PGA VALUE GUIDE™
PGA MEMBER LIQUIDATION TOOL
TERMS & CONDITION

BY PARTICIPATING IN THE PGA VALUE GUIDE TRADE-IN PROGRAM ("PROGRAM"), AND USING THE PGA VALUE GUIDE LIQUIDATION TOOL ("LIQUIDATION TOOL"), YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS ("TERMS") AS A BINDING AGREEMENT BETWEEN YOU AND 3BALLS.COM, INC. D/B/A PGA TRADE-IN NETWORK. ("NETWORK") THESE TERMS WILL TERMINATE AUTOMATICALLY UPON THE EARLIER OF (i) THE DENIAL OF YOUR APPLICATION TO PARTICIPATE IN THE PROGRAM, (ii) THE TERMINATION OF YOUR ENROLLMENT IN THE PROGRAM, OR (iii) YOUR BREACH OF ANY PROVISION HEREOF.

  1. During your enrollment in the Program, the Network will accept and purchase from you used and un-hit, authentic, non-counterfeit golf equipment that, in the Network's discretion, meets the minimum criteria set forth in the "PGA Value Guide Minimum Liquidation Requirements" ("Qualifying Equipment"). The Network will pay you an amount equal to the published Liquidation value for such Qualifying Equipment, as published in the Liquidation Tool, as of the date it was shipped by you to the Network. Once a shipping label has been created through the Liquidation Tool, it must be shipped out immediately to the Network.
  2. During your enrollment in the Program, the Network will pay you the applicable aggregate trade-in value less the amount of any shipping charges incurred by the Network. For all liquidation shipments received by the Network between the 1st and 15th of a month, your check will be mailed by the last day of the month (Note: Checks are mailed via Standard U.S. Mail from MA, so they may take anywhere from 1 to 5 business days to arrive, depending on your mailing address). For all liquidation shipments received by the Network between the 16th and last day of each month, your check will be mailed by the 15th day of the next month (Note: Checks are mailed via Standard U.S. Mail from MA, so they may take anywhere from 1 to 5 business days to arrive, depending on your mailing address). The Network may establish a dedicated carrier account against which your shipping costs will be charged, and may deduct its shipping costs incurred from moneys owing to you. You will be able to print a physical copy of each liquidation detail for your records through the Liquidation Tool at any time. The Network reserves the right, in its sole but reasonable discretion, to refuse or delay payment for your non-compliance with the Network's procedures and policies.

  3. The PGA Value Guide will accept any qualified golf club (brand, model, type & shaft type combination) via liquidation that is listed in the PGA Value Guide (http://valueguide.pga.com) that has a current fair market trade-in value. The PGA Value Guide will not accept golf clubs via liquidation that do not have a current fair market trade-in value in the PGA Value Guide. In addition, the following liquidation requirements must be met:

    1. All golf club liquidations must be the property of the PGA Value Guide member account executing the liquidation with the PGA Value Guide
    2. All golf clubs liquidated to the PGA Value Guide must not be counterfeit
    3. All golf club liquidations must meet the Minimum Liquidation Requirements. The PGA Value Guide, in its sole but reasonable authority, will determine if golf club(s) meet the Minimum Liquidation Requirements.
    4. Iron set compositions with 8 sequential sticks qualify for 100% of the iron set liquidation value: (3-PW, 4-PW+SW, 5-PW+SW+LW, 2-9)
    5. Iron set compositions with 7 sequential sticks qualify for 7/8ths of the iron set liquidation value: (4-PW, 5-PW+SW, 6-PW+SW+LW, 3-9)
    6. Iron set compositions with 6 sequential sticks qualify for 1/2 of the iron set liquidation value: (5-PW, 6-PW+SW, 7-PW+SW+LW, 4-9)
    7. All irons in the set must have matching heads, shafts, and shaft flexes
    8. All golf club grips must be installed and functional
    9. Length must be within +/- 3" of the manufacturer's standard golf club length
    10. Lie angle must be within +/- 3* of the manufacturer's standard golf club lie angle
    11. 1-irons and 2-irons included with matching iron sets to make 9-stick or 10-stick iron sets are each afforded an additional 1/8th of the 8-stick iron set value. All single irons (9,8,7,6,5,4,3,2,1) that are not part of a matching iron set do not qualify for liquidation.
    12. All single hybrid golf clubs may be liquidated as fairway woods.
    13. Golf club head covers, tool kits, torque wrenches, or other related accessories should be included whenever possible (though not mandatory)
    14. Wedges may NOT be liquidated separately if they result in the iron set becoming less than an 8-stick set. (For example, a PW-3 iron set may not be liquidated as one 7-stick set (3-9) and one wedge (PW), but rather as one sequential iron set.

  4. The PGA Value Guide, in its sole but reasonable discretion, reserves the right to reject golf club liquidations(s) that do not meet the Minimum Liquidation Requirements.

    The PGA Value Guide reserves the right to reject golf clubs with specifications that were never made available by the Original Equipment Manufacturer (OEM). Golf club specification is defined as the unique combination of shaft brand, shaft type, shaft flex, shaft length, lie, and loft of a specific brand, model and type (driver, fairway, iron set, wedge, putter) of golf club(s).

    The PGA Value Guide, in its sole but reasonable discretion, reserves the right to adjust the value of golf club liquidations(s).

    If golf club trade-in(s) that meet the Minimum Liquidation Requirements are input inaccurately (incorrect model, incorrect set composition, etc.), the PGA Value Guide will automatically adjust the trade-in order and value accordingly, and receive the golf club(s) accurately.

  5. Golf club(s) liquidated to the PGA Value Guide that do not meet the Minimum Liquidation Requirements are referred to as UNQUALIFIED, and fall into the following two categories of REPAIRABLE or NOT-REPAIRABLE.

    Unqualified, Repairable Golf Club(s)
    The PGA Value Guide provides the following options for unqualified, repairable golf club liquidations:

    1. REPAIR the unqualified golf club(s) for you according to the repair costs provided below; OR
    2. RETURN the unqualified golf club(s) to you with actual return shipping cost charged to you

    Unqualified, Not-Repairable Golf Club(s)
    The PGA Value Guide provides the following options for unqualified, not-repairable golf club liquidations:

    1. RETAIN the unqualified golf club(s) at no cost to the PGA Value Guide; OR
    2. RETURN the unqualified golf club(s) to you with actual return shipping cost charged to you

    The PGA Value Guide will send you an email requiring your reply regarding these options for unqualified golf club(s).

    Golf Club Returns
    If you choose to have unqualified golf club(s) returned to you, The PGA Value Guide will do the following:

    1. If there is sufficient positive balance on your trade-in account, then return shipping costs will be deducted from that positive balance.
    2. If there is no (or insufficient) positive balance on your trade-in account, you will be contacted to provide an acceptable form of payment for return shipping costs.

    The PGA Value Guide allows 15 days from the receiving date for you to commununicate if you want the unqualifed golf club trade-in(s) returned, retained or repaired (when repairable), after which the PGA Value Guide reserves the right to retain the unqualified golf club trade-in(s) at no cost to the PGA Value Guide.

    Golf Club Repair Criteria & Costs

  6. You represent, warrant, and covenant that (i) you are a facility that employs at least one PGA Professional, and have applied for or obtained written approval from the Network to participate in the Program; (ii) you have the power and authority to assent to these Terms; (iii) all equipment you submit for trade-in shall constitute genuine equipment, free of any counterfeit elements; and (iv) you intend to and will use your best efforts to use the Network in furtherance of the sale of new, non-counterfeit golf equipment.
  7. You will indemnify and hold harmless the Network and its officers, directors, shareholders, employees, representatives, duly authorized agents or contractors from or against any and all claims, demands, losses, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising from: (a) your negligence or willful misconduct; or (b) your breach of any covenant, representation, or warranty herein. If any action or proceeding is brought against the Network by reason of any such matter, you shall upon the Network's request defend the same at your expense by counsel satisfactory to the Network.
  8. IN NO EVENT WILL THE NETWORK BE LIABLE TO YOU FOR SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR GOODWILL, RELATING TO THE OBLIGATIONS SET FORTH HEREUNDER, REGARDLESS OF WHETHER THE NETWORK HAS BEEN ADVISED OR INFORMED OF THE SAME.
  9. The Network may assign its rights or delegate its obligations hereunder in whole or in part. You may not assign, sublicense or delegate your rights or obligations hereunder. These Terms constitute the entire agreement between you and the Network and shall supercede all prior negotiations and agreements (whether written or oral) between them with respect to the subject matter hereof. These Terms may only be modified, supplemented or amended by a written instrument signed by the parties. Nothing in these Terms is to be construed as creating an agency, partnership or joint venture relationship between the parties.