Press Tracker: Never Lose Track Again

These Terms of Service ("Terms") are a binding legal agreement between you and Kaleb Smith / Press Tracker app ("Developer," "we," "us," or "our") governing your access to and use of the Press Tracker mobile application (the "App"), including all features, content, and services offered through the App.

BY INSTALLING, ACCESSING, OR USING PRESS TRACKER, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL, ACCESS, OR USE THE APP.

IMPORTANT, PLEASE READ: Section 15 contains a mandatory arbitration clause and a class-action waiver. By agreeing to these Terms, you and the Developer agree to resolve disputes individually in binding arbitration and to waive any right to a jury trial or class action, except as described in Section 15.

1. What Press Tracker Is

Press Tracker is a golf scorekeeping and entertainment tool. It lets you record hole-by-hole scores and follow along with traditional golf side-game scenarios ("presses") using the sport's customary terminology, for entertainment and educational purposes only.

2. What Press Tracker Is NOT

Press Tracker is not a gambling service, wagering platform, sportsbook, pool-organizing service, or betting product.
The App does not accept, hold, process, transfer, or exchange money, credits, or anything of monetary value.
There are no in-app purchases, deposits, withdrawals, payouts, prizes, or rewards of any kind.
Any dollar amount, "stake," "wager," or "earnings" figure displayed in the App is a hypothetical value used to illustrate the scoring format. These numbers have no real-world value and are not an offer, invitation, or solicitation to place a bet.
The Developer does not endorse, promote, facilitate, enable, encourage, condone, or participate in any form of real-money gambling, wagering, or betting, in any jurisdiction, under any circumstances.

3. Eligibility and User Representations

By installing, accessing, or using the App, you represent, warrant, and agree that:

(a) You are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater, and you have the legal capacity to enter into these Terms.
(b) You will use the App for personal, non-commercial, entertainment purposes only.
(c) You are solely responsible for ensuring that your use of the App, and any conduct of your own inspired by or related to the App, complies with all laws, rules, regulations, and community standards of your jurisdiction. The terminology used in the App (including "bet," "wager," "press," "stake," and "earnings") is drawn from the traditional language of golf. It is not intended to describe a regulated gambling activity, and the Developer makes no representation that using such terminology is lawful in any particular jurisdiction.
(d) You will not rely on, export, screenshot, share, or otherwise use any information displayed in the App as the basis for real-money wagering, bookmaking, pool-organizing, or any similar activity in any jurisdiction where such activity is unlawful, restricted, licensed, or taxable.
(e) The Developer makes no representation regarding the legality of any conduct in any jurisdiction. You are responsible for knowing and following the laws that apply to you.
(f) You are not listed on any United States government list of prohibited or restricted parties, and you are not located in a country subject to United States embargo.

4. No Endorsement, No Facilitation

The Developer, its affiliates, agents, and licensors do not:

(a) Facilitate, process, or settle any financial transaction between users or between users and third parties.
(b) Maintain, host, or transmit any book, line, ledger, or record of real wagers.
(c) Organize, promote, sponsor, license, or profit from any wagering activity.
(d) Connect users for the purpose of real-money play, communicate with any gambling operator, or integrate with any payment processor for the purpose of wagering.
(e) Endorse, rank, review, or recommend any gambling service, sportsbook, or casino.

The App is a standalone scorekeeping utility. Any real-world activity between users is independent of the App and is the sole responsibility of those users.

5. License to Use the App

Subject to your compliance with these Terms, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on Apple-branded products that you own or control, solely for your personal, non-commercial use. This license is additionally subject to the usage rules set forth in Apple's App Store Terms of Service. All rights not expressly granted to you are reserved by the Developer and its licensors.

You do not acquire any ownership interest in the App or in any intellectual property rights.

6. Prohibited Conduct

You agree that you will not, and will not attempt to:

(a) Use the App for any unlawful purpose or in violation of any law, regulation, or third-party right.
(b) Use the App, or any information from the App, to organize, advertise, promote, facilitate, or settle real-money wagering, bookmaking, pools, or any similar activity where such activity is unlawful, restricted, or licensed.
(c) Impersonate any person, misrepresent your affiliation, or use another user's account.
(d) Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, invasive of privacy, hateful, or objectionable; or that infringes any intellectual property or other right of any third party.
(e) Upload, post, or transmit any advertising, promotional material, "spam," or any commercial solicitation, except where explicitly permitted.
(f) Interfere with or disrupt the App, the servers or networks used to provide the App, or the experience of other users.
(g) Reverse engineer, decompile, disassemble, tamper with, or attempt to derive the source code of the App, except to the extent that such restriction is prohibited by applicable law.
(h) Use any robot, scraper, spider, or similar automated means to access the App.
(i) Remove, obscure, or alter any proprietary notices on the App or on any materials provided through the App.
(j) Use the App to collect information about other users for purposes not authorized by these Terms.

The Developer may suspend or terminate your access to the App at any time, with or without notice, for any conduct the Developer in its sole discretion considers a violation of these Terms or otherwise harmful to the App or its users.

7. User-Generated Content

Some features of the App, including the Clubhouse feed, comments, reactions, chat messages, and friend interactions, let you create and share content ("User Content").

7.1 You Own Your User Content

You retain all ownership rights you had in your User Content before posting it.

7.2 License You Grant to Us

You grant the Developer a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, copy, display, distribute, modify (for formatting), and otherwise use your User Content solely to operate and improve the App and to deliver your User Content to the audience you have chosen. This license ends when you delete the User Content, except for copies that have already been received or retained by other users or that we must retain for legal or regulatory reasons.

7.3 Your Responsibility

You are solely responsible for your User Content. You represent and warrant that you own or have the necessary rights to post it, and that it does not and will not violate these Terms or the rights of any third party.

7.4 Moderation

The Developer is not obligated to monitor User Content but may, in its sole discretion, review, remove, or refuse any User Content that violates these Terms or that the Developer considers inappropriate. The Developer is not responsible for User Content posted by users. Users are responsible for the User Content they post and for complying with applicable law.

7.5 Reporting and Takedown

To report User Content that violates these Terms, contact us at support@presstrackerapp.com or through our contact page. We will review reports and take appropriate action, which may include removing content and suspending or terminating accounts.

7.6 DMCA Notices (Copyright)

If you believe any content on the App infringes your copyright, please send a written notice to our designated agent containing:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright.
Identification of the copyrighted work claimed to be infringed.
Identification of the material on the App that is claimed to be infringing, with enough detail that we can locate it.
Your contact information (address, telephone, email).
A statement that you have a good-faith belief that the disputed use is not authorized.
A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Send DMCA notices to privacy@presstrackerapp.com (Attn: DMCA Agent). We may remove or disable access to material claimed to be infringing, terminate the accounts of repeat infringers, and take other appropriate action.

8. Account Security

You are responsible for maintaining the security of the Apple account and device you use to access the App. You are responsible for all activity under your account. Notify us promptly at support@presstrackerapp.com of any unauthorized use.

9. Third-Party Services and Platforms

The App relies on services provided by Apple Inc., including Sign in with Apple, iCloud/CloudKit, and the Apple Push Notification service. Your use of those services is subject to Apple's terms and privacy policies. The Developer is not responsible for third-party services.

10. Intellectual Property

The App, including all software, design, text, images, logos, and other content (excluding User Content), is owned by the Developer or its licensors and is protected by intellectual-property laws. Except for the limited license in Section 5, these Terms do not transfer any intellectual-property rights to you.

11. Feedback

If you submit feedback, suggestions, or ideas about the App to us, you grant the Developer an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose, without any obligation to you.

12. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER AND ITS AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THE DEVELOPER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT (INCLUDING USER CONTENT) WILL BE ACCURATE OR RELIABLE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APP OR FROM THE DEVELOPER CREATES ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER AND ITS AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE DEVELOPER SHALL HAVE NO LIABILITY FOR ANY CLAIM, LOSS, OR DAMAGE RELATING TO GAMBLING, WAGERING, BETTING, BOOKMAKING, POOLS, FINANCIAL LOSS, OR DISPUTES BETWEEN USERS, INCLUDING ANY CLAIM BROUGHT BY A GOVERNMENTAL AUTHORITY, REGULATOR, OR PRIVATE PARTY ARISING FROM A USER'S OFF-APP CONDUCT.

IN ANY CASE, THE DEVELOPER'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD) OR THE AMOUNT YOU HAVE PAID THE DEVELOPER IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, the Developer's liability is limited to the fullest extent permitted by applicable law.

14. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Developer and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

(a) Your use or misuse of the App;
(b) Your User Content;
(c) Your violation of these Terms;
(d) Your violation of any law, regulation, or third-party right, including any gambling, wagering, or consumer-protection law of any jurisdiction;
(e) Any wager, bet, pool, or financial arrangement you enter into with any person, whether or not related to content displayed in the App;
(f) Any dispute between you and any other user.

The Developer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which case you will cooperate with the Developer in asserting any available defenses.

15. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

15.1 Informal Resolution

Before filing a claim against the Developer, you agree to try to resolve the dispute informally by contacting privacy@presstrackerapp.com and providing a written description of the dispute and your proposed resolution. The parties will attempt in good faith to resolve the dispute for at least 30 days before either party may start an arbitration.

15.2 Binding Arbitration

If the dispute is not resolved informally, you and the Developer agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App, whether in contract, tort, statute, or otherwise, shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified by this Section. The arbitration shall be held in OH, United States, or at another location mutually agreed upon. Arbitration shall be conducted by a single arbitrator. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this arbitration agreement.

15.3 Class-Action Waiver

YOU AND THE DEVELOPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable, then the entirety of this Section 15 shall be null and void.

15.4 Exceptions

Nothing in this Section 15 prevents either party from:

(a) Bringing an individual claim in small-claims court for any dispute within that court's jurisdiction;
(b) Seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual-property rights or to enforce the prohibited-conduct provisions of Section 6; or
(c) Filing a complaint with a government agency.

15.5 Opt-Out of Arbitration

You may opt out of this arbitration agreement by sending written notice to privacy@presstrackerapp.com within 30 days of first accepting these Terms, including your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not relieve you of any other obligation under these Terms.

16. Governing Law

These Terms and any dispute arising out of or related to them or the App are governed by the laws of the State of OH, United States, and applicable federal law, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 15, you and the Developer consent to the exclusive jurisdiction of the state and federal courts located in OH for any dispute not subject to arbitration.

17. Termination

You may stop using the App and delete your account at any time. The Developer may suspend or terminate your access to the App at any time, with or without notice, for any conduct that the Developer in its sole discretion considers a violation of these Terms or otherwise harmful to the App or its users.

Sections that by their nature should survive termination (including Sections 2, 3, 4, 7.2, 10, 11, 12, 13, 14, 15, 16, and 20) survive termination of these Terms.

18. Changes to These Terms

The Developer may modify these Terms from time to time. When we do, we will update the "Last Updated" date at the top and, if the change is material, provide reasonable in-App notice. Your continued use of the App after a change constitutes your acceptance of the revised Terms. If you do not agree to a change, you must stop using the App.

19. Apple-Specific Terms

(a) These Terms are between you and the Developer, not with Apple Inc. Apple is not responsible for the App or its content.
(b) The license granted to you in Section 5 is limited to use of the App on Apple-branded products that you own or control, consistent with the Usage Rules set forth in the Apple Media Services Terms and Conditions.
(c) Apple has no obligation to provide maintenance or support services for the App.
(d) If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
(e) The Developer, not Apple, is responsible for addressing any claims relating to the App, including (i) product-liability claims, (ii) claims that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection or similar legislation.
(f) The Developer, not Apple, is responsible for investigating, defending, settling, and discharging any third-party claim that the App or your use of it infringes that third party's intellectual-property rights.
(g) You represent that you are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and that you are not listed on any United States government list of prohibited or restricted parties.
(h) Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Developer regarding the App.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect.
No waiver. The Developer's failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment. You may not assign these Terms. The Developer may assign these Terms at any time without restriction.
Notices. Notices to you may be sent by in-App notification, email, or posting on the App's support page. Notices to the Developer must be sent to privacy@presstrackerapp.com.
Force majeure. The Developer is not liable for delays or failures caused by events beyond its reasonable control.
Relationship. Nothing in these Terms creates any agency, partnership, or joint-venture relationship between you and the Developer.
Language. These Terms are drafted in English. Any translation is for convenience only, and the English version controls.
Headings. Headings are for convenience only and have no legal effect.

21. Contact

Questions about these Terms:

Kaleb Smith / Press Tracker Email: support@presstrackerapp.com · Web: presstrackerapp.com/contact

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