Terms & Conditions
Terms And Conditions
Welcome to Golf Warehouse. The www.golfwarehouse.com/ websites are collectively the “Golf Warehouse Site” and each individually is a “Golf Warehouse Site.” Your use of the Golf Warehouse Site, related Golf Warehouse services, and Golf Warehouse products constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein (the “Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any Golf Warehouse Site. Additional or separate terms may apply to your interactions with other Golf Warehouse websites, Golf Warehouse locations, and to your use of individual services or features available on a Golf Warehouse Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of these Terms will govern. References to “ Golf Warehouse,"our," "we," or "us" shall refer to Golf Warehouse and their affiliates, subsidiaries, agents, and designees. References to “you,” or “your” shall refer to any user accessing viewing, or otherwise interacting with any Golf Warehouse Site(s). We may make changes to any Golf Warehouse Site and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the Golf Warehouse Site.
Use of the Golf Warehouse Site
You may use the Golf Warehouse Site for your personal, non-commercial use only. You may not use any Golf Warehouse Site if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Golf Warehouse Site only with the supervision or involvement of a parent or guardian.
Information on Our Site
We try to be as accurate as possible with the information we present on the Golf Warehouse Site. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Product prices offered on the Golf Warehouse Site may vary from other advertised prices due to varying conditions in different geographic markets. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. The prices displayed on the Golf Warehouse Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping handling costs.
Paying for Your Order
Generally, we'll charge your payment method for an item when we ship the item to you or confirm its availability in store. However, we may preauthorize your order amount with your credit card, credit account, or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we'll debit your card when you place the pre-order. For special delivery items, we'll charge your payment method when you confirm a delivery time.
While we will use our best efforts to fulfill all orders, Golf Warehouse cannot guarantee the availability of any particular product displayed on the Golf Warehouse Site. Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to promptly notify you using the email address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order. We reserve the right to discontinue the sale of any product listed on the Golf Warehouse Site at any time without notice.
Golf Warehouse grants you permission to view and use the Golf Warehouse Site and to print individual pages from the Golf Warehouse Site for your own personal, non-commercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from the Golf Warehouse Site.
In addition, as a condition of your use of the Golf Warehouse Site, you represent and warrant to Golf Warehouse that you will not use Golf Warehouse Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use the Golf Warehouse Site. Other than these Terms between you and Golf Warehouse relating to the sale of products or services to you through the Golf Warehouse Site, Golf Warehouse will not enter into any agreement with you or create any obligation to you through this Golf Warehouse Site and no attempt to create such an agreement or obligation will be effective.
The trademarks, service marks and logos (collectively the "Marks") used and displayed on this Site are registered and unregistered Trademarks of Golf Warehouse and others. Nothing on this Golf Warehouse Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Golf Warehouse Site, without the prior written permission of the Mark owner. Golf Warehouse aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Golf Warehouse, or any of Golf Warehouse’s trademarked product names; the Golf Warehouse logo or the logo of any Golf Warehouse trademarked product names; or the other Golf Warehouse formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Golf Warehouse. Golf Warehouse strictly prohibits use of the Golf Warehouse logo as part of a link to or from any site unless the establishment of such a link is approved in advance by Golf Warehouse in writing. Fair use of Golf Warehouse’s Marks requires proper acknowledgment. Other product and company names mentioned on this Golf Warehouse Site may be the Marks of their respective owners.
Links to Third Party Site
This Site may contain links to sites owned or operated by parties other than Golf Warehouse or its affiliates. Such links are provided for your reference only. Golf Warehouse does not control outside sites and is not responsible for their content. Golf Warehouse’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the inclusion of the links imply that Golf Warehouse is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
NO WARRANTIES; EXCLUSION OF LIABILITY
WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GOLF WAREHOUSE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. GOLF WAREHOUSE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE NTE SITES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE GOLF WAREHOUSE SITES. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ANY WARRANTY ON ANY PRODUCT SOLD THROUGH AN GOLF WAREHOUSE SITE IS PROVIDED TO GOLF WAREHOUSE OR DIRECTLY TO YOU BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOLF WAREHOUSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY GOLF WAREHOUSE SITES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A GOLF WAREHOUSE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A GOLF WAREHOUSE SITE OR GOLF WAREHOUSE GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD. IN NO EVENT SHALL EITHER THE GOLF WAREHOUSE or BASEBALL SAVINGS, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You can also write us at:
3550 Work Dr. Unit B12, Fort Myers, FL 33916
Although Golf Warehouse will be able to receive communication provided through this Site (including, without limitation, service requests and other submissions) in most circumstances, Golf Warehouse does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
We welcome your comments regarding this site. However, by submitting any content to Golf Warehouse (including photos), via the Golf Warehouse Site or otherwise, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you; and
- use of the content you supply does not violate the Terms and will not cause injury to any person or entity.
- You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Golf Warehouse (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Golf Warehouse and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at Golf Warehouse’s sole discretion. Golf Warehouse reserves the right to change, condense or delete any content on the Golf Warehouse Site that Golf Warehouse deems, in its sole discretion, to violate these Terms. Golf Warehouse does not guarantee that you will have any recourse through Golf Warehouse to edit or delete any content you have submitted. You acknowledge that you, not Golf Warehouse, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Golf Warehouse, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
You agree that Golf Warehouse may at any time and without notice change the terms, conditions and notices under which the Golf Warehouse Site are offered; however, any change to the terms after your last usage of the Golf Warehouse Site will not be applied retroactively.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Golf Warehouse as a result of this agreement or your use of this Golf Warehouse Site.
Golf Warehouse’s performance of these Terms is subject to existing laws and legal process and nothing contained in this agreement is in derogation of The Golf Warehouse’s right to comply with law enforcement requests or requirements relating to your use of the Golf Warehouse Site or information provided to or gathered by Golf Warehouse with respect to such use.
Golf Warehouse also may make employment information available through this Golf Warehouse Site. Golf Warehouse is an equal opportunity employer. Golf Warehouse provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Golf Warehouse’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF GOLF WAREHOUSE OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Golf Warehouse Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Golf Warehouse Site at any time without prior notice.
This Golf Warehouse Site and the materials within it are © Golfwarehouse. Viewing or using this Golf Warehouse Site may create a copy of Golf Warehouse materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.