LAST UPDATED: June 10, 2019

Welcome to Gimme, LLC ("Gimme" or "we" or "us" or "our"), a digital marketplace where golfers buy and sell new or used golf equipment, golf clothing, and any other golf-related items.

Gimme provides a website located at www.gimmegolf.app (the "Site"), mobile application ("Mobile App"), and services provided through the Mobile App ("Services"). These terms of service (the "Terms" or "Terms of Service"), together with our Privacy Policy (which is incorporated herein by reference) and other applicable terms and documents referenced herein, collectively form this "Agreement" and govern your use of the Site, Mobile Apps and Services (collectively, the "Platform"), whether or not you have created an account.

By using or otherwise accessing the Platform, and/or by creating an account with us, you agree to the terms of this Agreement, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES. Please note that we offer the Services "AS IS" and without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf. You may not access or use the Services or accept the Agreement if you are not at least 18 years old.

We strive to improve the Services for you, so our Terms may change from time to time. We’ll make sure to change the "Last Updated" date at the top of this page so you can tell if these Terms have changed since your last visit. In the event of a material change, We shall notify you via message or by means of a prominent notice on the Gimme Platform. By continuing to use the Gimme Platform following such modifications, you agree to be bound by such modifications. If you are not comfortable with the provisions of these Terms or with any changes that we make to these Terms, please do not use the Gimme Platform.

1. The Gimme Platform.
   1. Description of Platform Services. The Gimme Platform provides a self-service marketplace for buyers and sellers ("Users") of golf equipment, golf clothing, and any other golf-related items ("Products") to find, connect, interact and transaction with each other.
   2. No Agency or Endorsement. You expressly acknowledge and agree that all Users are independent individuals and/or entities and not Gimme’s contractors, agents or employees. We do not make any representations or warranties of any kind with respect to any User or Product, nor shall Gimme be deemed to endorse any User or Product. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any User or Products, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We are not a party to any transaction with another User, and we are in no way responsible for the performance or non-performance of any User thereunder or the quality or lack thereof of any products sold or purchased through the Gimme Platform.
   3. Email and Postings. The Gimme Platform may provide users with the ability to send email messages to other users and non-users and to post messages. We are under no obligation to review any User Content, as defined below, (including any messages) posted on or sent through the Gimme Platform by users and assume no responsibility or liability relating to any such User Content. Gimme, in its sole discretion, may monitor, not post or remove any such User Content.
   4. Consent to Receive Periodic Messages and Communications. As part of the Gimme Platform, you may receive emails, SMS texts and push notifications from us, as well as other Users that you decide to communicate with directly. By signing up and providing your email address, you agree to receive these communications from us, and as applicable, from other Users. All notices from Gimme intended for receipt by you shall be deemed delivered and effective when sent to the email address you provided when you registered for the Gimme Platform. We promise to safeguard these communications and not share them with any third party except in limited instances clearly outlined in our Privacy Policy. To stop receiving emails or text messages, please email us at support@gimmegolf.app. Wallet related emails cannot be disabled for security purposes.

   5. By accessing the Platform, you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for our Services or provide any contact information, including an email address or cellphone number in connection with that activity, or service ("Contact Information"), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.

2. Neutral Venue, Returns and Refunds.

   The Gimme Platform functions solely as a neutral venue and is to be used as a general resource. We are not involved in or a party to any actual transactions between Users or between Users and other third party websites, applications or entities even if you link to them through the Gimme Platform ("Third Parties"). As a result, Gimme has no control over the quality, accuracy, safety, or legality of the transactions that take place on the Gimme Platform, and we are absolutely not responsible for the actions or inactions of any Users or Third Parties. Any dispute you have with a User is between you and the User or Third Party, and we will not be a party to that dispute. However, we want to try to help if there are issues, so if you are unable to resolve a dispute, Gimme may use commercially reasonable efforts to mediate and arrive at a mutually agreed upon resolution.

   All Users who sell Products are required to provide their return/refund policy in each Product listing and Users who purchase Products should make sure to review such policy prior to purchase. As it relates to Users purchasing Product(s) from other Users, the underlying default policy (as long as the Product's Condition was described accurately in the Product listing), is that the purchase are non-refundable unless the Seller agrees to make an exception. If the User that purchased the Product believes the Product is not in the condition as described in the Product listing, the User must open a "Dispute" through the app or send a "Refund Request" to contactus@gimmegolf.app and include a detailed description of the issue and a picture of the Product as it was received.

   Gimme Store. Users may return Product(s) purchased from the Gimme Store in the same condition as they were received by the User, within thirty (30) days from the date of purchase. The User must pay shipping costs for the return unless the item was received in a condition that was not as described in the Product listing (i.e. if item was received broken).

3. Access, Rights and Restrictions.
   1. Registration. In order to use the Gimme Platform and certain Services in particular, you must create an account ("Account") with us. When creating or updating an Account, you are required to provide certain personal information ("Account Information") as prompted by the registration form. You agree to provide accurate, current and complete information in connection with your registration and use of the Gimme Platform and agree to maintain and promptly update your Account Information as necessary to maintain its accuracy. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. Gimme reserves the right to suspend or terminate access to and use of the Gimme Platform, or any portion thereof, on the basis of inaccurate or incomplete Account Information. Account Information will be held and used in accordance with the Privacy Policy.
   2. Access Grant. Subject to your compliance with this Agreement, we grant to you a non-exclusive, non-transferable, non-sublicenseable, right to access and make personal use of the Gimme Platform. Except for the limited rights granted herein to access the Gimme Platform, we reserve all right, title and interest in and to the Gimme Platform, including all software, programming interfaces and other technology underlying the user interface and online services through which you interact with Gimme and other Users, and all content, updates, upgrades and improvements to the Gimme Platform.
   3. Mobile App Specific Terms. You may agree to be bound by other terms regarding use or installation of the Mobile Apps and such terms continue to apply regardless of you agreeing to be bound by these Terms except to the extent such other terms conflict with any of these Terms, these Terms shall apply. To use our Mobile App you must have a mobile device that is compatible with the Mobile App. We do not warrant that the Mobile App will be compatible with your mobile device. We grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile App for one registered account owned solely by you. You agree not to distribute or modify the Mobile Apps. You agree to always only use the latest available version of the Mobile Apps and acknowledge that any use of an older version of the Mobile Apps may result in some or all parts of the Gimme Platform or Service to not be available or to function properly. You agree not to reverse engineer, decompile or otherwise attempt to view the source code for the Mobile Apps. You acknowledge that we may from time to time issue upgraded versions of the Mobile App, and may upgrade automatically to your mobile device the version of the Mobile App that you are using. You consent to such automatic upgrading and agree that this Agreement will apply to all such upgrades. We may elect to provide you with support or modifications for the Mobile App ("Support"), in our sole discretion, and we may change, reduce or terminate such Support at any time without notice to you. We reserve the right to charge fees for Support. Any use of third-party software provided in connection with the Services will be governed by such third parties’ licenses and not by this Agreement. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an "App Store"). You acknowledge that this Agreement is between you and Gimme and not with an App Store or provider of the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply.
   4. User Names and Passwords. You will safeguard your user name and password. You will notify us immediately if you learn of any unauthorized use of your user name and password or any other known or suspected breach of security.
   5. Restrictions. You will not: (i) adapt, alter, modify, improve, translate or create derivative works of the Gimme Platform; (ii) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or obtain the source code to all or any portion of the Gimme Platform; or (iii) provide any third party access to the Gimme Platform. You may not access or use the Gimme Platform for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes. You will not use the Gimme Platform to upload, download, display, perform, transmit, or distribute any User Content (defined below) that is, nor will you engage in any activities that are, infringing, libelous, defamatory, erroneous, misleading, deceptive, offensive, hateful, obscene, pornographic, abusive, threatening, tortious, in violation of any privacy or intellectual property rights, or otherwise unlawful, or to transmit malicious code, viruses, time bombs, Trojan horses, or similar mechanisms, scripts, agents, bots or programs. Gimme strictly prohibits any other use of any content available through the Gimme Platform, including but not limited to: any downloading, copying or other use of the content or the Gimme Platform for purposes competitive to Gimme or for the benefit of another vendor or any third party.
   6. Responsibility for User Content. You are solely responsible for any and all documents, messages, queries, and any other text, content, information or data (the "User Content"), which you submit, make available, or use with respect to the Gimme Platform. You represent and warrant that all of your User Content is accurate and not misleading and is not in violation of any third party rights. Other than your User Content which constitutes Confidential Information (as defined below), your User Content is not confidential or privileged, and you waive rights of privacy or publicity in connection with your User Content. You may not upload to, distribute or otherwise publish through the Gimme Platform any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws; may contain software viruses or malware; is designed to impersonate others; contains personal information (such as Social Security numbers, payment card numbers or account numbers), except where we expressly ask you to provide such information; contains messages by non-spokesperson employees of Gimme purporting to speak on behalf of Gimme or containing confidential information or expressing opinions concerning Gimme; contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; contains multiple messages placed within individual folders by the same user restating the same point.
   7. Rights in Submissions. With respect to any User Content you submit or make available through the Gimme Platform (other than personal or Confidential Information), you grant to Gimme a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive, sub-licensable, right and license to use, copy, modify, create derivative works from, display and distribute, via any present or future medium, your User Content in order to provide the Gimme Platform and Services pursuant to this Agreement. User Content (excluding any personal or Confidential Information) transmitted to certain parts of the Gimme Platform, may be posted in public areas on the Gimme Platform, including without limitation in a compilation format, and as such will be publicly visible and accessible.
   8. Use of Content. You must evaluate, and will bear all risks associated with, the use of or reliance on content obtained through the Gimme Platform. We will not pre-screen or actively review content or User Content, but we may refuse or delete any User Content of which we become aware that fails to fulfill the purpose of the Gimme Platform, is in breach of this Agreement, is contrary to law, or is otherwise inappropriate in our discretion. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, liability for any errors, inaccuracies, or omissions therein, or for any loss or damage of any kind incurred as a result of the use thereof. We will have no obligation or liability to you to maintain, store, or license any User Content.
   9. Feedback. We may use any reports, comments, ratings, reviews and suggestions in any form regarding the Gimme Platform and/or Users that you provide to us (collectively, the "Feedback"). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services.
   10. Other Applications. The Gimme Platform may (but we are not required to) enable your access to third party websites and applications ("Other Applications"). We do not control Other Applications. You are solely responsible for your use of the Other Applications, including compliance with all terms, rules and policies with respect to such Other Applications. Under no circumstances will we be liable in any way for Other Applications, including any inability or failure to enable access to Other Applications from the Gimme Platform.
   11. Availability of Platform. Gimme reserves the right to modify the Gimme Platform from time to time and makes no guarantees as to the continuous availability of the Gimme Platform or of any specific feature(s) or functionality(ies) of the Gimme Platform.
   12. Termination. You may disable your Account at any time, for any reason, by contacting Gimme support at support@gimmegolf.app. You may reopen your Account or request access to Account Information at any time. Gimme will maintain your Account Information for two (2) years from your last log-in. Gimme may terminate your account and refuse any and all current or future use of the Gimme Platform, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that Gimme determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Gimme determines, in its sole discretion, that you are using your account in a manner not permitted by these Terms, or (4) in other circumstances, as Gimme deems appropriate in its sole discretion. Termination of your access or use will not waive or affect any other right or relief to which Gimme may be entitled, at law or in equity.
4. Payment.
   1. The price of any Product will be the price agreed between buyer and seller.
   2. Platform Fees.
      1. Gimme shall be entitled to a fee or commission for each Product sold through the Platform ("Commission"). The Commission shall be derived from either a charge for the listing of the Product on the platform or from the Price for each Product, plus any applicable tax and shall become due and owing upon the payment for the Product.
      2. Other Fees. Certain Fees apply to certain of the Services available through the Platform. For example, these Fees may be applied if/when you transfer funds from the Wallet to your bank account. Any such Fees will be provided at the time you elect to engage certain Services, and you will need to agree to them in advance of your use of such Service.
      3. Users may opt to receive additional benefits, i.e. no fees for sales, preferred placements of Products, etc. ("Premium Services") for an annual subscription ("Premium Service Fee")
   3. Gimme uses a third party payment partner called "Stripe" to handle credit card transactions. It’s important to note that we do not store any payment information or process any of your payments on our servers. Any information regarding your payment processing and security must be verified in Stripe’s own Terms of Service Agreement and Privacy Policy. Stripe may provide us with unique authentication tokens to make payments requests with. Stripe may also provide us with information such as your name, credit card type, expiration date, and the last four digits of your credit card number. This information is used only for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identifying possible fraudulent transactions, and otherwise as needed to manage the Gimme Platform.
   4. In order to use certain functionalities of the Gimme Platform, and/or the Wallet service, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. The Wallet is a separate account maintained by our third party payment partner ("Dwolla") that enables Users to transfer funds to other Users and make purchases with money stored in the Wallet. Any funds held in the Dwolla account or in your Wallet are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize Gimme to share your Personal Information, as applicable, with Dwolla for the purposes of opening and supporting your Dwolla account and/or Wallet, and you are responsible for the accuracy and completeness of that information. You understand that you will access and manage your Dwolla account and/or Wallet through the Gimme Platform, and Dwolla account and/or Wallet notifications will be sent by Gimme, not Dwolla. Gimme will provide basic customer support for your Dwolla account and/or Wallet activity, and can be reached at support@gimmegolf.app. Users will use Dwolla and/or any other third party payment partner provided by the Gimme Platform for making all payments hereunder, and all such payments shall be subject to the terms and conditions and privacy policy of the respective payment partners. Gimme is not and will not be responsible or liable for any acts or omissions of Dwolla or any other third party payment partner.
   5. If, for any reason, any fees you owe Gimme have not been received or in any manner realized by Gimme ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. In addition, Gimme may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees.
   6. You recognize that Gimme has proprietary relationships with its Users (the "Protected Parties"). You hereby agrees that you will not, directly or indirectly, contact, deal with or otherwise involve yourself with any Users introduced, directly or indirectly, by or through the Gimme Platform, for the purpose of avoiding the payment of the Commission to Gimme or otherwise, without the prior written approval of Gimme. You agree that your obligations in this Section are necessary and reasonable in order to protect Gimme and its business. Accordingly, you agree that, in addition to any other remedies that may be available, Gimme shall be entitled to seek injunctive relief against the threatened breach of this Section or the continuation of any such breach, without limiting any other rights and remedies to which the Gimme may be entitled to at law or in equity.
5. Gimmies.
   1. Earning Gimmies. "Gimmies" means unit of value which can be earned for completing certain Qualifying Activities within the Gimme Platform and redeemed for future transactions at the Gimme Store and by Users who accept them as a form of payment on the Gimme Platform. Gimme Users earn and redeem Gimmies pursuant to the terms and conditions set forth below:
      1. You can view your Account Balance at any time by logging into your Account and/or Wallet. "Gimmies Balance" means the number of Gimmies you have earned for use that have not yet been redeemed.
      2. "Qualifying Activity" means a purchase of Products through the Gimme Platform or other activity provided through the Gimme Platform in which you can earn Gimmies. Qualifying Activities are determined by Gimme and may change from time to time without notice.
      3. Gimmies earned or accumulated shall at all times remain the property of Gimme. Gimmies have no cash equivalent or similar value except to redeem for rewards through the Platform. Gimmies may not be redeemed for cash.
      4. Gimmies should appear in a User’s Account Balance within five (5) business days after they are earned. Gimmies may only be redeemed after they appear in a User’s Account Balance.
      5. Gimmies may be deducted from a Member’s Account Balance as the result of a return of purchased merchandise, a request for a refund for services, or an unresolved dispute with another User over the completion of a Qualifying Activity.
      6. We reserve the right to grant Gimmies to select Users or to all Users, according to criteria established by us in our sole discretion, as part of our periodic marketing activities and promotions.
   2. Redeeming Gimmies. When you redeem your Gimmies, the number of Gimmies in your Account will be reduced by the number of Gimmies used in the applicable transaction.
      1. Unredeemed Gimmies will expire thirty six (36) months from the date on which a User last used their Account .
      2. All redemptions of Gimmies are final.
      3. Gimmies may not be redeemable for certain transactions or Products. Certain transactions or Products may only be paid for with a certain amount or percentage of Gimmies.
6. Confidential Information.
   1. "Confidential Information" means any and all confidential or proprietary information regarding the disclosing party or its businesses which may include without limitation: (a) trade secrets; (b) ideas, samples, media, works of authorship, models, products and services (current, future, and proposed) experimental work, development, design details and specifications, financial information; and (c) all other information that the receiving party knew, or reasonably should have known, was the Confidential Information of the disclosing party. "Confidential Information" shall not include information: (a) that was independently developed by the receiving party in a manner not otherwise in violation or breach of this Agreement; (b) that was rightfully known to the receiving party prior to receipt from the disclosing party; or (c) becomes generally available to the public or known to the receiving party by any means, including from a third party, not involving breach of an obligation of confidentiality with respect to such information. For the avoidance of doubt, all of our APIs, documentation, code, software, technologies, processes, data, and all other non-public information regarding the Gimme Platform is deemed to be Confidential Information of Gimme.
   2. Obligations. The receiving party agrees that at all times and notwithstanding any termination or expiration of this Agreement it will hold in strict confidence and not disclose to any third party any Confidential Information of the disclosing party, except as approved in writing by the disclosing party, and will use the Confidential Information of the disclosing party for no purpose other than as contemplated herein. The receiving party (whether you or us) will protect the confidentiality of the disclosing party’s Confidential Information with the same degree of care, but no less than reasonable care, as used to protect receiving party’s own confidential information of a similar nature. Each party will limit the distribution and communication of such Confidential Information only to employees or agents of the receiving party or the receiving party’s affiliates with a need to know for the purposes contemplated by this Agreement. If receiving party is required pursuant to a legal proceeding or other legal or regulatory requirement to disclose any Confidential Information, reasonable prior notice will be given to the disclosing party in order to contest or limit such disclosure. Each party agrees that the other party may suffer irreparable harm if a party fails to comply with its obligations set forth herein (including other obligations pertaining to intellectual property rights, and the parties agree that the non-breaching party will, in addition to any other remedies available at law or in equity, be entitled to the issuance of injunctive relief to enforce the provisions hereof as well as seek specific performance, immediately and without the necessity of posting a bond.
7. Representations and Warranties.
   1. By Gimme. We represent and warrant that: (a) we have the right, power and authority to enter into and to perform pursuant to this Agreement; and (b) the Services we provide hereunder will be performed in a professional and workmanlike manner in accordance with industry standards. In the event that Gimme breaches this warranty, Gimme will, to the extent possible, re-perform the Services in a manner consistent with the warranty, with the understanding that re-performance is the sole and exclusive remedy for any breach.
   2. By You. You represent and warrant that: (a) you have the right, power and authority to enter into and to perform pursuant to this Agreement, including granting to Gimme any licenses hereunder for the purposes contemplated herein; (b) none of Your User Content, in Gimme’s sole discretion, (i) is defamatory, libelous or obscene, or contains pornography or is sexually explicit (ii) violates or infringes upon the rights of others, including the right of privacy or publicity of any person or any of your confidentiality obligations or other obligations under this Agreement, (iii) promotes illegal activities or communicates hate or discrimination based on race, sex, religion, nationality, sexual orientation or age, (iv) contains materials that promote or glorify violence, firearms or other weapons, (v) contains materials promoting gambling or sales or use of alcohol, tobacco or firearms, is misleading or deceptive, or (vi) violates any applicable laws, regulations or self-regulatory guidelines; and (c) you will comply with all applicable federal, state, and local laws and regulations in connection with your use of the Gimme Platform.
   3. Violations. You agree to inform Gimme immediately if you discover any breaches of the obligations set forth above.
8. DMCA Copyright Policy.
   1. We respect the intellectual property of others and ask that Users of the Gimme Platform do the same. In connection with the Gimme Platform, we have adopted and implemented a policy respecting copyright laws that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of the Accounts of Users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
      1. your physical or electronic signature;
      2. identification of the copyrighted work(s) that you claim to have been infringed;
      3. identification of the material on our Services that you claim is infringing and that you request us to remove;
      4. sufficient information to permit us to locate such material;
      5. your address, telephone number, and e-mail address;
      6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
      7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
   2. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
   3. Our designated Copyright Agent may be reached at: support@gimmegolf.app
   4. Submitting a DMCA Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated Copyright Agent that includes all of the following information:
      1. Your physical or electronic signature;
      2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
      3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
      4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Gimme may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
9. Disclaimer of Warranties.
   1. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE GIMME SERVICES AND GIMME PLATFORM (INCLUDING OUR CONTENT PROVIDED IN CONNECTION WITH THE GIMME PLATFORM) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE GIMME PLATFORM IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE OF THE GIMME PLATFORM OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GIMME, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
   2. YOU ACKNOWLEDGE THAT GIMME DOES NOT CONTROL THE USER CONTENT OF ANY USERS OF THE GIMME PLATFORM OR ANY OTHER THIRD PARTY CONTENT, INFORMATION OR MATERIALS INCLUDING ANY OTHER APPLICATIONS. AS SUCH, GIMME IS NOT RESPONSIBLE FOR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF ANY USER CONTENT FOR ANY PURPOSE. GIMME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE.
   3. FURTHERMORE AND WITHOUT LIMITATION, GIMME DOES NOT WARRANT THAT: A) INFORMATION ON THE GIMME PLATFORM IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; B) THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR C) THE USE OF GIMME’S SERVICES WILL RESULT IN ANY PARTICULAR RESULTS.
   4. GIMME MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE GIMME PLATFORM OR SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. WE ASSUME NO RESPONSIBILITY FOR YOUR ABILITY TO OBTAIN ACCESS TO THE SERVICES. WE DO NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY USER CONTENT, MATERIALS, COMMUNICATIONS, ACCOUNT INFORMATION OR PERSONAL SETTINGS. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, SERVERS, OR OTHER REASONS.
   5. You agree that Gimme has made no agreements, representations or warranties other than those expressly set forth herein, and that no future agreement, representation or warranty with regard to Services provided under this Agreement shall be effective unless expressly stated in a written amendment to this Agreement signed by both you and Gimme.
10. Privacy.

    Gimme’s privacy practices are governed by Gimme’s privacy policy, the most updated copy of which can be found at www.gimmegolf.app/privacy ("Privacy Policy"). The Privacy Policy does not cover the information practices exercised by any third parties that Gimme does not own or control.

11. Limitation of Liability.
    1. LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH THE GIMME PLATFORM OR SERVICES, OR ANY MATERIALS, OR PRODUCTS THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GIMME PLATFORM OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GIMME BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIMME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE GIMME PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE GIMME PLATFORM; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GIMME BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THESE LIMITATIONS OF LIABILITY, WE WOULD NOT PROVIDE THE GIMME PLATFORM OR RELATED SERVICES TO YOU.
    3. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    4. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
12. Indemnification.

    You agree to defend, indemnify and hold harmless Gimme, and its respective employees, agents, officers, directors, affiliates and representatives from damages, liabilities, costs and expenses (including reasonable attorneys’ fees) (collectively, "Losses") resulting from any and all claims, judgments or proceedings (collectively, "Claims") arising directly or indirectly out of: (a) your use of the Gimme Platform or Services including any acts or omissions taken in reliance on the Services; (b) your User Content; (c) your breach of this Agreement; or, (d) your infringement of any third party rights or violation of applicable law or regulation. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

13. Termination.
    1. Term. This Agreement shall commence on the day you first access the Gimme Platform and shall continue in full force and effect for so long as you use the Gimme Platform or until terminated by either party in accordance with this Agreement. Gimme may terminate this Agreement and/or disable your Account for any reason or no reason at any time upon notice. You may disable your Account at any time, for any reason, by email to support@gimmegolf.app. In the event your account is terminated or cancelled, you will forfeit all earned and unredeemed Gimmies in your Account Balance. YOU ACKNOWLEDGE THAT GIMME IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SERVICES OR GIMMIES WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
    2. Termination for Cause. Gimme may terminate this Agreement for cause upon ten (10) days’ notice of a material breach if such breach remains uncured at the expiration of such period.
    3. Suspension. We may immediately suspend or terminate your access to all or any portion of the Gimme Platform if we become aware or reasonably suspect that: (a) your use of the Gimme Platform violates applicable local, state, federal, or foreign laws or regulations or any terms of this Agreement, or (b) your continued use of the Gimme Platform will disrupt use of the Gimme Platform by others, poses a security risk to the Gimme Platform, may harm Gimme or its systems, may subject Gimme or any third party to liability or if we believe in our reasonable discretion that your use of the Gimme Platform is unsuitable in any way. Gimme may provide you with notice of any such suspension and an opportunity to remedy the issue unless we in good faith believe doing so will result in imminent harm.
    4. Survival. Provisions of this Agreement that by their nature or terms are intended to survive expiration or termination, will survive including without limitation those relating to payment obligations, indemnity, confidentiality and limitations of liability.
14. GENERAL PROVISIONS
    1. Force Majeure. Except for obligations to pay fees hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will give rise to any claim against such party or be deemed to be a breach of this Agreement if and for as long as such failure or omission arises from any cause beyond the reasonable control of that party.
    2. Eligibility. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an Account with us or use the Gimme Platform or Services. However, if you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, the Services are available for use on your behalf, but the User for your Account must be the User’s parent or legal guardian who has agreed to the terms of this Agreement. Those under the age of 13 may not use the Services. If you are using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in this Agreement to "you" shall refer to such child or such other individual on whose behalf you have authorization to enter into this Agreement and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
    3. Governing Law; Limitation of Claims. This Agreement will be governed by and construed in accordance with the laws of the State of Florida. The Uniform Computer Information Transactions Act will not apply and will not be invoked in any judicial or arbitral proceeding concerning this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Gimme arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.
    4. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND GIMME HAVE AGAINST EACH OTHER ARE RESOLVED.
       1. You and Gimme agree that any claim or dispute that has or may arise between us will be resolved in accordance with the provisions set forth in this Section.
       2. Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles that provide for the application of the law of another jurisdiction.
       3. Agreement to Arbitrate
          1. We strongly encourage you to first contact us directly to seek a resolution of any dispute or claim by emailing support@gimmegolf.app. You and Gimme agree that any and all disputes or claims that have or may arise between you and Gimme shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Miami-Dade County, Florida if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
          2. The arbitration will be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by the court.
          3. You and Gimme must abide by the following rules:
             1. ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
             2. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
             3. the arbitrator will honor claims of privilege and privacy recognized at law;
             4. the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
             5. the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
             6. each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by applicable law.
          4. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Miami-Dade County, Florida.
          5. Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or Gimme may choose to pursue a claim or dispute in court and not by arbitration if:
             1. the claim or dispute qualifies, it may be initiated in small claims court; or
             2. YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt-Out Deadline"). You may opt out by mailing written notification to Gimme at MAILING ADDRESS, or support@gimmegolf.app. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Gimme through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Gimme.
                Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your claim or dispute in arbitration or small claims court.
          6. Jury Waiver. You understand and agree that by entering into this Agreement you and Gimme are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Section, you and Gimme might otherwise have had a right or opportunity to bring claims or disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided herein, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
          7. Continuation. This Section shall survive the termination of this Agreement. However, notwithstanding any provision in this Agreement to the contrary, if Gimme makes any change to this Section (other than a change to the notice address) after the time in which you create your Account, you may reject any such change and require Gimme to adhere to the language in this Section as of the date your Account was created.
    5. Assignment. Neither party may assign, delegate or transfer this Agreement or the party’s rights or obligations under this Agreement, without the other party’s prior written consent, provided that no such consent is required in the event of assignment or transfer to Gimme’s affiliate or the transfer of the majority of our stock or all or substantially all of our assets relating to this Agreement, by merger, acquisition or otherwise. Any purported assignment or transfer in violation of this paragraph will be void. This Agreement is binding on, and is for the benefit of, the parties and their respective and permitted successors and assigns.
    6. Entire Agreement, Waiver, Relationship. This Agreement is the entire agreement between Gimme and you regarding your use of the Gimme Platform and supersedes any prior agreements or understandings. If any provision of this Agreement is held to be invalid, the provision will be construed to the extent enforceable, and the other provisions of this Agreement remain in full force and effect. No waiver of any provision of this Agreement will be deemed a continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision. Nothing in this Agreement will be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any User or other person or entity, nor does this Agreement extend rights to any third party except as explicitly stated herein.
    7. Electronic Communications and Notice. Any notice required hereunder shall be in writing. You consent to receive communications from us electronically. We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.
    8. Severability. If any provision of these Terms is deemed unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
    9. Changes to These Terms. We may change these Terms and the other documents that are part of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Platform; we may also attempt to notify you in some other way including by email to the email address listed in your Account. Your continued use of the Platform and/or the Services following such posting shall constitute your affirmative acknowledgement of the applicable Agreement document, as amended. Any significant changes to this Agreement will be effective 30 days after posting such notice. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT ANY TERMS OF THIS AGREEMENT, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE PLATFORM AND THE SERVICES.
    10. Ownership of the Gimme Platform. Excluding your User Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform, including the Services, Site and Mobile App, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.
    11. Geographical Restrictions. Gimme makes no representation that all Products, services and/or material described or available through the Gimme Platform are appropriate or available for use in locations outside the United States or all territories within the United States.
    12. Trademarks. Neither party grants to the other party any right, title or license to use its name, logo or trademarks pursuant to this Agreement.
    13. No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services or the Mobile App.
    14. Headings. The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

LAST UPDATED: December 4, 2018

Welcome to the Gimme Store, a part of the Gimme Platform where Users can purchase Products directly from Gimme ("Gimme Store").

By using or otherwise accessing the Gimme Store you agree to the terms of this Agreement, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE Gimme Store. Please note that we offer the Services "AS IS" and without warranties. If you use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf. You may not access or use the Services or accept the Agreement if you are not at least 18 years old.

We strive to improve the Services for you, so our Terms may change from time to time. We’ll make sure to change the "Last Updated" date at the top of this page so you can tell if these Terms have changed since your last visit. In the event of a material change, We shall notify you via message or by means of a prominent notice on the Gimme Platform. By continuing to use the Gimme Platform following such modifications, you agree to be bound by such modifications. If you are not comfortable with the provisions of these Terms or with any changes that we make to these Terms, please do not use the Gimme Store.

1. The Gimme Store.
   1. Description of Gimme Store Services. The Gimme Store is a digital reseller of golf equipment, golf clothing, and any other golf-related items ("Products") that operates within the Gimme Platform.
   2. Content, Pricing and Accuracy. All features, content, availability, specifications, products and prices of products and services described or depicted on the Gimme Store are subject to change at any time without notice. The inclusion of any products or services on the Gimme Store at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our Products and ensure that information on the Gimme Store is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and We cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Gimme Store may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Gimme Store. For example, products or services included on the Gimme Store may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Gimme Store. In the event of a pricing error or discrepancy on the Gimme Store with respect to products or services, we reserve the right to cancel any orders (or partial orders) for such products or services. The inclusion of any Products on the Platform at a particular time does not imply or warrant that such Products will be available at any other time.
   3. Shipping. When a Product order is placed, it will be shipped to the address designated by you, as long as such shipping address is compliant with the shipping restrictions contained on the Platform. All Product purchases from the Platform are made pursuant to a shipment contract.
   4. Confirmation, Cancellation and Coupons. While it is Gimme’s practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any product or service and/or to refuse service or fulfillment of any order or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. For clarification, orders may be limited or cancelled at any time including after receipt of a confirmation or shipping email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order. For products purchased from the Platform using a credit card, an authorization may be placed on your credit card when you place an order. Partial shipment or partial cancellation of orders may occur.
   5. Consent to Receive Periodic Messages and Communications. You may receive emails, SMS texts and push notifications from us. By signing up and providing your email address, you agree to receive these communications from us. All notices from the Gimme Store intended for receipt by you shall be deemed delivered and effective when sent to the email address you provided when you registered for the Gimme Platform. We promise to safeguard these communications and not share them with any third party except in limited instances clearly outlined in our Privacy Policy. To stop receiving Gimme Store emails or text messages, please email us at support@gimmegolf.app
   6. Account. By registering for an account or placing an order, you represent that the Products ordered will be used only in a lawful manner and as intended by such manufacturer. By accessing the Platform, you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for our Services or provide any contact information, including an email address or cellphone number in connection with that activity, or service ("Contact Information"), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Products or Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
2. Access, Rights and Restrictions.
   Please refer to Section 3. of the general Gimme Terms of Service.
3. Payment

   Please refer to Sections 4.3 and 4.4 of the general Gimme Terms of Service.

   In addition, if we discover that any Products advertised in the Gimme Store have been mispriced, we will either charge the lower amount and ship you the item if an item’s correct price is lower than our stated price, or (at our discretion) contact you for instructions before shipping or cancel your order and notify you of such cancellation if an item’s correct price is higher than our stated price.

4. Gimmies

   Please refer to Section 5. of the general Gimme Terms of Service.

5. Confidential Information.

   Please refer to Section 6. of the general Gimme Terms of Service.

6. DMCA Copyright Policy.

   Please refer to Section 8. of the general Gimme Terms of Service.

7. Disclaimer of Warranties.

   Please refer to Section 9. of the general Gimme Terms of Service.

   IN ADDITION, IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE GIMME STORE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.

8. Privacy.

   Please refer to Section 10. of the general Gimme Terms of Service.

9. Limitation of Liability.

   Please refer to Section 11. of the general Gimme Terms of Service.

10. Indemnification.

    You agree to defend, indemnify and hold harmless Gimme, and its respective employees, agents, officers, directors, affiliates and representatives from damages, liabilities, costs and expenses (including reasonable attorneys’ fees) (collectively, "Losses") resulting from any and all claims, judgments or proceedings (collectively, "Claims") arising directly or indirectly out of: (a) your use of the Gimme Platform or Services or Products purchased by you, including any acts or omissions taken in reliance on the Services; (b) your User Content; (c) your breach of this Agreement; or, (d) your infringement of any third party rights or violation of applicable law or regulation. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. Termination

    Please refer to Section 13. of the general Gimme Terms of Service.

12. General Provisions

    Please refer to Section 14. of the general Gimme Terms of Service.

    Contact Information: Gimme, LLC
    Address: 2030 S Douglas Rd. Suite 209
    Coral Gables, FL. 33134
    Email: support@gimmegolf.app
    

LAST UPDATED: December 4, 2018

Gimme, LLC (collectively referred to herein as "we," "us," "our," or "Gimme"), respects your privacy and the importance of the information you entrust to us. With this in mind, we provide you this privacy policy (the "Policy") to help you understand the kinds of information we may gather about you when you use the Gimme Platform or any of our Services, how we may use and disclose the information, and how you can control, correct and/or update the information. By accessing or using the Gimme Platform or Services, you are accepting the policies and practices described in this Policy. Each time you visit or use the Gimme Platform or Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy. Any capitalized terms not defined herein shall have the meaning as set forth in the Terms of Service.

Please note that this Policy does not apply to your use of third-party sites, services, or applications you may access through the Gimme Platform. We encourage you to review the privacy policies of those third parties for more information regarding their privacy practices.

This policy applies in circumstances where we are acting as a data controller with respect to the Personal Information (as defined herein) of Users of our Platform; in other words, where we determine the purposes and means of the processing of that Personal Information.

Last Updated: June 10, 2019

Welcome to the Backspin Program, a part of the Gimme Platform where Users can lease golf clubs directly from Gimme ("Backspin Service"). Gimme’s Backspin program has been designed to allow golfers to get the latest technology in golf equipment in an affordable way.

By using or otherwise accessing the Backspin Service you agree to the terms of this Agreement, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE BACKSPIN SERVICE. Please note that we offer the Backspin Service "AS IS" and without warranties. If you use the Backspin Service on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf. You may not access or use the Backspin Service or accept the Agreement if you are not at least 18 years old.

We strive to improve the Backspin Service for you, so our Terms may change from time to time. We’ll make sure to change the "Last Updated" date at the top of this page so you can tell if these Terms have changed since your last visit. In the event of a material change, We shall notify you via message or by means of a prominent notice on the Gimme Platform. By continuing to use the Gimme Platform following such modifications, you agree to be bound by such modifications. If you are not comfortable with the provisions of these Terms or with any changes that we make to these Terms, please do not use the Backspin Service.

1. The Backspin Service. The Backspin Service is a lease agreement ("Lease") between you and Gimme for the golf club(s) ("Clubs") you choose, and for the period of time for which such Clubs are leased to you ("Lease Term"). You do not own the Club(s). You are not allowed to sublease, pawn, pledge or otherwise encumber the Club(s) in any manner whatsoever. The Club(s) and materials sent with the Club(s), which include the cover and the wrench tool, but exclude the shipping box and packaging (the "Club Materials"), exclusively remain the property of Gimme, and you must return the Club Materials to us upon the cancellation, return or termination of the Lease Term for any reason, unless you elect to purchase the Club pursuant to any Buy Out Option as permitted and defined herein. Your Lease will continue in effect on a month to month or week to week basis following the expiration of the initial Lease Term unless and until you cancel your Lease or we terminate it. The Club(s) we lease are strictly for personal and non-commercial use. We agree to deliver Club(s) to you and grant you a license to access the Backspin Service for that limited purpose only. Any unauthorized use of the Website will terminate your Lease and the limited license granted by us.
   1. The Clubs. The Backspin Service is only available for certain Clubs. We make an effort to include the most popular Clubs of every season. You can find all offers in the Deals section of the Gimme Golf App. The Club(s) sent to you will be brand new (unless otherwise specified in listing). We obtain our Club(s) from various manufacturers, distributors, resellers and other third parties. We may list Deals for Used Clubs. Used Club(s) are those that have been returned to us by our customers after they’ve upgraded or canceled their lease. The condition of the Club(s) will be available for review within the individual Club listing on the Gimme Platform. Prices and availability are subject to change without notice. We also reserve the right to limit quantities.
   2. Content, Pricing and Accuracy. All features, content, availability, specifications, Clubs and prices of Clubs described or depicted within the Backspin Services are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our Clubs and ensure that information is complete, accurate and up-to-date. Despite our efforts, the information may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information. For example, Clubs included in the Backspin Services may be unavailable, or may carry a different price than what is stated. In the event of a pricing error or discrepancy with respect to Clubs, we reserve the right to cancel any request for such Clubs. The inclusion of any Clubs at a particular time does not imply or warrant that such Clubs will be available at any other time.
   3. Shipping. When a Club order is placed, it will be shipped to the address designated by you, as long as such shipping address is compliant with the shipping restrictions contained on the Gimme Platform. All Club leases are made pursuant to a subscription agreement.
   4. Confirmation, Cancellation and Coupons. While it is Gimme’s practice to confirm online Leases via email, the receipt of an email order confirmation does not constitute our acceptance nor our confirmation of an offer to lease the Club(s). We reserve the right, without prior notice and at any time: (a) to limit the lease quantity and/or to refuse fulfillment of any lease; (b) to bar any user from making or completing a transaction; and (c) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. For clarification, leases may be limited or cancelled at any time including after receipt of a confirmation or shipping email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any Clubs. For Clubs leased via the Backspin services using a credit card, an authorization may be placed on your credit card when you place an order. Partial shipment or partial cancellation of orders may occur.
   5. Consent to Receive Periodic Messages and Communications. You may receive emails, SMS texts and push notifications from us. By signing up and providing your email address, you agree to receive these communications from us. All notices from the Backspin Service intended for receipt by you shall be deemed delivered and effective when sent to the email address you provided when you registered for the Gimme Platform. We promise to safeguard these communications and not share them with any third party except in limited instances clearly outlined in our Privacy Policy. To stop receiving emails or text messages, please email us at support@gimmegolf.app
   6. Account. By registering for an account or placing a subscription order, you represent that the Clubs ordered will be used only in a lawful manner and as intended by such manufacturer. By accessing the Gimme Platform, you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for our Services or provide any contact information, including an email address or cellphone number in connection with that activity, or service ("Contact Information"), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Clubs or Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
2. Term and Termination. Please refer to Section 13. of the general Gimme Terms of Service. In addition:
   1. Term Commitment. Refers to the number of days/weeks/months and related payments that you are committing to complete. You will not be able to cancel or upgrade your item until you have completed that Term Commitment. At the end of the Term Commitment, you may either (i) upgrade your subscription by selecting a new club from the available deals, (ii) keep the Club(s) while continuing to make your recurring payments, or (iii) cancel your subscription by clicking on the "cancel" button in the Gimme Golf App and following the instructions to return the Club(s) to Gimme. Even after clicking the "cancel" button, payments will continue until the Club(s) are received by Gimme.
   2. Effective Dates and Billing Cycle. We typically ship the item(s) to you within 1-3 business days from the date you sign up and pay for your subscription ("Effective Date"). If the Effective Date is on the 10th of the month, you would be billed on the 10th of every month of the Lease Term. In addition, using the same example, the billing cycle (the "Billing Cycle") is considered to be from the 10th of the current month to the 9th of the following month.
   3. Customer’s obligations and liabilities with respect to the use of the Backspin Services incurred prior to the termination of your relationship with Gimme shall survive the termination of these Terms for all purposes. These Terms shall be effective unless and until terminated by either Gimme or Customer.
   4. Early Termination. You may cancel your Lease at any time, but you will still be responsible for payment of all Subscription Fees through the entire Term Commitment.
   5. Buyout Term. At the end of the Term Commitment, Customer’s Club(s) become Upgrade eligible and/or the Customer may elect to cancel its Lease. However, the Customer may also elect to keep using the Club(s) beyond the Term Commitment. In such case, if the Customer keeps and continues to pay for the Club(s) for the additional amount of time as provided by Gimme ("Buyout Term") then Customer will own the Club(s) outright. For example, if Customer selects a driver for $30/month for a Term Commitment of twelve (12) months, and then continues to pay for the Club for an additional (8) months (or other period of time as specified in the Buyout Term), the Customer would then own the Club at the end of month twenty (20). In addition, the Customer may elect to purchase the Club(s) prior to the expiration of the Buyout Term by paying the Buyout Price. The Buyout Price is equal to the sum of all remaining monthly payments in the Buyout Term minus the amount of one monthly payment. After the Buyout Term is completed or the Buyout Price is paid, Gimme will cancel your Lease and send you your final account and purchase summary.
3. Upgrades
   1. Once you have completed the specified payments in the Term Commitment, you will be eligible for an Upgrade.
   2. You will be able to select your new product based on the matching upgradeable items available. We reserve the right to decide which Club(s) you can upgrade to from your prior Club(s).
   3. Upgrading to same priced Club(s). Upon subscribing to an Upgrade of a same priced item, your Lease will continue with the same payment dates. However, a new Term Commitment will begin based on the subscription details.
   4. Upgrading to differently price Club(s). Upon subscribing to differently priced Club(s), a new Lease (same or similar length as prior Lease) will commence based on the Effective Date of the Upgrade.
   5. Upon placement of the Upgrade, the new Club(s) will be shipped to you, and materials will be sent to you free-of-charge for the return of the previously leased Club(s) and Club Materials to Gimme. The prior Lease Term will be automatically terminated when we receive the previously leased Club(s) and Materials, provided the previously leased Club(s) are in good condition.
   6. Gimme reserves the right to refuse Upgrades at any time and for any reason.
   7. Upgrade Eligibility Fee. Customers may decide to Upgrade Anytime by paying the Upgrade Eligibility Fee. This fee is calculated using the number of months left in the Term Commitment.
4. Access, Rights and Restrictions. Please refer to Section 3. of the general Gimme Terms of Service.
5. Payment.Please refer to Sections 4.3 and 4.5 of the general Gimme Terms of Service.
   1. Down Payment Fees. Certain Club(s) may require an upfront payment in addition to the Subscription Fees.
   2. Ongoing Fees. Customer shall pay the Subscription Fees as set forth in the Lease agreement. By leasing the Club(s), you agree that we are permitted to charge your credit/debit item(s) on a monthly or weekly basis for your Subscription Fee plus any applicable taxes and any other charges you may incur in connection with your use of the Backspin Service.
   3. Taxes. Taxes will be calculated and charged in addition to the applicable Down Payment and Subscription Fees. Taxes will be charged when you subscribe to a deal based on the full retail price of the Club(s) being leased.
   4. Payments. The Subscription Fee will be billed in full on the first day of your paid subscription and on the same day of each week or month thereafter, as applicable.
      Backspin is not responsible for any additional fees, interest charges, finance charges, overdraft charges, or other fees you incur and that may result from the Subscription Fees billed to you. If you lease additional Club(s) while your first lease is still active, then the Service will create a new subscription that will be billed separately from your first lease with a different monthly billing date. If Gimme is unable to charge your credit card on the any payment due date, Gimme will notify you and use any other payment source in your account to process the payment. If Gimme is still unable to process the payment, Gimme will notify you and your account will be in default. If the default is not cured within thirty (30) days, Gimme will look to collect the amount from your Gimme Wallet’s linked bank account.
   5. In addition, if we discover that any Clubs advertised in the Backspin Service have been mispriced, we will either charge the lower amount and ship you the item if an item’s correct price is lower than our stated price, or (at our discretion) contact you for instructions before shipping or cancel your lease and notify you of such cancellation if an item’s correct price is higher than our stated price.
   6. I understand that if I have an unpaid balance and do not make satisfactory payment arrangements, my account may be placed with an external collection agency. I will be responsible for reimbursement of any fees from the collection agency, including all costs and expenses incurred collecting my account, and possibly including reasonable attorney’s fees if so incurred during collection efforts. In order for Gimme or their designated external collection agency to service my account, and where not prohibited by applicable law, I agree that Gimme and the designated external collection agency are authorized to (i) contact me by telephone at the telephone number(s) I am providing, including wireless telephone numbers, which could result in charges to me, (ii) contact me by sending text messages (message and data rates may apply) or emails, using any email address I provide and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable.
6. Confidential Information. Please refer to Section 6. of the general Gimme Terms of Service.
7. DMCA Copyright Policy. Please refer to Section 8. of the general Gimme Terms of Service.
8. Customer Representations. Please refer to Section 7. of the general Gimme Terms of Service.
   1. In addition, Customer represents and warrants that:
      1. They are eighteen (18) years of age or older and reside in the United States or the District of Columbia to subscribe to the Backspin Service. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY ONLY DO SO UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. Parents who wish to create an account on behalf of their children may do so provided that the parent is the account holder.
      2. They understands and acknowledge that in the event that Subscription Fees are overdue, without limitation of our rights to take actions, the Agreement may be terminated, Clubs may be repossessed, until the delinquent Subscription Fees together with Backspin’s standard late payment fees and interest charges are paid.
      3. They have and will obtain no rights to the Backspin Services except for the limited rights to lease the Clubs and use the Backspin Services expressly granted by this Agreement.
9. Shipping
   1. We use commercially reasonable efforts to ship Club(s) within three (3) business days after receiving your lease order. We currently ship five days per week (Monday through Friday) using USPS, FedEx or UPS Ground. We do not ship during holidays. We will send you an e-mail when your item(s) has been shipped along with the tracking number as provided by the applicable shipping service. If we do not have your item in inventory it may take up to seven (7) business days to ship your item.
   2. When upgrading Club(s) and Club Materials, we will send you a prepaid postage label for free-of-charge return shipping. We encourage you to reuse the shipping box and cushioning materials that were sent with the original shipment. We do not reimburse for shipping charges if you elect to ship on your own. If/when you cancel your subscription, Customer will be responsible for shipping the Clubs and Club Materials back to Gimme.
   3. If for any reason, a shipment is returned to us as undeliverable, unclaimed or refused, you will be charged ten dollars ($10) or the return shipping fee, whichever is higher, and your Lease will be terminated.
10. Losses, Damages, Returns, etc.
    1. If the Club(s) are delivered to you damaged (and not damaged in your possession), you need to contact Gimme customer service to inform us of your damaged or unusable Club(s) and request a return. If we accept the return after reviewing your request, we will ask you to return the item, and we will send you a new item within seven (7) days of receiving the damaged item.
    2. Lost, Unreturned and Damaged Club(s). You agree that we may charge your Account for the current Buyout Price (as defined in section 2.e) of a Club(s) upon the occurrence of any of the following situations:
       1. If you tell us that you lost the Club(s);
       2. If you return a damaged the Club(s);
       3. If Club(s) serial number has been removed and/or defaced or does not match the serial number of the Club(s) sent to you.
    3. Club(s) may be returned for a FULL refund if all of the following conditions are met:
       1. You’ve contacted Backspin customer service via e-mail to inform us of your damaged or unusable Clubs(s) within fourteen (14) days after the Start Date (you will then receive an RMA number;
       2. Club(s) are in their original packaging;
       3. Club(s) are received by Backspin in the damaged or unusable condition (as previously reported to Backspin customer service);
       4. All Club Materials are returned; and
       5. Items are received by us or confirmed as in-transit to us by the shipping service provider within (fourteen) 14 days after informing Backspin of your damaged or unusable Club(s).
11. Disclaimer of Warranties. Please refer to Section 9. of the general Gimme Terms of Service.
    1. IN ADDITION, IN THE EVENT OF ANY PROBLEM WITH THE CLUBS THAT YOU HAVE LEASED THROUGH THE BACKSPIN SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH CLUB OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES PROVIDED HEREIN.
12. Privacy. Please refer to Section 10. of the general Gimme Terms of Service.
13. Limitation of Liability. Please refer to Section 11. of the general Gimme Terms of Service.
14. Indemnification
    1. You agree to defend, indemnify and hold harmless Gimme, and its respective employees, agents, officers, directors, affiliates and representatives from damages, liabilities, costs and expenses (including reasonable attorneys’ fees) (collectively, "Losses") resulting from any and all claims, judgments or proceedings (collectively, "Claims") arising directly or indirectly out of: (a) your use of the Backspin Services or Clubs leased by you, including any acts or omissions taken in reliance on the Backspin Services; (b) your breach of this Agreement; or, (c) your violation of applicable law or regulation. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. General Provisions. Please refer to Section 14. of the general Gimme Terms of Service.

Contact Information: Gimme, LLC
Address: 2030 S Douglas Rd. Suite 209
Coral Gables, FL. 33134
Email: support@gimmegolf.app

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