GolfNow Terms of Service

Effective date: October 7, 2025

IMPORTANT NOTE: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE SECTION TITLED “RESOLVING DISPUTES BETWEEN YOU AND GOLFNOW,” WHICH REQUIRES THAT CERTAIN DISPUTES BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION AND PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION, AS WELL AS THE SECTIONS TITLED “CLASS ACTION WAIVER” AND “JURY TRIAL WAIVER” WHICH CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER FOR NON-ARBITRABLE DISPUTES.

Welcome to the Terms of Service (the “TOS” or “Terms of Service”) for GolfNow’s websites, software, mobile applications, user interfaces, features, functionalities, recommendations and reviews, content, and other products or online services (including all Content therein, the “GolfNow Services”). The GolfNow Services are made available to you by GolfNow, LLC, its parent company Versant Media, LLC, and their affiliated companies (collectively, including successors & assigns, “GolfNow,” “Versant”, “we,” “us” or “our”). All references to GolfNow, including but not limited to those in Section 7 and 8 of the TOS, include all such entities.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING GOLFNOW SERVICES YOU AGREE TO THESE UPDATES TO OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE GOLFNOW SERVICES.

These TOS, along with any applicable Supplemental Terms, set out the agreement between you and GolfNow regarding how you can use the GolfNow Services, and what responsibilities you and GolfNow have to each other. These TOS contain important information regarding your legal rights. The following Supplemental Terms, which are a part of these TOS, apply to your use of the relevant GolfNow Services:

BY USING THE GOLFNOW SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TOS AND OUR PRIVACY POLICY, which describes our privacy practices in detail and is incorporated herein by reference. Please read them carefully.

1. General.

1.1. Acceptance of the TOS. You may access the GolfNow Services in accordance with the TOS. You represent that you have read, understood, and agree to be bound by these TOS in connection with your access to and/or use of any of the GolfNow Services. If you do not agree to these TOS, you may not access or use the GolfNow Services. By using the GolfNow Services, you will be deemed to have agreed to the TOS.

1.2. Eligibility.

1.2.1. The GolfNow Services are for users who are 18 years of age or older and reside in the United States (including its territories and possessions), or those outside the United States who, to the maximum extent permissible under applicable law, consent to use the GolfNow Services in accordance with U.S. laws and these TOS. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information regarding providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org. We reserve the right to refuse to provide the GolfNow Services to anyone for any reason at any time.

1.2.2. You represent and warrant that you have all necessary rights, power, and authority to agree to these TOS and perform your obligations hereunder, and nothing contained in these TOS or in the performance of such obligations will place you in breach of any other contract or obligation.

1.2.3. By accessing or using the GolfNow Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); and (ii) your access to and use of the GolfNow Services will comply with the United States export control and economic sanctions requirements.

1.3. Supplemental Terms. Supplemental terms and conditions, including but not limited to those listed at the top of this page, may apply to your use of certain aspects or features of the GolfNow Services, such as sweepstakes, subscriptions or online purchases (“Supplemental Terms”). For clarity, the Help Center/FAQs are deemed a set of Supplemental Terms. Any Supplemental Terms are in addition to and deemed part of these TOS and, to the extent there is a conflict between the Supplemental Terms and these TOS, the Supplemental Terms will prevail with respect to such conflict (except that these TOS will control in the event of a conflict with the Help Center/FAQs). If you do not agree to the applicable Supplemental Terms, you may not use the features of the GolfNow Services to which they apply.

1.4. Modifications. YOUR ACCESS TO OR USE THE GOLFNOW SERVICES IS GOVERNED BY THE THEN-CURRENT TOS. We reserve the right, at our sole discretion, to modify these TOS any time by posting the amended TOS here with an updated “Last Updated” date above. If the changes include material changes that require notice under applicable law, we will notify you of the changes by as required by law, which may include, but is not limited to, notification through the GolfNow Services or via email. Your continued access or use of the GolfNow Services after we post changes to these TOS will be deemed acceptance of these TOS as modified, or, if notice is required by law, after such notice to you unless you accept the modified TOS earlier. If you do not agree to the new TOS, you may not use the GolfNow Services. We encourage you to check back here for any such changes from time to time. Customer service representatives are not authorized to modify these Terms of Service or any Supplemental Terms, either verbally or in writing, and any such modifications will have no effect.

1.5. Account Registration. You may be asked to create an account (“Account”) and/or provide registration information in order to access some of the GolfNow Services. You are responsible for providing correct, current and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. The GolfNow Services and any user names or passwords you use to access the GolfNow Services ("Passwords") are for personal use only. You are solely responsible for maintaining the security of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords and/or other security breaches related to the GolfNow Services. You may terminate your account for any reason or no reason, provided that termination of your account may impact your ability to access and use certain GolfNow Services.

1.5.1. GolfID. Your GolfNow Account, which you also may see referred to as a GolfID, will allow you to access various websites and mobile apps that make up the GolfNow Services, including GolfNow, GolfPass, TeeOff, GolfNow Compete, and certain GolfNow-powered golf course mobile apps, and you will use your GolfID to sign in to those GolfNow Services. GolfNow may also provide you with the ability to use your GolfID, or create a GolfID, to sign into certain Third-Party Services (defined below), subject to Section 5 below. When you use your GolfID to sign into a GolfNow Service, these TOS will apply, along with any applicable Supplemental Terms and any additional terms that apply to that GolfNow Service. However, when you use your GolfID to sign into a Third-Party Service, these TOS will apply to your GolfID account, but your use of the Third-Party Service will be governed by the agreements and policies relating to the use of and made available by that Third-Party Service (see Section 5 below for additional details). The availability of GolfID with certain GolfNow Services or Third-Party Services is subject to change without notice at GolfNow’s discretion.

2. Services.

2.1. Availability of Services. We grant you a limited, non-sublicensable, non-transferable license to access and use the GolfNow Services for your personal, non-commercial use only, and only in accordance with these TOS. Except as we specifically agree in writing, no element of the Content may be used or exploited in any way other than as part of the authorized GolfNow Services made available to you. To the extent the GolfNow Services make Content available for download, we grant you the right to download such Content onto the device on which you use the GolfNow Services in compliance with these TOS. We may change, suspend or discontinue any or all of the GolfNow Services, in whole or in part, including any features, products, or functionalities, at any time for any reason without notice or liability to you. We make no representations or warranties about the quality, accuracy, or availability of the GolfNow Services, including, but not limited to blackouts, location or device-based limitations or compatibility, or Content-viewing windows.

2.2. Payment Method. Certain GolfNow Services may require you to provide us with one or more payment methods. Either GolfNow or our payment processors will keep your detailed payment information, such as credit card number and expiration date, on file. You represent and warrant that you are authorized to use the payment method provided (including any updates to that payment method), and you authorize us to charge applicable purchases (plus applicable taxes and fees) to that payment method. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided and that we may retry your payment method following a failed charge attempt. You are responsible for keeping your payment details up-to-date in your account settings. If your payment method details change or are due to expire, then you agree that we may obtain or receive from your payment provider updated payment details including your card number, expiration date, and CVV (or equivalent), and you authorize us to charge your payment method using the updated information. If you do not pay any fees when due (for example, due to credit card expiration or insufficient funds), we may suspend or terminate your purchase or access to the GolfNow Services.

2.2.1. Gift Cards. We may offer gift cards (in digital or physical form) redeemable on certain purchases through the GolfNow Services. The purchase and redemption of gift cards are subject to the Gift Card Terms, which are deemed Supplemental Terms. For more details on GolfNow gift cards, please visit our Gift Cards Support Page.

2.3. GolfPass Points Program. Effective April 25, 2023, all eligible GolfNow Account holders will be automatically enrolled in the GolfPass Points customer loyalty program (“GolfPass Points Program”). Your participation in the GolfPass Points Program, including eligibility and your receipt and/or redemption of GolfPass Points, will at all times be governed by the GolfPass Points Program Terms, which are deemed Supplemental Terms. For more information regarding the GolfPass Points Program, visit our GolfPass Points FAQ’s.

2.4. Promotions. Certain purchases through the GolfNow Services may be offered as part of a promotion, including discounted offerings, third party incentives or as part of a bundle with other products or services offered by us or others (“Promotions”), and the availability and length of any such Promotion may be limited in duration (the “Promotional Period”). You may redeem a particular Promotion according to the rules for that Promotion (and such rules are deemed Supplemental Terms). If you received a Promotion through a third party, additional terms and conditions may apply; please contact the applicable third party for those terms and conditions. We are not responsible for the products and services provided by third parties. Unless we expressly state otherwise in the applicable rules, a particular Promotion can only be redeemed once, cannot be redeemed for cash, and may not be combined with other offers.

2.5. Personalization and Advertising Features. Certain of the GolfNow Services are personalized and ad-supported (including targeted (or personalized) advertising). The personalized recommendations offered as part of the GolfNow Services and targeted advertising enable us to provide you with Content (including recommending relevant Content) and features that may otherwise be unavailable (or difficult to find) to you and are integral to the GolfNow Services and these TOS. The GolfNow Services also analyzes your data to improve the services offered and such continuous improvement is an integral part of the GolfNow Services. By using the GolfNow Services, you are requesting and directing us to provide you with personalized and ad-supported GolfNow Services that process data as described in our Privacy Policy (subject to any choices and rights described therein).

2.6. Wireless Features. The GolfNow Services may offer certain features that are available via a mobile network, such as the ability to receive messages, upload content or download applications to your wireless device (collectively, “Wireless Features”). If you use any Wireless Features, you agree that we may send communications to your device. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless device. Some features of the GolfNow Services may be limited by location or may not function without access to reliable location information, and we will not be liable to you for limitations or restrictions on access to Content without access to location information.

2.7. Devices and Charges. You are solely responsible for obtaining all devices and software, internet connectivity, mobile service, and other services needed for your use of the GolfNow Services, and you will be solely responsible for all charges related to them. Your carrier or internet service provider may charge fees for or restrict certain Wireless Features.

3. Transactions/Bookings.

3.1. Reservations; Bookings. GolfNow may allow you to book tee times or reservations for other services like simulator bays (“Reservations”) at participating third-party golf courses, simulators, driving ranges, or other facilities (“Facility(ies)”) through certain GolfNow Services, including but not limited to GolfNow.com, TeeOff.com, and the GolfNow and TeeOff mobile apps. Reservations completed through the GolfNow Platform will be referred to in these TOS as “Booking(s)”, and the services provided by a Facility relating to a Reservation (for example, the round of golf associated with a tee time, simulator play following a bay reservation, or a club fitting) will be the “Reserved Services”. Each Booking is governed by these TOS and the terms applicable to your Booking/Reservation, including but not limited to that Facility’s Cancellation Policy, which will be presented to you during the checkout process.

3.2. Facility Products and Purchases. In addition to Bookings, GolfNow may also allow you to purchase other products and services from Facilities including, without limitation, food, beverage, range balls, and golf gear/equipment (“Facility Product(s)”) through the GolfNow Services (“Facility Purchase(s)”). The selection and pricing of Facility Products made available for purchase through the GolfNow Services is determined by the applicable Facility, not GolfNow, and each Facility is the merchant for their Facility Products. GolfNow may charge a service fee on Facility Purchases. Each Facility Purchase is governed by these TOS and any terms specific to that Facility Purchase that may be presented to you during the checkout process. Facility Products and Reserved Services shall be collectively referred to in these TOS as “Facility Services”. Facility Purchases and Bookings shall be collectively referred to in these TOS as “Facility Transaction(s)”.

3.3. Delivery. GolfNow does not provide delivery services. To the extent your purchase of Facility Products through the GolfNow Services includes delivery, that delivery is the sole responsibility of the applicable Facility.

3.4. Age-Restricted Products. Certain Facilities may decide to make alcohol or other age-restricted products (collectively, “Age-Restricted Products”) available for purchase through the GolfNow Services. By purchasing Age-Restricted Products, you agree: (x) to comply with all applicable laws relating to those Age-Restricted Products and that you, anyone that you may allow to access those Age-Restricted Products, and anyone that may consume those Age-Restricted Products are of legal age to purchase and consume those Age-Restricted Products in the relevant jurisdiction; (y) that the Facility, and not GolfNow, is the merchant for those Age-Restricted Products and that the Facility, not GolfNow, is responsible for complying with all applicable laws regarding service of the Age-Restricted Products; and (z) you will be required by the Facility to provide valid government-issued identification proving you of legal age. The Facility may, in its sole discretion refuse to serve you the Age-Restricted Products, and in the event of such refusal, your purchase of the Age-Restricted Products will be non-refundable.

3.5. Facilities Are Independent. The relevant GolfNow Services are provided by GolfNow only to connect you with the independent Facilities that provide the Facility Services and to facilitate the Transactions. The Facilities are the retailers of all Facility Services. GolfNow does not own, operate, or control, and is not affiliated with, any of the Facilities or Facility Services made available through the GolfNow Services.

3.6. Availability; Pricing; Information. All Facility Transactions are subject to availability, which is based on information provided to GolfNow by the relevant Facility. GolfNow does not guarantee the availability of particular Facilities, Reservations, or Facility Products, and availability may change over time. Except for Hot Deals tee times and Deal Times tee times, each Facility, and not GolfNow, sets the prices for their Reservations and Facility Products, and GolfNow relies on the Facility for information relating to their Facility, such as images, descriptions, current playing conditions, and restrictions. You agree that GolfNow is not responsible for whether the images, descriptions, current playing conditions, specifications, or other information displayed on the GolfNow Services accurately reflect the Facility Services actually provided by the relevant Facility. In the event of any errors relating to the Facility Services pricing or availability, GolfNow shall have the right to refuse or cancel any Transaction in its sole discretion. If we charged your credit card or other account prior to such cancellation, please contact Customer Support.

3.7. Fulfillment; Support. The applicable Facility, and not GolfNow, is solely responsible for fulfilling each Booking or Third-Party Purchase, providing the relevant Facility Services, and for the compliance with applicable laws or regulations relating to those Facility Services. GolfNow is not responsible for any Facilities or Facility Services, and makes no representations, warranties, or guarantees with respect to any Facilities or Facility Services. In order to complete your Transaction, you agree that GolfNow may share certain information about you, including but not limited to your name, phone number, and email address, with the applicable Facility for the purposes of facilitating the Facility’s fulfillment of your Transaction and allowing the Facility to contact you directly regarding any issues with your Transaction. You agree that any complaints, concerns, or disputes regarding Facility Services or your experience at a Facility shall be directed to the applicable Facility. For customer support specifically relating to the GolfNow Services or the Transaction process, contact GolfNow here.

3.8. Completing Your Transaction; Payment. By completing your Transaction, you agree to these TOS any other terms or policies presented at checkout, including but not limited to Tee Time, Venue, and/or Cancellation policies set by the applicable Facility or by GolfNow, and that you are responsible for any and all charges and fees associated with your Transaction, including but not limited to Greens Fees, Reservation Fees, Convenience Fees, the price of any Facility Products selected, and any applicable taxes. If your Booking contains multiple golfers or group members, you will be responsible for the total charges and fees associated with that number of golfers or group size. You will be immediately charged by GolfNow (or the Facility, where applicable) for any amounts labeled ‘Total Due Now’ at checkout. Any amounts labeled ‘Due at Course’ or ‘Due at Venue’ are payable directly to the Facility upon your arrival for your Reservation. Your receipt of certain rates displayed during the Booking Process (for example, Resident Rates) may be subject to certain restrictions and/or conditioned upon your verification of eligibility (for example, proof of residence), and your failure to meet such requirements may result in additional fees being charged at the Facility. The ‘Estimated Taxes’ displayed during checkout are for estimation purposes only and the applicable taxes you are ultimately charged by either GolfNow or the Facility may differ from the ‘Estimated Taxes’ amount.

3.9. Cancellation; Modification; Refunds; No-Shows.

3.9.1. Hot Deals Reservations. Bookings for Reservations labeled as Hot Deals, Pay Now & Save, or Deal Times (“Hot Deals Reservations”) are fully pre-paid to GolfNow and are subject to the Hot Deals Tee Time Policy and Hot Deals Tee Time Cancellation Policy presented at checkout. You may cancel your Hot Deals Reservation at any time, however you will only be eligible for a refund if: (1) you cancel your Hot Deals Reservation more than 24 hours in advance of the Reservation; (2) the Facility is closed on the day of play (subject to confirmation by the Facility); or (3) you are a GolfPass+ Annual member with at least one of your twelve (12) free Tee Time Cancellations available to use. Cancellations of Hot Deals Reservations made within 24 hours of your Reservation are only refundable if the Facility is closed due to weather on the day of play (subject to confirmation by the Facility). GolfNow may also provide you with the option to purchase Tee Time Protection on your Hot Deals Reservation Booking, which will allow you to cancel your Hot Deals Reservation up to one (1) hour before your Reservation and receive a refund (cancellations within one hour not eligible for refund). Any amounts refunded relating to a Hot Deals Reservation will be made available as credit in your GolfNow account for use on any Hot Deal Reservation which will be valid for up to six months. In the event of a conflict between this Section and the Hot Deals Tee Time Policy or Hot Deals Tee Time Cancellation Policy presented at checkout, the policies presented at checkout shall take precedence.

3.9.2. Standard Reservations. Cancellations and refunds for Bookings of Reservations that are not Hot Deals Reservations (“Standard Reservations”), whether paid at the Facility or pre-paid to the Facility through the GolfNow Services, are subject to the Tee Time Policy and Tee Time Cancellation Policy, or Venue Policy and Venue Cancellation Policy, presented at checkout (“Facility Policies”). The Facility Policies specific to each Facility may vary. The Facility Policies applicable to your Bookings can be found in your Upcoming Reservations page. Once you have arrived at the Facility, please contact the Facility regarding inclement weather, rain checks, or other issues that may arise while you are at the Facility.

3.9.3. No-Shows. Cancellations that do not meet the applicable Cancellation Policy (for example, if the Facility has a 48 hour cancellation policy and you cancel 24 hours ahead of your Reservation), or your failure to show up for your Reservation, may be considered a no-show (“No-Show”). In the event of a No-Show, GolfNow and/or the applicable Facility reserve the right to charge you up to the full amount of your Booking, and any amounts that you pre-paid for that Reservation will not be refunded. GolfNow is not responsible for the decisions or actions of Facilities relating to No-Shows. If your No-Show relates to a Standard Reservation and you would like to dispute the No-Show designation, please contact the Facility.

3.9.4. Modifications. GolfNow may allow you modify an existing Booking to add or remove individuals. Removing individuals from your Booking (for example, reducing your group from 4 players to 3) will be considered a cancellation subject to the applicable Cancellation Policy. Modifications to remove individuals does not comply with the applicable Cancellation Policy may be deemed No-Shows. Modifications to add individuals to an existing Booking are subject to availability of the applicable Reservation, and you are not guaranteed to be offered the same price for which the original Booking was made.

3.9.5. Convenience Fees. Convenience Fees and other service fees (if applicable) are non-refundable except if the Facility is closed on the date of your Reservation and you did not start play.

3.9.6. Non-Refundable Deposits. If the Facility for your Booking requires a Non-Refundable Deposit, that Non-Refundable Deposit will not be eligible for a refund, regardless of whether your Booking, or portions of your Booking other than the Non-Refundable Deposit, would be eligible for a refund under the applicable Cancellation Policy.

3.10. Partial Bookings. Each Reservation offered through the GolfNow Services may be made up of several individual Reservations, the quantity of which may vary. For example, one (1) tee time is made up of four (4) individual players, who each may book separately. When you make a Booking, you may have the option to book the full group of Reservations (for example, all 4 players in a tee time). You acknowledge and agree that if you do not book the full group of Reservations available for your Booking (for example, you only book 2 out of the 4 reservations available for a tee time), you may be paired to play with other individuals who are outside of your group (that may or may not have also booked through GolfNow) and that GolfNow is not responsible for, and is not liable for the actions or inactions of, those individuals or your interactions with those individuals, regardless of whether they also booked through the GolfNow Services.

3.11. Resale. The resale or attempted resale of Reservations/Bookings is prohibited and a violation of these TOS.

3.12. Your Responsibilities. You are responsible and liable for your own acts and omissions with respect to Bookings and your use of the Facility Services related to your Bookings, including your compliance with any policies or rules of the applicable Facility. If you book on behalf of other individuals (for example, you book multiple tee times within one or more Reservations), you are responsible for ensuring that each of those individuals is made aware of and agrees to these TOS.

3.13. Assumption of Risk; Waiver of Liability. You acknowledge and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of (a) your access to and use of the GolfNow Service; (b) your participation in the Facility Services, playing golf, use of Facility Products, or any other activities relating to a Facility; and (3) your interactions with other individuals whether online or in person. In addition to any other obligations you may have under these TOS, you, individually and on behalf of any person participating in your Booking, knowingly and voluntarily release, indemnify and hold harmless GolfNow, its respective directors, officers, parents, subsidiaries, affiliates, agents from any and all claims, demands, causes of action, costs, or expenses (included attorney’s fees), including, without limitation, any losses for property damage, personal injury, or death, arising from or relating in any way to: (a) events occurring at a Facility or involving Facility property; and (b) the use of, or participation in, any Facility Services or other products or services provided by a Facility, by you or any person participating in your Booking.

3.14. GolfPass+ Annual. Certain discounts (for example, GolfPass Member Pricing), benefits (for example, Waived Convenience Fees or Tee Time Protection), promotions, or other aspects of the GolfNow Services may only be offered to paid GolfPass+ Annual subscribers (collectively, “GolfPass Benefits”). To utilize the GolfPass Benefits, you must have an active subscription to a paid GolfPass+ Annual membership at the tier corresponding to the GolfPass Benefits being offered and be logged into GolfNow with the GolfID associated with that GolfPass+ Annual membership. In addition to these TOS, your GolfPass membership and your use of the GolfPass Benefits are subject to the GolfPass Terms of Service. Additional terms and conditions relating to Tee Time Protection can be found here.

3.14.1. GolfPass/Peacock Premium Bundle Offer Terms. For terms and conditions applicable to the GolfPass/Peacock Premium Bundle Offer, please visit https://www.golfpass.com/peacocktv/terms-and-conditions

4. Content.

4.1. GolfNow Content. The GolfNow Services contain or reference material that is owned by us as well as third parties, including but not limited to software, images, videos, text, and audio (collectively, “Content”). As between GolfNow and you, GolfNow owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the GolfNow Services and Content, including as incorporated into User-Generated Content. Except as expressly stated in these TOS, nothing in these TOS shall be deemed to convey to you any right, title or interest in or to the GolfNow Services or Content. To the extent the GolfNow Services include an explicit authorization with respect to certain Content (e.g., the right to repost content on social media), GolfNow hereby grants you a limited, revocable license to post or upload such Content onto your personal social media account(s) without modification and in accordance with the restrictions in these TOS or any other Supplemental Terms associated with such Content. To the extent we authorize you to create, Upload, publicly display or publicly perform User Generated Content that is derived from our Content, we grant you a non-exclusive license to create a derivative work using the specifically referenced Content. You assign to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on third party sites and platforms. If such assignment is invalid, your license to create derivative works using our Content is null and void.

4.2. User-Generated Content. The GolfNow Services may include opportunities for you or others to upload, post, transmit or otherwise distribute (“Upload”) on or through GolfNow Services text, images, audio, video or other content (“User-Generated Content”). You acknowledge and agree that all User-Generated Content you submit, whether publicly posted or privately transmitted, is your sole responsibility. You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User-Generated Content without violation of any third-party rights. Except as may be explicitly requested in connection with particular programs or promotions, GolfNow is not requesting, and is unwilling to review, ideas or materials relating to characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing GolfNow properties or not). Except as expressly set forth in these TOS (such as with respect to Feedback), you shall continue to own all rights in and to your User-Generated Content, except to the extent your User-Generated Content contains or is otherwise derived from materials, content, or elements owned by GolfNow or any of our affiliated companies or partners (e.g., characters or other elements created or owned by us).

4.2.1. License to User-Generated Content. You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers (including to other users of the GolfNow Services), transferable, non-exclusive license to use, reproduce, adapt, prepare derivative works based on, publicly display, publicly perform, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, User-Generated Content (including your name, likeness and voice as it appears in that User-Generated Content) in any manner and any media now known or hereafter developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. You represent and warrant that you own all User-Generated Content or are otherwise authorized to grant the license above.

4.2.2. Use and Distribution of User-Generated Content. You agree that GolfNow may give you attribution for your User-Generated Content, but we are not required to so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in any User-Generated Content against us, our licensees, our representatives or other users.

4.2.3. Public Nature of GolfNow Services. You acknowledge that you Upload any User-Generated Content voluntarily, and have no expectation of privacy or confidentiality with respect to any User-Generated Content you Upload, and that no fiduciary relationship exists between us and you or any other party based on the User-generated Content. Although we may offer you the ability to Upload User-Generated Content anonymously, we may store your account information. Except as required by law, we make no guarantees to remove User-Generated Content from the GolfNow Services or other sites, and we may retain User-Generated Content in our backup files, including after termination of your account. We retain the right to make use of your User-Generated Content in accordance with These Terms of Service even after your User-Generated Content is deleted from the GolfNow Services. You acknowledge that deletion of your User-Generated Content from the GolfNow Services will not result in, and we are not responsible for, the deletion of the User-Generated Content by third parties who previously had access to that User-Generated Content. You assume full responsibility for maintaining backup copies of your User-Generated Content and we assume no responsibility for any loss of your User-Generated Content, for instance, due to its removal by us.

4.2.4. No Responsibility for User-Generated Content. GolfNow is not responsible or liable for any User-Generated Content and we have no obligation to investigate, monitor or correct any User-Generated Content (e.g., for accuracy or completeness) except as provided in Section 3.3. User-Generated Content may not reflect the views of GolfNow and we do not endorse any User-Generated Content that you or other users Upload. You understand that by using the GolfNow Services, you may be exposed to User-Generated Content that you may consider to be offensive or objectionable. You acknowledge and agree that you bear the sole risk of reliance on any User-Generated Content available on or through the GolfNow Services and that we disclaim all liability in connection with User-Generated Content. While you will have access to such User-Generated Content, it is not yours and you may not copy or use User Content for any purpose except as contemplated by these TOS.

4.3. Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the GolfNow Services or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. GolfNow has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.

4.4. Infringement Policy. If you believe that any User-Generated Content is defamatory or infringes your intellectual property, please send a written notice following the rules in our Infringement Policy to request a review of the alleged infringement. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the U.S. Digital Millennium Copyright Act of 1998, we reserve the right to remove your User-Generated Content.

4.5 Accuracy and Completeness of Information. We do not warrant that information made available on or through the GolfNow Services is accurate, complete, reliable, error-free or current. Occasionally the GolfNow Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in connection with the GolfNow Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the GolfNow Services, except as required by law.

4.6. Artificial Intelligence. We may enable you to use tools powered by artificial intelligence to power certain features of the GolfNow Services (“AI Tools”). These AI Tools may review inputs such as questions and other User-Generated Content to generate responses. AI Tools also may not be appropriate and may be inaccurate, offensive, infringing, and objectionable. GolfNow provides the AI Tools as a convenience to you, and they and their content are provided to you on an as-is basis with no representations or warranties of any kind, whether express or implied.

5. Restrictions.

5.1. Prohibited Actions. You may not attempt any of the actions set forth in this list of Prohibited Actions or authorize, facilitate or induce others to do so. You recognize that Uploading unlawful material could expose you to criminal and/or civil liability.

5.2. Investigations, Monitoring, and User Disputes. We may, but are under no obligation to, examine, record, copy and disclose your use of the GolfNow Services including as necessary to satisfy any law, regulation or governmental request. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these provisions, including, but not limited to, modifying or removing any User-Generated Content, warning users, suspending users and Passwords, terminating accounts, blocking access to the GolfNow Services or taking other corrective action we deem appropriate. You are solely responsible for your use of the GolfNow Services, User-Generated Content, and any interaction with other users of the GolfNow Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of the GolfNow Services.

5.3. Termination and Suspension. You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to the GolfNow Services and to any Content if we believe you are using or have used the GolfNow Services in violation of these TOS or applicable law. You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your GolfNow Account or the Content. Termination, suspension or cancellation of your account or access to the GolfNow Services (collectively, “Termination”) shall not affect any right or relief to which we may be entitled, at law or in equity. Upon such Termination, all rights granted to you in these TOS will automatically terminate and immediately revert to us. Following such Termination, these TOS shall remain in full force and effect with respect to your past and future use of the GolfNow Services, including all rights granted by you to us.

UPON OUR TERMINATION OF YOUR GOLFNOW ACCOUNT, ALL RIGHTS GRANTED BY US TO YOU IN THESE TOS WILL AUTOMATICALLY TERMINATE AND IMMEDIATELY REVERT TO US, BUT THESE TOS WILL REMAIN IN FULL FORCE AND EFFECT WITH RESPECT TO YOUR PAST USE OF THE GOLFNOW SERVICES, INCLUDING ALL RIGHTS GRANTED BY YOU TO US.

6. Third Party Services and Third Party Platform Providers.

6.1. Third Party Services. The GolfNow Services may provide links to third-party websites, widgets, software, services or other utilities (“Third-Party Services”). Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. The inclusion of a link to or other integration with a Third-Party Service on any GolfNow Service does not imply an endorsement by or affiliation with us. Your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of and made available by those Third-Party Services. We will not be responsible or liable for any confidential or personal information you provide in connection with any Third Party Services, or loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third Party Services on the GolfNow Services.

6.2. Third Party Platform Providers. If you access or download the GolfNow Services via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third-party app store or platform (each a “Third-Party Platform Provider”), such Third-Party Platform Providers, shall be third-party beneficiaries to these TOS. However, these Third-Party Platform Providers are not party to these TOS and have no obligation to provide maintenance and/or support of the GolfNow Services. Your access to the GolfNow Services through the Third-Party Platform Provider’s app stores or platforms is subject to such Third-Party Platform Provider’s then-applicable terms of service. You should read the terms of service agreements and privacy policies that apply to such third-party products.

6.3. Authentication. To the extent your use of the GolfNow Services requires authentication by your cable, satellite or wireline provider or multichannel video programming distributor through which you receive video programing services (collectively, “MVPD Provider”), then the authentication process and any information you provide is strictly between you and your MVPD Provider, and we shall have no responsibility or liability with respect to such process.

6.4. Third-Party Licenses. The GolfNow Services may include open-source software or third-party software. Any such software is made available to you under the terms of the applicable licenses. Please review the information set forth here for applicable license terms related to the GolfNow Services.

7. Disclaimers & Indemnification.

7.1. Disclaimer of Warranties. We make no representations or warranties as to the GolfNow Services (which, for purposes of this Section 7 only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness or otherwise. WE PROVIDE THE GOLFNOW SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND LICENSORS (COLLECTIVELY, THE “GOLFNOW PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. WITHOUT LIMITING THE FOREGOING, GOLFNOW, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (i) THE GOLFNOW SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE GOLFNOW SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) THE GOLFNOW SERVICES ARE FREE OF ERRORS; (iv) THE FUNCTIONS OR FEATURES OF THE GOLFNOW SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (v) DEFECTS WILL BE CORRECTED, OR (vi) THE GOLFNOW SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOLFNOW MAKES NO WARRANTY THAT IT WILL UPDATE OR CONTINUE TO OFFER OR MAKE AVAILABLE THE GOLFNOW SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR WEBSITE, APP, OR GOLFNOW SERVICE FOR ANY PARTICULAR LENGTH OF TIME. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE GOLFNOW SERVICES REMAINS WITH YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

7.2. Limitation of Liability.

7.2.1. IN NO EVENT WILL THE GOLFNOW PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH GOLFNOW SERVICES OR THESE TOS EXCEED (i) THE AMOUNT (IF ANY) PAID BY YOU TO GOLFNOW IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (ii) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE GOLFNOW SERVICES. FURTHERMORE, NONE OF THE GOLFNOW PARTIES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE GOLFNOW SERVICES. THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF GOLFNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA OR ANY OTHER DAMAGES.

7.2.2. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, GOLFNOW PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOLFNOW AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

7.3. Exclusions. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE GOLFNOW PARTIES OR YOUR USE OF THE GOLFNOW SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE GOLFNOW SERVICES OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR CONTENT.

7.4. Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the GolfNow Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (i) any breach of these TOS, violation of applicable law, or infringement of a third party’s rights; (ii) User-Generated Content uploaded by you; and/or (iii) your use of the GolfNow Services or any use of your account via the GolfNow Services. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

8. Resolving Disputes Between You and GolfNow.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.

Informal Dispute Resolution. Most disputes between you and GolfNow arising from or relating to the GolfNow Services or these TOS (“Disputes”) can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration, except as set forth in in the Exceptions paragraph below (“Informal Dispute Resolution”). This requires emailing [email protected] a written notice (“Written Notice”), which must include: (1) your name; (2) the email address(es) associated with your relationship with GolfNow; (3) a detailed description of the issue; and (4) how you’d like to resolve it. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to [email protected], while the parties attempt informal resolution.

The Written Notice must be provided on an individualized basis and you and GolfNow agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute, with that meet and confer being individualized unless all parties agree otherwise. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend.

If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and GolfNow agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below.

Agreement to Arbitrate. If Informal Dispute Resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes, subject to the provisions following this header through and including the paragraph titled “Changes to this Arbitration Agreement” (collectively, the “Arbitration Agreement”).

The parties agree that this Arbitration Agreement is made pursuant to a transaction in interstate commerce and is governed by the Federal Arbitration Act (“FAA”). The arbitration will be administered by National Arbitration and Mediation (“NAM”). If NAM is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider.

In accordance with the notice and opt-out provisions set forth herein, this Arbitration Agreement is intended to be interpreted broadly and it applies to all Disputes between you and GolfNow, including but not limited to (1) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, or any prior agreement; and (2) claims that may arise after the termination of this Arbitration Agreement.

Except as set forth in the paragraph below titled “Exceptions to Informal Dispute Resolution and Arbitration Agreement,” the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes. You and GolfNow further agree that arbitrable Disputes include but are not limited to issues arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Arbitration Agreement, including, but not limited to, any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees.

WAIVER OF RIGHTS INCLUDING JURY TRIAL.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TOS AND ARBITRATION AGREEMENT, YOU AND GOLFNOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER.

YOU AND GOLFNOW ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF GOLFNOW PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.

With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” or the paragraph titled “Mass Filings,” are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor GolfNow shall be entitled to arbitrate the dispute in question.

This provision does not prevent you or GolfNow from participating in a class-wide settlement of claims.

Arbitration Rules. Except as modified by this Arbitration Agreement, NAM will administer any arbitration in accordance with the NAM “Comprehensive Dispute Resolution Rules and Procedures,” “Fees For Disputes When One of the Parties is a Consumer,” and the “Mass Filing Supplemental Dispute Resolution Rules and Procedures” in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures permitting class or representative actions (“NAM Rules”). The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Department at [email protected].

Except where prohibited by applicable law, the arbitrator shall apply the law of the state of New York without giving effect to any law that would result in the applicable of the law of any other jurisdiction. You and GolfNow agree that dispositive motions will be allowed in the arbitration.

If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and GolfNow submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.

Arbitration Demand. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these TOS. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements.

Arbitration Fees. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

Arbitration Location. The arbitration proceedings will presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise. Except as otherwise provided in the paragraph titled “Mass Filings” or unless you and GolfNow agree otherwise, in the event there is an in-person proceeding:

if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state;

if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in New York, New York.

Mass Filings. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) against GolfNow within reasonably close temporal proximity (“Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable if NAM is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by GolfNow and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that this process of batched proceedings shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with GolfNow and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the efficient resolution of all filed claims, you and GolfNow agree that NAM may increase the batch size or transfer cases between batches as determined in the reasoned discretion of the NAM procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.

This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.

Arbitrator’s Authority and Arbitration Award. The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Informal Dispute Resolution Process.

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with these TOS, including but not limited to the paragraphs titled “Class Arbitration and Collective Relief Waiver” and “Limitation of Liability” as to the types and the amount of damages or other relief for which a party may be held liable.

Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

Exceptions to Informal Dispute Resolution and Arbitration Agreement. Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and, if necessary, binding arbitration:

Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret (and any motions to enforce such proceedings) shall be exclusively brought in the state and federal courts located in the City and County of New York, New York.
Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Judgments of small claims courts may be enforced as set forth in the rules of such court.
Either party may apply to any court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, including without limitation injunctive relief.
Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court as a precursor to arbitration.

30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt out to the following address: [email protected]. The notice must be sent within 30 days of September 30, 2025 or your first use of the GolfNow Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt out of the arbitration provisions, GolfNow also will not be bound by them.

If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of these TOS and you agree to be bound by all other provisions of these terms, which shall remain in effect as allowable by law.

Changes to this Arbitration Agreement. GolfNow will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the GolfNow Services after the 30th day, you agree that any unfiled claims are subject to the revised clause. If GolfNow changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the GolfNow Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to [email protected] before the 30-day period expires.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND GOLFNOW THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Jury Trial Waiver

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND GOLFNOW AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND GOLFNOW UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TOS OR USE OF THE GOLFNOW SERVICES.

9. Applicable Law, Jurisdiction, and Venue

9.1 Applicable Law. To the extent permitted by applicable law, these TOS, any Supplemental Terms, and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conﬂicts of law provisions. Except as provided in applicable Supplemental Terms, you agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the GolfNow Services or these TOS. You are responsible for complying with local laws, if and to the extent local laws are applicable. You speciﬁcally agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.

9.2 Jurisdiction and Venue. Any disputes or claims relating to or in connection with these TOS that are not subject to arbitration will be brought exclusively in the federal or state courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

10. Additional Terms.

10.1. Notice for California Users. Under California Civil Code Section 1789.3, California users of the GolfNow Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or online at https://www.dca.ca.gov/webapps/gencomplaint.php.

10.2. No Waiver. No failure or delay by us in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these TOS.

10.3. Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.

10.4. Entire Agreement. These TOS represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. The paragraph or section titles in these TOS are for convenience only and have no legal or contractual effect.

10.5. Assignment. These TOS are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without our prior written consent and any assignment without our consent shall be void and invalid at the outset.

10.6. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

10.7. Marketing Communications. You can unsubscribe from our marketing emails via the unsubscribe link provided in the emails or by following instructions provided in the Help Center/FAQ. You will continue to receive administrative messages from us, such as order confirmations, subscription renewal notices or other communications regarding our relationship or transactions with you. Additional terms and conditions relating to your receipt of SMS/text messages from GolfNow, including instructions on how to opt-out, can be found at the following link: GolfNow SMS Terms and Conditions.

10.8. Designation of Agent. You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by you to us in these TOS.

10.9 Non-breach. Our failure to comply with these TOS because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of these TOS.

10.10. Survival. The provisions of these TOS which by their nature should survive the termination of these TOS shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use content, limitation of liability in Section 7, rules regarding dispute resolution in Section 8 and Section 9, and the general provisions in this Section 10.

10.11. Contact Us. If you have any questions or concerns about these TOS, or to report any violations of these TOS, please contact us at [email protected].