Last Updated: September 12, 2024

Welcome to LIV X (the “Program”) offered by LIV Golf Ltd and its affiliated entities (collectively, “LIV Golf,” “we”, “us”, or “our”). The Program allows eligible and registered participants (each, a “Participant” or “you”) to earn points (“Points”) that can be redeemed for certain offered rewards (“Rewards”). The Program also allows certain Participants the opportunity to obtain certain offered Tier Benefits (as defined below) based on the number of Points that an eligible Participant has earned.

1. Acceptance

Participation in the Program is subject to these terms and conditions (as may be amended from time to time, these “Terms”), the LIV Golf Terms of Use , LIV Golf Privacy Policy, and any other LIV Golf policies referenced herein. By opting into the Program and activating a LIV X account (an “Account”), you accept and agree to comply with these Terms. In the event of any direct conflict between these Terms, on the one hand, and the LIV Golf Terms of Use or LIV Golf Privacy Policy, on the other hand, these Terms shall govern solely to the extent related to the Program. PLEASE READ THESE TERMS CAREFULLY.

SECTION 13 OF THESE TERMS CONTAINS PROVISIONS REQUIRING THAT DISPUTES BETWEEN PARTICIPANTS AND LIV GOLF ARE TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT (SUCH PROVISIONS COLLECTIVELY, THE “ARBITRATION AGREEMENT”). SEE SECTION 13 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT AND HOW TO OPT OUT.

2. Eligibility and Account

The Program is available to individuals who are at least eighteen (18) years old. LIV Golf reserves the right to request proof of eligibility at any time.

Each Account (including any associated Points, Rewards, and Tier Benefits, as defined below) is personal to each Participant and may not be shared, sold, transferred or assigned to any other persons, or used by a Participant for any commercial purpose. Each Participant is limited to one Account. Each Participant is responsible for maintaining the security of their Account and is responsible for all activities that occur under their Account.

3. Modification and Termination

LIV Golf reserves the right to modify any of the terms and conditions governing the Program at any time (including, but not limited to, the ways to earn Points, the number of Points Participants can earn, the rules for redeeming Points, the items for which Participants can redeem Points and the corresponding Point values, and the expiration of Points). If we make material modifications, we will provide Participants notice through the email address associated with their Account. Unless LIV Golf provides otherwise, modifications are effective immediately upon posting of the updated Terms.

As permitted by applicable law, each Participant’s continued participation in the Program constitutes their acceptance of any changes LIV Golf makes to these Terms. Participants agree to review the Terms on a regular basis in order to be apprised of any changes to the foregoing. The date listed above indicates the date of the most recent version of these Terms.

LIV Golf reserves the right to suspend or terminate the Program (in part or in its entirety) at any time and for any reason. Any Participant may terminate their Account if they do not agree with any change LIV Golf makes to the Program or if they decide that they no longer wish to participate in the Program. Participants may terminate their Account by following the instructions below in Section 7 (Opt Out).

4. Tier Benefits

LIV Golf will set certain Points tiers (e.g., Rookie, Scratch, Semi-Pro, Pro, Legend) (each, a “Tier”), which may unlock additional discounts and/or benefits (“Tier Benefits”). Participants can view their current Tier and any available Tier Benefit by visiting the LIV Golf app (the “App”). As Participants earn more Points through the course of their participation in the Program, they will advance through the Tiers. Unless otherwise provided by LIV Golf, redemption of Points will not affect Tier status. Tier Benefits cannot be redeemed for cash, have no cash value and cannot be combined with any other ticket or promotional offer of LIV Golf or any third party. The total number of Points needed to reach each Tier, the rules for reaching each Tier, and the Tier Benefits associated with each Tier will be determined, and may be changed, limited, modified or canceled by LIV Golf at its discretion.

5. Earning Points

Points may be accrued by Participants for engaging in certain activities relating to LIV Golf or its affiliates, as may be offered by LIV Golf from time to time through the App. Such activities may include purchasing eligible LIV Golf event tickets, making eligible purchases, completing tasks and challenges in the App, and playing games available in the App. All eligible activities for earning Points will be available in the App and will be determined by LIV Golf in its sole discretion. Participants must follow the instructions set forth in the App in order to participate. Participants should regularly consult the App for updates on how to earn Points.

Points may not be used for any purpose other than to redeem Rewards. Points cannot be redeemed for cash, have no cash value and cannot be combined with any other ticket or promotional offer of LIV Golf or any third party. Points cannot be transferred, sold or assigned. LIV Golf will not be responsible or liable for the accuracy of Points information in any Account or any unauthorized Points redemption activity. The rules for earning, retaining or forfeiting Points will be determined, and may be changed, limited, modified or canceled by LIV Golf at its discretion.

LIV Golf will endeavor to add any earned Points to a Participant’s Account as soon as practicable after the Points are earned. Points do not expire unless LIV Golf terminates or modifies this Program by updating these Terms.

If any Participant believes that they did not receive Points or that there is an error with their Account, the Participant should contact LIV Golf by email at liv.x@livgolf.com no later than thirty (30) days following the date such Participant expected to earn the Points. Requests to audit Points or resolve Account errors received after the notice period will not be considered. LIV Golf will investigate any issues and will endeavor to promptly resolve any errors; provided, that LIV Golf’s good faith determination of the amount of Points a Participant should have earned will be final and binding.

6. Rewards

Participants may use Points to redeem Rewards, as may be offered by LIV Golf from time to time through the App or otherwise in the LIV X Rewards Store (the “Store”). Rewards are generally limited in quantity and subject to availability, and may include select merchandise, tickets to LIV Golf events and experiences (each, an “Experience”), or entries into sweepstakes or contests (each a “Promotion”). A description of each Reward and the Points required to redeem such Reward will be posted on the App and in the Store. All Rewards available in the App and in the Store will be determined by LIV Golf in its sole discretion. Participants should regularly consult the App and the Store for updates about Rewards descriptions and availability.

Each Experience may be subject to its own terms and conditions, and Participants may be required to sign waivers and releases in favor of LIV Golf as a condition precedent to participating in any Experience. If Participants are eligible to bring a guest to an Experience, each guest must be of legal age of majority in their jurisdiction of residence unless accompanied by a parent or legal guardian.

Each Promotion will be subject to additional terms and conditions, which will be provided to the Participant prior to entry. Participants must agree to such additional terms and conditions as a condition precedent to any participation in such Promotion.

If tickets to LIV Golf events are awarded by LIV Golf in connection with the Program, then such tickets will be subject to the LIV Golf Ticketing General Terms of Sale.

Points redeemed for Rewards will be subtracted from a Participant's Account at the time the Participant makes the applicable redemption. Once Points have been redeemed, they will no longer be valid and may not be returned or refunded to a Participant’s Account for any reason. Rewards are intended for personal use only and cannot be resold or used for any commercial or promotional purpose. Any use of a Reward in violation of these Terms may result in the termination of a Participant’s Account.

7. Opt-Out

Participation in the Program is voluntary and Participants may withdraw from the Program at any time. If a Participant no longer wishes to participate in the Program, such Participant may delete their Account at any time from within the App or by exercising their right to delete their personal data as set out in the LIV Golf Privacy Policy. Participants also may withdraw from the Program by emailing liv.x@livgolf.com from the email address associated with their Account and including “Delete My LIV X Account” as the subject of the email. If a Participant elects to terminate their participation in the Program, the applicable Account along with all accumulated Points and eligibility for Rewards and Tier Benefits shall be permanently deleted.

8. Privacy Policy

The LIV Golf Privacy Policy explains what personal data we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal data, and how to contact us.

9. General

The rules for earning Points and redeeming Rewards or Tier Benefits will be determined, and may be changed, limited, modified or canceled by LIV Golf at its sole discretion. Rewards and Tier Benefits that are limited in quantity will be subject to redemption on a first-come, first-served basis. Participants are solely responsible for all shipping costs and taxes (if any), which may be due in any jurisdiction in connection with any Reward or Tier Benefit redemption.

LIV Golf reserves the right and sole discretion to terminate or suspend any Participant Account at any time and, and grounds for termination shall include, without limitation, failure to comply with: (a) these Terms, (b) the LIV Golf Terms of Use, (c) LIV Golf Privacy Policy, (d) LIV Golf Ticketing General Terms of Sale, (e) the terms and conditions of any Promotion, (f) other applicable policies and rules of LIV Golf, (g) applicable law; or (h) the instructions of LIV Golf (whether related to online or offline behavior, including behavior at a LIV Golf event, or otherwise).

10. Limitation of Liability

LIV Golf and its direct or indirect affiliates and subsidiaries, and each of their respective general partners, limited partners, stockholders, owners, members, directors, officers, employees, contractors, agents and representatives (collectively, the “Released Parties”) will have no liability or responsibility whatsoever for, and shall be held harmless by any and all Participants and others against any liability for any and all injuries, losses or damages of any kind (including, without limitation, direct, indirect, incidental, consequential or punitive or exemplary damages) to persons or entities arising in whole or in part directly or indirectly, from any Participant’s participation in the Program or use of a Tier Benefit or Reward by the Participant. For New Jersey residents, the limitations set forth above may be inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

The Released Parties will not be responsible if any Reward or Tier Benefit cannot be awarded or fulfilled for any reason. Under all circumstances, the total cumulative liability of the Released Parties to any single Participant arising from or related to the Program or these Terms shall not exceed Twenty-Five U.S. Dollars ($25).

In no event shall the Released Parties be liable for any delay in or failure to fulfill a Reward or Tier Benefit due to any cause beyond the reasonable control of any Released Party including, without limitation, any act of God, civil disturbance or war, strike or lockout or other labor dispute, natural disaster, weather, terrorism, health emergency, epidemic or pandemic.

11. Disclaimers

The Program, including any Rewards or Tier Benefits, the App, and the Store, are provided “as-is” and “as-available”. The Released Parties make no warranties, express or implied, with respect to the Program, Rewards, or Tier Benefits, and the Released Parties expressly disclaim all other warranties, express or implied, including (without limitation) any warranties of merchantability or fitness for a particular purpose.

The Released Parties shall not be responsible or liable for any interruption in service, errors or omissions in connection with the Program (including, without limitation, with respect to a Participant’s Account, the Program website, the App, or the Store), whether caused by LIV Golf or otherwise. The Released Parties do not guarantee continuous, uninterrupted or error-free service or use of the App or the Store, the Program website or any Participant’s Account, and shall have no liability with respect to the foregoing.

12. Indemnification

Each Participant agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses (including, without limitations attorneys’ fees and expenses) arising out of or relating to such Participant’s participation in the Program, or the use of any Reward or Tier Benefit by Participant.

13. Arbitration Agreement and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE PARTICIPANTS TO ARBITRATE DISPUTES WITH LIV GOLF AND LIMIT THE MANNER IN WHICH PARTICIPANTS CAN SEEK RELIEF.

Except as otherwise prohibited by federal law, Participant and LIV Golf agree that any and all claims and disputes relating in any way to these Terms, and any related dealings between them, including (i) disputes concerning the Program, (ii) the validity, scope and enforceability of this Arbitration Agreement and claims of personal injury (including illness and death), (iii) property damage arising out of attendance at and any LIV Golf event by any Participant, or (iv) the validity, scope or enforceability of this Arbitration Agreement (collectively, “Arbitration Claims”), shall be submitted and resolved by binding arbitration.

Arbitrations shall be administered by JAMS in accordance with its then-existing commercial arbitration rules. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to the FAA. The arbitration shall take place in New York, New York. The arbitration shall be presided over by a single arbitrator. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Participants and LIV Golf alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. The arbitrator’s decision shall be final and binding.

With respect to any Arbitration Claim, neither any Participant nor LIV Golf shall have the right to have a court or jury trial or participate in a class action or class arbitration. Participants and LIV Golf each understand and agree that by requiring each other to resolve all disputes through individual arbitration, THE PARTICIPANTS AND LIV GOLF ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Notwithstanding the foregoing, Participants and LIV Golf each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so.

This Arbitration Agreement will survive the termination of the Terms, the Program and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).

Prior to bringing a claim under this Arbitration Agreement, the claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to LIV Golf or any other Released Party shall be sent by mail to: LIV X Arbitration Claim Notice 32nd Floor 10 Grand Central 155 East 44th Street New York, New York 10017 Any Claim Notice must (i) identify the claimant by name, address, email address, and telephone number; (ii) explain the nature of the Arbitration Claim and the relief demanded; and (iii) be submitted only on behalf of the claimant, and not on behalf of any other party. The claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.

Notwithstanding Sections 13(b) – (f), above, in the event the dispute involves Participant’s failure to participate in the arbitration in good faith, or frustrates the arbitration process and/or the arbitration process reaches an impasse, then as a result of any of the foregoing, LIV Golf, at its sole option, shall be relieved from the Arbitration Agreement and may immediately proceed with any legal action, suit or proceeding in the United States District Court for the Southern District of New York, or the State Courts of New York located in New York County. Participant further acknowledges and agrees that if LIV Golf is forced to proceed under this Section 13(g) with respect to any dispute, such dispute is likely to involve complicated and difficult issues. Accordingly, Participant hereby irrevocably and unconditionally waives any right it may have to a trial by jury in respect to any litigation contemplated hereunder.

PARTICIPANT HAS THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT PARTICIPANT MUST EXERCISE THIS RIGHT PROMPTLY. If Participant does not wish to be bound by the Arbitration Agreement, Participant must notify LIV Golf by mailing a written opt-out notice, postmarked within seven (7) days after Participant acknowledges acceptance of and agrees to be bound by these Terms. Participant must send the request to: LIV X Arbitration Opt-Out 32nd Floor 10 Grand Central 155 East 44th Street New York, New York 10017

The request must include your full name, address, Account number, and the statement “I reject the Arbitration Agreement contained in the LIV X Loyalty Terms and Conditions.” If Participant exercises the right to reject arbitration, the other terms in these Terms shall remain in full force and effect as if Participant had not rejected arbitration.

14. Notices

Any notice to be provided pursuant to these Terms shall be provided as follows: (a) to the Participant: to the email address included in the Account; and (b) to LIV Golf: liv.x@livgolf.com

15. Governing Law and Venue

These Terms shall be governed and construed under the laws of the State of New York, without regard to its conflicts of laws principles. Subject to the Arbitration Agreement above, LIV Golf and each Participant irrevocably agrees that any legal action, suit or proceeding against them arising out of or in connection with the Program or these Terms or disputes relating hereto (whether for breach of contract, tortious conduct or otherwise) shall be brought exclusively in the state or federal courts located in New York County in the State of New York and LIV Golf and each Participant hereby irrevocably accepts and submits to the exclusive jurisdiction and venue of the aforesaid courts in personam, with respect to any such action, suit or proceeding. Subject to the Arbitration Agreement above, each party waives, and agrees not to assert, any claim that such forum or venue is improper or inconvenient, or any such similar claim.

16. Miscellaneous

The Program is subject to all applicable federal, state, local and foreign laws, rules and regulations. The Program, including Rewards and Tier Benefits, the App, and the Store are offered in good faith, however, they may not be available if prohibited or restricted by applicable law or regulation.

The headings contained in these Terms are included for convenience of reference only and shall not affect in any way the meaning or interpretation of these Terms. The words “including” “includes” and “including” shall mean including without limitation. The word “or” is disjunctive, but not necessarily exclusive. The words “hereof,” “herein,” “hereunder,” and similar terms in these Terms refer to these Terms as a whole, and not to any particular provision of these Terms.

If any provision or sub-provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

No waiver by LIV Golf of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LIV Golf to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms and any other terms and conditions incorporated by reference herein set forth the entire understanding and agreement between each Participant and LIV Golf and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.