Effective Date: August 1, 2023
), mobile application (e.g., the GolfForever guided training app, downloadable from the iOS
store or the Google Play
PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND YOU HAVE THE AUTHORITY AND CAPACITY TO ACCEPT THE TERMS SET FORTH HEREIN. IF YOU DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
MANDATORY BINDING ARBITRATION
THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND GOLFFOREVER MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST GOLFFOREVER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 13 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH GOLFFOREVER.
AUTOMATICALLY RENEWING SUBSCRIPTIONS
PLEASE SEE SECTION 5 OF THESE TERMS FOR TERMS RELATING TO AUTOMATICALLY RENEWING SUBSCRIPTIONS.
HEALTH ACKNOWLEDGEMENT/NO MEDICAL ADVICE
You acknowledge that although individuals associated with GolfForever may be licensed healthcare providers and/or athletic trainers, such individuals will not be providing you with individualized healthcare and/or training advice. You understand and agree that it is your responsibility to speak with a healthcare provider as to whether participation in any GolfForever program related to physical exercise or stretching is advisable in light of your health background. You further acknowledge and agree that GolfForever is not a healthcare provider, and you understand that if you experience any injury, condition, or impairment that may cause you pain, fatigue, shortness of breath, or chest discomfort, then you should contact a healthcare provider for medical advice. You are responsible for providing accurate responses to assessment questions and for periodically retaking the assessment if your physical condition has changed. You understand that your personalized program will be designed based on your answer to those questions and that we are not liable for any actions taken by us in response to false information provided in response to assessment questions.
By performing any exercise, stretch, or other physical activity based on or in connection with the Service, you represent and agree that (i) you are physically capable of participating in a strength and flexibility training exercise program and using the equipment associated with such training, and (ii) you have either (a) had a physical examination and been given a physician’s permission to participate in this training program, or (b) decided to participate in this training program without the approval of a physician solely at your own risk.
Additionally, the information, files, documents, text, photographs, images, audio, video, and any other material made available for viewing or download on the Service (collectively, the “Content”) is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Service.
GolfForever is not subject to the health insurance portability and accountability act of 1996, as amended, (“HIPAA”). This means that GolfForever is not bound by HIPAA to protect health information that you provide to us in the same manner that your doctor is required to protect information you may provide to him or her.
2. Use of Service
GolfForever provides a technology platform connecting subscribed users to golf-specific tools, such as the GolfForever Swing Trainer and the Golf-Fit Score tracker, at-home training videos, stretching and work-out routines, customized golf-focused improvement plans, and other similar content (collectively, our “Golf Training System”). If you use the Service, such as our Golf Training System, you acknowledge and agree that you must (i) provide all equipment necessary for your own Internet connection, including computer and/or tablet and/or mobile device and modem, and (ii) provide for your access to the Internet. You may access or visit the Service without subscribing or registering for an account with GolfForever (“Account”). For example, you may purchase the GolfForever Swing Trainer
through our shop web page without creating an Account. However, access, use and membership or participation in certain parts of the Service, such as our Golf Training System, may be limited to Account-holders with a current and valid GolfForever subscription plan.
3. User Accounts
If you create an Account, you agree that the information you provide to us during the registration process and at all other times when you use the Service is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that GolfForever has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, GolfForever has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).
You are the sole authorized user of any Account you create through the Service and are solely and fully responsible for all activities that occur under your Account. You may not authorize others to use your Accountholder status, and you may not assign or otherwise transfer your Account to any other person or entity. If you have reason to believe that your Account is no longer secure, you must immediately notify us by contacting us at email@example.com
. GolfForever will not be liable for losses, damages, liability, expenses, and fees incurred by GolfForever or a third party arising from someone else using your Account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.
Certain features of the Service, including placing orders, may require you to pay fees, including any monthly, annual, or other recurring subscription fee(s), to GolfForever or our third-party vendors, including, but not limited to, service fees and shipping fees. GolfForever may change the fees at any time as we deem necessary or appropriate for our business. You acknowledge and accept that a fee will be charged and you agree to pay such a fee.
You are liable for all transaction taxes for purchases on the Service, including any applicable sales, use or value added taxes. Payment will be processed by GolfForever’s independent third-party payment processor, using the preferred payment method designated by you through your Account settings or as provided during the registration or check-out process. If you are an Accountholder and would like to use a different payment method, please visit your Account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us.
Charges paid by you for completed and delivered orders are final and non-refundable. GolfForever has no obligation to provide refunds, credits, or promotional offers, but may grant them, in each case in GolfForever’s sole discretion.
If payment due on your Account is delinquent, we reserve the right to suspend or terminate your access to the Service; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs.
5. Automatic Renewal of Subscription
If your Subscription is subject to an automatic renewal clause (“Auto-Renewing Subscription”), you will be notified during the order process before you submit your billing information, and we will notify you by the email we have on file once your subscription has been created. Auto-Renewing Subscriptions will continue and automatically renew at the end of the initial term and each subsequent term thereafter. Your chosen Payment Method will be charged in the amount of the subscription renewal fee then in effect, pursuant to your chosen subscription program, until you cancel or your Account is otherwise suspended pursuant to these Terms.
To place and maintain an Auto-Renewing Subscription order, you must have Internet access and provide us with one or more valid payment methods, such as your credit or debit card information and billing information (collectively, “Payment Methods”). You acknowledge that the subscription fee billed may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If GolfForever changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
The length of the automatic renewal term is dependent on your chosen subscription and will be set forth on the order page. Before the end of the initial term and before your subscription renews, you will receive a renewal reminder notice via email.
You may cancel a subscription, including any free trial subscription, at any time through your Account settings or through the Apple App Store or Google Play Store, depending on how you purchased your subscription. For additional instructions on how to cancel your subscription, please visit this page
. If your subscription plan is subject to an initial trial period, promotional discount, or offered as part of a package deal (e.g., with a free gift), we will notify you at least 15 days prior to the expiration of the promotional term that your subscription will automatically renew upon the expiration of the promotional end.
If your chosen subscription term is 30 days or longer, you must provide us with written notice of your intent to cancel the subscription at least 72 hours prior to the end of your then existing subscription term in order to avoid payment for the subsequent term. If your subscription term is for a period of 1 year or longer, such written notice much be provided prior to the end of the then existing subscription term. Once cancelled, the Auto-Renewing Subscription will be removed from your Account. If you cancel your subscription, cancellation will be effective at the end of the current automatic renewal period. This means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
6. Ownership of Service
The Service and Content are the property of us or our licensors, as applicable. The Service and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
GolfForever grants you a non-exclusive, non-transferable, revocable, limited license to use the Service subject to these Terms and GolfForever policies made available on the Service. Neither the Service nor any related Content may be reproduced, copied, framed, linked to, or otherwise exploited for any commercial purpose without the express prior written consent of GolfForever.
8. User Submissions
You acknowledge and understand that GolfForever may provide, as part of the Service, a digital platform to permit users to post and interact with other users, such as through our Blog
page or our Review
You assign all intellectual property rights, including any moral, publicity and privacy rights you have in any User Submission. By submitting the User Submission to GolfForever, you agree GolfForever is free to use the User Submission, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. GolfForever and our designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the User Submission and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
Any GolfForever publication concerning our products, including information about training routines developed by third-party trainers, physical therapists, doctors, and other professionals in golf (collectively, “Golf Professionals”), may include inaccuracies or typographical errors. GolfForever shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. GolfForever may make improvements and/or changes in the products described in these publications at any time without notice.
9. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send GolfForever a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow GolfForever to locate the material on the Service;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send GolfForever a counter-notice. Notices and counter-notices must be sent to GolfForever’s designated copyright agent at firstname.lastname@example.org
10. Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, by (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) accessing or using the Service or any portion thereof without authorization; or (iv) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or harmful.
You agree not to use the Service:
• In any way that violates any applicable federal, state, local or international law or regulation;
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service or expose them to liability;
• For sending or storing any unlawful material or for deceptive or fraudulent purposes;
• To send or store any unsolicited, harassing, profane or hate-related or violent content, or any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights;
• To send or store any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity;
• To access another user’s account, impersonate any person or entity, or falsify or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
• For any commercial purpose, including, but not limited to advertising to, soliciting or selling to any other user or third party unless we have given you prior written consent to do so;
• In any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service;
• Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the materials on the Service;
• Use any manual process to monitor or copy any of the materials on the Service or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Service; or
• Otherwise attempt to interfere with the proper working of the Service.
In submitting User Submissions through the Service, you agree you will not:
• Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable;
• Post advertisements or solicitations of business or employment;
• Impersonate another person;
• Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GolfForever all of the license rights granted herein;
• Submit material that is unsuitable for minors in any country; or
• Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.
GolfForever reserves the right, but has no obligation, to refuse to post, block or remove User Submissions from the Service for any reason in our sole discretion. GolfForever may terminate your access to or use of our Service to prevent further posting or distribution of User Submissions.
11. Links to Third Party Sites
The Service may contain links to third-party websites, applications, and platforms, including links to our social media pages on Facebook
, and YouTube
12. Changes to Terms
The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage and shall become effective immediately upon posting. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Service after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
13. Mandatory Arbitration Agreement
, and/or any of GolfForever’s products, the Site, Content or software 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. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, Taunton 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.
b. Class Action Waiver. 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.
c. Enforceability. If this Arbitration Agreement is invalidated in whole or part, the parties agree that the exclusive jurisdiction and venue described in Section 17 shall govern any claim in court arising out of or related to the Agreement.
d. Jury Trial and Small Claims Court. 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.
14. Additional Terms for California Residents
Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at email@example.com
15. Disclaimer and Limitation of Liability
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED BY GOLFFOREVER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLFFOREVER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SERVICE, INCLUDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE, OR THE SERVICES PROVIDED THROUGH THE SERVICE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GOLFFOREVER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
GOLFFOREVER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF ANY GOLF PROFESSIONALS OR ANY PRODUCTS, EQUIPMENT, PROGRAMS, OR OTHER CONTENT DEVELOPED OR PROVIDED BY THEM. GOLFFOREVER ALSO DOES NOT WARRANT THAT THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THE SERVICE, IN WHOLE OR IN PART, WILL MEET YOUR EXPECTATIONS OR BE COMPATIBLE WITH YOUR HEALTHCARE PROVIDER’S RECOMMENDATIONS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE OR DECISIONS YOU MAKE REGARDING THE PRODUCTS AND PROGRAMS OFFERED THROUGH THE SERVICE, REMAINS SOLELY WITH YOU.
Any claims arising in connection with your use of the Service must be brought within one (1) year of the date of the event giving rise to such action occurred. Nothing in these Terms will limit any liability that cannot be limited or disclaimed under applicable law.
You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from: (i) any violation by you of these Terms, including any violation of any applicable laws, rules or regulations; (ii) any dispute or issue between you and any third party, including any Golf Professional; or (iii) from our termination of your access to or use of the Service. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
These Terms 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. Venue for any action at law or in equity arising out of or relating to these Terms 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, GolfForever may seek equitable, including injunctive, in any court of competent jurisdiction in the event of any breach or threatened breach of these Terms by you.
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Service and any Service-related products, programs, materials, and other Content, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any Content generated by you on the Service, block your access to the Service, and/or block IP addresses.
If any provision of these Terms is held to be unenforceable, the remaining Terms 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 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 shall not be construed as a waiver of any right.
18. How to Contact Us
If you have any questions, comments or notices regarding these Terms, please contact us at:
• Email: firstname.lastname@example.org
• Postal Mail: Back Story, LLC d/b/a GolfForever, PO Box 551131, Gastonia, North Carolina, 28055