Skill Shot Terms of Service Last Updated: 3/7/2024 Skill Shot, LLC (“we, us, our, ours, etc.”) is the owner and operator of www.skillshotgolf.com and any affiliated websites, related mobile versions, mobile applications, and all services provided thereon (“Skill Shot”). We are the owner of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on Skill Shot (“Materials”). These Terms of Service constitute a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to your access to and use of Skill Shot. By accessing or using Skill Shot, you accept and agree to our website policies, including these Terms of Service, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms of Service, (c) you are using Skill Shot freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness. According to our Contest Rules (“Contest Rules”) and the information listed on Skill Shot at the time you enter the Contest, we permit users to exchange virtual tokens (“Tokens”) for the opportunity to participate in real-life hole-in-one golf contests (“Contests”) which award pre- announced cash prizes (“Prizes”) at designated holes (“Holes”) on specific golf courses throughout the United States (“Courses”). From time to time, we may permit users in any state to obtain Tokens for free by engaging in a qualifying activity, and we may permit users that do not reside in Arizona, Arkansas, Connecticut, Delaware, Florida, Louisiana, Maryland, Montana, South Carolina, South Dakota, or Tennessee (“Excluded States”) to purchase Tokens. We reserve the right to revise these Terms of Service at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Service, we will change the “Last Updated” date at the top of these Terms of Service. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Service, then you may presume that nothing in these Terms of Service has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Service in their entirety. You must agree to any updated Terms of Service or immediately cease use of Skill Shot. If you fail to review these Terms of Service as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.  We are not a gambling service, we do not take or place illegal bets, and we do not recommend or encourage illegal gambling. Instead, we offer entertaining skill-based golf contests which do not trigger the prohibitions imposed by state and federal gambling laws. Gambling, whether in-person or online, is not legal in all areas. If you seek information regarding any illegal activity, you must leave Skill Shot immediately. You agree not to use Skill Shot if doing so would violate the laws of your state, province, or country. Please consult with your local authorities or legal advisors before participating in online gaming of any kind. It is your sole and absolute responsibility to comply with all applicable laws, and you assume all risk in using Skill Shot. Nothing published on Skill Shot shall be construed as legal advice on any issue. You assume all risk and responsibility for your access to and use of Skill Shot. We bear no responsibility for your access to or use of Skill Shot in connection with illegal gambling activities, and we do not condone illegal gambling. You understand and agree that Skill Shot is for entertainment purposes only. We make no guarantee that Skill Shot is legal in your jurisdiction. 1. Accounts A. Registration All users may register for a single account on Skill Shot, provided you meet the requirements set forth herein and otherwise abide by these Terms of Service. Please consult our Contest Rules for information on purchasing Tokens, obtaining free Tokens by engaging in qualifying activities, using Tokens to enter Contests, winning Contests, and withdrawing Prizes. B. Accuracy If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may reject, suspend, or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user. C. No Account Sharing You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons. D. Termination by You You may delete your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, or share your membership to Skill Shot. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due. E. Termination by Us We may suspend or terminate your account, membership, and any licenses herein, at any time, for any reason, in our sole discretion, including if you violate these Terms of Service or if your account becomes inactive for more than nine months. If we terminate your account, you will be responsible for all charges to your account at the time of termination, and any remaining balance of unused Tokens or unwithdrawn Prizes in the account will become non-refundable. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion. 2. Billing and Payments A. Purchases You agree to pay all fees or account charges related to any fees, taxes, charges, purchases, or upgraded features associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement may display our company name, one of our brand names, or our third- party billing agent’s name. You understand and agree that you are responsible for all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due immediately upon cancellation or termination of your account. B. Account Balances You understand and agree that (i) your balance of unused Tokens and unwithdrawn Prizes may not be returned or paid to you if Skill Shot becomes insolvent, (ii) Skill Shot does not pay interest on balances of unused Tokens and unwithdrawn Prizes, and (iii) balances and transactions related to Tokens and Prizes are only reported to you through Skill Shot, and we are under no obligation to issue any other report regarding your account balance or transactions. C. Taxes You shall be responsible for payment of all taxes, and we will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to us may result in termination of these Terms of Service. D. Third-Party Payment Processing We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process all payments associated with Skill Shot. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms. E. Changes to Your Billing and Payment Information You must promptly inform our third-party billing and payment agents of all changes, including changes in your address, debit or credit card, and other banking information used in connection with billing or payments through Skill Shot. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account, along with any additional fees or penalties imposed by our third-party billing or payment agents. F. Chargebacks If you make a purchase on Skill Shot that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback. We reserve the right to withhold or reverse any Prizes generated from purchases of Tokens that resulted in a chargeback or other reversal of payment. G. Changes to Our Billing and Payment Methods We reserve the right to make changes at any time to our fees and billing and payment methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you. H. Refunds You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.           I. Billing and Payment Errors If you believe that you have been erroneously billed for activity associated with your account, or if you believe that we have paid you an insufficient amount for any activity associated with your account, please notify our third-party billing or payment agents immediately of such error. If you do not do so within thirty (30) days after such billing or payment error first appears on any account statement, the fee or payment in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill or payment being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing or payment entities we engage to provide billing or payment services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms of Service. J. Fraudulent Use of Credit Cards We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account. K. Anti-Money Laundering We prohibit and seek to prevent money laundering and the funding of criminal activities. We train our employees to monitor for suspicious transactions on Skill Shot and to review transactions that meet certain thresholds or criteria. We may provide any evidence of such activities by our users (and your personally identifiable information as detailed in our Privacy Policy to financial regulators or law enforcement, as deemed necessary by us. We may prevent you from creating an account, suspend or terminate your account, refuse to process any transaction, or request additional information from you if (1) you provide fraudulent account or payment information, such as impersonating a third party, (2) one or more of your transactions is flagged, or (3) you are on OFAC’s list of Specially Designated Nationals and Blocked Persons or a similar sanctions or terrorism watch list. If you refuse or fail to provide any requested information in a timely manner, we will terminate your account. 3. Grant of Rights You understand that all we are offering you is access to and use Skill Shot and the Materials, as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access or use Skill Shot. All users may access and use certain public areas of Skill Shot, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Skill Shot for private, non-commercial purposes. This free license does not include a license to access or use paid areas of Skill Shot or the Materials therein. If you have purchased Tokens and passed our age verification process or if you have obtained free Tokens by engaging in a qualifying activity, we also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access and use Skill Shot and the Materials, as limited by your purchase of certain premium features. This premium license is for private, non-commercial purposes. We reserve the right to limit the amount of Materials viewed or features available to you. Your license to access and use Skill Shot, the Materials, and certain premium features is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials. We may permit you to submit to, post on, or share with Skill Shot certain evidence, information about your player profile and your participation in the Contests, and other materials (“Content”). Except for personally identifiable information covered under our Privacy Policy, we will consider Content non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of submitting, posting, or sharing the Content with Skill Shot. You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of Skill Shot (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms of Use or our Contest Rules. 4. Acceptable Use Policy A. Prohibited Uses for All Users You agree that you will only use Skill Shot for purposes expressly permitted and contemplated by these Terms of Service. You may not use Skill Shot for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:     use Skill Shot for any purpose other than as offered by us, including in any way that is violative of these Terms of Service, credit card association standards, or any applicable law, regulation, or treaty of any applicable governmental body, including: o laws prohibiting illegal gambling; o intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices; o laws against obscene, lewd, defamatory, or libelous speech; and o laws protecting confidentiality, privacy rights, publicity rights, or data protection.  fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.  link to Skill Shot on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.  use slang, acronyms, abbreviations, emojis, GIFs, or other media to communicate any activity that violates these Terms of Service.  engage in antisocial, disruptive, or destructive behavior, including “doxing,” “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.  access the accounts of other users.  engage in any fraudulent activity, including impersonating any real or fictitious third party, or falsely claiming affiliation with any third party.  engage in platform manipulation, including utilizing bots or other fraudulent means to gain an unfair advantage.  circumvent, disable, damage, or otherwise interfere with the operations of Skill Shot, any user’s enjoyment of Skill Shot, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of Skill Shot, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.  reverse engineer, decompile, disassemble, or otherwise discover the source code of Skill Shot or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.  access or use any automated process (such as a robot, spider, scraper, or similar) to access or use Skill Shot in violation of our robot exclusion headers or to scrape all or a substantial part of the Skill Shot (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).  modify, adapt, translate, or create derivative works based on Skill Shot, except and only if applicable law expressly permits that activity despite this limitation.  commercially exploit or make available, mirror, or frame Skill Shot.  take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.  attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section. Engaging in any Prohibited Use will be considered a breach of these Terms of Service and may result in immediate suspension or termination of the user’s account and access to Skill Shot or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or otherwise violate these Terms of Service or any international, foreign, or domestic laws, including civil, criminal, or injunctive relief, forfeiture of Tokens and Prizes, and termination of your account. B. Reporting User-Generated Content and User Activities If you are aware of any user engaging in activities that violate these Terms of Service, please contact us at support@skillshotgolf.com and provide as much detail as possible, including the name of the individual engaging in suspicious activities, the date and time of identification, the reason we should investigate the activities, and a statement certifying the accuracy of the information you provided to us. C. Law Enforcement We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Service, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request. 5. Dispute Resolution and Damages A. Governing Law and Venue These Terms of Service and all matters arising out of, or otherwise relating to, these Terms of Service shall be governed by the laws of the United States and the state of Illinois, excluding any conflict of law principles. Any and all disputes must be, without exception, resolved in Peoria County, Illinois, and the parties agree to exclusive jurisdiction and venue therein. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, these Terms of Service in any other jurisdiction. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Service whatsoever. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Service. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject matter and may be enforced in any manner provided by law if such enforcement becomes necessary. B. Waivers You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury. C. Rights to Injunctive Relief You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Service, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.   D. Additional Fees If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to (i) collect any damages or any other amount of money from you, (ii) pursue any claim against you involving your use of Skill Shot or any breach of these Terms, or (iii) defend any claim brought by you involving your use of Skill Shot or any alleged breach of these Terms, then you additionally agree that you will reimburse us for all fees, costs, and expenses incurred if we prevail. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs. 6. Disclaimers A. We Disclaim All Warranties We provide access to and use of Skill Shot “as is” and “with all faults.” We make no warranty that Skill Shot will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to or use of Skill Shot will be uninterrupted, timely, secure, error- free, or that loss of Content will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Skill Shot at any time or remove any or all Materials. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Skill Shot or any transaction entered into through Skill Shot. There are no warranties of any kind that extend beyond the face of these Terms of Service or that arise because of course of performance, course of dealing, or usage of trade. B. Use at Your Own Risk You expressly agree that access to and use of Skill Shot is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Skill Shot will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, generally, or Skill Shot, specifically. You understand and agree that any Materials downloaded or otherwise obtained through Skill Shot is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity. C. Third-Party Links Skill Shot may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from all damages and liability that may result from use of third-party links that appear on Skill Shot and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Service or our other policies. We reserve the right to demote or remove any link at any time.   D. Violations of Law Access to and use of Skill Shot in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access and use Skill Shot will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violate any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party. 7. Indemnification You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Skill Shot, or any breach of these Terms of Service by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so. Notwithstanding or limiting the broad nature of the other limitations and indemnifications in these Terms of Service, you specifically acknowledge that we will not be liable to you or to the owners, residents, or visitors of any Course for any issues arising between you and the owners, residents, or visitors of any Course. You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against all claims, actions, loss, liabilities, expenses, costs, or demands related to your use of any Course and any issues arising out of the same. 8. Limitation of Liability You acknowledge that we will not be liable to you for the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Skill Shot including claims relating to the following: Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, illegal gambling, any financial loss not due to our fault, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Skill Shot, unavailability of Skill Shot, its functions and any other technical failure that may result in inaccessibility of Skill Shot, or any claim based on vicarious liability for torts committed by individuals met on or through Skill Shot, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in our favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith. We expressly disclaim any liability or responsibility to you for any of the following:  Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies thereof or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.  Personal injury or property damage of any nature resulting from your access to and use of Skill Shot.  Any third party’s unauthorized access to or alterations of your account, transmissions, data, or Content.  Any interruption or cessation of transmission to or from Skill Shot and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions through Skill Shot.  Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Skill Shot by any third party.  Any incompatibility between Skill Shot and your other services, hardware, or software.  Any claims arising from identification of you based on your Content, regardless of whether you utilize any of our tools to mark certain Content private or block, restrict, or otherwise limit access to your Content in certain geographic locations. 9. Intellectual Property A. Trademarks Skill Shot is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Skill Shot may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us. B. Copyrights The Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in the Materials. You retail all right, title, and interest in the Content, subject to the licenses herein. Skill Shot, the Materials, the Content, are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Service violates our intellectual property rights. 10. Additional Terms for Mobile Users A. Apple Users If you download our Apple mobile application (“Apple App”), the following apply to you:  Both parties acknowledge that these Terms of Service are between you and us only, and not with Apple, and we, not Apple, are solely responsible for Skill Shot and the Materials.  We grant you only a limited, non-transferable license to use the Apple App on any Apple products that you own or control, as permitted by Apple’s Terms of Service, except that the Apple App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.  We are solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in these Terms of Service or as required under applicable law. Both parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.   We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.   Both parties acknowledge that we, not Apple, are responsible for addressing any claims you or any third party bring relating to the Apple App or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Apple App’s use of the HealthKit and HomeKit frameworks. These Terms of Service do not limit our liability to you beyond what is permitted by applicable law.   Both parties acknowledge that, in the event of any third-party claim that the Apple App or the your possession and/or use thereof infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.   You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.   You may send questions, complaints, and claims related to the Apple App to: Skill Shot, LLC 124 E. Fort St., Farmington, IL 61531 support@skillshotgolf.com  You must comply with applicable third-party terms of agreement when using the Apple App.  Both parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof. B. Google Users If you access or use Skill Shot through the Google Play Store, you agree to the following additional Terms of Service required by Google: https://play.google.com/intl/en_us/about/play- terms.html.   11. General A. Entire Agreement These Terms of Service and any other legal notice or agreement published by us on Skill Shot, form the entire agreement between you and us concerning your use of Skill Shot. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Skill Shot. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in any proceedings based on or relating to these Terms of Service. Such version of these Terms of Service shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form. B. Policies of Our Service Providers You understand and agree that we may use certain third-party service providers to provide you with access to and use of Skill Shot. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern. C. Assignment and Delegation We may assign any rights or delegate any performance under these Terms of Service without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void. D. Severability If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable. E. Cumulative Remedies All rights and remedies provided in these Terms of Service are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise. F. Successors and Assigns These Terms of Service inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Service. G. Force Majeure We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors. H. Notices Any notice required to be given by us under these Terms of Service may be provided by email to a functioning email address of the party to be noticed, by a general posting on Skill Shot, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at support@skillshotgolf.com unless otherwise specified in these Terms of Service. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Service. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service. I. Communications are Not Private We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Skill Shot may be read by us and our moderators and other agents, regardless of whether we are intended recipients of such messages. J. Authorization and Permission to Send Emails to You You authorize us to email you notices, advertisements, and other communications. You understand and agree that such communications may contain information about skills games which is not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law. K. Consideration We allow you to access and use Skill Shot, as limited by purchase of certain premium features, in consideration for your acquiescence to all the provisions in these Terms of Service. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Skill Shot. L. Electronic Signatures You agree to be bound by any affirmation, assent, or agreement you transmit through Skill Shot. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.   M. English Language We have written these Terms of Service and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Service as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Service. In the event that you choose to translate these Terms of Service, you do so at your own risk, as only the English language version is binding. N. Export Control You understand and acknowledge that the software elements of Skill Shot may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities. O. No Agency Relationship Nothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. P. Usages In these Terms of Service, unless otherwise stated or the context otherwise requires, the following usages will apply:  References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.  In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”  References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.  “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.  “Including” means “including, but not limited to.” Q. No Waiver No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Service. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from these Terms of Service. R. Headings All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of these Terms of Service. S. Other Jurisdictions/Foreign Law We make no representation that Skill Shot is appropriate or available for use in all locations. You may not access or use Skill Shot from territories where its contents may be illegal or are otherwise prohibited. Those who choose to access and use Skill Shot from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Service shall be interpreted as an admission that that we are subject to the laws of any nation besides the United States. T. Service Not Available in Some Areas You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access and use Skill Shot. Skill Shot IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Skill Shot while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered on Skill Shot, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of Skill Shot in any jurisdiction.