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.
Order Confirmation
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.
Use License
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.
Trademarks
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.
Privacy
We take our commitment to protect
your privacy seriously. Your use of the Golf Warehouse Site is subject to
our Privacy Policy. Please review the policy for more on how we collect
and use information.
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.
Contacting Us
If you have any questions about this
agreement, please email us at sales@golfwarehouse.com
, ganda@golfwarehouse.com , info@golfwarehouse.com
You can also write us at:
Golf Warehouse
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.
Uploaded Content
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.
General
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.
These Terms, the Privacy Policy, and
terms of sale constitute the entire agreement between you and Golf Warehouse
with respect to the Golf Warehouse Site. This agreement supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and Golf Warehouse with respect to this Golf Warehouse
Site. No modification of this agreement shall be effective unless it is
authored by Golf Warehouse or its affiliates. Any alleged waiver of any breach
of this agreement shall not be deemed to be a waiver of any future breach. A
printed version of this agreement and/or of any notice given by Golf Warehouse
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms or your use of this Golf
Warehouse Site to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained by Golf
Warehouse in printed form.
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.
Copyrights
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.