TERMS OF USE
The
following terms and conditions (the “Terms and Conditions”) govern your use of
this website and any content made available from or through this website. This
website is located at shop.GOLF.com, and is provided to you by Shop Golf, LLC. We
may change the Terms and Conditions from time to time, without notice to you,
by posting changes to this website. PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE
CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
1.
Proprietary Rights. Shop Golf, LLC owns all rights, title and interest
in and to this website, and either, owns or uses with permission by the owner, all
content, including text, graphics, information, audio, photographs, videos,
illustrations and other visuals, code, data, the look and feel, design and
organization of the website, and the compilation of the content, code, data and
materials on the website, including but not limited to any copyrights,
trademark rights, patent rights, database rights, moral rights, and other
intellectual property and proprietary rights therein. Your use of the website
does not grant to you any ownership of any content, code, data or other
materials you may access on or though the website.
2.
Use of this website. The website design and all text, graphics,
information, content, and other materials displayed on or that can be
downloaded from this website are either the property of Shop Golf, LLC, or used
by Shop Golf, LLC with permission by the owner, and are protected by copyright,
trademark and other laws and may not be used, except as permitted in these
Terms and Conditions, or with the prior written permission of the owner of such
material. You may not modify the information or materials located on this website
in any way or reproduce or publicly display, perform, or distribute or
otherwise use any such materials for any public or commercial purpose. Any
unauthorized use of any such information or materials may violate copyright
laws, trademark laws, laws of privacy and publicity, and other laws and
regulations. You are responsible for maintaining the confidentiality of your
account information and password and for restricting access to such information
and to your computer. You agree to accept responsibility for all activities
that occur under your account or password.
3.
Products, Content and Specifications. All features, content, specifications,
products and prices of products and services described or depicted on this website
are subject to change at any time without notice. Certain weights, measures and
similar descriptions are approximate and are provided for convenience purposes
only. We make all reasonable efforts to accurately display the attributes of
our products, including the applicable colors; however, the actual color you
see will depend on your computer system and we cannot guarantee that your
computer will accurately display such colors. The inclusion of any products or
services in this website at a particular time does not imply or warrant that
these products or services will be available at any time. It is your
responsibility to ascertain and obey all applicable local, state, and federal
laws (including minimum age requirements) regarding the possession, use and
sale of any item purchased from this website. By placing an order, you
represent that the products ordered will be used only in a lawful manner.
4.
Accuracy of Information. Shop Golf, LLC attempts to ensure that
information on this website is complete, accurate and current. Despite our
efforts, the information on this website may occasionally be inaccurate,
incomplete or out of date. We make no representation as to the completeness, or
accuracy of any information on this website. For example, products included on
the website may be unavailable, may have different attributes than those
listed, or may actually carry a different price than that stated on the website.
In addition, we may make changes in information about price and availability
without notice. While it is our practice to confirm receipt of orders by email,
such email confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the right,
without prior notice, to limit the order quantity on any product or service
and/or to refuse service to any customer. We also may require verification of
information prior to the acceptance and/or shipment of any order.
5.
Trademarks. Certain trademarks, trade names, service marks and logos
used or displayed on this website or on content available through the website are
registered and unregistered trademarks, trade names and service marks of Shop GOLF,
LLC and others and may not be used in connection with products or services that
are not related to, associated with, or sponsored by their rights holders that
are likely to cause customer confusion, or in any manner that disparages or
discredits the rights holders. Other trademarks, trade names and service marks
used or displayed on this website are the registered and unregistered
trademarks, trade names and service marks of their respective owners. Nothing
contained on this website grants or should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
trademarks, trade names, service marks or logos displayed on this website
without the written permission of Shop Golf, LLC or such third party owner.
6.
Third Party Links. From time to time, this website may contain links to
websites that are not owned, operated or controlled by Shop Golf, LLC. All such links are provided solely as a convenience to you. If you use these links, you will
leave this website. Shop Golf, LLC is not responsible for any content,
materials or other information located on or accessible from any other website.
Shop Golf, LLC does not endorse, guarantee, or make any representations or warranties
regarding any other website, or any content, materials or other information
located or accessible from such websites, or the results that you may obtain
from using such websites. If you decide to access any other website linked to
or from this website, you do so entirely at your own risk.
7.
User Communications. Other than personally identifiable information, which
is subject to this website's Privacy Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments or
other communication you transmit or post to this website in any manner
("User Communications") is and will be considered non-confidential
and non-proprietary. Unless we specifically request such information from you,
we do not solicit nor do we wish to receive any confidential, secret or proprietary
information or other materials from you though this website. You acknowledge and
agree that you are solely responsible for the accuracy and content of User
Communications. Shop Golf, LLC, and/or its designees may use any or all User
Communications for any purpose whatsoever, including, without limitation,
reproduction, transmission, disclosure, publication, broadcast, development,
manufacturing and/or marketing in any manner whatsoever for any or all
commercial or non-commercial purposes. Shop Golf, LLC may, but is not obligated
to, monitor or review any User Communications. Shop Golf, LLC shall have no
obligations to use, return, review, or respond to any User Communications. Shop
GOLF, LLC will have no liability related to the content of any such User
Communications, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. Shop Golf, LLC retains the right to remove
any or all User Communications that includes any material Shop Golf, LLC deems
inappropriate or unacceptable.
Shop Golf, LLC may, from time to time,
solicit customer comments and feedback regarding its products and services
through messaging services, chat services, bulletin boards, message boards,
blogs, other forums and other such services available on or through the
website. In addition to any other rules or regulations that we may post in
connection with a particular service, you agree that you shall not upload,
post, transmit, distribute or otherwise publish through the website or any
service or feature made available on or through the website, any materials
which (i) restrict or inhibit any other user from using and enjoying the
website or the website's services, (ii) are fraudulent, unlawful, threatening,
abusive, harassing, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent, (iii) constitute or
encourage conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any local, state, national or international law,
(iv) violate, plagiarize or infringe the rights of third parties including,
without limitation, copyright, trademark, trade secret, confidentiality,
contract, patent, rights of privacy or publicity or any other proprietary
right, (v) contain a virus, spyware, or other harmful component, (vi) contain
embedded links, advertising, chain letters or pyramid schemes of any kind, or
(vii) constitute or contain false or misleading indications of origin,
endorsement or statements of fact. You further agree not to impersonate any
other person or entity, whether actual or fictitious, including anyone from
Shop Golf, LLC. You also may not offer to buy or sell any product or service on
or through your comments submitted to our forums. You alone are responsible for
the content and consequences of any of your activities.
Shop Golf, LLC reserves the right, but does
not have an obligation, to monitor and/or review all materials posted to the
website or through the website's services or features by its users. Shop Golf,
LLC is not responsible for any such materials posted by users; however, Shop
Golf, LLC. reserves the right at all times to disclose any information as
necessary to satisfy any law, regulation or government request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
that in the sole discretion of Shop Golf, LLC, are objectionable or in
violation of this Terms of Use Policy, other policies of Shop Golf, LLC or
applicable law. We may also impose limits on certain features of the website or
restrict your access to part or the entire website without notice or penalty if
we believe you are in breach of the guidelines set forth in this paragraph, our
terms and conditions or applicable law, or for any other reason without notice or
liability.
It is important to remember that comments
submitted to a website may be recorded and stored in multiple places, both on
our website and elsewhere on the internet, which are likely to be accessible
for a long time and you have no control over who may eventually read them. It
is important that you are careful and selective about the personal information
that you disclose about yourself and others, and in particular, you should not
disclose sensitive, embarrassing, proprietary or confidential information in your
comments to our website.
8. Prohibited User Conduct. You
warrant and agree that, while using the website and the various services and
features offered on or through the website, you shall not: (a) impersonate any
person or entity or misrepresent your affiliation with any other person or
entity; (b) insert your own or a third party's advertising, branding or other
promotional content into any of the website's content, materials or services,
or use, redistribute, republish or exploit such content or service for any
further commercial or promotional purposes; or (c) attempt to gain unauthorized
access to other computer systems through the website. You shall not: (i) engage
in spidering, "screen scraping," "database scraping,"
harvesting of e-mail addresses, wireless addresses or other contact or personal
information, or any other automatic means of obtaining lists of users or other
information from or through the website or the services offered on or through
the website, including without limitation any information residing on any
server or database connected to the website or the services offered on or
through the website; (ii) obtain or attempt to obtain unauthorized access to
computer systems, materials or information through any means; (iii) use the
website or the services made available on or through the website in any manner
with the intent to interrupt, damage, disable, overburden, or impair the website
or such services, including, without limitation, sending mass unsolicited
messages or "flooding" servers with requests; (iv) use the website or
the website's services or features in violation of the intellectual property or
other proprietary or legal rights of Shop Golf, LLC or any third party; or (v)
use the website or the website's services in violation of any applicable law.
You further agree that you shall not attempt (or encourage or support anyone
else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or
interfere with the website or the website's services, or any content thereof,
or make any unauthorized use thereof. You agree that you shall not use the website
in any manner that could damage, disable, overburden, or impair the website or
interfere with any other party's use and enjoyment of the website or any of its
services. You shall not obtain or attempt to obtain any materials or
information through any means not intentionally made publicly available or provided
for through this website.
9.
Linking to the Web Site. You agree that if
you include a link from any other website to this website, such link shall open
in a new browser window and shall link to the full version of an HTML formatted
page of this website. You are not permitted to link directly to any image
hosted on this website or our services, such as using an "in-line"
linking method to cause the image hosted by us to be displayed on another website.
You agree not to download or use images hosted on this website on another website,
for any purpose, including, without limitation, posting such images on another
site. You agree not to link from any other website to this website in any
manner such that the website, or any page of the website, is
"framed," surrounded or obfuscated by any third party content,
materials or branding. We reserve all of our rights under the law to insist
that any link to the website be discontinued, and to revoke your right to link
to the website from any other website at any time upon written notice to you.
10. Orders for Products and Services. We
make products and certain services available to visitors and registrants of
this website. If you order any products or services, you hereby represent and
warrant that you are 18 years old or older. You agree to pay in full the prices
for any purchases you make either by credit/debit card concurrent with your
online order or by other payment means acceptable to Shop Golf, LLC. You agree
to pay all applicable taxes. If payment is not received by us from your credit
or debit card issuer or its agents, you agree to pay all amounts due upon demand
by us. Certain products that you purchase and/or download on or through the
website may be subject to additional terms and conditions presented to you at
the time of such purchase.
11. DISCLAIMERS. YOUR USE OF THIS
WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED
"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. SHOP GOLF, LLC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE CONTENT (INCLUDING ALL INFORMATION, GRAPHICS OR DATA) PROVIDED ON OR
THROUGH THIS WEBSITE. CONTENT PROVIDED TO YOU ON OR THROUGH THIS WEBSITE MAY BE
OUT OF DATE, AND SHOP GOLF, LLC DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY
TO UPDATE SUCH CONTENT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE
ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF SHOP GOLF, LLC, THEIR
RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY (“APPLICABLE
WARRANTIES"). TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND
EXCLUDING APPLICABLE WARRANTIES, SHOP GOLF, LLC HEREBY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH
RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHOP GOLF, LLC HEREBY EXPRESSLY
DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. SHOP GOLF, LLC MAKES NO
WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF
IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
12. LIMITATIONS OF LIABILITY. SHOP GOLF,
LLC does not assume any responsibility, and shall not be liable for, any
damages to, or viruses that may infect, your computer, telecommunication
equipment, or other property caused by or arising from your access to, use of,
or browsing this website or your downloading of any materials, from this website.
IN NO EVENT WILL SHOP GOLF, LLC, GOLF.COM, OR THEIR OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PROMOTIONAL PARTNERS
NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE
BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE,
OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE
OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED
ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS AS SET FORTH IN THE APPLICABLE WARRANTIES, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR
SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
13. Indemnification. You agree to
defend, indemnify and hold Shop Golf, LLC and its affiliates, directors,
officers, employees and agents harmless from any and all claims, liabilities,
costs and expenses, including attorneys' fees, arising in any way from your use
of this website, your placement or transmission of any message, content,
information, software or other materials through the website, or your breach or
violation of the law or of these Terms and Conditions. Shop Golf, LLC reserves
the right, at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, and in such case, you
agree to cooperate with the defense of such claim by Shop Golf, LLC.
14. Photosensitive seizures. A small
percentage of users may experience a seizure when exposed to certain visual images,
such as flashing lights or patterns that may appear in video games or other
electronic or online content. Individuals who have no history of seizures or
epilepsy may have an undiagnosed condition that can cause these
"photosensitive epileptic seizures" while watching video games or
other electronic content. These seizures have a variety of symptoms, including
lightheadedness, disorientation, confusion, momentary loss of awareness, eye or
face twitching, altered vision or jerking or shaking of arms or legs. If you
experience any of the foregoing symptoms, or if you or your family has a
history of seizures or epilepsy, you should immediately stop using the website
and consult a doctor.
15. Revisions to these Terms and
Conditions. Shop Golf, LLC may revise these Terms and Conditions at any
time and from time to time by updating this posting. You should visit this page
from time to time to review the then current Terms and Conditions because they
are binding on you. Certain provisions of these Terms and Conditions may be
superseded by expressly designated legal notices or terms located on particular
pages at this website.
16. Choice of Law; Jurisdiction. These
Terms and Conditions supersede any other agreement between you and Shop Golf,
LLC to the extent necessary to resolve any inconsistency or ambiguity between
them. This website is administered by Shop Golf, LLC from its offices in North Carolina. These Terms and Conditions will be governed by and construed in accordance
with the laws of the State of North Carolina, without giving effect to any
principles of conflicts of laws. Any action seeking legal or equitable relief
arising out of or relating to this website shall be brought only in the State
and Federal courts located in Wake County, State of North Carolina. A printed
version of these Terms and Conditions shall be admissible in judicial and
administrative proceedings based upon or relating to these Terms and Conditions
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
17. Termination. You or Shop Golf, LLC
may suspend or terminate your account or your use of this website at any time,
for any reason or for no reason. You are personally liable for any orders that
you place or charges that you incur prior to termination. Shop Golf, LLC
reserves the right to change, suspend, or discontinue all or any aspect of this
website at any time without notice.
18. Risk of Loss. All items purchased from shop.GOLF.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
19. Licensed Technologies. This site provides faceted search licensed by Kelora Systems, LLC (www.kelora.com), under U.S. Patent 6,275,821.
20. State Sales and Use Tax Reporting. We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it's specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
Customers purchasing from shop.GOLF.com and shipping to North Carolina, Oklahoma, South Dakota, Utah, or Vermont:
North Carolina State law requires us to charge sales tax for all shipments made to North Carolina. Sales taxes of 6.75% are charged for all shipments made to locations within North Carolina. Shipments made to certain counties and municipalities may be subject to additional sales taxes; for example - shipments to Mecklenburg County, North Carolina bear an additional .5% sales tax charge.
Utah State law requires us to charge sales tax for all shipments made to Utah. The current sales tax rate for the State of Utah is 4.70%. Certain cities, counties and other municipalities charge an additional tax; accordingly, sales taxes will be charged on all orders based on the tax jurisdiction of the destination within the state of Utah.
Oklahoma Tax may be reported and paid on the Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website. State law does not require us to charge sales tax for shipments to Oklahoma. We are required to provide the notice above for Oklahoma purchases based on Oklahoma law (HB 2359) enacted in June 2010.
South Dakota Tax may be reported and paid on the South Dakota use tax form. The use tax form and corresponding instructions are available on the South Dakota Department of Revenue website. State law does not require us to charge sales tax for shipments to South Dakota. We are required to provide the notice above for South Dakota purchases based on South Dakota law (SB 146) enacted in April 2011.
Vermont Tax may be reported and paid on the Vermont use tax form. The use tax form and corresponding instructions are available on the Vermont department of taxes website. State law does not require us to charge sales tax for shipments to Vermont. We are required to provide the notice above for Vermont purchases based on Vermont law (H 436) enacted in May 2011.
Sales taxes are not charged on sales of gift certificates; although, for any purchase made where gift certificates are used as tender, sales taxes will be charged if the products are shipped to North Carolina or Utah.