Vantage End User License Agreement
Vantage End User License Agreement
Effective Date: September 2, 2026
This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (“you” or “End User”) and On Course Technology LLC, doing business as Vantage (“Vantage,” “we,” “us,” or “our”), governing your download, installation, access to, and use of the Vantage iOS application and related software, features, content, and services made available through the application (collectively, the “Application”). By downloading, installing, accessing, purchasing through, creating an account for, or using the Application, you agree to this Agreement. If you do not agree to this Agreement, do not download, install, access, or use the Application.
This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (“you” or “End User”) and On Course Technology LLC, doing business as Vantage (“Vantage,” “we,” “us,” or “our”), governing your download, installation, access to, and use of the Vantage iOS application and related software, features, content, and services made available through the application (collectively, the “Application”). By downloading, installing, accessing, purchasing through, creating an account for, or using the Application, you agree to this Agreement. If you do not agree to this Agreement, do not download, install, access, or use the Application.
1. Agreement With Vantage, Not Apple
This Agreement is entered into solely between you and On Course Technology LLC and not with Apple Inc. (“Apple”). On Course Technology LLC, not Apple, is solely responsible for the Application and its content, subject to the limitations and disclaimers contained in this Agreement. Your use of the Application must comply with the applicable Apple Media Services Terms and Conditions and App Store Usage Rules. Nothing in this Agreement is intended to provide usage rights that conflict with those rules. Apple is not responsible for the Application except to the limited extent expressly described in this Agreement.
This Agreement is entered into solely between you and On Course Technology LLC and not with Apple Inc. (“Apple”). On Course Technology LLC, not Apple, is solely responsible for the Application and its content, subject to the limitations and disclaimers contained in this Agreement. Your use of the Application must comply with the applicable Apple Media Services Terms and Conditions and App Store Usage Rules. Nothing in this Agreement is intended to provide usage rights that conflict with those rules. Apple is not responsible for the Application except to the limited extent expressly described in this Agreement.
2. License to Use the Application
Subject to your compliance with this Agreement, On Course Technology LLC grants you a limited, personal, non-exclusive, non-sublicensable, revocable, and non-transferable license to install and use the Application on Apple-branded products that you own or control and as permitted by the Usage Rules contained in the Apple Media Services Terms and Conditions. The Application is licensed, not sold. No ownership interest in the Application or its underlying software, data, technology, or intellectual property is transferred to you.
Subject to your compliance with this Agreement, On Course Technology LLC grants you a limited, personal, non-exclusive, non-sublicensable, revocable, and non-transferable license to install and use the Application on Apple-branded products that you own or control and as permitted by the Usage Rules contained in the Apple Media Services Terms and Conditions. The Application is licensed, not sold. No ownership interest in the Application or its underlying software, data, technology, or intellectual property is transferred to you.
3. The Vantage Service
Vantage is a golf GPS, rangefinder, scoring, analytics, and on-course companion application. Depending on your device, geographic location, golf course, account type, subscription status, and software version, features may include GPS yardages; golf course maps; green maps and contour information; Plays Like distances; shot tracking; scoring; strokes-gained statistics; handicap and performance comparisons; club and shot information; weather information; food and beverage ordering; Apple Watch features; and other golf-related functionality. Features may differ between users and courses and may be added, modified, suspended, or discontinued as the Application evolves.
Vantage is a golf GPS, rangefinder, scoring, analytics, and on-course companion application. Depending on your device, geographic location, golf course, account type, subscription status, and software version, features may include GPS yardages; golf course maps; green maps and contour information; Plays Like distances; shot tracking; scoring; strokes-gained statistics; handicap and performance comparisons; club and shot information; weather information; food and beverage ordering; Apple Watch features; and other golf-related functionality. Features may differ between users and courses and may be added, modified, suspended, or discontinued as the Application evolves.
4. Eligibility and Accounts
You must be at least 4 years old to independently create an account or use the Application. If you are under the age of majority where you live, you may use the Application only with the permission of a parent or legal guardian. You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account. You agree to provide accurate information and not to impersonate another person; create accounts for fraudulent or deceptive purposes; access another user’s account without authorization; interfere with the operation or security of the Application; circumvent authentication, subscription, or security mechanisms; or use the Application in violation of applicable law. Some functionality may be available without creating an online account through a local guest profile. Information associated only with a guest profile may be lost if the Application is deleted, its data is cleared, or the device is lost, reset, or replaced.
You must be at least 4 years old to independently create an account or use the Application. If you are under the age of majority where you live, you may use the Application only with the permission of a parent or legal guardian. You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account. You agree to provide accurate information and not to impersonate another person; create accounts for fraudulent or deceptive purposes; access another user’s account without authorization; interfere with the operation or security of the Application; circumvent authentication, subscription, or security mechanisms; or use the Application in violation of applicable law. Some functionality may be available without creating an online account through a local guest profile. Information associated only with a guest profile may be lost if the Application is deleted, its data is cleared, or the device is lost, reset, or replaced.
5. GPS, Maps, Yardages, and Course Information
The Application uses information including GPS signals, mapping data, elevation data, geographic datasets, course information, device sensors, weather information, and mathematical calculations. All distances, locations, boundaries, elevations, green contours, hazards, pin positions, suggested clubs, Plays Like distances, course features, and similar information displayed by Vantage should be considered estimates. GPS and location accuracy may be affected by trees and vegetation; terrain; buildings and structures; atmospheric conditions; device positioning; satellite availability; wireless interference; hardware limitations; and circumstances outside Vantage’s control. Golf course layouts and conditions may also change without our knowledge. Tees, pins, hazards, cart paths, out-of-bounds areas, temporary greens, construction areas, restricted areas, and other features shown in the Application may therefore differ from actual conditions. You are responsible for confirming actual course conditions and complying with posted signs, course rules, staff instructions, cart restrictions, and the applicable Rules of Golf. The Application must not be relied upon for navigation or safety decisions where inaccurate or outdated location information could create a risk of injury, death, or property damage.
The Application uses information including GPS signals, mapping data, elevation data, geographic datasets, course information, device sensors, weather information, and mathematical calculations. All distances, locations, boundaries, elevations, green contours, hazards, pin positions, suggested clubs, Plays Like distances, course features, and similar information displayed by Vantage should be considered estimates. GPS and location accuracy may be affected by trees and vegetation; terrain; buildings and structures; atmospheric conditions; device positioning; satellite availability; wireless interference; hardware limitations; and circumstances outside Vantage’s control. Golf course layouts and conditions may also change without our knowledge. Tees, pins, hazards, cart paths, out-of-bounds areas, temporary greens, construction areas, restricted areas, and other features shown in the Application may therefore differ from actual conditions. You are responsible for confirming actual course conditions and complying with posted signs, course rules, staff instructions, cart restrictions, and the applicable Rules of Golf. The Application must not be relied upon for navigation or safety decisions where inaccurate or outdated location information could create a risk of injury, death, or property damage.
6. Plays Like, Strokes Gained, and Other Analytics
Plays Like distances, strokes-gained statistics, handicap comparisons, club recommendations, performance estimates, shot estimates, and other analytical features are informational tools only. These features may rely on mathematical models, historical benchmarks, weather data, elevation data, device measurements, user-entered information, estimated shot locations, and third-party data. Those inputs may contain errors or uncertainty. Analytical outputs are estimates and are not guarantees of golf performance, club performance, scoring results, or actual playing conditions. You remain responsible for deciding how to play each shot and should use your own judgment when relying upon information provided by the Application.
Plays Like distances, strokes-gained statistics, handicap comparisons, club recommendations, performance estimates, shot estimates, and other analytical features are informational tools only. These features may rely on mathematical models, historical benchmarks, weather data, elevation data, device measurements, user-entered information, estimated shot locations, and third-party data. Those inputs may contain errors or uncertainty. Analytical outputs are estimates and are not guarantees of golf performance, club performance, scoring results, or actual playing conditions. You remain responsible for deciding how to play each shot and should use your own judgment when relying upon information provided by the Application.
7. Safety and Use While Playing
You remain responsible for your personal safety and for the safe operation of any golf cart, vehicle, or equipment used while playing golf. Do not interact with the Application in a manner that distracts you while driving or operating a golf cart or other vehicle. The Application does not replace course signage; cart restrictions; staff or ranger instructions; weather warnings; emergency alerts; official notices; or your own observation of actual conditions. Do not enter an area solely because the Application appears to indicate that the area is safe or permitted.
You remain responsible for your personal safety and for the safe operation of any golf cart, vehicle, or equipment used while playing golf. Do not interact with the Application in a manner that distracts you while driving or operating a golf cart or other vehicle. The Application does not replace course signage; cart restrictions; staff or ranger instructions; weather warnings; emergency alerts; official notices; or your own observation of actual conditions. Do not enter an area solely because the Application appears to indicate that the area is safe or permitted.
8. Premium Features, Subscriptions, and In-App Purchases
Certain features may require a Vantage Premium subscription, one-time purchase, or other in-app purchase. Premium features may include green maps, Plays Like distances, advanced Strokes Gained analytics, and other functionality designated as Premium within the Application. The features included in a paid offering may change as the Application evolves, subject to applicable law. Prices and applicable purchase terms will be displayed before you complete a purchase. Purchases made through Apple’s App Store are processed by Apple and are also subject to Apple’s applicable payment, subscription, and refund terms. For auto-renewable subscriptions, payment will be charged to your Apple Account upon confirmation of purchase; your subscription will automatically renew unless canceled in accordance with Apple’s subscription-management rules; your Apple Account will be charged the applicable renewal price; you may manage or cancel your subscription through your Apple Account subscription settings; and deleting the Application or deleting your Vantage account does not automatically cancel an App Store subscription. You are responsible for canceling an App Store subscription through Apple if you no longer want it to renew. Promotional, beta, complimentary, founding-member, course-sponsored, or otherwise free Premium access may be modified or discontinued unless Vantage expressly states that the entitlement is permanent. Where an account has specifically been granted a lifetime Premium entitlement, that entitlement does not require an active recurring subscription, subject to this Agreement and continued availability of the Application and applicable functionality.
Certain features may require a Vantage Premium subscription, one-time purchase, or other in-app purchase. Premium features may include green maps, Plays Like distances, advanced Strokes Gained analytics, and other functionality designated as Premium within the Application. The features included in a paid offering may change as the Application evolves, subject to applicable law. Prices and applicable purchase terms will be displayed before you complete a purchase. Purchases made through Apple’s App Store are processed by Apple and are also subject to Apple’s applicable payment, subscription, and refund terms. For auto-renewable subscriptions, payment will be charged to your Apple Account upon confirmation of purchase; your subscription will automatically renew unless canceled in accordance with Apple’s subscription-management rules; your Apple Account will be charged the applicable renewal price; you may manage or cancel your subscription through your Apple Account subscription settings; and deleting the Application or deleting your Vantage account does not automatically cancel an App Store subscription. You are responsible for canceling an App Store subscription through Apple if you no longer want it to renew. Promotional, beta, complimentary, founding-member, course-sponsored, or otherwise free Premium access may be modified or discontinued unless Vantage expressly states that the entitlement is permanent. Where an account has specifically been granted a lifetime Premium entitlement, that entitlement does not require an active recurring subscription, subject to this Agreement and continued availability of the Application and applicable functionality.
9. Apple Warranty and Refund Provisions
To the maximum extent permitted by applicable law, the Application is provided subject to the warranty disclaimers contained in this Agreement. On Course Technology LLC, not Apple, is responsible for any product warranties applicable to the Application, whether express or implied by law, to the extent those warranties cannot effectively be disclaimed. If the Application fails to conform to an applicable warranty, you may notify Apple. Where required under Apple’s applicable terms, Apple may refund the purchase price, if any, paid for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure of the Application to conform to an applicable warranty are the responsibility of On Course Technology LLC and not Apple, subject to the limitations permitted by applicable law.
To the maximum extent permitted by applicable law, the Application is provided subject to the warranty disclaimers contained in this Agreement. On Course Technology LLC, not Apple, is responsible for any product warranties applicable to the Application, whether express or implied by law, to the extent those warranties cannot effectively be disclaimed. If the Application fails to conform to an applicable warranty, you may notify Apple. Where required under Apple’s applicable terms, Apple may refund the purchase price, if any, paid for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure of the Application to conform to an applicable warranty are the responsibility of On Course Technology LLC and not Apple, subject to the limitations permitted by applicable law.
10. Vantage Courses and Course-Sponsored Access
Certain golf courses may provide or support Vantage Cart Screens, Premium access, tracking functionality, food and beverage ordering, or other Vantage services. When you use Vantage at a participating golf course, certain information may be used to facilitate course operations. For example, as described in the Vantage Privacy Policy, your on-course location may be made available to authorized course staff for functions such as pace-of-play management and course-flow monitoring. Participating golf courses operate independently from Vantage. Each golf course is responsible for its own course operations; employees and contractors; local rules; cart policies; course conditions; pricing; food and beverage offerings; fulfillment of orders; and other services provided by the course. Vantage is not responsible for the acts or omissions of a participating golf course.
Certain golf courses may provide or support Vantage Cart Screens, Premium access, tracking functionality, food and beverage ordering, or other Vantage services. When you use Vantage at a participating golf course, certain information may be used to facilitate course operations. For example, as described in the Vantage Privacy Policy, your on-course location may be made available to authorized course staff for functions such as pace-of-play management and course-flow monitoring. Participating golf courses operate independently from Vantage. Each golf course is responsible for its own course operations; employees and contractors; local rules; cart policies; course conditions; pricing; food and beverage offerings; fulfillment of orders; and other services provided by the course. Vantage is not responsible for the acts or omissions of a participating golf course.
11. User Content
The Application may allow you to submit, create, upload, or store information such as your display name; profile photo; scores; golf statistics; shot information; course adjustments; club information; and other content or information you provide. Collectively, this information is referred to as “User Content.” You retain ownership of your User Content. You grant On Course Technology LLC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use your User Content as reasonably necessary to operate, secure, maintain, provide, develop, and improve the Application. You represent that you have the right to provide any User Content you submit and that your User Content does not violate another person’s intellectual property, privacy, publicity, or other legal rights. We may remove User Content that violates this Agreement or applicable law.
The Application may allow you to submit, create, upload, or store information such as your display name; profile photo; scores; golf statistics; shot information; course adjustments; club information; and other content or information you provide. Collectively, this information is referred to as “User Content.” You retain ownership of your User Content. You grant On Course Technology LLC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use your User Content as reasonably necessary to operate, secure, maintain, provide, develop, and improve the Application. You represent that you have the right to provide any User Content you submit and that your User Content does not violate another person’s intellectual property, privacy, publicity, or other legal rights. We may remove User Content that violates this Agreement or applicable law.
12. Vantage Content and Intellectual Property
The Application may include software; course maps; imagery; elevation information; weather information; geographic information; course information; databases; analytics; graphics; user interfaces; branding; and other materials. Such materials may originate from Vantage, golf courses, users, public datasets, commercial licensors, or third-party providers. Availability and accuracy of third-party and course information are not guaranteed. Except for the limited license expressly granted to you by this Agreement, On Course Technology LLC and its licensors retain all rights, title, and interest in and to the Application and its software, design, branding, processed course data, databases, graphics, analytics, and other proprietary materials. Except where applicable law expressly permits otherwise, you may not copy or reproduce the Application; redistribute or resell the Application or proprietary Vantage content; scrape or systematically download substantial portions of the Application; extract or reproduce Vantage course databases; reverse engineer, decompile, or disassemble the Application; bypass technical restrictions; create competing datasets using proprietary Vantage information; or use Vantage intellectual property except as authorized by this Agreement.
The Application may include software; course maps; imagery; elevation information; weather information; geographic information; course information; databases; analytics; graphics; user interfaces; branding; and other materials. Such materials may originate from Vantage, golf courses, users, public datasets, commercial licensors, or third-party providers. Availability and accuracy of third-party and course information are not guaranteed. Except for the limited license expressly granted to you by this Agreement, On Course Technology LLC and its licensors retain all rights, title, and interest in and to the Application and its software, design, branding, processed course data, databases, graphics, analytics, and other proprietary materials. Except where applicable law expressly permits otherwise, you may not copy or reproduce the Application; redistribute or resell the Application or proprietary Vantage content; scrape or systematically download substantial portions of the Application; extract or reproduce Vantage course databases; reverse engineer, decompile, or disassemble the Application; bypass technical restrictions; create competing datasets using proprietary Vantage information; or use Vantage intellectual property except as authorized by this Agreement.
13. Intellectual Property Claims
If a third party claims that the Application or your possession or use of the Application infringes that party’s intellectual property rights, On Course Technology LLC, not Apple, will be responsible for the investigation, defense, settlement, and discharge of that intellectual property infringement claim to the extent required by applicable law. Apple has no responsibility for the investigation, defense, settlement, or discharge of such claims.
If a third party claims that the Application or your possession or use of the Application infringes that party’s intellectual property rights, On Course Technology LLC, not Apple, will be responsible for the investigation, defense, settlement, and discharge of that intellectual property infringement claim to the extent required by applicable law. Apple has no responsibility for the investigation, defense, settlement, or discharge of such claims.
14. Acceptable Use
You may not use the Application to engage in unlawful, fraudulent, abusive, or deceptive activity; interfere with or disrupt the Application or supporting infrastructure; attempt to obtain unauthorized access to accounts, servers, databases, networks, or systems; circumvent authentication, App Attest, subscription verification, access controls, encryption, or security mechanisms; probe, scan, or test the Application or Vantage infrastructure for vulnerabilities without written authorization; use automated systems to scrape or extract substantial portions of the Application; improperly copy or redistribute proprietary course data; introduce viruses, malware, harmful code, or malicious functionality; interfere with another user’s use of the Application; or otherwise use the Application in a way that materially harms Vantage, another user, a golf course, or a third party. We may suspend or terminate access where we reasonably believe this section or another provision of this Agreement has been violated.
You may not use the Application to engage in unlawful, fraudulent, abusive, or deceptive activity; interfere with or disrupt the Application or supporting infrastructure; attempt to obtain unauthorized access to accounts, servers, databases, networks, or systems; circumvent authentication, App Attest, subscription verification, access controls, encryption, or security mechanisms; probe, scan, or test the Application or Vantage infrastructure for vulnerabilities without written authorization; use automated systems to scrape or extract substantial portions of the Application; improperly copy or redistribute proprietary course data; introduce viruses, malware, harmful code, or malicious functionality; interfere with another user’s use of the Application; or otherwise use the Application in a way that materially harms Vantage, another user, a golf course, or a third party. We may suspend or terminate access where we reasonably believe this section or another provision of this Agreement has been violated.
15. Third-Party Services and Terms
The Application may rely upon, integrate with, or interact with third-party products, data sources, platforms, and services, including Apple services, authentication providers, mapping providers, weather providers, geographic-data providers, network providers, and infrastructure providers. Vantage does not control third-party services and does not guarantee their availability, security, accuracy, or continued operation. Your use of the Application must comply with all applicable third-party terms of agreement. For example, you must comply with applicable cellular, wireless data, internet service, device, mapping, authentication, platform, and other third-party agreements while using the Application.
The Application may rely upon, integrate with, or interact with third-party products, data sources, platforms, and services, including Apple services, authentication providers, mapping providers, weather providers, geographic-data providers, network providers, and infrastructure providers. Vantage does not control third-party services and does not guarantee their availability, security, accuracy, or continued operation. Your use of the Application must comply with all applicable third-party terms of agreement. For example, you must comply with applicable cellular, wireless data, internet service, device, mapping, authentication, platform, and other third-party agreements while using the Application.
16. Maintenance and Support
On Course Technology LLC is solely responsible for providing maintenance and support services for the Application to the extent such services are promised under this Agreement or required by applicable law. Apple has no obligation whatsoever to furnish maintenance or support services for the Application. We may release software updates, fixes, modifications, or new versions of the Application from time to time. Certain updates may be necessary for continued use of some or all Application functionality.
On Course Technology LLC is solely responsible for providing maintenance and support services for the Application to the extent such services are promised under this Agreement or required by applicable law. Apple has no obligation whatsoever to furnish maintenance or support services for the Application. We may release software updates, fixes, modifications, or new versions of the Application from time to time. Certain updates may be necessary for continued use of some or all Application functionality.
17. Service Availability and Changes
We work to maintain the availability and reliability of the Application but do not guarantee continuous, uninterrupted, secure, or error-free operation. The Application may become unavailable because of scheduled or emergency maintenance; software updates; internet or cellular network failures; GPS conditions; third-party service outages; server or infrastructure problems; course-data issues; device compatibility issues; and events outside our reasonable control. We may modify, update, replace, add, suspend, or discontinue portions of the Application. Where reasonably practical, we will attempt to avoid changes that unnecessarily interfere with an active paid subscription.
We work to maintain the availability and reliability of the Application but do not guarantee continuous, uninterrupted, secure, or error-free operation. The Application may become unavailable because of scheduled or emergency maintenance; software updates; internet or cellular network failures; GPS conditions; third-party service outages; server or infrastructure problems; course-data issues; device compatibility issues; and events outside our reasonable control. We may modify, update, replace, add, suspend, or discontinue portions of the Application. Where reasonably practical, we will attempt to avoid changes that unnecessarily interfere with an active paid subscription.
18. Product Claims
You acknowledge that On Course Technology LLC, not Apple, is responsible for addressing claims made by you or a third party relating to the Application or your possession or use of the Application. These claims may include, without limitation, product liability claims; claims that the Application fails to conform to an applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation. Nothing in this Agreement limits Vantage’s liability beyond what is permitted under applicable law.
You acknowledge that On Course Technology LLC, not Apple, is responsible for addressing claims made by you or a third party relating to the Application or your possession or use of the Application. These claims may include, without limitation, product liability claims; claims that the Application fails to conform to an applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation. Nothing in this Agreement limits Vantage’s liability beyond what is permitted under applicable law.
19. Privacy
Our collection, use, disclosure, storage, and processing of personal information are governed by the Vantage Privacy Policy. By using the Application, you acknowledge that you have been provided an opportunity to review the Privacy Policy. Certain features require access to device information or permissions such as location services. You may control applicable permissions through iOS settings, although disabling certain permissions may prevent GPS-dependent or other functionality from operating properly.
Our collection, use, disclosure, storage, and processing of personal information are governed by the Vantage Privacy Policy. By using the Application, you acknowledge that you have been provided an opportunity to review the Privacy Policy. Certain features require access to device information or permissions such as location services. You may control applicable permissions through iOS settings, although disabling certain permissions may prevent GPS-dependent or other functionality from operating properly.
20. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE.” ON COURSE TECHNOLOGY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED. WE DO NOT WARRANT THAT THE APPLICATION WILL ALWAYS BE AVAILABLE, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE ACCURACY OF GPS locations; yardages; green maps or contours; elevation data; golf course boundaries; hazard locations; weather information; Plays Like distances; Strokes Gained calculations; handicap comparisons; club recommendations; or other analytical outputs. Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, some exclusions contained in this Agreement may not apply to you. Nothing in this Agreement excludes or disclaims a warranty or other right that cannot legally be excluded or disclaimed.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE.” ON COURSE TECHNOLOGY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED. WE DO NOT WARRANT THAT THE APPLICATION WILL ALWAYS BE AVAILABLE, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE ACCURACY OF GPS locations; yardages; green maps or contours; elevation data; golf course boundaries; hazard locations; weather information; Plays Like distances; Strokes Gained calculations; handicap comparisons; club recommendations; or other analytical outputs. Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, some exclusions contained in this Agreement may not apply to you. Nothing in this Agreement excludes or disclaims a warranty or other right that cannot legally be excluded or disclaimed.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON COURSE TECHNOLOGY LLC, VANTAGE, AND THEIR MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR LOSS OF PROFITS, DATA, GOODWILL, BUSINESS, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE APPLICATION. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM RELIANCE UPON GPS INFORMATION, COURSE MAPS, GREEN MAPS, PLAYS LIKE CALCULATIONS, WEATHER INFORMATION, ANALYTICS, COURSE INFORMATION, OR OTHER INFORMATION PROVIDED THROUGH THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON COURSE TECHNOLOGY LLC’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: 1. THE AMOUNT YOU PAID TO VANTAGE FOR THE APPLICATION OR ASSOCIATED SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR 2. US $100. Nothing in this Agreement excludes or limits liability that cannot legally be excluded or limited. The limitations contained in this section apply only to the maximum extent permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON COURSE TECHNOLOGY LLC, VANTAGE, AND THEIR MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR LOSS OF PROFITS, DATA, GOODWILL, BUSINESS, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE APPLICATION. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM RELIANCE UPON GPS INFORMATION, COURSE MAPS, GREEN MAPS, PLAYS LIKE CALCULATIONS, WEATHER INFORMATION, ANALYTICS, COURSE INFORMATION, OR OTHER INFORMATION PROVIDED THROUGH THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON COURSE TECHNOLOGY LLC’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: 1. THE AMOUNT YOU PAID TO VANTAGE FOR THE APPLICATION OR ASSOCIATED SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR 2. US $100. Nothing in this Agreement excludes or limits liability that cannot legally be excluded or limited. The limitations contained in this section apply only to the maximum extent permitted by applicable law.
22. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless On Course Technology LLC, Vantage, and their members, managers, employees, contractors, and affiliates against claims, losses, liabilities, damages, and reasonable expenses arising from your unlawful use of the Application; your material violation of this Agreement; or your infringement or violation of another person’s rights. This provision does not require you to indemnify On Course Technology LLC or Vantage for its own unlawful conduct where such an obligation would be prohibited by law.
To the extent permitted by applicable law, you agree to indemnify and hold harmless On Course Technology LLC, Vantage, and their members, managers, employees, contractors, and affiliates against claims, losses, liabilities, damages, and reasonable expenses arising from your unlawful use of the Application; your material violation of this Agreement; or your infringement or violation of another person’s rights. This provision does not require you to indemnify On Course Technology LLC or Vantage for its own unlawful conduct where such an obligation would be prohibited by law.
23. Legal and Export Compliance
You represent and warrant that: 1. you are not located in a country or region that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and 2. you are not listed on any United States Government list of prohibited or restricted parties. You may not download, export, re-export, transfer, or use the Application in violation of applicable United States export-control, sanctions, or trade laws.
You represent and warrant that: 1. you are not located in a country or region that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and 2. you are not listed on any United States Government list of prohibited or restricted parties. You may not download, export, re-export, transfer, or use the Application in violation of applicable United States export-control, sanctions, or trade laws.
24. Account Deletion and Termination
You may delete your Vantage account from within the Application through the available account-deletion functionality. Deleting your Vantage account does not automatically cancel an App Store subscription. App Store subscriptions must be separately managed or canceled through Apple. We may suspend, restrict, or terminate your account or access to the Application where we reasonably believe that you have violated this Agreement; engaged in fraud or abuse; created a security risk; infringed another person’s rights; or used the Application in a manner that could materially harm Vantage, its users, participating golf courses, or third parties. Termination of your license means that you must cease using the Application. Sections that by their nature should survive termination, including provisions concerning intellectual property, disclaimers, limitation of liability, indemnification, and disputes, will survive termination.
25. Apple as Third-Party Beneficiary
You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement as it relates to your license and use of the Application. Upon your acceptance of this Agreement, Apple will have the right, and will be deemed to have accepted the right, to enforce this Agreement against you as a third-party beneficiary. Except for Apple’s rights under this section, this Agreement does not create third-party beneficiary rights for any other person unless expressly stated.
26. Governing Law
This Agreement and disputes arising out of or relating to this Agreement or the Application will be governed by the laws of the State of Delaware, without regard to its conflict-of-law principles, except to the extent the laws of your jurisdiction require otherwise. Nothing in this Agreement limits consumer-protection or other statutory rights that cannot be waived under applicable law.
27. Changes to This Agreement
We may update this Agreement as the Application, our business, applicable law, or platform requirements evolve. When we make changes, we will update the Effective Date shown at the beginning of this Agreement. If a change materially affects your rights, we may provide additional notice through the Application, by email, or through another reasonable method. Your continued use of the Application after an updated Agreement becomes effective constitutes acceptance of the revised Agreement to the extent permitted by applicable law. Where applicable law requires affirmative consent to a change, the revised provision will not apply until that consent has been obtained.
28. Severability
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision of this Agreement does not waive our right to enforce that provision later.
29. Entire Agreement
This Agreement, together with the Vantage Privacy Policy and any additional terms expressly presented for a particular feature, promotion, subscription, purchase, or service, constitutes the agreement between you and On Course Technology LLC concerning your use of the Application. In the event of a conflict between this Agreement and additional terms presented for a specific feature or transaction, those additional terms will control solely with respect to that feature or transaction.
30. Developer Information and Contact
The developer and licensor of the Application is: On Course Technology LLC, 2225 Eddie Williams Rd. Johnson City, TN 37601. Telephone: 423-930-4196. Questions, complaints, support requests, or claims concerning the Application should be directed to On Course Technology LLC using the contact information above.