EFFECTIVE DATE: NOVEMBER 14, 2024

Thank you for visiting the GolfForever Online Shop (together with all microsites or subdomains hosted thereunder) (the “Site”). These Terms of Sale (the “Terms of Sale”) along with the Privacy Policy and Terms of Use incorporated herein apply to your purchase of products (“Products”), on the Site. These Terms of Sale, when agreed to by you, will form a binding agreement between you and Back Story, LLC d/b/a GolfForever (collectively “GolfForever,” “we,” “us,” “our,” and other similar pronouns). The terms “you” and “your” and other similar pronouns mean any person or entity who uses the Site to make a purchase.

Although the Site may be accessible worldwide, the Products offered on the Site are intended for purchase and use in the United States (the “Territory”). You acknowledge and agree that the Site and the Products may not be designed for use outside of the Territory and some or all of the features of the Site and Products may not work or be appropriate for use outside of the Territory. If you choose to access the Site and/or use the Products outside of the Territory, you do so at your own risk and you are solely responsible for complying with all laws applicable in such jurisdiction.

You acknowledge and agree that you are purchasing each Product solely for your own personal, or internal business, use. You agree that you will not offer the Products for sale to any person or entity, unless you have been separately authorized in writing by GolfForever as a reseller of the Products. GolfForever reserves the right to cancel any purchase of any Product by an unauthorized reseller, dealer or distributor.

ACCEPTANCE OF TERMS

Your use of the Site to make a purchase indicates your acceptance of these Terms of Sale. If you do not accept these Terms of Sale, do not make any purchase on the Site. From time to time these Terms of Sale may be revised by updating this document and posting it on the Site, so please review these Terms of Sale each time prior to making a purchase on the Site. Every time you make a purchase on the Site, the Terms of Sale in force at that time will apply to such purchase. Any additional or different terms and conditions set forth in any purchase order, acknowledgement or document issued by you will have no effect.

If you are purchasing any Products via the Site on behalf of an entity with which you are employed, engaged or associated (“Company”): (i) you agree that Company shall be bound by these Terms of Sale; (ii) you represent that you have full legal authority to bind Company to these Terms of Sale; and (iii) as used in these Terms of Sale, the term “you” or “your” refers to the Company (and its officers, directors, employees and agents) identified in the information submitted during the purchasing process.

You acknowledge and agree that, in addition to these Terms of Sale, your receipt and use of the Products may be subject to the terms and conditions of a distribution agreement and/or sales agreement(s) or such other agreement(s), if any, between you and GolfForever under which you purchase the Products. In the event that a conflict exists between these Terms of Sale and the aforementioned agreement(s), such agreement(s) will take precedence with respect to your receipt and use of the Products; to the extent that these Terms of Sale contains terms and conditions not contained in such agreement(s), you further accept such terms and conditions with respect to the receipt and use of the Products.

PRICING AND AVAILABILITY

The price for each Product is provided on the Site, provided that prices are subject to change at any time, but changes will not affect any order you have already placed. Please note that GolfForever uses a third party payment processor to link your credit card to your purchase on the Site, and the processing of your payments will be subject to the terms, conditions and privacy policies of the payment card processor and your credit card issuer, as applicable, in addition to these Terms of Sale. Unless otherwise indicated on the Site, Product pricing is exclusive of applicable taxes, which will be presented to you and charged during the checkout process or in a subsequent invoice. All Products offered on the Site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products without prior notice.

PAYMENT

By providing a credit card or other payment method accepted by GolfForever, you represent and warrant that you are authorized to use the designated payment method, and you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges detailed at checkout). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. GolfForever reserves the right at any time and from time to time, to revoke, suspend or change any credit terms extended to you because of your failure to pay for any Products when due or for any other reason deemed good and sufficient by GolfForever. In such case, in addition to any other remedies herein or provided by law, cash payment or satisfactory security from you may be required by GolfForever before shipment, or the due date of your payment under any contract or order with GolfForever may be accelerated by GolfForever. Failure to pay invoices when due shall make any subsequent invoices immediately due and payable, regardless of terms, and GolfForever may withhold all subsequent deliveries until the full account is settled. Acceptance by GolfForever of less than full payment shall not be a waiver of any of its rights. If you become bankrupt or insolvent, or a receiver is appointed for you in any court, GolfForever may forthwith terminate your order for Products by written notice thereof to you, and such termination shall not prejudice GolfForever’ rights to any amounts then due under such order. You represent to GolfForever that you are financially solvent as of the date of submitting an order for Products.

SITE TRANSACTIONS

We reserve the right to refuse any order you place with us on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per Company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

DELIVERY

Prices for the Products do not include shipping and handling costs. Shipping and handling charges are based on the shipping method and the size of your Product order. When you make a purchase on the Site, the shipping and handling charges are estimated and will be presented and charged to you during the checkout process or in a subsequent invoice. The delivery address you provide cannot be a freight forwarding location. We are also unable to deliver to PO boxes. Shipping dates are approximate and based upon prompt receipt of all necessary information. GolfForever reserves right to deliver all of the Products purchased under an order at one time or in installments. If applicable, installments shall be separately invoiced and paid as billed without regard to subsequent deliveries. No offset shall be allowed against the payment due for such installment. Failure to pay for any installment when due shall excuse GolfForever from making further deliveries. Delay in the delivery of any one installment shall not relieve you of your obligation to accept remaining installments. The delivery by GolfForever of non-conforming Products or a default by GolfForever of any nature respecting one or more installments shall not substantially impair the value of any order as a whole and shall not constitute a total breach with respect to such order as a whole. Should you fail to accept or pay for each individual installment or delivery, GolfForever may, without prejudice to any other lawful remedy, defer further shipments or deliveries until acceptance by you or payment is made by you or, at its option, GolfForever may, without liability whatsoever, terminate the applicable order as to any unaccepted or undelivered portion or installment, as well as any other outstanding contract with you, and you shall be responsible for any expenses, or losses sustained by GolfForever in so doing.

TITLE AND RISK OF LOSS

Risk of loss to the Products purchased by you shall pass to you upon GolfForever’s delivery of the Products to the carrier. Title in the Products purchased by you shall not pass to you until GolfForever has received payment in full for such Products.

INSPECTION

You agree to inspect the Products immediately upon your receipt thereof. Any claims based on non-conforming Product deliveries shall be deemed waived and released by you, and such Products shall be deemed to have approved and accepted, unless made in writing within fifteen (15) days after the delivery of the Products in accordance with the applicable order. No person, firm or corporation is authorized to assume for GolfForever any other liability in connection with the sale of the Products. GolfForever and its representatives shall be given due opportunity to investigate any such claims of non-conformance. If any portion of the Products delivered to you is defective, GolfForever shall have the right in its discretion either to replace such defective Products or to refund the portion of the purchase price applicable thereto. No Products shall be returned to GolfForever without GolfForever’ prior written authorization.

RETURNS OR EXCHANGES; WARRANTY

Products are subject to any applicable return or exchange policy, and to any applicable limited warranty (the “Limited Warranty”), contained on the Site.

PERSONAL DATA AND PRIVACY

By placing an order for Products on the Site, you agree and understand that we may store, share, process and use your personal information collected through the purchase process for the purposes of processing the order. For more information about how we may use such personal information, please view our Privacy Policy.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

EXCEPT AS STATED IN THE LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) ALL PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER AND (II) GOLFFOREVER DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOLFFOREVER IS NOT A LICENSED HEALTHCARE PROVIDER, AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF ITS SERVICES OR RECOMMENDATIONS, OR ANY PRODUCTS SOLD OR RECOMMENDED, WILL CURE ANY ILLNESSES OR DISEASES OR IMPROVE THE OVERALL HEALTH OR WELL-BEING OF ANY SPECIFIC INDIVIDUAL(S). NEITHER GOLFFOREVER’S SERVICES NOR THE INFORMATION DISPLAYED ON THE SITE CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF ANY PROFESSIONAL HEALTHCARE SERVICES, DIAGNOSIS OR TREATMENT, AND NOTHING DISPLAYED ON THE SITE SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL (I) GOLFFOREVER OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF GOODWILL, PERSONAL OR PROPERTY DAMAGE), WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOLFFOREVER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (II) GOLFFOREVER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EXCEED THE TOTAL OF THE AMOUNTS PAID TO GOLFFOREVER FOR THE PRODUCT(S) SOLD HEREUNDER THAT ARE THE BASIS OF SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

FORCE MAJEURE

GolfForever and its affiliates and their respective officers, directors, employees, agents and vendors will not be liable hereunder if it is delayed, hindered, interrupted in or prevented from the performance of any of its obligations hereunder, including, without limitation the shipment or delivery of any Products, to the extent resulting, directly or indirectly, from any cause or event beyond its reasonable control, including, but not limited to, hostilities, terrorism, war, civil disturbance, embargo, any governmental order, rule, regulation or direction, riots or other civil disorder, strikes or other labor difficulties, epidemic, pandemic, infectious disease out-breaks or any other public health crisis (including quarantine or other employee restrictions), shortage of suitable materials, labor or transportation, or acts of God or natural disasters such as but not limited to a hurricane, tornado, tsunami, earth-quake, or fire.

ELECTRONIC COMMUNICATIONS

When you use the Site or send emails to GolfForever, you are communicating with us electronically. After you make a purchase on the Site, we will collect and store your email address, and you agree that we may use your email address to send information about GolfForever’s products and services, until and unless you opt-out of receiving such messages. Further, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MANDATORY ARBITRATION AGREEMENT

Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms of Sale and/or any of GolfForever’s products will be resolved by binding arbitration, rather than in court, except that you or we (1) may assert claims in small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). At least 30 days before beginning an arbitration proceeding, you must send an individualized letter identifying yourself, your legal claims, the requested relief and requesting arbitration to Back Story, LLC d/b/a GolfForever, PO Box 551131, Gastonia, North Carolina, 28055 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Except as otherwise stated herein, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. You and we also agree to delegate the issue of arbitrability to an arbitrator. The AAA’s rules are available at www.adr.org. Payment of administration and arbitrator fees will be governed by the AAA’s rules, except the filing fees will be paid by the filing party. GolfForever may seek its attorney’s fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. This arbitration agreement will survive termination of the agreement. We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis. If this arbitration agreement is invalidated in whole or part, the parties agree that the exclusive jurisdiction and venue described below shall govern any claim in court arising out of or related to the Terms of Sale. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

MISCELLANEOUS

These Terms of Sale shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. Subject to the Mandatory Arbitration Agreement above, venue for any action at law or in equity arising out of or relating to these Terms of Sale shall be exclusively limited to the state or federal courts located in Philadelphia County, Commonwealth of Pennsylvania or the Eastern District of Pennsylvania. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such action and waive any defenses of lack of minimum contacts or forum non conveniens. Notwithstanding any provision of these Terms of Sale, GolfForever may seek equitable, including injunctive, in any court of competent jurisdiction in the event of any breach or threatened breach of these Terms of Sale by you. If any provision of these Terms of Sale is held to be unenforceable, the remaining Terms of Sale shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. No waiver by us of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms of Sale shall not be construed as a waiver of any right. You agree that these Terms of Sale and any other agreements referenced herein may be assigned by GolfForever, in our sole discretion, to a third party in the event of a merger or acquisition or sale of all or substantially all of the assets of GolfForever. These Terms of Sale shall apply in addition to, and shall not be superseded by, any other written agreement between you and GolfForever.