TERMS OF USE

Last Updated: December 20, 2023

Please read these Terms of Use carefully before using the GolfNut App or Website. Apple^® and Google^® are in no way a sponsor of this app or are involved in any way with this app. Introduction Welcome to GolfNut. The GolfNut (the “App“) and the GolfNut Website, www.golfnutapp.com (the “Website”), are comprised of various app screens operated by 10&8 Partners LLC (“Company” or “We” or “”Us”) subject to your agreement to comply with the “Terms of Use” and “Privacy Policy.” Please read them both now and check for future modifications. These Terms of Use (“Terms”) are a legal contract between Company and you and govern your access to and use of: (1) the App, including any content, functionality, and services offered on or through the App, (2) the Website, including any content, functionality, and services offered on or through the Website, and (3) all of the text, data, information, software, graphics, photographs and more (“Materials”) that we and our affiliates may make available to you through use of the Website. These Terms of Use apply equally whether you are a guest or a registered user on the Website. By using the App or Website, you accept and agree to be bound and abide by these Terms of Use as well as our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App or the Website. READ THESE TERMS CAREFULLY BEFORE BROWSING OUR APP OR WEBSITE. USING OUR APP OR WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE OUR APP OR WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. NOTE THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION, WHICH MAY AFFECT YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. Changes We may alter the Materials we offer you and/or choose to modify, suspend, or discontinue any of our services at any time and without notifying you. We may also change, update, add, or remove provisions (“Modifications”) of these Terms of Use from time to time in our sole discretion. Any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the App and/or Website. You are expected to check this page from time to time as you access the App and/or Website so you are aware of any changes, as they are binding on you. Accessing The App/Website and Account Security We reserve the right to withdraw or amend the App and/or Website, and any service or material we provide on the App and/or Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App and/or Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App and/or Website, or the entire App and/or Website, to users, including registered users. You are responsible for both:

• Making all arrangements necessary for you to have access to the App and/or Website.
• Ensuring that all persons who access the App and/or Website through your internet connection are aware of these Terms of Use and comply with them.

To access the App and/or Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the App and/or Website that all the information you provide on the App and/or Website is correct, current, and complete. You agree that all information you provide to register with the App and/or Website or otherwise, including, but not limited to, through the use of any interactive features on the App and/or Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App and/or Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information. You agree that we are not responsible for third-party access to your account that results from theft or misappropriation of your account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Termination/Access Restriction We have the right to refuse or cancel service, terminate accounts, terminate your access to the App or the Website and the related services, or remove or edit content from the App or the Website in our sole discretion, without notice to you. Intellectual Property Rights The App and the Website and their respective contents, features, and functionalities (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the App and/or Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the App or Website, except as follows:

• Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may download a single copy of the App to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the App or Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App or Website.

You must not access or use for any commercial purposes any part of the App or Website or any services or materials available through the App or Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App and/or Website in breach of the Terms of Use, your right to use the App and/or Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or Website or any content on the App or Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App and/or Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Prohibited Uses You may use the App and/or Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App and/or Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App or Website, or which, as determined by us, may harm the Company or users of the App or Website, or expose them to liability.

Additionally, you agree not to:

• Use the App or Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App or Website, including their ability to engage in real time activities through the App or Website.
• Use any robot, spider, or other automatic device, process, or means to access the App or Website for any purpose, including monitoring or copying any of the material on the App or Website.
• Use any manual process to monitor or copy any of the material on the App or Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the App or Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or Website, the server on which the App and Website is stored, or any server, computer, or database connected to the App or Website.
• Attack the App or Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the App or Website.

Participation in Challenges on the App – UPDATE FOR 3^rd Party GIFT CERTS The Company provides challenges to its users, some which require submission of one “Mulligan” to activate/participate in and others which do not require a “Mulligan” to activate. A “Nut” is reward point system and can be in various ways on the App or website. All challenges by Company have specific criteria determined solely by Company and are subject to limitations to which Company deems fit. Challenges, limits, and “Nut” offerings are subject to change at any time, solely at the discretion of Company. In order to win a challenge on the App, a user must submit a video, which is filmed through the App, which must clearly show the user participating in the specifics of the challenge and following all rules of the challenge. If a user submits a video or uses a “Mulligan” to participate in a challenge, the user has no option to dispute the outcome of the challenge. Thus, as soon as the user chooses to participate in a challenge by providing a “Mulligan”, this “Mulligan” will not be returned under any circumstances, and similarly, as soon as a user submits a video to participate in a challenge, the video may be posted and shall become the property of the Company. A user may not dispute the outcomes of any challenges by Company. Rather, by participating in a challenge, you agree to accept the decision of Company and you understand the criteria is not whether or not a challenge has been completed successfully, but whether the Company determines that the video submitted is clear proof establishing the challenge was a success. This means that a user may submit a video within a challenge, and the Company can reject the video even though the user may have succeeded in the challenge merely because the video fell short of 100% clear proof. For example, a user submits a video within a challenge where the user makes a hole-in-one, but the video does not show the ball going into the cup. Company will reject that video, as the video is incomplete in that it does not contain 100% proof of success. The Company has sole discretion to develop challenges and the rules within challenges, including time constraints and distance minimums. It is entirely up to Company to determine if those limits were met in order for a user to succeed in a challenge. Users of the App may have another person film them attempting a challenge. Users of the App may film another person attempting a challenge. Different users of the App may film the same event. If a user completes a challenge successfully, Company will load the respective “Nuts” earned onto all devices of the users who submitted the successful video. Age Requirement If you are under 18, you may use the App only with express permission of a parent or guardian.  Users must be 13 years or older to attempt a challenge within the App. Content The App allows you to post content, including text, images, videos, or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content. All photographs and videos that you submit on the App must be filmed or taken using the App. You are responsible for the content that you post to the App, including its legality, reliability, and appropriateness. All videos filmed with the App are the sole property of the Company to be used, publicly displayed, reproduced, and distributed by the Company in any way the Company chooses. We are not responsible for the content of the users of the App or Website. You expressly understand and agree that you are solely responsible for the content and for all activity that occurs under your account, whether done so by you or any third person using your account. Further, you represent and warrant that the posting of your content on or through the App does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other rights of any person. You may not transmit any content on the App or Website that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any content is appropriate and complies with these Terms of Use, refuse or remove the content. The Company further reserves the right to make formatting and edits and change the manner of any content. The Company can also limit or revoke the use of the App and/or Website if you post objectionable content. As the Company cannot control all content posted by users and/or third parties on the App and/or Website, you agree to use the App/Website at your own risk. You understand that by using the App/Website, you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App or Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. Although regular backups of content are performed, Company does not guarantee there will be no loss or corruption of data. Further, Company is not responsible if while using the App or Website, your photographed, video graphed, or recorded media is lost or affected in any way due to your device receiving a phone or video call, other notification, or issue with your device, device battery, or Internet/service connection. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of content. You acknowledge that the Company has no liability related to the integrity of the content or the failure to successfully restore any lost or damaged content to a usable state. Social Media Features The App and the Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the App or Website.
• Send emails or other communications with certain content, or links to certain content, on the App or Website.
• Cause limited portions of content on the App or Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the App, Website or portions of the App/Website to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on the App or Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. Links From The App or Website If the App or Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the App or Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Changes to the App or Website We may update the content on the App and/or Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App or Website may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the App and/or Website All information we collect on the App or Website is subject to our Privacy Policy. By using the App or Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Electronic Communications You agree that by visiting the App, the Website, or by sending emails to Company, this constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the App or the Website, satisfy any legal requirement that such communications be in writing. Geographic Restrictions We provide the App and Website for use only by persons located in the United States. We make no claims that the App or Website, or any of their respective content is accessible or appropriate outside of the United States. Access to the App or Website may not be legal by certain persons or in certain countries. If you access the App or Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the App or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the App or Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE APP OR WEBSITE, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE APP, THE WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEBSITE IS AT YOUR OWN RISK. THE APP, THE WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, THE WEBSITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR WEBSITE OR THE SERVER OR DEVELOPER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation of Liability COMPANY ASSUMES NO LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON INFORMATION OR CONTENT CONTAINED ON THE APP OR THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE COMPANY IN ANY WAY. COMPANY DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE APP, THE WEBSITE, OR THE INTERNET. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP OR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU HEREBY RELEASE AND HOLD COMPANY, ITS LICENSORS, SUPPLIERS AND PROVIDERS AND ANY THIRD PARTY WHO PROMOTES THE APP OR WEBSITE OR PROVIDES YOU WITH A LINK TO THE SERVICE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP OR WEBSITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Indemnification You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App or the Website, including, but not limited to, your User Contributions, any use of the App or Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App or Website. Governing Law and Jurisdiction All matters relating to the App or Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App or Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Arbitration At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the App or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. Class Action Waiver Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Limitation On Time To File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Waiver And Severability No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Entire Agreement The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the App and the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App and the Website. Your Comments and Concerns This website is operated by 10&8 Partners LLC. All other feedback, comments, requests for technical support, and other communications relating to the App or the Website should be directed to: admin@golfnutapp.com.