Terms of Sale

Please review these policies carefully as they are the Terms of Sale that govern your purchases on the website www.KatieBakken.com (“Website”). They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order on the Website constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order. These Terms of Sale are intended to supplement this Website’s Terms of Use. Golfing Fore Him LLC (GFH) takes the issue of privacy on the Internet very seriously and so we have issued a Privacy Policy.

Purchases

GFH accepts these forms of payment: credit cards issued by United States banks, payments through your PayPal account, Pro Shop Gift Certificates, Content Codes, and Allowance Account balances. If a credit card or your PayPal account is being used for a transaction, GFH may obtain pre-approval for an amount approximately equal to the amount of the order. Billing occurs at the time of or shortly after your transaction. If you are using 1-Click purchasing or your PayPal account, your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on your statement. If a Gift Certificate or Allowance Account is used for a transaction, the amount is deducted at the time of your transaction. When making purchases, content credits are used first, followed by Gift Certificates or Allowance Account credits; your credit card or PayPal account is then charged for any remaining balance.

You agree that you will pay for all products and services you purchase through the Website, and that GFH may charge your credit card or PayPal account for any products or services purchased and for any additional amounts (including any taxes, shipping and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING GFH WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online in the My Account section on the Website; this may temporarily disrupt your access to products and services while GFH verifies your new payment information. If payments are not made to GFH for the products or services that you have purchased GFH has the right to use legal means to collect the funds that are owed.

Your total price will include the price of the product and/or service plus any applicable sales tax; such sales tax is based on the ship-to address and the sales tax rate in effect at the time you purchase the product and/or service. GFH will provide an estimated dollar total of your order including tax and any applicable shipping charges at the time you place your order. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order is invoiced will apply.

Prices for products and services offered via the Website may change at any time, and GFH does not provide price protection or refunds in the event of a price reduction or promotional offering.

If a product becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by GFH.

Prices offered on the Website are quoted in U.S. Dollars. For all international orders, customers are responsible for customs and import duties of the destination country.

We attempt to ensure that information on the Website is complete, accurate and up to date. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products and services included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes to information about price and availability without notice. In the event of a pricing error on the Website, we reserve the right to cancel any orders resulting from such pricing errors. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to cancel any order and refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

All features, content, specifications, products, services and prices of products and services described or depicted on the Website are subject to change at any time without any notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and mobile device and we cannot guarantee that your computer and mobile device will accurately display such colors. Products my not look as they appear on your computer or mobile device. The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time. GFH cannot guaranty sizes, colors, material or quality of products. It is your responsibility to familiarize yourself with and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from our Website. By placing an order, you agree that the products ordered will be used only in a lawful manner.

All sales of products and services are final. No returns, refunds or exchanges.

Purchases under these terms are available only to those who have reached the age of legal majority. No sales to minors are permitted.

Once you place an order, GFH will send you a personalized confirmation email within one business day and provide you with an order confirmation number. By placing an order with GFH, you consent to receive email from GFH regarding your order. You can always contact us by email at shop@katiebakken.com if you have any questions concerning your order.

GFH requires the credit card security code of your card for any online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard).

General

GFH reserves the right to change these Terms of Sale at any time.

GFH reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or to any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

You agree and understand that it is necessary for GFH to collect, process and use your data in order to perform sales, provide services and confirm compliance with applicable laws in respect of your transaction. GFH will protect your information in accordance with our Privacy Policy. If you wish to have access to the information GFH holds concerning you or if you want to make changes and update your Account access www.KatieBakken.com/MyAccount.

This website protects financial transaction information Secure Socket Layer(“SSL”) encryption, however, unless otherwise designated, encryption is not used.

Shipping Limitations and International Access

When a product order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions of the products you are purchasing. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. SHIPPING TERMS ARE FCA – INCOTERMS 2010.

The Website may be accessed from countries other than the United States. The Website may contain products or services and references to products or services that are not available outside of the United States. Any such references do not imply that such products and services will be made available outside the United States. If you access and use the Website outside the United States you are responsible for complying with your local laws and regulations. 

Other Terms and Conditions

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

GFH’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Website should be construed to alter such agreements.

All services purchased, including Golf Activities and Promotional Products, are redeemable for up to one year from the date of purchase. GFH offers NO guarantee on scheduling availability or location availability. If your purchased service is unable to be completed within the one year time allotment, you must contact GFH at least 14 days prior to the expiration date to request an extension on your expiration date. Such extension is given at the sole discretion of GFH. GFH reserves right to deny any service available on the Website to any person and this is the sole discretion of GFH. Some products and services provided on the Website are weather dependent and in such case that weather or other unforeseen circumstances arise and prevent the service from commencing GFH has the right to reschedule the service and if such circumstances arise during the service GFH may decide to end the session early and depending how much of the service has been completed GFH reserves the right to not reschedule the service and conclude its completion.

You agree to NOT submit videos of any kind to the email addresses provide on the Website, unless you have already purchased an Online Golf Lesson and in such case you agree to ONLY submit videos of your golf swing that directly pertain to your purchase. Submission of inappropriate videos, as deemed so by GFH, will result in your account being deleted and you will not be allowed to open another account. In addition, you will not receive a refund and will be banned from having an account on the Website.

Packages of services purchased are valid for one person, the person purchasing the service. All packages of services purchased are NOT transferable to another person.

ADDITIONAL COSTS MAY APPLY. These additional costs may include, but are not limited to, GFH staff travel expenses to perform a service at an agreed upon location and add-ons you select for your purchased service.

On Course Lessons time span is allotted as follows: 9 hole Playing Lesson is 3 hours and 18 holes Playing Lesson is 6 hours. Any time exceeding the allotted time span for these services will be billed at the GFH staff hourly rate listed on the Website for a 1 hour individual lesson.

You agree that any materials you provide to GFH, including text, graphics, photos, designs, trademarks, or other elements, is owned by you or you have permission to use such materials. This includes materials, such as photos, logos and video footage, that you submit to GFH for use on your order of customized products and/or promotional videos. We reserve the right to display and link to your promotional items and completed promotional video as part of our portfolio and to write about such products and services on the Website, in magazine articles, books and other media outlets.

Before purchasing services or performing any of the suggested techniques, offered on the Website or in person, consult your physician, as certain medical conditions may require a physicians clearance. The instruction and advice presented on the Website and in person are in no way a substitute for medical counseling. Any user of these golf activities or exercises assumes the risk of injury resulting from utilizing suggested techniques or performing suggested exercises. Extreme care must be taken in selecting and using these techniques and exercises. You agree to hold harmless GFH for any injuries resulting from performing a technique advised or demonstrated to you on the Website or in a service that your purchased on the Website. GFH does not guarantee that your physical condition, golf swing, golf scores, or enjoyment of golf will improve as a result of following our advice or purchasing our services. The products and services offered on the Website are for education and informational purposes only.

Discounts and promo codes may not be applied towards the purchases of gift cards, Tee Times or Golf Getaways. The Tee Times section of the Website is additionally governed by the Golf Channel Solutions Terms of Use and by the sales agreement presented upon purchase of Tee Times. The Golf Getaways section of the Website is additionally governed by the Travelocity Terms of Use and by the sales agreement presented upon purchase of travel products.

Disclaimer of Warranties

YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF GFH. YOU ACKNOWLEDGE BY YOUR USE OF GFH’ PRODUCTS AND SERVICES THAT YOUR USE OF THE PRODUCTS AND SERVICES AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH GFH’S PRODUCTS OR SERVICES. GFH EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Waiver and Limitation of Liability

GFH IS NOT THE MANUFACTURER AND HAS PRICED ITS PRODUCTS AND SERVICES UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT GFH WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT OR SERVICE AND/OR ITS USE. IN NO EVENT WILL GFH BE LIABLE FOR ANY DAMAGES OR EXPENSES IN EXCESS OF AMOUNTS PAID FOR ITEMS SOLD HEREUNDER. Follow all instructions and heed all warnings accompanying any products and services associated with the Website. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. All golf equipment, apparel, accessories, training tools, and all products offered on the Website must be used carefully and with adult supervision. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST GFH ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE WEBSITE. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS GFH, it’s officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEBSITE.

Instructional Tips and Training Advice Liability Release

The instructional tips and training advice presented on the Website are for educational and informational purposes only and are in no way a substitute for medical counseling. Extreme care must be taken in selecting and using such techniques and exercises. You hereby accept all risks associated with your use of any and all instruction and advice offered on the Website or through an in person service purchased via the Website and you agree to release and forever discharge GFH, its directors, officers, agents, employees, representatives, successors and assigns (“Releasees”) from any and all responsibilities or liability from injuries or damages resulting from or connected with participation in any of the suggested or demonstrated instructional advice, whether arising from the negligence of the Releasees or otherwise.

You acknowledge and fully understand that you will be engaging in activities that potentially involve the risk of serious injury or possibly permanent disability and death, and severe social and economic losses which might result not only from your own actions, inactions, or negligence, but the actions, inactions, or negligence of others, the condition of the premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time.

You further acknowledge and understand that GFH and its employees are not licensed dietitians and that any nutritional information or guidelines provided by the Website or through an in person service purchased via the Website carries no warranty of any kind, express or implied, including but not limited to warranties regarding safety or suitability for a particular purpose.

You hereby assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability, or death.

You shall indemnify and hold Releasees harmless from any and all claims (including reasonable defense costs and attorneys’ fees) arising out of any bodily injury or death of any person, or damage to any property, to the extent caused by negligence or willful misconduct.

You hereby consent to allow your name, image, likeness and/or voice to appear in publications, official documentaries, promotional materials, and advertisements, and any and all media coverage of GFH’s businesses in any manner incidental to your participation in the services purchased via the Website, without compensation.

This waiver and release agreement specifically embraces each and every event, activity or purchase sanctioned by said Releasees, and has the same effect as if executed after each and every sanctioned event, activity or purchase in which you participate so that the parties herein intended to be released shall be fully and effectively released as to each and every sanctioned event, activity or purchase.

GFH cannot guarantee that its products, services, instruction and advice will be safe, effective or suitable for everyone. For that reason, all such products, services, instruction, advice, and the activities, techniques and materials embodied in such products, services, instruction and advice are offered without warranties or guarantees of any kind, express or implied, and GFH disclaims any liability, loss or damages that may result from their use.

Applicable Law and Disputes

You agree that all matters relating to your purchases on the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nevada without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Clark County, Nevada, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between GFH and you arising out of or in connection with your purchases on the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.

GFH’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by GFH of any provision or any right it has to enforce these policies, nor shall any course of conduct between GFH and you or any other party be deemed to modify any provision of these policies.

These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.

Contact Information

If you have questions or concerns regarding these Terms of Sale please email Golfing Fore Him LLC at info@katiebakken.com

Copyright © 2003-2017 Golfing Fore Him LLC. All rights reserved.
Golfing Fore Him LLC, 6130 W Flamingo Rd #619, Las Vegas, NV 89103, USA