Terms of Service

Effective Date: July 28, 2026

1. Acceptance of Terms

By accessing, browsing, or using the BackyardGOlf website located at thebackyardgolf.com, our mobile applications, or any of our products and services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you and BackyardGOlf, Inc. ("BackyardGOlf," "we," "us," or "our"). If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Use of Services

2.1 Eligibility

The Services are intended solely for users who are at least 18 years of age. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are under 18, you may only use the Services with the involvement and consent of a parent or legal guardian.

2.2 Account Registration

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the security and confidentiality of your login credentials
• Accept all responsibility for activities that occur under your account
• Immediately notify us of any unauthorized use of your account or any other security breach
• Not create multiple accounts or create an account using false information

2.3 Prohibited Uses

You agree not to use the Services in any way that:

• Violates any applicable federal, state, local, or international law or regulation
• Infringes upon the rights of any third party, including intellectual property rights
• Transmits any harmful code, viruses, or similar destructive technologies
• Attempts to gain unauthorized access to our systems or user accounts
• Interferes with or disrupts the Services or servers connected to the Services
• Uses automated means (bots, scrapers, etc.) to access the Services without permission
• Impersonates any person or entity or misrepresents your affiliation
• Engages in any form of harassment, abuse, or harmful behavior toward others
• Collects or harvests personal information from other users
• Uses the Services for any commercial purpose without our express written consent

3. Products and Orders

3.1 Product Information

We make every effort to display our products and their specifications as accurately as possible. However, we do not warrant that product descriptions, images, pricing, or other content is accurate, complete, reliable, current, or error-free. If a product offered by BackyardGOlf is not as described, your sole remedy is to return it in accordance with our return policy.

3.2 Pricing and Payment

• All prices are displayed in U.S. Dollars (USD) unless otherwise specified
• Prices are subject to change without notice until you have completed your purchase
• We reserve the right to correct any pricing errors, even after an order has been submitted
• Payment must be received in full before order processing begins
• We accept major credit cards, debit cards, and other payment methods as displayed at checkout
• You agree to provide current, complete, and accurate payment information

3.3 Order Acceptance and Cancellation

Your receipt of an order confirmation email does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to:

• Product availability
• Errors in product or pricing information
• Errors in your order
• Suspected fraudulent activity
• Inability to authorize your payment

If we cancel your order after your payment has been processed, we will issue a full refund.

4. Shipping and Returns

4.1 Shipping

• Shipping times provided are estimates only and are not guaranteed delivery dates
• We are not responsible for delays caused by shipping carriers or customs processing
• Risk of loss and title for items pass to you upon delivery to the carrier
• International shipments may be subject to customs duties, taxes, and fees, which are your responsibility
• We reserve the right to ship partial orders if some items are unavailable

4.2 Returns and Refunds

We want you to be completely satisfied with your purchase. Our return policy allows:

• Returns within 30 days of delivery for unopened items in original packaging
• Items must be in new, unused condition with all tags and packaging intact
• Certain items may be non-returnable (e.g., personalized products, final sale items)
• Return shipping costs are the responsibility of the customer unless the item is defective
• Refunds will be processed to the original payment method within 5-10 business days
• We reserve the right to refuse returns that don't meet our return policy requirements

5. Intellectual Property

5.1 Ownership

All content on our Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of BackyardGOlf or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use only. This license does not include any right to:

• Resell or make commercial use of the Services or any content
• Modify, adapt, translate, or create derivative works
• Use data mining, robots, or similar data gathering methods
• Download (other than page caching) any portion of the Services
• Use the Services or content for any unlawful purpose

5.3 Trademarks

"BackyardGOlf" and our logos are trademarks of BackyardGOlf, Inc. All other trademarks, service marks, and trade names used on the Services are the property of their respective owners.

6. User Content

6.1 License Grant

By submitting, posting, or displaying any content on or through the Services (including but not limited to reviews, comments, images, videos, or other materials), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to:

• Use, reproduce, modify, adapt, publish, translate, and distribute your content
• Create derivative works from your content
• Display and perform your content publicly
• Use your content for promotional and marketing purposes

6.2 Content Standards

You represent and warrant that your content:

• Does not infringe any third party's intellectual property rights
• Does not violate any applicable laws or regulations
• Is not defamatory, obscene, offensive, or inappropriate
• Does not contain viruses or other harmful components
• Is accurate and not misleading
• Does not violate the privacy rights of others

7. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Services, you consent to our collection and use of personal information as outlined in the Privacy Policy.

8. Disclaimers and Limitations

8.1 Disclaimer of Warranties

8.2 Limitation of Liability

8.3 Product Use and Safety Warning

9. Indemnification

You agree to indemnify, defend, and hold harmless BackyardGOlf, Inc., its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use or misuse of the Services or products
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any rights of a third party
• Any content you submit, post, or transmit through the Services
• Your negligence or willful misconduct

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms and any dispute arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

10.2 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY -- IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be held in Austin, Texas, or at another mutually agreed location.

10.3 Class Action Waiver

YOU AND BACKYARD GOLF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court.

11. Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. When we make changes, we will update the "Effective Date" at the top of this page and, if the changes are material, we may provide additional notice such as adding a statement to our homepage or sending you an email notification.

Your continued use of the Services after any changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.

12. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and BackyardGOlf concerning the Services.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

13.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without your consent to any successor in interest.

13.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, labor disputes, or failure of third-party services.