TERMS OF SERVICE

OVERVIEW

Welcome to Fore North Golf Co.! The terms “we,” “us,” and “our” refer to Fore North Golf Co. Fore North Golf Co. operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Fore North Golf Co. is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Fore North Golf Co. reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Fore North Golf Co. confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Fore North Golf Co. may be unable to accommodate cancellation requests after an order is accepted.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

Your purchases are subject to return or exchange in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered through physical stores or third-party retailers. From time to time, we may offer promotions that affect pricing and are governed by separate terms and conditions. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for purchases made through our store. You agree to promptly update your account and other information as necessary so that we can complete transactions and contact you as needed.

You represent and warrant that payment information you provide is true, correct, and complete; that you are authorized to use the payment method provided; and that you will pay all charges incurred at the posted prices, including applicable shipping, handling, and taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, customs processing, or other events outside our reasonable control.

Shipping rates, processing information, and estimated delivery times are described in our Shipping Policy.

Once products are transferred to the applicable carrier, title and risk of loss pass to you, subject to applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Fore North Golf Co., its affiliates, or licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property belonging to Fore North Golf Co., Shopify, or any third party.

Unauthorized use of the Services may violate federal, state, or other applicable intellectual property laws. All rights not expressly granted herein are reserved.

Fore North Golf Co.’s names, logos, product and service names, designs, and slogans are trademarks or other intellectual property of Fore North Golf Co. or its affiliates or licensors, as applicable. You must not use such materials without prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you understand and approve of the terms under which those tools are provided by the relevant third-party provider.

We may also offer new features through the Services in the future. Such new features shall be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content available through third parties.

Please carefully review third parties’ policies and practices before engaging in transactions with them. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Fore North Golf Co. is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Fore North Golf Co.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fore North Golf Co., including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Fore North Golf Co.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside in order to provide the Services. Please review our Privacy Policy for additional information about how personal information is handled.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

We may use Feedback to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that you own or have all necessary rights to your Feedback, have disclosed any compensation or incentives received in connection with it, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine violates these Terms or applicable law.

You agree that your Feedback will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain unlawful, abusive, obscene, malicious, or harmful content.

You are solely responsible for Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly, to engage in unlawful or malicious conduct; violate applicable laws or regulations; infringe intellectual property rights; harass, abuse, threaten, defame, intimidate, or harm others; transmit false or misleading information; distribute spam or unauthorized promotional materials; impersonate another person or entity; or engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services.

You may not upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell, or exploit unauthorized portions of the Services; improperly collect or track personal information; spam, phish, pharm, or pretext the Services; use unauthorized automated tools to access the Services; or interfere with, bypass, or circumvent security or authorization measures.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.

“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can be executed without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with the requirements below. No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

Agents must identify themselves in applicable HTTP/HTTPS requests, must not conceal or obfuscate automated access, must respond truthfully to attempts to determine whether interactions originate from a human or computer, and must not circumvent measures intended to block, limit, modify, or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice, and you will remain liable for amounts due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply following termination, including provisions relating to intellectual property, feedback, disclaimers, limitations of liability, indemnification, governing law, and privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information.

Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY FORE NORTH GOLF CO., THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Some jurisdictions limit or do not allow certain warranty disclaimers, so portions of the above disclaimer may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL FORE NORTH GOLF CO., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fore North Golf Co., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to a third party due to or arising out of your breach of these Terms, violation of applicable law or third-party rights, or access to and use of the Services.

We will notify you of an indemnifiable claim. Failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld.

You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms, and such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent, and any such attempted assignment will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable federal law and the laws of the jurisdiction in which Fore North Golf Co. is headquartered.

You and Fore North Golf Co. consent to venue and personal jurisdiction in the applicable courts of that jurisdiction, subject to applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.

We will provide notice of material changes when required by applicable law. Your continued use of or access to the Services following the effective date of changes constitutes acceptance of those changes to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Fore North Golf Co.
Email: forenorthgolfco@gmail.com