Introduction

By using the Hole19 App and/or the Hole19 Website, you (“The User”, “You”) unconditionally agree to the terms and conditions hereby defined in This Agreement. If you do not agree to the terms and conditions of This Agreement, you should discontinue use of The Application and The Website. The Company reserves the right, at any time, to modify, alter, or update the terms and conditions of This Agreement without prior notice. Modifications shall become effective immediately upon being posted on The Website. Your continued use of the Hole19 App and/or Hole19 Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

Description of Products

The following are descriptions of The Products:

1. Hole19 is a software application product made available for download on a compatible mobile device. The Hole19 App provides The User with distances to key landmarks on the golf course and tracks The User’s playing statistics, in addition to offering other features related to playing golf.

2. The Hole19 Website provides The User with information about The Application, shows golf courses available for download in the Hole19 App, acts as a reference hub for the User’s golf statistic tracking and analysis, and offers general and descriptive information about The Company.

To utilize The Company’s Products, The User is individually responsible for:

1. providing all necessary hardware equipment required to use the Hole19 App and/or Hole19 Website, including but not limited to a Smartphone, Tablet, Computer, or “Wearable” internet-enabled device;

2. providing internet connection required to use the Hole19 App and/or Hole19 Website including but not limited to cell phone data services; and

3. paying any costs and fees, whether one-time or ongoing, related to their own provision of items referenced above in (1) or (2), including those specific to service contracts of individual cell phone coverage carriers. The User’s normal applicable carrier rates and fees apply.

Pricing Terms

The Hole19 App is Free to download. Upon download, The User is entitled to an unlimited number of course map downloads. Course downloads are Free. There are no fees associated with the use of The Hole19 App.

The Hole19 Website is Free. There are no fees associated with the use of The Hole19 Website.

The Company reserves the right to change the prices and/or pricing structure of The Hole19 App and/or Hole19 Website at any time.

A Hole19 Premium subscription is available for different subscription periods (1, 3, 6 or 12 months) at the fees advertised in each moment. You can subscribe and pay through your iTunes account or Google Play account [from hereon referred to as "Store Accounts"]. In such cases, payment will be charged to Store Accounts at confirmation of purchase. You can also subscribe and pay in The Hole19 Website. Your subscription will automatically renew for the same period, unless cancelled at least 24 hours before the end of the current period. Subscriptions may be managed by you and auto-renewal may be turned off by going to your Account Settings, after purchase.

Corporate Contact

The User agrees to allow The Company to periodically send him or her Information regarding The Company’s Products and Services. The nature of Information includes but is not limited to Newsletters, Product and/or Service Updates, Special Offers and Promotions, Company News, and Third-party Advertising. The Company may contact the User via email or directly via the Hole19 Application, including but not limited to the form of “Push Notifications” and “In-app Notifications.” Users may opt-out of email contact by following “Unsubscribe” instructions provided at the bottom of emails from The Company.

For more on how The Company utilizes and protects Users’ personal information and other information gathered during their use of The Products, please refer to The Company’s Privacy Policy.

Agreement to Deal Electronically

All of The User’s transactions with or through the Application and/or The Site may, at The Company’s option, be conducted electronically from start to finish. If The Company decides to proceed non-electronically, those services will still be governed by the remainder of these Terms and Conditions unless The User enters into different terms on a form provided by The Company. If the law allows The User to withdraw this consent or if we are ever required to deal with The User non-electronically, The Company reserves the right to charge or increase fees and The User agrees to print or make an electronic copy of the Terms and Conditions of Use Agreement and any other contract or disclosure that The Company is required to provide to The User.

Unauthorized Use of Your Password

You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. All instructions transmitted by or received from anyone presenting your password on The Application and/or The Website are binding to you. You agree to guard your password carefully, with the full awareness that a failure to keep it secure may enable others to engage in transactions through The Application and/or The Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Stat Track Technologies, Lda immediately. You authorize Stat Track Technologies, Lda to refuse to accept any further orders placed under that password on your behalf and Stat Track Technologies, Lda will use commercially reasonable efforts to block such orders.

Rules & Responsibilities

The User agrees to not use The Application or The Website or The Company’s means of contact to:

1. Upload, post, email or otherwise transmit:

   • (a) any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

   • (b) any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

   • (c) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

   • (d) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose;

   • (e) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

2. impersonate any person or entity, including, but not limited to, The Company, a Company official, a forum leader, or a host, or otherwise misrepresent a User’s affiliation with a person or entity;

3. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

5. harm minors in any way;

6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

The Company shall have the right (but not the obligation) to monitor the content of The Application and The Website to determine compliance with this Agreement and any operating rules established by The Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on The Website.

Modifications and Interruption to Product(s) or Service(s)

Stat Track Technologies, Lda reserves the right to modify or discontinue its offering of The Products with or without notice to Users. The Company shall not be liable to any User or any Third Party should The Company exercise its right to modify or discontinue The Products or any product features at any time. By agreeing to The Terms and Conditions herein and by using The Application and/or The Website, The User acknowledges that The Company does not guarantee continuous, uninterrupted, or secure access to The Application and/or The Website. The User also hereby understands that the operation of The Application and/or The Website may be interfered with or adversely affected by numerous factors and circumstances outside of The Company’s control.

Termination

The Company may terminate The User’s access to all or any part of The Application and/or The Website at any time, with or without cause, with or without notice, effective immediately. The User may terminate this Agreement and his/her Hole19 Account simply by discontinuing use of The Products. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Jurisdiction

The Application and The Website are operated and provided under the jurisdiction of Portugal. As such The Products are subject to the laws of Portugal, and such laws will govern this Terms and Conditions of Use Agreement. We make no representation that The Application or The Website is appropriate, legal, or otherwise proper for use in other locations. If you choose to use The Products, you thereby agree to do so subject to the laws of Portugal.

Compliance With Laws

The User is responsible for knowledge of all laws that may be directly or indirectly applicable to use of The Hole19 App and Hole19 Website and agrees to comply with any and all such laws. The User may not use The Products to the extent that use violates applicable state, federal, or international laws, regulations, or other government requirements. The User further agrees not to transmit any material or carry out any other action that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

Third Party Sites

Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other Third Parties. Users acknowledge that The Company is not responsible for the availability of, or the content located on or through, any Third Party site. Users should contact the site administrator or webmaster for those Third Party sites if Users have any concerns regarding such links or the content located on such sites. Use of Third Party sites is subject to the terms of use and privacy policies of each site, and We are not responsible therein. The Company encourages all Users to review terms of use and privacy policies of Third Parties sites.

Any dealings with advertisers found on the The Company’s Website are solely between the User and that advertiser. The Company shall not be responsible for, or liable for, any losses or damages that occur in any dealing Users may have with any advertisers on The Website. Users agree to assume the sole risk in dealing with any of said advertisers.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While The Company makes every effort to ensure that the information on its Website is accurate, We make no representations or warranties as to the accuracy or reliability of any information provided on The Website. Any reliance on representations and warranties provided by any Vendor shall be at a User’s own risk.

Copyright & Trademark Information

All contents and arrangement of contents of The Application and The Website, including but not limited to their respective site design, user interfaces, copy/text, graphics, application features, and golf course data, are The Property of Stat Track Technologies, Lda and are protected by intellectual property rights. Any use of such Property from The Application and/or The Website without prior written permission of an authorized director of The Company is strictly prohibited. Such prohibited uses include but are not limited to reproduction, modification, distribution, or replication of The Company’s Property for personal, recreational, commercial or other use. Further, any form of data extraction or data mining, or other commercial exploitation of any kind is also prohibited. The User agrees they will not use any robot, spider, other automatic device, or manual process to monitor, copy, or extract content contained in The Application or The Website without prior written permission of an authorized director of The Company.

Hole19, Hole19 Golf, and Hole19 Golf GPS, are registered trademarks of Stat Track Technologies, Lda. The Company trademarks may not be used in connection with any product or service that is not provided by The Company, nor is it to be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Company. All third-party trademarks that may be displayed in The Application and/or The Website are trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Third Parties by The Company. Any use of Third Party trademarks or links to the websites of Third Parties neither express nor imply that such Third Party endorses or is in any way affiliated with The Company.

Disclaimer of Warranties

The Hole19 App and Hole19 Website are provided by The Company on an ‘as is’ basis. The Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of The Products or Information therein in terms of their correctness, accuracy, reliability, or otherwise. The Company shall have no liability for any permanent or temporary interruptions in the use of The Products. The Company disclaims all warranties with regard to information provided, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that its Product or Service will operate error-free or that The Application or The Website are free of computer viruses, malware, or other potentially harmful or intrusive software. If The User’s use of The Products were to result in the need for servicing or replacing equipment or data, The Company is not responsible for any associated costs.

Limitation of Liability

In no event shall Stat Track Technologies, Lda or any of its affiliates be liable for any damages whatsoever, particularly special, indirect, consequential, or incidental damages. Further, The Company shall not be liable for damages for loss of profits, loss of revenue, or loss of use, arising from or related to a User’s use of The Products or Information contained therein, regardless of whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise. The foregoing applies even if The Company has been advised of the possibility of such damages. Part or all of this Limitation of Liability provision shall not apply to the extent prohibited by applicable law.

User's Representation and Warranty

The User represents and warrants that (1) The User’s use of The Application and/or The Website will be in strict accordance with the Stat Track Technologies, Lda Privacy Policy, with This Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside), and (2) The User’s use of The Application and/or The Website will not infringe or misappropriate the intellectual property rights of any Third Party.

Indemnification

The User agrees to indemnify and hold harmless Stat Track Technologies, Lda and its parents, subsidiaries, affiliates, directors and employees that either have been, are now, or will be at any time in the future affiliated with The Company from any and all claims, demands, and expenses, including attorneys’ fees, made by any User or Third Party due to or arising out of User use of The Products, User violation of this Agreement, User infringement of intellectual property, or User infringement of any other right of any person or entity.

Other / Miscellaneous

If any provision within this Terms and Conditions of Use Agreement is rendered unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected and shall remain valid and enforceable to the maximum possible extent. You agree and understand that this Terms of and Conditions of Use Agreement and the other Agreements referenced herein may be assigned by The Company, at its sole discretion, to a Third Party in the event of a merger or acquisition. This Terms and Conditions of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between The User and The Company in relation to Your participation as a User. By accepting this Terms and Conditions of Use Agreement, the User consents to the the use and disclosure of their personal and other information and related practices as described in The Company’s Privacy Policy.