Terms & Conditions

1. Terms and Conditions Agreement

PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING THE BINDING ARBITRATION AGREEMENT, WHICH CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS. IN ADDITION, PLEASE BE ADVISED THAT WGT DOES NOT PROVIDE WARRANTIES FOR THE SERVICES AND THESE TERMS LIMIT OUR LIABILITY TO YOU. YOU MAY NOT USE THE SERVICES, OR ANY PART THEREOF, IF YOU DO NOT AGREE TO THESE TERMS.

THE TERMS AND CONDITIONS SET FORTH BELOW, THE PRIVACY NOTICE, COMMUNITY GUIDELINES, AND ANY APPLICABLE CONTEST RULES (COLLECTIVELY, THE "TERMS") ARE AN AGREEMENT BETWEEN YOU AND WORLD GOLF TOUR, LLC ("WGT"). THESE TERMS GOVERN YOUR ACCESS AND USE OF WGT'S WEBSITE (THE "SITE") AND WGT'S GAME APPLICATION AND RELATED UPDATES, UPGRADES, AND ADDITIONAL FEATURES WHICH MAY BE IMPLEMENTED (COLLECTIVELY "THE APPLICATION") INCLUDING ANY RELATED SERVICES, PRODUCTS, AND CONTENT THAT ARE AVAILABLE THROUGH THE APPLICATION OR ANY PURCHASES THAT YOU MAKE THROUGH THE APPLICATION. THESE TERMS ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS, OR OTHERWISE USE THE APPLICATION OR ANY INFORMATION CONTAINED ON THE APPLICATION. YOUR USE OF THE APPLICATION SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. WGT RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WE SHALL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE APPLICATION. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE APPLICATION SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

NOTE: YOUR ENTRY IN ANY CONTEST OR SWEEPSTAKES THROUGH THE APPLICATION MAY BE SUBJECT TO SEPARATE RULES THAT ARE AVAILABLE FOR EACH INDIVIDUAL CONTEST OR SWEEPSTAKES. RULES MAY VARY DEPENDING ON THE CONTEST OR SWEEPSTAKES. IF APPLICABLE, THE RULES FOR EACH CONTEST OR SWEEPSTAKES ARE ACCESSIBLE ON BOTH THE CONTEST AND/OR SWEEPSTAKES INFORMATION PAGE AND WITHIN THE SPECIFIC APPLICATION ITSELF.

YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SITE AND/OR THE APPLICATION AND BY USING THE SITE AND/OR THE APPLICATION, YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ACCESS THE SITE OR APPLICATION FROM A SOCIAL NETWORKING SITE ("SOCIAL SITE") YOU SHALL COMPLY WITH THE TERMS OF SERVICE/USE OF SUCH SOCIAL SITE AS WELL AS THESE TERMS. TO USE ANY OF THE APPLICATION THROUGH A SOCIAL SITE, YOU MAY ALSO BE REQUIRED TO HAVE A VALID ACCOUNT ON THE SOCIAL SITE THROUGH WHICH YOU CONNECT TO THE APPLICATION.

With respect to children's privacy, we do not knowingly collect any personally identifiable information from children under the age of thirteen years. The Sites are directed to adults at least 13 years old, and when a user discloses personal information on the Sites, the user is representing to us that he or she is 13 years or older, or if he or she is under age 13 that he or she is using the Sites with the permission and involvement of a parent or guardian.

2. License Grant; General Use Restrictions

The Application is licensed to you, not sold. WGT grants you a personal, limited, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Application on compatible devices you own or control for your non-commercial, entertainment use, subject to your compliance with these Terms. This license becomes effective on the date you accept this Agreement. This license does not grant you any title or ownership in the Application. WGT or its licensors own and reserve all other rights, including all right, title and interest in the Site, the Application and associated intellectual property rights.

All information, documents, products, software, games, and services provided on the Application, including trademarks, logos, graphics, and images that are not Submissions (as defined below) (the "Materials") are provided to you by WGT or WGT's licensors or partner entities, as applicable. WGT grants you the limited right to display the Materials only on your personal computer, and to copy the Materials displayed on the Application, provided that: (1) both the WGT copyright notice (set forth below) and this permission notice appear in the Materials so displayed or copied, (2) such display or copy is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter, or enhance any of the Materials in any manner.

These limited licenses terminate automatically, without notice to you, if you breach any of these Terms. Upon termination of any of these limited licenses, you agree to immediately destroy any electronic or printed Materials or the Application, as applicable.

WGT provides dynamic environments for virtual sports game play. You acknowledge and agree that that in the course of providing this dynamic environment, WGT will, without providing notice, be making ongoing modifications and improvements to the Application from time to time in the course of the operation and development of the Application. The Application may remotely download and install updates, upgrades, and additional features that WGT deems reasonably necessary, and you hereby consent to any such updates, upgrades, and additional features. Such updates, upgrades and implementation of additional features may affect the performance and interaction of individual components of the games, performance of virtual items, contests, and challenges available through the Application. You agree that WGT has no obligation to support previous version(s) of the Application upon the availability of the update, upgrade and/or implementation of additional features. The license to the Application shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement. WGT does not have any maintenance or support obligations with respect to the Application.

In addition, you agree that WGT retains the sole and unfettered right to change, remove, or modify the available virtual items from time to time (which may among other things make one or more virtual items more or less effective or functional, more or less common, or eliminated entirely). You may not use, distribute, develop, promote, or facilitate use of cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the WGT game experience to the detriment of fair play.

YOU HEREBY AGREE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM AGAINST WGT OR ANY OF ITS EMPLOYEES WHICH IS RELATED TO OR BASED ON A CLAIM THAT YOU OWN OR ARE DUE VALUE FOR ANY VIRTUAL ITEM, INCLUDING WITHOUT LIMITATION RELATING TO THE MODIFICATION OR DELETION OF ONE OR MORE VIRTUAL ITEMS.

Except as stated herein, you acknowledge that you have no right, title, or interest in or to the Application or the Materials on any legal basis, without the advance written authorization of WGT. You agree that you shall not, under any circumstances, without the express written consent of WGT: (i) exploit the Application or any of its parts for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center or any other location-based site; (ii) host, provide or develop matchmaking services for the Application or intercept, emulate or redirect the communication protocols used by WGT in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Application, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; or (iii) extract content or data from the Site or Application through data mining, robots, scraping or similar data gathering or extraction methods; (iv) copy, photocopy, reproduce or use the Application except as specifically authorized in these Terms; (v) sell, rent, lease, license, distribute, or otherwise transfer the Application; (vi) translate, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on or related to the Application; (vii) remove, circumvent, or modify any proprietary notices or labels, or any security applications; (viii) organize, promote, facilitate, or participate in any event involving wagering on the outcome, or any other aspect of, the Application, regardless of whether such conduct constitutes gambling under the laws of any applicable jurisdiction; (ix) use the Application for any esports or group competition sponsored, promoted or facilitated by any third party; (x) use the Application to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (xi) use the Application in violation of any applicable law or regulation; or (xii) behave in a manner or engage in any conduct which is detrimental to the enjoyment of the Application by other users or which disrupts operation of the Application, in WGT's sole judgment, including but not limited to any use in violation of our Community Guidelines or these Terms.

3. WGT Credits or Coins

WGT may offer in-game credits or coins (either for purchase or for free, at WGT's discretion) that enable you to participate in on-line games and purchase virtual merchandise and other items through the Site or the Application (the "WGT Credits"). By purchasing or obtaining WGT Credits, WGT is granting you a limited license right to you to utilize certain features of our product and service offering as allowed by WGT. WGT Credits do not have monetary or stored value or any credit balance of real currency or its equivalent and are not redeemable for money at any time. WGT may regulate, modify and/or eliminate WGT Credits at any time at its discretion with no liability to you or to any third party from the exercise of such right. You agree that you will not, under any circumstances gather or transfer WGT Credits or virtual items for sale or use the Application or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Application.

4. In-Game Skill Based Competitions

As part of regular WGT game play, WGT may sponsor and give you the opportunity to participate in Competitions ("Competitions"). You must be over the age of 13 to participate and no purchase or payment is necessary to participate in such Competitions. The odds of obtaining WGT Credits in Competitions depend on the number of eligible participants in and their relative skill in the Competitions.

Competitions where the winner obtains a physical or tangible prize are open to individuals who are 18 years of age or older or the age of majority in the entrant's state or province/territory of residence, whichever is greater. To participate in a Competition where the winner obtains a physical or tangible prize, you must not be a resident of or be physically located at the time of play in: (a) the United States if you are a resident who resides in Arizona, Arkansas, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee, Vermont, or Washington, or are subject to the laws of one of those states; (b) Brazil, Argentina, the People's Republic of China, South Korea, Japan; (c) any other jurisdiction that WGT excludes in its sole discretion; or (d) any person who is defined as a "Subscriber" per the Steam Subscriber Agreement located at: store.steampowered.com/subscriber_agreement.

To participate in certain Competitions where the winner obtains a physical or tangible prize, you may be required to submit to WGT documentation to verify your eligibility and to verify your age and/or residency and, if the physical or tangible prizes you have obtained in a given year have a value over $600, a completed W-9 tax form.

Employees, officers, and directors of WGT and its affiliated entities, parent, subsidiaries, advertising, promotional agencies, legal advisors, their immediate family members, and persons living in their same household, are not eligible to enter or participate in Competitions. Void where restricted, taxed or prohibited by law. Individuals that obtain WGT Credits in the Competitions will be determined and announced on or about the fifteenth (15th) calendar day following each monthly Competition and between one (1) and three (3) weeks following each weekly Competition. In the event of a tie, the participant that entered the Competition earlier will obtain the WGT Credits.

For the avoidance of doubt, Apple Inc., Google Inc., and Amazon Inc., are not sponsors of, or in any way involved in, any Competitions.

5. In-Game Person to Person Skill Based Challenges

As part of regular WGT game play, WGT may sponsor and give you the opportunity to obtain WGT Credits and/or other virtual items or physical or tangible prizes in certain in-game person to person skill based challenges ("Challenges"). The odds of obtaining WGT Credits in a Challenge depend on your relative skill in the Challenge.

Individuals who are 13 years of age or older may enter Challenges, except that Challenges where the winner obtains a physical or tangible prize are only open to individuals who are 18 years of age or older or the age of majority in the entrant's state or province/territory of residence, whichever is greater. To participate in a Challenge where the winner obtains a physical or tangible prize, you must not be a resident of or be physically located at the time of play in: (a) the United States if you are a resident who resides in Arizona, Arkansas, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee, Vermont, or Washington, or are subject to the laws of one of those states; (b) Brazil, Argentina, the People's Republic of China, South Korea, Japan; (c) any other jurisdiction that WGT excludes in its sole discretion; or (d) any person who is defined as a "Subscriber" per the Steam Subscriber Agreement located at: store.steampowered.com/subscriber_agreement. Employees, officers, and directors of WGT and its affiliated entities, parent, subsidiaries, advertising, promotional agencies, legal advisors, their immediate family members, and persons living in their same household, are not eligible to enter or participate in Challenges. Void where restricted, taxed or prohibited by law.

To participate in a Challenge, you must first select the type of WGT game you would like to play on the Challenge Page. If you are proposing a Challenge to another user, you must select a user as a challenger that has selected the same type of game and select how many WGT Credits you are willing to submit as your share of the WGT Credits for that Challenge with such user. If you accept a Challenge that another user proposed, you agree to match the same amount of WGT Credits as that submitted by the user that proposes the Challenge you accept. Each player will pay a separate fee to WGT for the Challenge game as a payment made solely for the operation of the services and facilities necessary to participate in the Challenge (the "Participant Fee").

When you participate in a Challenge, the amount of the WGT Credits that you challenged plus the Participant Fee are immediately placed on hold within your Account. At the conclusion of the Challenge, the Participant Fee will be subtracted from each player's Account. The Participant Fees are not refundable. The Challenge participants will then receive the WGT Credits, virtual items and/or physical or tangible prize they obtained according to the rules of the Challenge game and game type selected.

Individuals that obtain WGT Credits, virtual items and/or physical or tangible prize in each Challenge will be determined and posted on the Site and/or Application upon completion of the Challenge. In the event of a tie, WGT shall have the right to require the participants to participate in another game to determine who has the best score in the Challenge.

6. Third Party Content

Third parties may provide certain information and content to WGT ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. WGT DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

7. No Framing

You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on the Site and/or the Application on any other server or Internet-based device without the advance written authorization of WGT or its licensors, respectively.

8. Third Party Advertisements

You understand that the Site and/or the Application may feature advertisements from WGT or third parties. WGT's disclosure of information for third party advertising is addressed in WGT's Privacy Notice.

9. Links To Third Party Sites

The Site and/or the Application may provide links to other Web sites or resources over which WGT does not have control ("External Web Sites"). Such links do not constitute an endorsement by WGT of those External Web Sites. You acknowledge that WGT is providing these links to you only as a convenience, and further agree that WGT is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

10. Password Restricted Areas of the Site and Usernames

You agree to provide true, accurate, current, and complete information about yourself as prompted by a registration form to obtain a password for any Restricted Areas (as defined below). Certain areas of the Site and/or the Application may be password-restricted to authorized users that become members ("Restricted Areas"). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and Account and agree to notify WGT if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. WGT will never ask you for your password, so do not give it to anyone requesting it. You are responsible for activities that occur under your Account. You agree to immediately notify WGT of any unauthorized use of your Account or any other breach of security in relation to the Site and/or the Application known to you.

Each user will either select a username or allow WGT to automatically select a username at random. Additionally, users may form "teams" and such teams will be required to choose a team name. When you choose a username, team name, or otherwise create a label that can be seen by other players using the games, you must abide by the following guidelines as well as the rules of common decency. If WGT finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the games.

In particular, you may not use any name:

Belonging to another person, including pop culture figures or celebrities, with the intent to impersonate that person, including without limitation a "Game Master" or any other employee or agent of WGT;
That incorporates vulgar language, or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or otherwise objectionable;
Subject to the rights of any other person or entity without written authorization from that person or entity;
That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
That is intended to inflame, trash-talk, or provoke a reaction from the community;
Taken from WGT's products;
Related to drugs, sex, alcohol, or any criminal activity;
Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm"), URLs, spam, or anything that is intended to solicit other players for commercial purposes;
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
Each user participating on the Site and/or through the Application may have only one player Account. If you wish to create a new player Account, please contact us. If WGT determines that you have more than one Account, all Accounts created subsequent to the first Account may be automatically terminated without notice. Continued violation of these Terms, including the creation of more than one player Account, may result in the termination of all of your player Accounts. Your Account is non-transferable. You may not allow any other person to use your player Account to access WGT, participate in any tournament or game, or to accept any winnings related to your player Account.

11. Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site and/or the Application (each a "Submission"), and that you, and not WGT, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality, and copyright. Unless otherwise explicitly stated herein or in the Privacy Notice, you agree that any Submission provided by you in connection with the Site and/or the Application are provided on a non-proprietary and non-confidential basis. You agree that WGT shall be free to use or disseminate a Submission on an unrestricted basis for any purpose and if you submit information to the Site and/or the Application, you grant WGT a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission, provided, that WGT agrees to use any personally identifiable information included in your Submissions in accordance with WGT's Privacy Notice. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO WGT.

12. Posting Etiquette

WGT asks that you respect our on-line community and other individuals. When posting Submissions to or otherwise using the Site, the Application(s) and/or the services, you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, vulgar, sexually explicit, hateful, or otherwise offensive language or images.
Flame-bait, engage in flame wars, or otherwise attempt to provoke a reaction.
Cause disruption by hitting the return key repeatedly or using large images so the screen goes by too fast to read, using all caps to "shout", spamming, or flooding (posting repetitive text).
Impersonate or represent WGT, our staff, partners, affiliates, or other industry professionals.
Solicit a member's password or other Account information for any reason.
Harvest usernames, addresses, or email addresses for any purpose.
Post any player's real name, location, or any other personally identifiable information.
Promote or conduct any illegal activity, including hacking or cracking, or violate copyright laws. The laws that apply in the offline world must be observed online as well.
Upload viruses or corrupted data.
Make commercial use of the Site or the Application, including distribution of advertising, chain letters, pyramid schemes, and spam.
Improperly use support staff or make false reports to staff members.
Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications.
Attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Site and/or the Application.
Exploit any bug in the Site and/or the Application to gain unfair advantage in the game and communicate the existence of any such bug.

This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require WGT to monitor or remove any Submissions or other information submitted by you or any other user.

You hereby agree to waive any claims against WGT and its affiliates, contractors, agents, and employees for losses, damages, and injuries for which are based on or relate to communications or materials made available to the Site and/or the Application or posted on the Site and/or the Application by persons other than WGT. WGT may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at WGT's discretion, WGT will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site and/or the Application.

13. Term and Termination

WGT reserves the right to terminate your access to your Account, your ability to access and post to the Site and/or the Application or to receive the services with or without cause and with or without notice, or for any action that WGT determines is inappropriate or disruptive to the Site and/or the Application, services or to any other user of the Site and/or the Application and/or services. YOU CAN LOSE YOUR USERNAME AND PROFILE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, OBTAINED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SITE AND/OR THE APPLICATION, AND WGT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SITE, MATERIALS AND SERVICES ACCESSED THROUGH THE APPLICATION AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE SITE, THE APPLICATION, MATERIALS, AND ANY CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SITE, THE APPLICATION OR MATERIALS IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

WGT reserves the right to stop offering and/or supporting the Site or a particular game or part of the service on the Application at any time, at which point your license to use the Site, the Application and services or a part thereof will be automatically terminated. In such event, WGT shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Site or Application.

Termination of your Account can include disabling your access to the Site and the Application or any part thereof including any content you submitted, or others submitted.

You may cancel any account registered to you at any time by following the instructions on WGT.com.

14. Beta Tests

Should you become a participant in a beta test for new games and/or features, your participation as a beta tester is subject to the following terms and conditions. As a beta participant, you hereby agree that you are not a member of the press or other media entity.

a. Private Beta Tests:

Closed beta tests are confidential. The beta games and any related features and functionality are confidential. If you participate in a closed beta test, you will safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games, including blogging and taking screen shots. You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the beta game, or remove any proprietary notices or labels. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to WGT, and WGT is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until WGT publicly distributes or has otherwise disclosed to the public through no fault of yours, the particular games, and the content that you are testing.

b. All Beta Tests (Private and Public):

As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these Terms, or on the Site and/or the Application, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
When playing some beta games, you may accumulate rankings, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased, and each player will return to beginner status.
By starting a beta game, you agree that: (i) playing beta games is at your own risk and that you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) WGT has no obligation to make these games available, (iv) these Terms apply to your use of the games during the testing phase, and (v) if it is a private beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
Beta Test accounts are non-transferable under any circumstances.

15. Payments and Billing

FEES YOU PAY WGT TO ENTER CONTESTS, PURCHASE IN-GAME EQUIPMENT, OR TO OBTAIN ANY OTHER SERVICE OR GOOD, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ACKNOWLEDGE THAT WGT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ITEM THAT YOU PURCHASED WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

WGT reserves the right to change our fees or billing methods at any time. You are responsible for reviewing the Terms & Conditions to obtain timely notice of such changes. Your continued use of the Application thirty (30) days after changes are posted means that you accept such changes. If any change is unacceptable to you, you may cancel your account at any time.

You may use a credit card to pay for any fees you incur. When you provide credit card information to WGT, you represent to WGT that you are the authorized user of the credit card that is used to pay. As the Account holder, you are responsible for all charges incurred, unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your credit card information.

If you unlawfully or fraudulently authorize a chargeback to WGT or initiate an excessive amount of chargebacks through your bank, credit card, or any other payment provider, WGT may terminate your Account. In addition, WGT reserves all of its rights and remedies in the event of such chargebacks.

By using all or part of this Site and/or the Application, you consent to receiving electronic communications from WGT and its partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and/or our services. These electronic communications are part of your relationship with WGT, and you receive them as part of your use of the Site and/or the Application. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

If you pay a donation in the form of an entry fee to participate in a challenge or game that is serving as a benefit for a charitable organization, you acknowledge and agree that WGT is not providing tax advice to you and that you are expected to rely on your own tax advisor as to the deductibility of such entry fee as a charitable contribution.

16. Trademarks and Copyrights

The trademarks, service marks, brands, names, logos, and designs ("Trademarks") of WGT, Topgolf International, Inc., or others used on the Site and/or in the Application are the property of WGT or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Application without the express prior written permission of WGT or the respective owner, and nothing contained on this Site and/or in the Application grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on the Site and/or in the Application, including but not limited to, text elements, site design, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of WORLD GOLF TOUR, INC., Copyright ©, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

17. Copyright Agents

WGT respects the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site, the Restricted Areas or the Application to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Site, please provide WGT's copyright agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Site (if applicable) or in the Application where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

WGT's agent for notice of claims of copyright infringement on the Application can be reached as follows:

By mail:

WGT Copyright Agent

Stinson Leonard Street LLP, 150 South Fifth Street, Suite 2300, Minneapolis, MN 55402, Attn: Joel Leviton

18. Ownership/Selling of the Account or Virtual Items

WGT does not recognize the transfer of your user accounts ("Accounts"), or any virtual items contained therein. You may not purchase, sell, gift, or trade any Account, or offer to purchase, sell, gift, or trade any Account, WGT Credits or virtual item contained therein, and any such attempt shall be null and void. WGT owns, has licensed, or otherwise has rights to all of the content that appears in the games and on the Site and the Application. You agree that you have no right or title in or to any such content, including the virtual items or WGT Credits appearing or originating in the games, or any other attributes associated with the Account or stored on the Site or in the Application. WGT does not recognize any virtual property transfers executed outside of the games or the purported sale, gift, transfer, or trade in the "real world" of anything related to the games. Accordingly, you may not sell virtual items for "real" money or otherwise exchange items for value outside of the games. If you purchase or otherwise receive any WGT Credits for your Account, you agree that you will not transfer such WGT Credit and that you will not use such WGT Credits to engage in gambling, gaming, or lottery.

You shall not circumvent any of the foregoing prohibitions, such as, by way of example, transfer WGT Credits or virtual items by intentionally throwing a game or losing a game. Without limiting WGT's rights and remedies, WGT may terminate your Account and any other user Accounts involved in any such violation of the foregoing prohibitions.

19. Indemnification

You agree to defend, indemnify, and hold harmless WGT and its affiliates, representatives, partners, agents, and employees from and against any and all liabilities, claims, costs, and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Application or breach of these Terms.

20. Disclaimer of Warranty

You acknowledge and agree that the Application may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by WGT and agree that WGT does not warrant the accuracy or timeliness of the Materials and further agree that WGT has no liability for any errors or omissions in the Materials, whether provided by WGT or its licensors.

WGT assumes no responsibility for: (i) games or tournaments that are interrupted for any reason including, but not limited to, the malfunction of computer equipment or data; (ii) activity on player accounts as a result of lost or stolen Account or password information ; (iii) the failure, interruption, technical malfunction or delay of any email or other communication to be received by WGT, for any reason; (iv) any incorrect or inaccurate information, whether caused by equipment or programming associated with or utilized in WGT or by any technical or human error which may occur in the processing of information you provide on the Site and/or the Application.

WGT also assumes no responsibility, and shall not be liable for, any malicious code, including computer viruses, that may infect your personal computer or related equipment, or any other damage to your personal computer or related equipment, as a result of your access to, use of, or browsing of the Site and/or the Application or your downloading of any materials, data, text, images, video, or audio from the Site and/or the Application.

The conditions in the game (wind, ground conditions, green speeds) may vary during play. WGT assumes no responsibility, and shall not be liable for, any outcome of a game or tournament due to these conditions.

Although WGT intends to make the Site and the Application available 24 hours per day, seven days per week, there can be no assurance that the Site and the Application will be available without interruption. WGT reserves the right to cancel, terminate or suspend the Site and/or the Application in whole or in part at any time.

WGT, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE APPLICATION, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE APPLICATION AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

21. Acknowledgement

YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN RUNNING, THE APPLICATION MAY MONITOR YOUR COMPUTER'S PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME SOFTWARE, AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY "BOT" OR "SPIDER" THAT IN WGT'S SOLE DETERMINATION ENABLES OR FACILITATES CHEATING OF ANY TYPE OR ALLOWS USERS TO MODIFY OR HACK THE GAME SOFTWARE.

22. Limitation of Liability

BY PARTICIPATING IN A CHALLENGE OR ANY GAME OFFERED THROUGH THE SITE AND/OR THE APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT THE ABILITY TO USE AND ACCESS THE SITE AND/OR THE APPLICATION INVOLVES TRANSMISSIONS OVER VARIOUS NETWORKS AND THAT SUCH ABILITY MAY BE IMPACTED BY THE TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. WGT IS NOT RESPONSIBLE FOR INCORRECT OR INACCURATE TRANSMISSION OF INFORMATION, FOR PROBLEMS RELATED TO ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH THE SITE AND/OR THE APPLICATION, A GAME, OR A CHALLENGE, FOR ANY HUMAN ERROR, FOR ANY INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE NETWORK OR ELECTRONIC TRANSMISSION, FOR PROBLEMS RELATING TO COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS THE SITE AND/OR THE APPLICATION OR YOUR ONLINE SERVICE, OR FOR ANY OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION.

NEITHER WGT NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE AND/OR THE APPLICATION, OR ANY EXTERNAL WEB SITES LINKED TO THE SITE AND/OR THE APPLICATION, OR THE MATERIALS ON THE SITE AND/OR THE APPLICATION, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF WGT WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

23. Text Messaging Terms and Conditions

Before enrolling in any of WGT's text message program(s), please read this Terms and Conditions Agreement carefully, including the mandatory Binding Arbitration Agreement, which requires that disputes are resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis.

WGT may offer recurring text messaging programs and occasional one-time or limited-duration text messaging programs. This Terms and Conditions Agreement governs these text message programs.

By signing up to participate in our text messaging programs, you agree to these terms and conditions and our Privacy Policy, which are all contracts between us and you that grant us certain rights and licenses, provide us certain indemnities, waive certain of your rights and remedies, and limit our liability and obligations to you. To the extent of any inconsistency, this Terms and Conditions Agreement will apply to our text messaging programs.

When you agree to participate in our text messaging programs, you typically agree to receive recurring messages, some of which may be marketing messages, including special offers, alerts, rewards, deals, updates, and reminders and information from WGT. However, you may also choose to sign up for other text message programs, for example, regarding specific promotions or events or to confirm your identity before accessing your account. Messages may be in SMS, MMS or RCS format and may contain marketing content. Text messages may be sent using an automatic telephone dialing system, or artificial or pre-recorded voice. Your consent to receive such messages is not required as a condition of purchasing any goods or services. Message and data rates may apply.

WGT may transition from one short code or telephone number to another, and you consent to receive messages from the new short code or number.

To opt-in to receive text messages from any of WGT's text messaging program(s), please follow the instructions provided by WGT, which may include texting a message to a short code, providing your phone number on-site at a WGT location or online at our website or through a mobile app, or otherwise providing your consent. You may need to confirm your consent such as by replying "Y" or through another designated response to an initial text message sent to you.

To stop receiving text messages from a specific text messaging program, text "STOP" to the five-digit short code or telephone number for the text messaging program from which you no longer wish to receive messages (i.e., the number from which its text messages are being sent). You may receive one final text message confirming that you have opted out.

To enroll in any of WGT's text messaging program(s), you must be the mobile account holder and a resident of the United States. If you change your mobile phone number, you agree to promptly notify WGT of that change by contacting our help desk as described in our applications and on our Sites.

If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services (e.g., pre-paid users may not be able to participate). Check with your carrier to confirm. WGT and mobile carriers are not responsible or liable for any undue delays, failure of delivery, or errors in messages.

To request more information, reply "HELP" to the number from which you received our text message(s).

WGT may revise, modify, or amend these terms and conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to our Sites or application(s). You agree to review this Terms and Conditions Agreement periodically to ensure that you are aware of any changes. Your continued consent to receive text messages from WGT will indicate your acceptance of those changes. We may also notify you by other means, such as sending a text message to the number you used to sign up for our text message program(s).

24. BINDING ARBITRATION AGREEMENT

As part of this Terms and Conditions Agreement, you and WGT each agree as follows (the "Binding Arbitration Agreement").

If the parties are unable to mutually resolve your concerns and a dispute remains between you and WGT, this section explains how the parties have agreed to resolve it.

NOTICE: PLEASE READ THIS SECTION OF THIS TERMS AND CONDITIONS AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHTS TO TRY CLAIMS IN COURT BEFORE A JUDGE OR JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION.
MANDATORY INFORMATION DISPUTE RESOLUTION: If you or WGT have a Claim (defined below), you and WGT agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a notice to the other party that describes the Claim. The notice must include the initiating party's name and contact information (address, telephone number, and email address) and a detailed description of (1) the nature and basis of the Claim and (2) the nature and basis of the relief sought, with a detailed calculation. Your notice shall be sent by mail to WGT's registered business agent, CT Corporation, 1999 Bryant Street, Suite 900, Dallas, Texas, 75201; with a copy to WGT, 8750 North Central Expressway, Suite 1200, Dallas, Texas, 75231, Attention: Legal Department; or by email to: Legal@topgolf.com. You must personally sign the notice. WGT's notice to you shall be sent to the most recent contact information we have on file for you. If requested by the party that receives the notice, the other party must personally participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Claim. If the Claim is not resolved within sixty (60) days after receipt of the notice (which period can be extended by agreement of you and us), you or WGT may commence an arbitration proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing a demand for arbitration. The statute of limitations and any filing fee deadlines for a formal arbitration proceeding shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party's election, and any arbitration proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
AGREEMENT TO ARBITRATE: If we are unable to resolve a Claim through the mandatory informal dispute resolution process, you and WGT agree that, except as set forth below, all Claims between you and us will be resolved entirely through the binding individual arbitration process set forth in this Section. For purposes of this Section, "WGT," "we," "our," and "us" include WGT and its employees, officers, directors, parents, agents, controlling persons, subsidiaries, affiliates, predecessors, acquired entities, successors, and assigns. |d
CLAIMS: "Claims" subject to this Section include all of the following: (1) claims relating to or arising out of this Terms and Conditions Agreement or any prior or later versions of this Terms and Conditions Agreement, as well as any changes to this Terms and Conditions Agreement; (2) claims relating to or arising out of any aspect of any relationship between you and us; (3) claims relating to or arising out of your access of, use of, or any transactions through, by, or using the Sites, including receipt of any advertising, marketing, or other communications from WGT; and (4) claims relating to the interpretation, scope, applicability, or enforceability of this Terms and Conditions Agreement or this Section except as set forth in Section 24(b), Section 24(k), and Section 24(l). Except as provided below, (X) claims are subject to arbitration whether they are based in contract, tort, federal or state statute, constitution, regulation, or any other legal theory, or whether they seek legal or equitable remedies; (Y) all claims are subject to arbitration whether they arose in the past, may currently exist, or may arise in the future; and (Z) claims include claims or disputes that arose before the parties entered into this Terms and Conditions Agreement or after termination of this Terms and Conditions Agreement.
CLAIMS NOT COVERED BY ARBITRATION: Claims filed by you or by us in a small claims court are not subject to arbitration, so long as the dispute remains in such court and advances only an individual claim for relief. Claims filed by you or us in court to enjoin infringement or other misuse of intellectual property rights are also not subject to arbitration. Section 24(k) and Section 24(k) set forth additional claims not subject to arbitration.
COMMENCING AN ARBITRATION: Except as set forth Section 24(l), unless the parties agree to select a different arbitration administrator, the arbitration shall be administered by the American Arbitration Association ("AAA") as follows: under AAA's Commercial Rules for commercial disputes and under AAA's Consumer Arbitration Rules for consumers with non-commercial disputes, except as modified by this Section. AAA's rules may be obtained from www.adr.org or 1-800-778-7879 (toll-free). If AAA is for any reason unable to serve and the parties are unable to agree on an alternative arbitration administrator, then a court of competent jurisdiction shall appoint an arbitration administrator. To commence an arbitration proceeding, you or WGT must send a personally signed demand for arbitration that describes (1) the nature and basis of the Claim(s), and (2) the nature and basis of the relief sought, including a detailed calculation, along with a certification that you or we are party to this Section and completed the informal dispute resolution process referenced above. Your notice shall be sent by mail to WGT's registered business agent, CT Corporation, 1999 Bryant Street, Suite 900, Dallas, Texas, 75201; with a copy to WGT, 8750 North Central Expressway, Suite 1200, Dallas, Texas, 75231, Attention: Legal Department; or by email to: Legal@topgolf.com. WGT's notice shall be sent to the most recent contact information we have on file for you. You or WGT must also contact AAA or chosen arbitration administrator and follow its appropriate procedures to commence the arbitration.
ARBITRATION PROCEDURE:

i. Unless you and we agree otherwise in writing, the arbitration shall be decided by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years of experience, selected in accordance with the chosen arbitration administrator's rules.

ii. The arbitrator will decide the Claim or Claims in accordance with this Terms and Conditions Agreement and applicable substantive law, including the Federal Arbitration Act (9 U.S.C. §§ 1-16) ("FAA"), and applicable statutes of limitation. The arbitrator shall honor claims of privilege recognized at law. Except as provided in Section 24(k) below, the arbitrator may award damages or other relief (including injunctive relief) available to the individual claimant under applicable law.

iii. The arbitrator will take reasonable steps to protect proprietary or confidential information. Any arbitration hearing shall take place in the county in which you reside, unless the parties agree in writing to a different location or the arbitrator so orders. If all Claims are for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in accordance with the arbitration administrator's rules. You and a WGT representative shall personally appear (with counsel if you and we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator.

iv. At your or our request, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's award shall be final and binding except that any party may appeal any award relating to a Claim for more than $100,000 or for injunctive relief to a three-arbitrator panel appointed by the arbitration administrator, which will reconsider de novo any aspect of the appealed award. The panel's decision will be final and binding. In either event, you or we may seek to have the award vacated or confirmed and entered as a judgment in any court having jurisdiction.
ARBITRATION COSTS: Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules as set forth above or, if a different arbitration administrator is selected, its rules. If you are a consumer with a non-commercial dispute, we will pay any filing, administration, or arbitrator fees the arbitration administrator requires you to pay if, in a writing signed by you: (1) you claim to be unable to afford it; and (2) you demonstrate that you sought, but were unable to obtain, a waiver of that fee from the arbitration administrator. To the extent allowed by applicable law and our agreements, the arbitrator may award arbitration costs and attorneys' fees to the prevailing party.
JURY WAIVER AND LIMITATION OF RIGHTS: You and we agree that, by agreeing to arbitrate any Claims, the parties are each waiving the right to a trial by jury or a trial before a judge in court (except for matters that may be taken to a court pursuant to this Section). You and we acknowledge that arbitration will limit our legal rights, including the right to participate in a class action, the right to a jury trial, the right to conduct full discovery, and the right to appeal.
CLASS ACTION AND REPRESENTATIVE ACTION WAIVER: You and we agree that each may bring Claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless mutually agreed to by you and us, the claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration. The arbitrator shall have no authority to conduct any class, private attorney general or other representative proceeding. This Section 24(j) does not apply to requests for public injunctive relief, which are addressed in Section 24(k).
PUBLIC INJUNCTIVE RELIEF WAIVER: Neither you nor we will have the right to seek public injunctive relief as a remedy for any Claim against one another (a "Public Injunctive Relief Request") in arbitration, if such a waiver is permitted by the FAA. If such a waiver is deemed unenforceable, you and we agree that the Public Injunctive Relief Request shall be severed from any other Claims and/or remedies you have. The Public Injunctive Relief Request must be adjudicated by a court after all your other Claims to be decided in arbitration under this Section are resolved in arbitration. The validity, enforceability, and effect of this Section 24(k) shall be determined exclusively by a court, and not by any arbitration administrator or arbitrator.
ADDITIONAL PROCEDURES FOR MASS ARBITRATION:

i. If twenty-five (25) or more similar claims of consumers with non-commercial disputes are asserted against WGT by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules.

ii. Counsel for the claimants and counsel for WGT shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the initial bellwether process.

iii. If the parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings, the parties shall participate in a global mediation session before a retired judge, and WGT shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of this staged process.

iv. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired judge, and WGT shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, WGT agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims.

v. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator unless the parties agree otherwise. The statute of limitations and any filing fee deadlines shall be tolled for Claims subject to this Section 24(l) from the time the first cases are selected for the initial bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have the authority to enforce this paragraph by enjoining the mass filing or prosecution of arbitration demands against WGT. Should a court of competent jurisdiction decline to enjoin this Section 24(l), you and we agree that your and our counsel shall engage in good faith discussions with the assistance of an arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
GOVERNING LAW: Notwithstanding any other section in this Terms and Conditions Agreement to the contrary, you and we agree that you and we are participating in transactions that involve interstate commerce and that this Section and any resulting arbitration are governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Notwithstanding any Section in this Terms and Conditions Agreement to the contrary, to the extent state law applies, the laws of Texas without regard to conflicts of law principles shall apply. No state statute pertaining to arbitration shall apply.
SEVERABILITY: Notwithstanding any Section in this Terms and Conditions Agreement to the contrary, if any provision of this Section 24, except for Section 24(j), is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Section. However, if Section 24(j) is deemed invalid or unenforceable in whole or in part, then this entire Section shall be deemed invalid and unenforceable.

Do not use the Sites or enroll in any of WGT's text message programs if you do not agree to the foregoing binding arbitration provisions.

25. No Waiver

No delay or failure by WGT to enforce any of these Terms and Conditions Agreement shall constitute a waiver of any of our rights under this Terms and Conditions Agreement. Neither the receipt of any funds by WGT nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms and Conditions Agreement. Only a specific, written waiver signed by an authorized representative of WGT shall have any legal effect.

26. Severability

If any clause or provision set forth in this Terms and Conditions Agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

27. Interpretation

Note that the headings contained in this Terms and Condition Agreement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Terms and Conditions Agreement. The word "including", or any variation thereof means "including, without limitation" and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it. Unless the context demands otherwise, the word "or" shall have the inclusive meaning identified with the phrase "and/or". Any reference made in this Terms and Conditions Agreement to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of this Terms and Conditions Agreement is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.

28. Governing Law and Jurisdiction

WGT controls and operates the Site and the Application from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States, and access to the Sites from territories where the content of the Sites may be illegal is prohibited. If you access the Sites from outside the United States, be advised the Sites may contain references to products and services that are not available or are prohibited in your country. Those who choose to access the Sites from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. This Terms and Conditions Agreement and all policies and documents incorporated herein by reference constitute the entire agreement between WGT and you with respect to the subject matter herein.

This Terms and Conditions Agreement and any disputes arising under or related to this Terms and Conditions Agreement, the Privacy Policy and/or any additional terms to the Sites shall be governed by the laws of the State of Texas without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within Dallas County, Texas for any legal proceeding arising from this Terms and Conditions Agreement, the Privacy Policy and/or any additional terms to the Sites, regardless of the cause of action or which party has initiated the legal proceeding. Notwithstanding the preceding sentences with respect to the substantive law, the FAA governs the interpretation and enforcement of the Binding Arbitration Agreement in Section 24 and preempts all state laws to the fullest extent permitted by law. If the FAA is determined to not apply to any issue that arises from or relates to the Binding Arbitration Agreement, then that issue shall be resolved under and governed by the laws of the State of Texas.

This English-language Terms and Conditions Agreement is WGT's official agreement with users of the Sites. In case of any inconsistency between this English-language Terms and Conditions Agreement and its translation into another language, this English-language document shall control.

29. Forward-looking Statements

Statements contained on the Sites regarding WGT's business which are not historical facts are "forward-looking statements" that are based upon information and expectations at the time they were first made or posted. Actual results may differ materially as a result of certain risks and uncertainties. For details concerning these and other risks and uncertainties see "Management's Discussion and Analysis of Financial Condition and Results of Operations" contained in Topgolf Callaway Brands Corp.'s most recent financial report (e.g., 10-K or 10-Q) filed with the Securities and Exchange Commission. Readers are cautioned not to place undue reliance on such statements which speak only as of the date first made or posted. The Company undertakes no obligation to republish revised forward-looking statements to reflect the occurrence of unanticipated events or circumstances that effect such statements.

30. For More Information

If you have any questions regarding our Terms and Conditions Agreement, please contact us by sending an email to feedback@topgolf.com or writing to us at Topgolf International, Inc.,8750 N. Central Expressway (Suite 1200), Dallas, TX 75231, ATTN: Marketing Resources.

Updated: July 8, 2024