END USER LICENSE AGREEMENT

Terms and Conditions of Use

LAST UPDATED: January 12, 2022

The Swing Index is a product of Swing Index, Inc., (“Swing Index”) and Swing Index makes it available and its web site (collectively “Site”) available to individuals and the content displayed on the Site. Swing Index also makes available to users (“End Users”) who have subscribed to receive access to the Swing Index’s apps and content and other materials (the “Platform”) (collectively, with the Content on the Site, the “Materials”) subject to their agreement to the following terms and conditions, and for any user that is a minor, subject to the required parental or guardian’s approval.

Please read these Terms and Conditions of Use (“Terms”) carefully before using this Site. By your affirmative act of accessing and using this Site, you acknowledge and agree that you have read and are bound by the terms and provisions of these Terms. If you are an End User, you are agreeing to additional terms specified below under the heading “Additional End User Terms.” As used in these Terms, the words “you” and “your” refer to any person accessing the Site, and includes End Users. The words “we,” “us,” and “our” refer to Swing Index. We reserve the right to modify, alter, or otherwise update these Terms and Conditions at any time. We will post any such change at this Site, so you are encouraged to review these Terms and Conditions from time to time. Your continued use of our Site following the posting of changes to these Terms and Conditions will constitute your acceptance of any and all posted changes.

1. Information is Provided Solely for Informational Purposes

ALL MATERIALS ON OUR SITE ARE PROVIDED SOLELY FOR YOUR INDIVIDUAL INFORMATIONAL PURPOSES. ALTHOUGH WE STRIVE TO PROVIDE TO END USERS OF THE SWING INDEX PLATFORM THE LATEST DEVELOPMENTS RELATING TO OUR SERVICE AREAS, WE DO NOT WARRANT THE ACCURACY, EFFECTIVENESS, OR SUITABILITY OF ANY MATERIALS.

2. Ownership of Site and Contents; Downloading

This Site and the Materials are owned by Swing Index and its licensors. Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, links, logos, icons and other items and other materials that are part of or posted on our Site (collectively, the “Content” and all information made available to End Users via the Swing Index Platform) are copyrighted works, trademarks, or other intellectual property owned or licensed by Swing Index.

The Content of our Site and the Site as a whole are intended solely for your personal use. You may download or copy the Content displayed on our Site for such uses, provided that you understand and agree that you may not remove, alter or cover any copyright or other proprietary notices placed on our Site or the associated Content.

3. Restrictions on the Use of this Site

You are responsible for all activity related to your access or use of the Site and the Materials. You also are responsible for all activities under your password or registered account, if any, by you or if others use your relevant information to access and use the Site. In addition to the other restrictions contained in this Agreement, you acknowledge and agree that you will not, directly or indirectly, (1) disguise the origin of information transmitted to or through this Site, (2) access or use this Site, or any part of the Materials for any purpose or in any manner inconsistent with the terms and provisions of this Agreement, (3) violate any federal, state, local or jurisdictional law, rule or regulation while accessing or using this Site or the Materials, (4) infringe upon or violate the intellectual property rights, privacy rights, moral rights, rights of attribution or any other similar rights of any individual or entity while accessing or using this Site or any part of the Materials or posting any content or information on the Site, (5) post, publish or transmit any information on this Site or using the Platform that is abusive, defamatory, false, harassing, inaccurate, inappropriate, libelous, misleading, offensive, obscene, sexually explicit, threatening, unlawful, vulgar or otherwise objectionable, (6) post or publish any information on this Site or using the Platform that is intended to advertise or solicit business, including any multi-level marketing scheme, or that is a chain letter or part of a pyramid scheme, (7) harvest or collect information from the Site or using the Platform (including any user information) for the purpose of sending unsolicited bulk e-mail or other forms of unsolicited bulk communications, (8) install, upload or otherwise introduce any material to this Site or the Platform that contains any time bombs, Trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with this Site or the Materials, (9) frame or utilize framing techniques to enclose any portion or aspect of any of the Material, (10) corrupt, hack, modify or otherwise tamper with this Site or any of the Materials, (11) impersonate any individual or misrepresent your affiliation with any individual or entity, (12) access or use this Site or the Platform in any manner that reflects negatively on our reputation or goodwill or (13) post content or information in areas of the Site or on the Platform not expressly designated and approved by us for posting.

4. Links to Other Web Sites

This Site may contain links to websites and resources owned by other individuals and entities (collectively, the “ Third Party Sites”). If you decide to visit the Third Party Sites, you acknowledge and agree that (1) you do so at your own risk, (2) it is your responsibility to guard against time bombs, Trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with your computer system, (3) we are not endorsing, nor are we responsible for, the information, advertising or the content contained on the Third Party Sites, or the products or services promoted, offered by or sold on the Third Party Sites, (4) your access to and use of the Third Party Sites is subject to the Third Party Sites’ terms and conditions of use (including their respective privacy policies), (5) we are not making any representations or warranties regarding the accuracy, appropriateness, availability, completeness, freedom from viruses, performance, quality, security or timeliness of the Third Party Sites or their content.

5. Disclaimer

OUR SITE AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR ACCURACY. YOU ACKNOWLEDGE BY YOUR USE OF OUR SITE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT SWING AI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

6. Limited Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, WE, ON BEHALF OF OURSELVES, OUR LICENSORS AND SUBSCRIBERS, (“INDEMNIFIED PARTIES”), EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR LOSSES, INCLUDING DAMAGES FOR LOSS OF USE OF THE MATERIALS OR THE CONTENT, LOST ACCESS TO THIS SITE, LOST PROFITS, OR OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF, CONNECTED WITH OR RELATED TO (1)YOUR ACCESS TO OR USE OF THE SITE, PLATFORM, OR ANY OF THE MATERIALS, THE THIRD PARTY SITES OR THE INTERNET, (2) YOUR POSTING, PUBLISHING OR TRANSMITTING OF ANY USER INFORMATION ON, THROUGH OR TO THIS SITE OR THE THIRD PARTY SITES, (3) ANY DISCONTINUATION, SUSPENSION OR TERMINATION OF THE SITE, THE PLATFORM, OR ANY OF THE MATERIALS, (4) ANY THIRD PARTY STATEMENTS OR CONDUCT ON THE SITE, (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (6) THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, TIMELINESS, SUITABILITY, USEFULNESS OR APPLICABILITY OF ANY MATERIALS AVAILABLE THROUGH THE SITE OR THE PLATFORM, OR (7) YOUR VIOLATION OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, EVEN IF WE WERE ADVISED OF SUCH POSSIBILITY, OR IF SUCH CLAIM, DAMAGE, EXPENSE OR LOSS WAS FORESEEABLE IN ANY WAY.

IN THE EVENT ANY INDEMNIFIED PARTY IS FOUND TO BE RESPONSIBLE TO YOU FOR ANY CLAIM, DAMAGE, EXPENSE OR LOSS, SUCH INDEMNIFIED PARTY SHALL BE LIABLE ONLY FOR ACTUAL CLAIMS, DAMAGES, EXPENSES OR LOSSES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR REMEDIES CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE.

7. E-commerce Terms

If you are purchasing products from Swing IndexI through our website and a related third party e-commerce transaction platform, you hereby agree to the terms and conditions of that transaction as well as to these Terms and Conditions. As such, the purchase of a Swing Index product is expressly made subject to these terms and conditions which includes a non-refundable purchase except in the case where the Swing Index Product is not available for more ten (10) consecutive days or is not otherwise functioning as advertised for more than seven (7) consecutive days.

8. Miscellaneous Terms

Except to the extent expressly provided in another written agreement between you and us, this Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof, and it supersedes any prior agreements between you and us with respect to the subject matter hereof. If any term or provision under this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or provision of this Agreement shall be deemed to be a further or continuing waiver of such term or provision, or of any other term or provision. We may assign our rights and obligations under this Agreement to any individual or entity at any time and without notice to you. The section headings used in this Agreement are for convenience only and have no legal effect.

9. Additional End User Terms

Access to the Swing Index Platform and related Materials are provided only to Swing Index subscribers and their End Users. Before an End User is permitted to access to the Swing Index Platform and Material, the End User must have given valid, legal consent to the Terms and the Privacy Policy.

10. Privacy Policy

Any Personally Identifiable Information and other data that we receive from you or collect as a result of your use of this Site and/or the use of the Swing Index Platform is subject to the terms and provisions of the Privacy Policy.

Questions

If you have questions about our User Agreement Terms or the Privacy Policy contained in this document, you can contact us via email at: info@swingindex.golf.

If you experience technical problems with the operation of our Website, contact us via email at: support@swingindex.golf.

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