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Seller Agreement, Terms and Conditions

Introduction

Global Value Commerce Inc. (doing business as "PGA Value Guide" and hereafter referred to as the "Company") provides an online process for consumers to sell their previously owned and/or unused golf clubs (the "Products") to the Company (the "Services"). The Company reserves the right to amend, cancel or alter these Services at our sole discretion.

THE USE OF THE SERVICES IS GOVERNED BY THE TERMS AND CONDITIONS SET FORTH BELOW IN THIS SELLER AGREEMENT ("AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE SERVICES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.

THE COMPANY MAY AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS. EXCEPT AS STATED BELOW, THE AMENDED TERMS WILL AUTOMATICALLY BE EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.

Your use of the Company's Services may be terminated or suspended if you do not comply with this Agreement, our policies and procedures, or for any other reason the Company determines necessary, in its sole discretion.

Seller's Representations and Warranties

You (or the "Seller") represent(s) and warrant(s) that: (A) the Seller is not under the age of eighteen (18); (B) the Seller has all the necessary right, title, and authorization to produce and distribute the Product(s) and to permit the Company to offer, sell, and deliver the Product(s) to any third party; (C) the Product(s) and the rights granted under this Agreement do not infringe the proprietary rights, including, without limitation, copyrights, patents, domain names, trademark rights or any other intellectual property rights, of any third party; (D) the description of the Product(s) is truthful, accurate and complete. The Seller also represents and warrants that the description of the Product(s) and the Product(s) are not: (i) false, inaccurate, or misleading; (ii) fraudulent or involve the sale of counterfeit or stolen items; (iii) in violation of any law, statute, ordinance, or regulation (including, but not limited to those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).

Seller Contact Information

The Seller understands that using the Services requires the Seller to provide the Company with accurate and complete contact names, shipping address, billing address, and e-mail address. The Company shall not be held responsible for communication errors should the Seller's contact information be inaccurate or incomplete. In addition the Seller must make sure that they can receive emails from the Company. The Company is not responsible for any e-mails that are blocked or filtered as spam.

Product Shipment

The shipment of the Seller's Product(s) confirms the Seller's acceptance of the Company's price and condition offer. It is the responsibility of the Seller to ship all Product(s) using the shipping method provided by the Company within 7 days of the initial offer date. If the Product(s) are postmarked within 7 days of the initial offer date, the Company's initial offer will be valid, unless the device does not meet the stated condition. See Exceptions and Return Policy below for more details on what happens if the device does not meet the stated condition.

Company will provide Seller with a RMA barcode sent to the Seller provided email address for the Seller to send Product(s) to the Company. Seller's Product(s) are insured for up to the lesser of (i) $500.00 and (ii) the actual offer value of the Product(s), should loss or damage occur after acknowledged receipt by the assigned freight company. Limit of insurance is $500.00 per shipment.

Receipt of Product(s) and Quality Verification

Company will notify Seller of receipt of Product(s). If Seller has provided all of the Product(s) as detailed in the initial transaction and if Company verifies that the Product(s) are in the condition as identified by the Seller in the initial transaction the Company will provide payment as detailed below.

Revised Offers and Returns

If the Company receives a portion of the Product(s) or a different Product than indicated in the order, the Company will email the Seller to indicate the specific differences between what was input on the site versus what was received by the Company and the revised offer. In all cases, should you receive a revised offer from the Company, the initial offer is immediately rescinded. The Company reserves the right to notify you in the case of an errant offer based on a database error and return the Product(s) to you at no cost.

It is important that you review any communication from Company about the transaction in a timely fashion so that Company can ensure that it honors your wishes with respect to accepting a revised offer or returning the Product(s) to you.

In all cases, should you receive a revised offer from the Company, the initial offer is immediately rescinded. The Company reserves the right to notify you in the case of an errant offer based on a database error and return the Product(s) to you at no cost.

Minimum Trade-In Requirements

  • The Company, in its sole but reasonable authority, will determine if a golf club trade-in meets the Minimum Trade-In Requirements.
  • All traded-in tech products must be in fully functional condition and free of defects or damage including, but not limited to, dents, cracks, punctures, rattles, excessive wear or scratching, damaged LCD, missing accessorries, or does not function.
  • All golf club trade-ins must be the property of the customer executing the trade-in transaction.
  • All golf club trade-ins must be authentic and non-counterfeit. Counterfeit golf clubs may be identified by rubber-smelling grips, subtle differences in cosmetic branding on the head, shaft and grip, and different swing weight verses authentic OEM clubs.
  • Driver, fairway and hybrid wood club heads may not have dents, dings, paint chipping, pop-up marks, deep scratches or damaged or missing branding.
  • Iron, wedge and putter club heads may not have gouges, rust, paint or chrome chipping, excessive sole or groove wear, or damaged or missing branding.
  • All golf shafts may not have dents, dings, bends, rust, excessive wear, broken, loose or separates ferrules or damaged or missing branding.
  • 8 consecutive sticks is 100%
  • 7 consecutive sticks is 87.5% (7/8ths)
  • 6 consecutive sticks is 75%
  • 5 consecutive sticks is 62.5%
  • 4 consecutive sticks or less is no value
  • All irons in the set must have matching heads, shafts, and shaft flexes.
  • All golf club grips must be installed and functional.
  • Length must be within +/- 3" of the manufacturer's standard golf club length.
  • Lie angle must be within +/- 3* of the manufacturer's standard golf club lie angle.
  • 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 trade-in.
  • All set wedges (wedge models that are only manufactured and sold as part of an iron set) are listed and acceptable within the irons category.
  • Golf club specifications that were never made available by the Original Equipment Manufacturer (OEM) do not qualify for trade-in. 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 (drivers, fairways, hybrids, iron sets, wedges and putters) of golf club(s).
  • Golf club head covers, tool kits, torque wrenches, or other related accessories should be included whenever possible (though are not mandatory).

Payment

Once you have completed a trade-in and have sent your items in:

  • Please allow up to 5 business days* for your trade-in items to be received at our warehouse and then inspected.
  • After inspection of your items, you will be emailed if there are any condition-related issues that impact the $ value of your trade-ins.
  • If there are no issues, you will not receive an email.
  • After inspection, please allow an additional 15 business days for your payment to be issued.
  • Check:
    • If check is selected, please allow up to an additional 5 business days for your check to be received.
    • Checks are mailed via USPS first class mail.
  • PGA Credit:
    • PGA Credits will be emailed to you.

* Business days are Monday-Friday (excluding holidays)

Pricing

All pricing is subject to change without notice. The Company reserves the right to make adjustments to price offers at any time in its sole discretion. The Company reserves the right to void any transaction and return the Product(s) to the Seller.

Customer Service

Seller may contact the Company at info@pgatradein.com or by calling 888-777-3540

Independent Contractor

This Agreement in no way constitutes or gives rise to a partnership, joint venture or other relationship between the parties. Each party will operate under the terms of this Agreement as an independent contractor and not as an agent for the other.

Breach

Without limiting other remedies, the Company may immediately terminate the Services, and refuse to provide future Services to the Seller if: (A) the Seller breaches this Agreement, (B) the Company is unable to verify or authenticate any information provided by the Seller, (C) the Company believes that the Seller's actions may cause financial loss or legal liability for the Seller, the Company, or any of its affiliates or customers, or (D) the Company suspects that the Seller (by conviction, settlement, insurance or escrow investigation, or otherwise) has engaged in fraudulent activity in connection with the Product(s).

Indemnity

The Seller agrees to indemnify and hold the Company and their respective parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due, connected to, or arising out of the Seller's breach of this Agreement, or the Seller's violation of any law or the rights of any third party.

Warranty Disclaimer

The Company, its officers, managers, employees, and suppliers provide the Services "as is" and without any warranty or representation of any kind, express, implied or statutory. The Company, its officers, managers, employees, and suppliers specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties or limitations on the duration of implied warranties, so the foregoing disclaimer may not apply to the Seller in such states. The Seller may also have other legal rights that vary from state to state.

Waiver of Consequential Damages

IN NO EVENT WILL THE COMPANY BE LIABLE TO SELLER FOR ANY INCIDENTAL, CONSEQUENTIAL EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES arising out of this Agreement or its termination, regardless of the form of action (including, but not limited to, negligence) and irrespective of whether the Company has been advised of the possibility of any such loss or damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Seller in such states. The Seller may also have other legal rights that vary from state to state.

Maximum Liability

The Company's aggregate liability and the liability of their respective officers, managers, employees, and suppliers to the Seller or any third parties in any circumstance is limited to the greater of (A) the estimated value of the Product(s) as stated in the initial transaction or (B) $50.

Release

The Seller releases the Company (and the Company's officers, directors, agents, subsidiaries, joint ventures, employees, successors and assigns) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with the Services.

General

The Seller and the Company agree that this Agreement will be governed in all respects by the laws of the United States of America and the State of North Carolina, and that both parties waive any rights to a trial by jury. All notices or requests pertaining to this Agreement will be in writing and will be sent by email, facsimile or recognized commercial overnight courier. Notices will be deemed received upon receipt of written confirmation of transmission when sent by facsimile/email or signing for receipt of delivery if sent by overnight courier. Notices will be sent to the Seller at the addresses provided. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof.

ValueGuide.PGA.com Contest Rules and Regulations

NO TRADE-IN NECESSARY. VOID WHERE PROHIBITED BY LAW. Federal, state, and local laws and regulations apply. Taxes, customs duties and like amounts in connection with the prizes are the winner's responsibility.

ELIGIBILITY: OPEN ONLY TO RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, AGES 18 OR OLDER.

To be eligible to enter and win, each entrant must be a legal resident of the fifty United States & D.C., logging onto the Internet in the United States.

Employees of ValueGuide.PGA.com, and the immediate families and members of the household of any such employees, are not eligible to enter or win.

HOW TO ENTER AND WIN: As of the entry date, you must be at least 18 or the age of legal majority in your state. Eligible entrants may enter the Contest by visiting https://valueguide.pga.com/ , filling out the electronic entry form and clicking the 'REGISTER NOW' button. All complete eligible entries will be entered in the Contest. One entry per person AND/OR email address. Duplicate entries will be disqualified. You must remain an active subscriber to the email promotion list in order to be eligible for the Contest.

Submission of an incomplete entry may result in disqualification. Entries become the property of ValueGuide.PGA.com and will not be returned. ValueGuide.PGA.com shall not be responsible for lost or misdirected messages, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, online failures, hardware, software or other technical malfunctions or disturbances or other communications failures or circumstances affecting receipt of entries or entrants' ability to participate in this promotion.

By entering, each participant agrees to be bound by the rules and regulations of this promotion. Winners will be selected at random from a pool of subscribed entrants. The random drawing will be conducted after the entry period has ended by ValueGuide.PGA.com, whose decisions shall be final. Odds of winning depend upon the number of entries received.

Winners will be notified by email to the email address provided on the entry form approximately two days after the drawing and are required to respond within 7 days of transmission of that notice or risk forfeiting the prize. If winner fails to respond within that time period, prizes will be forfeited and awarded to an alternate winner chosen at random from the remaining entrants in the pool. In the event of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed submitted by the person in whose name the email account is registered.

Winner may be required to provide evidence that winner is the authorized account holder of the address associated with the winning entry and complete an affidavit of eligibility and any applicable releases. By accepting a prize, winners consent to the use of their names, photographs and/or other likenesses for advertising or publicity purposes without additional compensation, except where prohibited by law. By entering, all entrants release ValueGuide.PGA.com, and its parent companies, affiliates, subsidiaries, vendors, agencies, officers, directors, agents, employees, suppliers and all others associated with the development or execution of this Contest from any and all liability with respect to, or in any way arising from, this Contest or the acceptance, possession or use of any prizes including, without limitation, liability for any personal injury, damage or loss. ANY CLAIMS OR CONTROVERSIES RELATING TO OR ARISING FROM THIS Contest SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NC WITHOUT REGARD TO THE CONFLICTS OF LAW PRINCIPLES THEREOF AND SHALL BE BROUGHT IN THE STATE AND FEDERAL COURTS LOCATED IN RALEIGH, NC. EACH ENTRANT AGREES TO THAT VENUE AND JURISDICTION AND THE EXCLUSIVE JURISDICTION OF THOSE COURTS AND WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS.

USE OF ENTRANT INFORMATION: As permitted by law and in accordance with ValueGuide.PGA.com’s Privacy Policy, ValueGuide.PGA.com may use information which all entrants provide about themselves to send them announcements about ValueGuide.PGA.com’s products and programs via electronic and ordinary mail. An entry, except where prohibited by law, constitutes a grant of permission to ValueGuide.PGA.com or its agents to include winners' names on the web sites of ValueGuide.PGA.com and in connection with a Winners' List without further notice.

PRIZES: There will be no cash or other substitutes for the prizes, except that ValueGuide.PGA.com reserves the right to substitute prizes of equal or greater value in the event that a prize becomes unavailable for any reason. Winner will be issued 1099 tax form when the ARV of prize is over $600. Occasionally, the prize is stated to be a year’s supply of golf balls. When this occurs, a year’s supply of golf balls is defined as twelve (12) dozen golf balls. This equates to one dozen per month, which is utilized to determine the year’s supply.

UNFORESEEN EVENTS: ValueGuide.PGA.com, in its sole discretion, reserves the right to terminate this promotion at any time, including if ValueGuide.PGA.com becomes aware of any occurrence which would materially affect the promotion's security or fairness, including but not limited to technical malfunction of the contest website, software and/or hardware transmission failures, and virus contamination.

SPONSOR: Global Value Commerce, Inc. and/or PGA Value Guide™, 7249 ACC Boulevard, Suite 107, Raleigh, NC 27617("Sponsor").