help us improve our Privacy Policy and practice, please give us your feedback. You may email us contact@golfscope.com.

If you don’t agree to the terms contained in this User Agreement and Privacy Policy, you must immediately exit the Service.

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