Trophy Golf LLC Terms and Conditions

Please review these Terms and Conditions of Use (the “Terms”) carefully as they apply when Users view, use, or make purchases through the Company Services. By accessing or using the Services, you signify your agreement to these Terms. If you do not agree to these Terms then you may not access or use the Company Services. These Terms include the Company’s Privacy Policy, which is incorporated by reference herein. The Company may update, change, or modify the Terms at any time, under its sole discretion. In the event that there are any material changes to the Terms, Users will be notified with a one (1) month notice prior to the effective date of the new terms. It shall be posted on the Company Services and on the Company mobile application if applicable. The effective date shall be posted at the end of each set of Terms. Users agree that the continued access and use of the Company Services, after the effective date, warrants their acceptance to the modifications.

The Company grants Users permission to use the Company Services subject to the restrictions set out herein. Use of the Company Services is at the User’s own risk, including the risk of exposure to offensive, indecent, inaccurate, objectionable, or otherwise inappropriate content.

Eligibility

Users must be 18 years old, or older, and have the requisite power and authority to accept these Terms in order to use the Company Services. If one is under 18 years of age, such person is prohibited from using the Company Services. People, businesses, or otherwise may not access the Company Services if they are a known or unknown competitior, or if they have previously been banned from the Company Services. If you are using the Company Services on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of such organization, have the requisite authority to bind the organization to the Terms, and agree to be bound by these Terms on behalf of such company, entity, or organization.

Intellectual Property

The Company owns all intellectual property connected to the Company Services, including but not limited to, its website, mobile applications, or otherwise. This shall include all graphic design, website design, logo, application development, interactive features, compilation, technological code, software, Company hardware, visual interfaces, and any method of compiling or analyzing User content. This shall be considered the Company’s intellectual property, which is protected worldwide by copyrights, trademarks, trade secrets, and any other applicable intellectual property rights. These rights shall apply to property now existing or created in the future by the Company. Users may not copy, reproduce, republish, download, store, or transmit any of the Company’s content on the Company Services. Unauthorized use may violate copyright, trademark, and communication regulations.

The Company shall be able to use any ideas or suggestions made by Users in their Company Services, if the Company chooses to do so. User is not entitled to any renumeration of any kind, under any circumstances, for such information. Any submitted suggestions shall provide the Company with ownership and any intellectual property rights arising therefrom to the fullest extent permitted by law. The Company shall be entitled to unrestrictive use of such information.

World Handicap SystemTM, WHSTM, Handicap Index®, Score DifferentialTM, Low Handicap IndexTM, Course HandicapTM, Playing HandicapTM, Course RatingTM, Bogey RatingTM, Slope and Slope RatingTM are registered trademarks of the United States Golf Association® (“USGA”). The Company is licensed to use the World Handicap SystemTM and the trademarks listed herein. Users may not copy, reproduce, republish, download, store, or transmit any of USGA’s content on the Company Services. Unauthorized use may violate copyright, trademark, and communication regulations.

Privacy Policy

By using the Company Services, including the website and mobile application, Users agree to the Company’s Privacy Policy.

Prohibited Conduct

User hereby agrees, while using the Company Services, not to commit any of the following actions: (a) upload content or information that could damage, disable, overburden, or impair any of the Company’s servers or networks, including but not limited to material that acts as a passive or active information collection or transmission mechanism; (b) attempt to gain any unauthorized access to other Users’ account, Company computer networkers, systems or infrastructure, by any means; (c) attempt to gain access to other Users’ accounts, for any reason; (d) use data mining, robots, or other data gathering devices on or through the Company Services; (e) frame or link to the Company Services without express permission; (f) attempt in any way to reverse engineer, decompile, interrupt, or disassemble, any part of the Company Services or security features; (g) modify, distribute, reproduce, copy, adapt, or create any derivative work in any way, of the Company Services; (h) in any way restrict other Users or persons from gaining access or creating accounts on the Company Services; (i) use any technology or tool that automatically retrieves, alters, or combined the Company’s content or Services; (j) reverse engineer any content, Services, website, or application of the Company and its Users; (k) breach Company rights regarding intellectual property rights or otherwise; (l) use the Company Services or content to transmit any computer viruses, Trojan horses, worms, or otherwise, that could potentially cause any damage to software, hardware of Users or the Company; (m) use the Company Services as part of any effort to compete with the Company; (n) use the Company Services and content for any revenue-generating endeavor or commercial enterprise.

Third Party Sites, Social Media, and Embedded Content

Company Services may contain links and embedded content from third party websites as well as services not operated by the Company. The Company does not control these services. Linked sites may be provided as a service for Users, and does not imply any endorsement of the activities or content or these sites, not any association with its operators. Users assume any and all risks, known or unknown, now existing or existing in the future, by following a link to a linked site.

Limited Liability and Disclaimers

The following applies to the maximum extent permitted under law. User rights are not limited beyond those they are rightfully entitled to. By using the Company Services, Users hereby agree to the following Terms. If a User is uncertain of any of the following, it is suggested they consult a legal professional. (a) the Company provides Company Services on an “as is” and “as available” basis. The Company does not guarantee that the Company Services will be available in any location for any User, or that the Company Services will always be available at any given time. The Company does not warrant the Company Services will be interrupted, timely, error-free, or secure. Furthermore, it does not warrant that any defects will be corrected. The Company does not guarantee that its website or applications will be free from viruses or other harmful components. (b) The Company makes every effort to keep its Company Services, content, website, and applications secure. The Company accepts no liability for any loss, disruption, or damage incurred by Users to its data, computer, or software, that is a result of unauthorized access by any person who has caused a loss due to any data breach or hacking, even if such breach or hack was the mistake of the Company. Users are responsible for taking their own precautions to ensure the electronic process employed for accessing Company Services, website, or application, does not expose them to the risk of viruses, malicious computer code, Trojan horses, worms, or otherwise, that may interfere, infect, or damage their computers, software, or data. The Company has taken precautions to prevent any malfunction, however User hereby agrees to accept full liability for any loss, of any kind, should they occur. (c) The Company may make software updates to the Company Services at any given time. In order to use the Company Services, Users may be obligated to download the updated version of the Company Services. The Company may choose to make downloading the updated version a prerequisite to continued use of the Company Services. However, the Company makes no guarantees that any subsequent version of the Company Services will work on the Users devices. The Company is expressly not liable for any loss incurred due to Users inability to use Company Services due to the inability to use an updated version of the Company Services on their devices. (d) The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Company Services, hyperlinks, website, or any of its applications. Users agree to hold third parties solely liable for any and all claims regarding such transactions with third parties. Any products or services purchased or otherwise acquired by a third party, are separate legal transactions solely between Users and the relevant third party, and in no way involve the Company. (e) Users assume any and all risk associated with the Company Services, including the website or mobile application. The Company, its parents, subsidiaries, affiliates, owners, directors, officers, employees, licensors, distributors, subcontractors, sub-licensees, independent contractors, and agents (“Company Parties”) shall not be liable for any direct, indirect, incidental, consequential, punitive, or exemplary damages or losses of any kind. These include, without limitation, loss of profits, business, goodwill, use, data, or other intangible losses, whether based in contract, tort, negligence, strict liability, or otherwise, which may be incurred in connection with the use, or inability to use, Company Services, including interruption, inaccuracy, error, or omission. (f) The Company expressly disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement, warranties of title and accuracy, warranties regarding products and services offered by all businesses listed on the Company Services, and warranties in the course of dealing, performance or usage of trade. (g) The Company is using the USGA’s Application Programming Interface (“API”) to post scores on behalf of Users that will effect their handicap. The Company shall not be liable for any damages or losses incurred in connection with use of USGA’s API, including but not limited to, inaccurate scoring or calculation of User’s handicap.

Independent Relationship

Users fully understand and accept in no way do these Terms, Company Services, or otherwise, create a joint venture, agency, partnership, or employment relationship with the Company. The Company is not liable for any financial or other loss of Users in any way, on any transaction, under any circumstances. Users accept use of the Company’s Services often involves financial exchange, both on and off of the Company Services, and the Company shall bear no liability or responsibility, therefore.

Arbitration, Class Waiver, Severability, and Other Restrictions

To the fullest extent permitted by law, all claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of Washington. The arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in commercial arbitration and shall include a written record of the arbitration hearing. To the fullest extent permitted by law, arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between Users and the Company alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms, and without waiving either party’s right of appeal, if any portion of this Class Action Waiver provision is deemed invalid or unenforceable, then the entire Arbitration Provision shall sever and continue.

The Company’s failure to exercise, delay in exercising, any privilege, any power or any rights hereunder will not operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Indemnification

Users agree to indemnify, defend, and hold harmless, the Company and Company Parties, from and against all claims, injuries, damages, obligations, losses, lawsuits, attorneys’ fees, legal fees, or filing fees from any and all claims or demands made by any party related to Users’ use of Company Services, including the website and mobile application. The Company reserves the right to execute the exclusive defense of any issues arising out of such indemnification. Users are expressly prohibited from settling such claims without the prior written consent of the Company.

Jurisdiction

These Terms, and any dispute legal or otherwise arising from its implementation, shall be deemed to have been made in, and shall be construed pursuant to the laws of the state of Washington and the United States of America. If any party brings a claim, parties hereby submit and consent to the personal and exclusive jurisdiction of the state of Washington.

Exclusivity

These Terms are the complete and exclusive statement and the mutual understanding of Users and the Company. These Terms supersede and cancel all previous written and oral agreements and communications relating to the subject matter of these Terms. Any waiver or amendments shall be effective only if made in writing and signed by an agent of the Company authorized to do so.

Termination

If a User breaches the Terms, or any part of the Terms, in any way, then the Company may take action up to, and including, suspending Users’ access to the Company Services or prohibiting them from accessing the Company Services, including the website and mobile application. The Company may take these actions without liability or notice to you. If a User’s account is terminated due to a breach of the Terms, Users will not be entitled to any refund of any kind, and are not entitled to any data or information stored in the User’s account. Furthermore, users can be barred from any future use of the Company Services. The Company reserves the right to modify our Company Services at any time and likewise reserves the right to stop providing all or portions of our Company Services at any time and shall not be responsible for any loss or harm related to or arising from the Users’ inability to access or use our Company Services.

California Users

Under California Civil Code Section 1789.3, Users of Company Services are entitled to contact information for the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs (“Consumer Affairs”). Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by phone at (916) 445-1254 or (800) 952-5210.

Contact Us

If you have any questions or if you would like to contact us about our Terms, please contact us by any of the methods below. When you contact us, we will ask you to verify your identity.

Contact name: Data Officer Email: [email protected] Last updated: November 30, 2023