Terms of Service

Pony Golf Terms of Service

Effective date: September 11, 2025 Last updated: September 11, 2025

These Terms of Service (“Terms”) govern your access to and use of https://pony.golf and any related websites, mobile sites, emails, and services (collectively, the “Site”) provided by The Pony Group, LLC dba Pony Golf (“Pony Golf,” “we,” “us,” or “our”). By accessing or using the Site, purchasing products, or creating an account, you agree to these Terms. If you do not agree, do not use the Site.

— 1) Who We Are and How to Contact Us

  • Legal entity: The Pony Group, LLC dba Pony Golf
  • Address: 401 Congress Avenue, Suite 1540, Austin, Texas 78701, United States
  • Email: info@theponygroup.com

Communications may be sent electronically. You consent to receive communications from us by email and through the Site and agree that such communications satisfy any legal requirement that they be in writing.

— 2) Eligibility and Account Registration

  • Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site or make purchases. If you use the Site on behalf of an entity, you represent you have authority to bind that entity to these Terms.
  • Account: You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly of any unauthorized use.
  • Accuracy: You agree to provide accurate, current, and complete information and to keep it updated.

— 3) Privacy and Cookies

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and share personal data, including for e‑commerce, analytics (e.g., Google Analytics), and digital advertising. By using the Site, you consent to our use of cookies and similar technologies as described in the Privacy Policy.

— 4) The Site and Content; Intellectual Property

  • Ownership: The Site, its content, logos, graphics, product images, text, designs, and software are owned by Pony Golf or our licensors and are protected by intellectual property laws.
  • Limited license: We grant you a revocable, non-exclusive, non-transferable, limited license to access and use the Site for personal, non-commercial use in accordance with these Terms.
  • Restrictions: You may not copy, modify, distribute, sell, lease, scrape, crawl, reverse engineer, or create derivative works from the Site or content except as expressly permitted.
  • Trademarks: “Pony Golf” and related marks are trademarks of Pony Golf. You may not use any of our marks without prior written permission.

— 5) User Content; Feedback; Reviews

  • Your content: If you submit reviews, comments, photos, or other content (“User Content”), you grant Pony Golf a worldwide, royalty-free, sublicensable license to use, host, store, reproduce, modify, publish, translate, create derivative works of, and display such content in connection with the Site, our business, and marketing.
  • Responsibility: You represent you have all rights needed for your User Content and that it is accurate, lawful, and does not infringe rights of others.
  • Moderation: We may monitor, remove, or refuse to post User Content at our discretion, but we do not assume responsibility for User Content.
  • Feedback: If you provide suggestions or feedback, you grant us a perpetual, royalty-free license to use them without restriction or compensation.

— 6) Acceptable Use

You agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
  • Interfere with or disrupt the Site’s operation or security, including by attempting to probe, scan, or test vulnerabilities, or by deploying malware.
  • Access accounts or data not intended for you; circumvent access controls; or use bots, scrapers, or automated means without our permission.
  • Misrepresent your identity; engage in fraud; or resell products purchased on the Site without authorization.
  • Infringe intellectual property or privacy rights; post illegal, harmful, or offensive content.

We may suspend or terminate access for violations.

 

— 7) Products, Orders, Pricing, and Promotions

  • Product information: We try to display product details accurately, but errors may occur. Colors and appearance may vary due to device settings.
  • Availability: Products and services are subject to availability. We may limit quantities, impose per-household limits, or discontinue items at any time.
  • Order acceptance: Your order is an offer to buy. We may accept or reject orders at our discretion. Confirmation of order receipt does not constitute acceptance. Acceptance occurs when we dispatch the product(s) or otherwise indicate acceptance.
  • Pricing errors: If a product is listed at an incorrect price or with incorrect information, we may cancel the order or contact you for instructions before shipping.
  • Promotions: Promotions, discount codes, and offers are subject to their own terms, may be limited in duration/quantity, and cannot be combined unless expressly stated. We may modify or end promotions at any time.

— 8) Payment, Taxes, and Billing

  • Payment: We accept the payment methods shown at checkout and may use third‑party payment processors. You authorize us and our processors to charge your selected payment method for the total order amount, including taxes, shipping, and fees.
  • Billing info: You must provide current, complete, and accurate billing information. If your payment method fails, you remain responsible for any uncollected amounts and applicable charges.
  • Taxes and duties: Prices may exclude applicable taxes, duties, and import fees, which you are responsible for paying unless we state otherwise at checkout.

— 9) Shipping, Delivery, and Risk of Loss

  • Shipping: We will ship to the address you provide using the method selected at checkout. Estimated delivery times are not guarantees.
  • Risk of loss; title: Title and risk of loss transfer to you upon our delivery of the products to the carrier. Inspect packages upon delivery and notify the carrier and us promptly of any issues.
  • International shipments: International orders may be subject to customs, duties, and fees; delays may occur due to customs processes.

— 10) Returns, Exchanges, and Refunds

  • Policy: Our return and exchange terms are described in our Returns/Refunds policy posted on the Site. Please review those terms before purchasing.
  • Condition: Returned items typically must be in original condition, with tags and packaging, subject to any exceptions stated in the posted policy.
  • Process: Follow the instructions provided in the Returns/Refunds policy or contact us at info@theponygroup.com.

Nothing in these Terms affects rights that cannot be waived under applicable consumer protection laws.

— 11) Subscriptions or Preorders (If Offered)

  • Subscriptions: If we offer subscription products/services, the specific terms (billing cycle, renewal, cancellation) will be disclosed at sign-up and form part of these Terms. Unless otherwise stated, subscriptions renew automatically until canceled.
  • Preorders: Estimated shipping dates for preorders are not guaranteed. We may cancel preorders and issue a refund if a product cannot be delivered.

— 12) Safety; Activity Risks; No Professional Advice

  • Safety: Use products only as intended and in accordance with any instructions and warnings. Golf and related activities involve inherent risks that can result in injury or property damage.
  • Assumption of risk: You assume all risks associated with the use of our products and content. To the maximum extent permitted by law, we are not responsible for injuries or damages arising from improper use or failure to follow safety guidance.
  • No advice: Content on the Site is for informational purposes only and is not professional advice.

— 13) Third‑Party Services and Links

The Site may link to or integrate third‑party sites, tools, payment processors, analytics, advertising platforms, or social features. We do not control and are not responsible for third‑party services. Your use of them is subject to their terms and privacy policies.

— 14) DMCA/Copyright Complaints

If you believe content on the Site infringes your copyright, please send a notice including: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the allegedly infringing material and its location; (4) your contact information; (5) a statement of good‑faith belief; and (6) a statement under penalty of perjury that your notice is accurate and you are authorized to act. Send notices to:

  • DMCA Agent: Pony Golf Legal
  • Address: 401 Congress Avenue, Suite 1540, Austin, Texas 78701, United States
  • Email: info@theponygroup.com

— 15) Disclaimer of Warranties

To the fullest extent permitted by law:

  • The Site, content, and products are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied.
  • We disclaim all warranties, including merchantability, fitness for a particular purpose, title, non‑infringement, and any warranties arising from course of dealing or usage of trade.
  • We do not warrant that the Site will be uninterrupted, secure, or error‑free, or that defects will be corrected, or that information is accurate or complete.

Your sole remedy for dissatisfaction with the Site is to stop using it; your remedies for product issues are as stated in our returns/warranty policies and applicable law.

 

— 16) Limitation of Liability

To the fullest extent permitted by law:

  • Pony Golf and our affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, data, goodwill; or business interruption, even if advised of the possibility.
  • Our total liability for any claim arising out of or relating to the Site, products, or these Terms will not exceed the greater of: (a) the amount you paid to us for the product(s) or service(s) giving rise to the claim in the 12 months preceding the event, or (b) USD $100.

Some jurisdictions do not allow certain limitations; in those cases, the above limitations apply to the maximum extent permitted.

 

— 17) Indemnification

You agree to defend, indemnify, and hold harmless Pony Golf and our affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site or products, your User Content, or your violation of these Terms or applicable law.

— 18) Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your rights.

  • Informal resolution: Before filing a claim, you agree to first contact us at info@theponygroup.com and attempt to resolve the dispute informally within 30 days.
  • Binding arbitration: Except for small claims court matters and claims for injunctive relief regarding intellectual property or unauthorized access/abuse of the Site, any dispute arising from or relating to these Terms, the Site, or products will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law apply.
  • Procedure: Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this section. Venue will be Austin, Texas (or your county of residence for consumer claims, where required by AAA rules). The arbitrator has exclusive authority to resolve disputes regarding the scope, enforceability, or interpretation of this arbitration provision.
  • Class action waiver: Disputes will be resolved only on an individual basis; class, consolidated, or representative actions are not permitted.
  • Opt‑out: You may opt out of arbitration within 30 days of first accepting these Terms by emailing your name, contact information, and a clear statement of your decision to opt out to info@theponygroup.com. Opting out does not affect other provisions of these Terms.
  • Costs and fees: The payment of filing, administration, and arbitrator fees will be governed by the AAA rules, subject to applicable law.

— 19) International Users; Sanctions and Export

You are responsible for compliance with local laws where you access the Site. You may not use or export products in violation of U.S. export and sanctions laws, including regulations administered by OFAC and the U.S. Department of Commerce.

— 20) Consumer Rights and Non‑Waivable Terms

Nothing in these Terms limits rights that cannot be waived under applicable law. If you are a consumer in certain jurisdictions (e.g., EEA/UK), you may have additional statutory rights that supplement these Terms.

— 21) Force Majeure

We are not liable for failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, supply chain disruptions, internet failures, power outages, or governmental actions.

— 22) Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms. You may stop using the Site at any time. Sections that by their nature should survive termination will survive (e.g., IP, User Content license, disclaimers, limitations of liability, indemnification, dispute resolution).

— 23) Changes to the Site and to These Terms

We may modify, suspend, or discontinue any part of the Site at any time. We may update these Terms from time to time. Changes take effect when posted to the Site or on the effective date indicated. Your continued use of the Site after changes become effective constitutes acceptance.

— 24) Miscellaneous

  • Governing law: These Terms are governed by the laws of the State of Texas, without regard to its conflict‑of‑laws rules, except that the Federal Arbitration Act governs the arbitration provision.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms.
  • Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary to be enforceable; the remainder will remain in effect.
  • No waiver: Our failure to enforce any provision is not a waiver of our right to enforce it later.
  • Entire agreement: These Terms, along with any policies or terms referenced (e.g., Privacy Policy, Returns/Refunds policy, specific offer terms), constitute the entire agreement between you and Pony Golf regarding the Site and products.
  • Headings: Headings are for convenience only and do not affect interpretation.
  • Notices: You agree we may provide notices by posting to the Site or emailing the address associated with your account or order.

— 25) Contact

  • The Pony Group, LLC dba Pony Golf
  • 401 Congress Avenue, Suite 1540, Austin, Texas 78701, United States
  • info@theponygroup.com

Summary of Key Points

  • Using the Site means you accept these Terms; review our Privacy Policy and Returns/Refunds policy.
  • Orders are subject to availability and acceptance; prices and information may change or include errors.
  • Products and the Site are provided “as is”; our liability is limited to the maximum extent permitted.
  • Disputes are resolved by binding arbitration on an individual basis, with a 30‑day opt‑out.
  • Contact info@theponygroup.com with questions or to exercise rights under these Terms.