Products, Services, Content, Copyrights, Trademarks and Specifications
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 materials on the Website, including text, graphics, video footage, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, organization, layout, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to GFH, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks on the Website, if any, are the property of their respective owners.
If you are under the age of 13, you may not use this website.
You may use information (such as Online Golf Lesson – upload instructions and result explanations, the Autograph Request Form, and similar materials) purposely made available by GFH for downloading from the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Rights and Permissions
If you have any questions concerning the usage or licensing of GFH copyrighted or trademarked materials, for example, logo, phrases, photographs, video footage, GFH advertisements or other GFH materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the GFH material.
For use of GFH copyrighted or trademarked material in third party works, including books, publications or media/broadcast, please click here to submit your detailed request.
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 contained on the Website. All purchases from the Website are made pursuant to GFH’s Terms of Sale. 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.
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. For all international orders, customers are responsible for customs and import duties of the destination country.
Accuracy of Information
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 timeliness 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.
Use of the Website
You may not use any automatic device, program, computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Website pages, data or content found on the Website or accessed through the Website. You may not republish GFH’s Content or other content from the Website on another web site or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware or other malicious code to the Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free. You may not circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. GFH reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any servers hosting our Website, or to any of the products and services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of GFH, including any GFH account not owned by you, to its source, or exploit the Website or any product or service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to GFH on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases and Other Terms and Conditions
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.
The following terms also govern and apply to your use of the Website, and they are incorporated herein by this reference: Terms of Sale
Do not submit videos of any kind to the email addresses provide on the Website, unless you have already purchased an Online Golf Lesson and have not yet submitted your golf swing videos.
Accounts, Passwords and Security
Certain features, products or services offered on or through the Website may require you to open an account (including making a purchase from our online Pro Shop). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify GFH immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by GFH or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. GFH cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to the Website
Restrictions of the Use of Materials
By using the Website, you agree that you will not:
Run or display the Website or any material displayed on the Website in frames or through similar means on another web site without GFH’s prior written permission;
Collect any information about other users, including usernames and email addresses;
Create or transmit to other users unsolicited electronic communications, such as spam, or otherwise interfere with the other Users’ enjoyment of the Website;
Transmit or upload to the Website any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Website;
Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the Website or the IT(Information Technology) infrastructure used to operate the Website;
Submit to the Website any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Website to transfer or store illegal material; or
Use the Website or any user Content to violate any applicable local, state, federal or international law.
Inappropriate User Content
GFH and our service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such user Content with or without attribution; and
You understand that GFH may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your User Content (“Idea”), that GFH may already know of such Idea from other sources, and that GFH may simply wish to develop such Idea or a similar idea on its own.
Links, Social Media Websites and Promotions
The Website may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under GFH’s control, and GFH is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. You agree to not hold GFH liable on any level for happenings on a Linked Site.
- spam (i.e., unsolicited promotion of a third-party business);
- misleading; or
GFH DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GFH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GFH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GFH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY GFH SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GFH FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
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 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.
Limitations of Liability
Except where prohibited by law, in no event will GFH be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if GFH has been advised of the possibility of such damages.
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 to indemnify and hold GFH, its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against GFH by any third party due to or arising out of or in connection with your use of the Website or any User Content you post on the Website.
GFH may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) GFH’s rights or property, or the rights or property of visitors to or users of the Website, including GFH’s customers. GFH reserves the right at all times to disclose any information that GFH deems necessary to comply with any applicable law, regulation, legal process or governmental request. GFH also may disclose your information when GFH determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that GFH may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any product or service offered on or through the Website, or (4) unexpected technical issues or problems.
Mobile Alerts (Text Messages)
GFH Mobile Alerts Sign Up – By entering your mobile phone number you are subscribing to receive promotional text messages and alerts from GFH. You will receive a maximum of five (5) messages per month. Promotional text messaging shall include event alerts and updates, discounts, and special offers available to mobile alert participants. GFH respects your privacy and will never sell or share your mobile phone number.
You may cancel the GFH Mobile Alerts program at any time by texting the keyword “STOP” to the number that sent you the text message.
Message and data rates may apply. Please consult the applicable wireless service agreement for your individual pricing plan.
Text messaging may not be available for all service providers or for all handsets. Cellular phone carriers’ instructions for text messaging may be different. Check your user’s manual for phone capabilities and specific instructions. GFH makes no guarantee that any particular wireless service provider will participate. GFH, in its sole discretion, may add or delete a cellular carrier at any time, without notice.
For additional information regarding Mobile Alerts, you may click here to contact us.
Payments, Taxes and Refund Policy
The Pro Shop, on the Website, accepts these forms of payment: credit cards issued by U.S. 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 preapproval 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 Pro Shop 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 Pro Shop, 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.
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.
For all international orders, customers are responsible for customs and import duties of the destination country.
All sales of products and services are final. No returns or refunds.
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.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
If you have questions or concerns regarding the terms and conditions or other policies pertaining to this Website please click here to contact Golfing Fore Him LLC.
The information contained in this Website is subject to change without notice.
Copyright © 2003-2017 Golfing Fore Him LLC. All rights reserved.
Golfing Fore Him LLC, 6130 W Flamingo Rd #619, Las Vegas, NV 89103, USA
Updated on January 6, 2017