This License Agreement is between JCP Golf, LLC ("JCP Golf, we, us, or our") and the individual to whom JCP Golf has agreed to supply the online and/or digital services and materials (“you, your, or Customer”). The following terms and conditions govern your use of JCP Golf’s platform supplied by JCP Golf, LLC (the "Service") and the materials and content provided to you and available therein ("Materials"). These terms and conditions are applicable to the website, social media (when possible), and mobile applications owned by JCP Golf, LLC.

Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using JCP Golf’s platform (the “Service”) operated by JCP Golf, LLC.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service, and the products, features, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply.

By accessing or using the Service, you expressly agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

Ownership and License

JCP Golf’s platform and the information, computer code, and related functionality appearing, featured, or otherwise displayed on JCP Golf’s platform are owned by JCP Golf, LLC and protected under the copyright, trademark, and other laws of the United States. Subject to your compliance with these Terms, JCP Golf, LLC grants you a limited, nonexclusive, nontransferable, non-sublicensable license to use JCP Golf’s platform on a personal computer or mobile device solely for your own personal use in strict accordance with these Terms of Use. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on JCP Golf’s platform; (b) distribute, transfer, sublicense, lease, lend, or rent JCP Golf’s platform to any third party; (c) reverse engineer, decompile, or disassemble JCP Golf’s platform; or (d) make the functionality of JCP Golf’s platform available to multiple users through any means. JCP Golf, LLC reserves all rights in and to JCP Golf’s platform not expressly granted to you under these Terms.

Except as may be explicitly permitted through the platform, you may not copy, modify, upload, republish, display, post, license, create derivative works from, or transmit anything you obtain from JCP Golf’s platform, unless you first obtain our express written consent. Any rights not expressly granted herein are reserved to JCP Golf, LLC and its affiliates. You may not remove, obscure, or otherwise deface proprietary notices appearing on JCP Golf’s platform, or the content or information. Any unauthorized use of JCP Golf’s platform or its contents may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations, and statutes.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is substantially material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notice of any change may be given in any manner that complies with the law. We encourage you to review this page periodically for the most recent version of these Terms. Any use by a User of JCP Golf’s platform following notice of such changes shall be deemed to constitute acceptance by that User of those changes to the Terms and Conditions.

Permitted User

To use the Service, you must be over the age of 13 and reside in the United States.

Restrictions on Use

As a condition of your use of JCP Golf’s platform, you warrant to JCP Golf, LLC that you will not use JCP Golf’s platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use JCP Golf’s platform in any way that could damage, disable, overburden, or impair JCP Golf’s platform or interfere with any other party’s use and enjoyment of JCP Golf’s platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through JCP Golf’s platform. This includes without limitation the following: Provide false or misleading registration information, disclose your username and password to another party, or use an account, username, password or personal information of another user; harvest or collect information about any users of JCP Golf’s platform; use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure or presentation of JCP Golf’s platform or any content or information from JCP Golf’s platform; modify the information, content, programs or other materials on JCP Golf’s platform or hack into or access JCP Golf, LLC servers in an unauthorized manner; frame or mirror any part of JCP Golf’s platform, without the express permission of JCP Golf, LLC; upload or input to JCP Golf’s platform any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of JCP Golf’s platform. You agree that your use of JCP Golf’s platform may be suspended or terminated immediately upon receipt of any notice which alleges that you have used JCP Golf’s platform in violation of these Terms of Use and/or for any purpose that violates any local, state, or federal law of the United States or other jurisdictions, including but not limited to, the posting of information that may violate third party rights, may defame a third party, may be obscene or pornographic, may harass or assault others, or may violate any laws, rules or regulations, including hacking or other criminal regulations. You understand that actions in violation of these Terms of Use may subject you to serious civil and criminal legal penalties, and JCP Golf, LLC reserves the right to pursue penalties and other remedies to the fullest extent of the law to protect our rights.

Passwords and Security

JCP Golf’s platform may require registration. You agree that if you are issued a username and password in connection with JCP Golf’s platform, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions, or financial obligations. You are responsible for changing your password if you believe that your password or username has been lost, stolen, or might otherwise be misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.

Trademarks/Third Party Content

JCP Golf, LLC may display and distribute content and information supplied by third parties on JCP Golf’s platform. JCP Golf, LLC does not guarantee the accuracy, completeness, or usefulness of, or endorse, any content or information of any third party. Any opinions, advice, statements, services, offers, or other content or information expressed or made available by third parties are those of the respective author or distributor, and not JCP Golf, LLC. All trademarks, service marks, trade names, logos, trade dress, icons, or domain names located on JCP Golf’s platform are the property of JCP Golf, LLC, its affiliates, their respective licensors, or other third parties. Nothing contained on JCP Golf’s platform shall be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon or domain name displayed on JCP Golf’s platform, without the express written permission of JCP Golf, LLC or applicable third party that may own the marks or names displayed on JCP Golf’s platform. Your use of the trademark, service mark, trade name, logo, trade dress, icon, or domain name displayed on JCP Golf’s platform, or any other content or information on JCP Golf’s platform, except as provided herein, is strictly prohibited.

Disclaimer of Warranties

JCP GOLF, LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT JCP GOLF’S PLATFORM, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH JCP GOLF’S PLATFORM, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH JCP GOLF’S PLATFORM. ALL INFORMATION AND USE OF JCP GOLF’S PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. JCP GOLF, LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES

WITH REGARD TO JCP GOLF’S PLATFORM, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF JCP GOLF’S PLATFORM, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH JCP GOLF’S PLATFORM, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. JCP GOLF, LLC DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH JCP GOLF’S PLATFORM ARE ACCURATE, RELIABLE OR CORRECT; THAT JCP GOLF’S PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH JCP GOLF’S PLATFORM ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF JCP GOLF’S PLATFORM IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE JCP GOLF, LLC’S SERVICES OR PRODUCTS FROM JCP GOLF, LLC, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE, AND USE OF JCP GOLF’S PLATFORM DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU, BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL JCP GOLF, LLC BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE JCP GOLF’S PLATFORM, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF JCP GOLF’S PLATFORM, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH JCP GOLF’S PLATFORM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JCP GOLF, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JCP GOLF, LLC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.

Indemnification

You agree to defend, indemnify and hold harmless JCP Golf, LLC, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, sales associates, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of JCP Golf’s platform, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms and Conditions of Use, or your failure to comply with applicable laws in your use of JCP Golf’s platform. JCP Golf, LLC has the right to an attorney of its choosing at your expense. Any use of the platform which may result in demands or requests for disclosure in discovery, verification of information, or any other information to be provided by JCP Golf, LLC shall be covered under the above indemnification agreement.

Governing Law

JCP Golf’s platform is controlled by JCP Golf, LLC, from its offices within the State of Mississippi in the United States of America. To the fullest extent permitted by applicable law, these Terms of Use and any actions or claims arising out of or in relation to these Terms of Use or the use of JCP Golf’s platform will be governed by and construed in accordance with the statutes and laws of the State of Mississippi, without regard to its conflicts of laws principles. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive jurisdiction of the federal and state courts in Mississippi, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. You understand that the rights and information available are complicated and require highly technical skills and understanding; for this reason, you waive any request to a trial by jury on any matter related to the use of JCP Golf’s platform.

Copyright and Trademarks

The trademarks and logos used and displayed on JCP Golf’s platform are JCP Golf, LLC’s, or its subsidiaries' or affiliates’ registered and unregistered trademarks. JCP Golf, LLC is the copyright owner or authorized licensee of all text and all graphics contained on JCP Golf’s platform. All trademarks and service marks of JCP Golf, LLC that may be referred to on JCP Golf’s platform are the property of JCP Golf, LLC. Other parties’ trademarks that may be referred to on JCP Golf’s platform are the property of their respective owners. Nothing on JCP Golf’s platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of JCP Golf, LLC’s trademarks without its prior written permission. JCP Golf, LLC aggressively enforces its intellectual property rights. Neither the name of JCP Golf, LLC nor any of its other trademarks or copyrighted materials may be used in any way, including, without limitation, in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to JCP Golf’s platform or otherwise, without JCP Golf, LLC’s prior written permission. If you believe that any content on JCP Golf’s platform violates any intellectual property right of yours, please contact JCP Golf, LLC at hello@stemtosummit.com. Should we determine that you have violated this Agreement by reproducing or otherwise using our Trademark or other information or graphics without our permission, you will be restricted from accessing JCP Golf’s platform, and any orders or gift cards will be cancelled with no refund and will be subject to all legal action available under the law.

Contact

These Terms constitute the entire agreement between you and JCP Golf, LLC regarding your use of JCP Golf’s platform. If you have any questions regarding these Terms, please contact us at hello@stemtosummit.com.