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Terms of Service and Application End User License Agreement

TROON REWARDS TERMS OF SERVICE AND APPLICATION END USER LICENSE AGREEMENT
Date of Last Revision: December 24, 2020

IMPORTANT – READ THIS AGREEMENT

This TROON REWARDS TERMS OF SERVICE AND APPLICATION END USER LICENSE AGREEMENT (the “Agreement”) is a binding agreement between Troon Golf, LLC, and its affiliates and subsidiaries (“Troon”) and you.

IN ADDITION TO TROON’S TERMS OF SERVICE AND ANY PROGRAM TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THIS AGREEMENT THE EARLIER OF YOU EITHER (1) DOWNLOADING A COPY OF THE TROON REWARDS MOBLE APPLICATION (THE “APPLICATION”) ON YOUR DEVICE OR (2) REGISTERING FOR A TROON REWARDS ACCOUNT ONLINE.

IF YOU DO NOT AGREE TO THE TERMS AND LIMITATIONS OF THE AGREEMENT, YOU MAY NOT PARTICIPATE IN THE TROON REWARDS PROGRAM OR USE OR INSTALL THE APPLICATION.

A copy of this Agreement can be found at https://www.troon.com/terms-of-service-eula/. Otherwise, you can delete this notice]. From time to time, Troon may change the terms in the Agreement. When the terms are changed, Troon will post a notice online or on the application. The changes also will appear in this document, which you can access at any time through https://www.troon.com/terms-of-service-eula/.

Troon is licensing the Application, Rewards Program (defined below) and all related content contained on the Application or Troon’s website related to the Rewards Program (“Troon Content”) to you on the following terms and conditions:

1. GRANT OF LICENSE. In consideration for the business and brand loyalty benefits realized by Troon, Troon grants you a personal, limited, revocable, non-assignable, non-exclusive right to install, and use the Application and to access and use Troon’s web and mobile-based customer rewards program (the “Rewards Program”) and Troon Content under the terms and limitations of the Agreement.

2. REWARDS PROGRAM
a. TROON REWARDS: Troon shall provide the reward features and benefits under the program-specific additional terms and conditions provided at: https://www.troon.com/troon-golf-rewards-program/troon-rewards-terms/.
b. TROON REWARDS PLUS: Troon offers an enhance tier of rewards named Troon Rewards Plus on a subscription basis, wherein Troon shall provide the reward features and benefits under the program-specific additional terms and conditions provided at: https://www.troon.com/troon-golf-rewards-program/rewards-plus-terms-conditions/. You may subscribe to Troon Rewards Plus on a monthly or annual basis (the “Subscription Term”).
c. Troon may change the Application, Troon Content, and the features and benefits of the Rewards Program at any time in its sole discretion.

3. SERVICE FEE.
a. TROON REWARDS: There is no service fee for your use of the basic Troon Rewards Program.
b. TROON REWARDS PLUS: Troon offers Troon Rewards Plus on a subscription basis. The current Troon Rewards Plus subscription fee for the given subscription period is provided at: https://www.troon.com/troon-golf-rewards-program/rewards-plus-terms-conditions/. When you subscribe for Troon Rewards Plus, you agree to pay the then-current subscription fee for the Subscription Term in advance. You agree that your Subscription Term will automatically renew at the end of the then-current Subscription Term for the same term duration and your credit card or other provided payment method will be charged in advance for the next Subscription Term.

4. PERSONAL INFORMATION. A description of what personal information Troon collects and how Troon uses that personal information is provided in Troon’s Privacy Policy available at: https://www.troon.com/privacy-policy.

5. OWNERSHIP. The Application and Troon Content may also be protected under federal copyright and other intellectual property laws. Unauthorized copying or use of the Application or Troon Content beyond the scope of the Agreement is expressly forbidden. You may be held legally responsible for any copyright infringement or infringement of any other intellectual property right that is caused or encouraged by your failure to abide by the terms and conditions of the Agreement. The Agreement is NOT a sale of the Application or Troon Content. Troon retains all ownership and rights in the Application and Troon Content, and other than expressly provided herein, you shall no other right or interest in or to the Application or Troon Content.

6. USE RESTRICTIONS. You represent and warrant you will not:
• use the Rewards Program or Troon Content in any way that is prohibited by this Agreement or any of the applicable terms and conditions;
• sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application or Troon Content without Troon’s express written consent except as otherwise provided herein;
• modify or make derivative works based upon the Application or Troon Content;
• reverse engineer or use the Application or Troon Content in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application or Troon Content, or (c) copy any ideas, features, functions or graphics of the Application or Troon Content;
• use the Application or Troon Content in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Application or Troon’s website;
• transmit, share or otherwise make available to the Application or Troon’s website any material that contains viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Application or Troon’s website, hardware or telecommunications equipment; or
• transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

7. TRANSFER RESTRICTIONS. You may not transfer, assign, sell, or otherwise dispose of this license to any third party.

8. FEDERAL AND STATE LAWS. When using the Application or Troon Content, you represent and warrant you will obey and comply with all applicable federal, state and local laws.

9. TERM AND TERMINATION. The term of this Agreement shall begin on the earlier of you either (1) downloading a copy of the Application on your device, or (2) registering for a Troon Rewards account online. Troon may terminate your license to the Application or Troon Content upon your breach of this EULA. Troon may provide you an opportunity to cure such breach prior to termination in its sole discretion, but has the right to terminate the agreement immediately for any material breach of this Agreement. You may log into your account and terminate your subscription at any time. If you terminate your subscription for any reason, you will not receive any refund for any subscription fees already paid to Troon and your account will remain active for the remainder of the then-current paid up Subscription Term.

10. COPY RESTRICTIONS. You may make one copy of the Troon Content either digitally or on physical media solely for backup purposes or your personal, non-commercial use. The copy automatically becomes the property of Troon and is subject to the Agreement.

11. SUPPORT POLICY. Please contact Troon’s customer service or support department for assistance with maintaining or helping you to use the Application or Rewards Program. Customer support consists of published documentation, software updates, and online support.

12. DISCLAIMER. THE APPLICATION AND REWARDS PROGRAM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APPLICATION, TROON’S WEBSITE, OR THE REWARDS PROGRAM. TO THE FULLEST EXTENT ALLOWED BY LAW, TROON DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TROON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, TROON’S WEBSITE, OR THE REWARDS PROGRAM. TROON DOES NOT WARRANT THAT THE APPLICATION, TROON’S WEBSITE, OR THE REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION, TROON’S WEBSITE, OR THE REWARDS PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY TROON, ITS AGENTS, OR EMPLOYEES SHALL CREATE ANY OTHER WARRANTY OR INCREASE IN ANY WAY THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE.

13. LIMITATION ON LIABILITY. TROON’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TROON OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION, TROON’S WEBSITE, OR THE REWARDS PROGRAM. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. TROON’S AGGREGATE LIABILITY TO YOU FOR ANY REASON SHALL NOT EXCEED THE FEES YOU HAVE PAID TO TROON FOR THE APPLICATION, TROON’S WEBSITE, OR THE REWARDS PROGRAM WITHIN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT OR ACTION ASSERTED AS SUBJECTING TROON TO LIABILITY.

14. INDEMNITY. You agree to indemnify, defend, and hold harmless Troon, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Application or Troon Content, your violation of this Agreement, or the infringement of any intellectual property or other right of any person or entity through your use or the use of any other user using the Application or Troon Content under your license. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

15. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect and the unenforceable provision shall be modified to best reflect the parties’ intention within the bounds of the law. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

16. CHANGE OF CONTROL. In the event of a change of control of Troon or the sale of substantially all of Troon’s assets, all rights of Troon hereunder shall be transferable without notice to you.

17. GOVERNING LAW. The Agreement along with the supplemental Site License Agreement shall be interpreted under the laws of the State of Arizona applicable to contracts made in Arizona. Subject to Section 18 below, any dispute arising under these terms and conditions will be resolved exclusively by the State and Federal courts of Maricopa County, Arizona, United States of America, having appropriate jurisdiction.

18. ALTERNATIVE DISPUTE RESOLUTION. If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any controversy or claim arising out of or relating to this contract, or the breach thereof that has not been settled by negotiation or mediation, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

If you have any questions related to the Application, the Rewards Program or this Agreement, please contact through a method provided below.

By Email: Rewards@Troon.com
By Mail:
Troon Rewards
15044 N. Scottsdale Road Ste 300
Scottsdale, AZ 85254
Phone: 480.606.1000