Additional or different terms and/or conditions may apply to your use of the Site or to a service or product offered via the Site (in each such instance, and collectively “Additional Terms”). If you do not wish to be bound by these Terms, and any applicable Additional Terms, do not use the Site.
1. Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this Site 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 Site 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 Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2. Accuracy of Information
PGA TOUR Superstore attempts to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. 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.
3. Use of this Site
Additionally, you agree that, except as otherwise authorized, you will not:
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Site by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Site.
- Engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, us, or other users of the Site.
- Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Site or the Site’s content.
- Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, without the express consent of such users).
- Use the Site to transmit information that is in any way false, fraudulent, or misleading.
- Insert any code or product to manipulate the Site’s content in any way that adversely affects the Site.
- Otherwise violate these Terms.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with us or cause any other confusion; and (c) the links and the content on your website do not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
We in our sole discretion and without advance notice, may immediately suspend or terminate the availability of the Site and/or its content (and any elements or features of the same), in whole or in part, for any reason and without liability.
In using the Site, you must respect the intellectual property and other rights of ours and others. Your unauthorized use of the Site’s content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of PGA TOUR Superstore. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site 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 Site without the written permission of PGA TOUR Superstore or such third party owner.
5. Other Online Service Links
From time to time, this Site may contain links to sites or online services that are not owned, operated or controlled by PGA TOUR Superstore. All such links are provided solely as a convenience to you. This may include online tools controlled by other parties such as tools that allow you to submit and post product reviews. PGA TOUR Superstore is not responsible for any content, materials or other information located on or accessible from any other site or online service. PGA TOUR Superstore does not endorse, guarantee, or make any representations or warranties regarding any other site or online service, or any content, materials or other information located or accessible from such sites, or the results that you may obtain from using such sites. By using the Site, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of other online services. You hereby agree to indemnify us against all claims, injury, and/or damages arising out of your use of any other online service we do not control.
6. User-Generated Content
Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post in relation to this Site in any manner ("User-Generated Content") is and will be considered non-confidential and non-proprietary. Subject to applicable Additional Terms, you hereby grant PGA TOUR Superstore, and/or its designees, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right to use any or all User-Generated Content 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, all without any obligation to you except as required by applicable law. You further authorize PGA TOUR Superstore, and/or its designees, to publish your User-Generated Content in a searchable format that may be accessed by any Internet user.
As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your User-Generated Content. Our receipt of your User-Generated Content is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your User-Generated Content.
Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and that: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content, (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and will not infringe any intellectual property or other right of any third-party; and (d) the User-Generated Content will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
PGA TOUR Superstore may, but is not obligated to, monitor or review any User-Generated Content. PGA TOUR Superstore shall have no obligations to use, return, review, or respond to any User-Generated Content. Some User-Generated Content may be facilitated through one of our vendors, which may verify buyers that submit product reviews. PGA TOUR Superstore will have no liability related to the content of any such User-Generated Content, including any facilitation by our vendors (such as buyer verification), whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. PGA TOUR Superstore retains the right to remove any or all User-Generated Content that includes any material PGA TOUR Superstore deems inappropriate or unacceptable.
7. Site Account
When you register for an account on the Site, and each time you log in to the Site thereafter, you agree:
- You will provide and keep accurate, current, and complete information about yourself;
- You will not use a username (or email address) that is: already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive;
- You are solely responsible for all activities associated with your account or carried out by a user of your account, whether or not you authorized the activity;
- 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 will immediately notify us if your credentials are compromised or of any unauthorized use of your account, but accept that we are not responsible for thereafter stopping or preventing unauthorized use;
- You will not sell, transfer, or assign your account or any account privileges; and
- You will abide by the use restrictions set out in these Terms;
- We will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
If you register for an account you represent you are the age of majority in your jurisdiction. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Site. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
You or PGA TOUR Superstore may suspend or terminate your account or your use of this Site 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. PGA TOUR Superstore reserves the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
8. Site Purchases
Your purchase of any products on the Site is subject to Additional Terms. All items purchased from www.PGATOURSuperstore.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.
9. Electronic Contracting
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Site constitutes agreement to these Terms, and any applicable Additional Terms, then posted without further action by you.
10. Sweepstakes, Contests, and Promotions
Any sweepstakes, contests, or other promotions (any, a “Promotion”) that may be offered via the Site may be governed by Additional Terms that may have rules such as eligibility requirements, including certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User-Generated Content, and disclosures about how your personal information may be used. It is your responsibility to read these Additional Terms to confirm that you are eligible to participate, register, and/or enter, the Promotion. By participating in a Promotion, you will be subject to the applicable Additional Terms and you agree to comply with and abide by rules and the decisions of the identified sponsor(s).
11. Business Transactions
We reserve the right to transfer any information we obtain through the Site in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
YOUR USE OF THIS SITE IS AT YOUR RISK. THIS SITE 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. PGA TOUR SUPERSTORE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT (INCLUDING ALL INFORMATION, GRAPHICS OR DATA) PROVIDED ON OR THROUGH THIS SITE. CONTENT PROVIDED TO YOU ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND PGA TOUR SUPERSTORE 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. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF PGA TOUR SUPERSTORE, THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY ("APPLICABLE WARRANTIES"). TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCLUDING APPLICABLE WARRANTIES, PGA TOUR SUPERSTORE 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 SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PGA TOUR SUPERSTORE 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. PGA TOUR SUPERSTORE 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.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR PERSONAL INFORMATION MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR OTHER CONTENT TO US AND/OR BY POSTING INFORMATION ON THE SITE NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
13. Limitations of Liability
PGA TOUR Superstore 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 Site or your downloading of any materials, from this Site. IN NO EVENT WILL PGA TOUR SUPERSTORE, PGA TOUR, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE (“PGA TOUR PARTIES”) 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 SITE, PURCHASES MADE THROUGH THIS SITE, ANY OTHER ONLINE SERVICES LINKED ON THIS SITE, YOUR FAILURE TO COMPLY WITH THESE TERMS AND APPLICABLE ADDITIONAL TERMS, YOUR ENGAGEMENT WITH OTHER USERS, 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.
As permitted by applicable law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if PGA Tour Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).
EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, OR AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PGA TOUR PARTIES TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID PGA TOUR PARTIES IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY PGA TOUR PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY PGA TOUR PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) PGA TOUR PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY PGA TOUR PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST PGA TOUR PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
14. Dispute Resolution
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and PGA TOUR Superstore agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
If a dispute arises between you and PGA TOUR Superstore, you and PGA TOUR Superstore agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Site through binding arbitration or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at email@example.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
If we cannot resolve a dispute within sixty (60) days of receipt of the notice then, to the fullest extent permitted by applicable law, disputes shall be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), in the State of Georgia, conducted before a single arbitrator pursuant to its rules (including, but not limited to the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer site), except that we may seek injunctive or other appropriate relief in any state or federal court. You can also obtain AAA procedures, rules, and fee information by calling 800.778.7879.
To begin an arbitration proceeding, you must submit the dispute by utilizing the forms available at ADR Consumer site, and simultaneously sending a copy of the completed form to the following address:
Attn: Customer Service
1805 Old Alabama Road
Roswell, GA 30076
WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Fulton County in the State of Georgia. Any dispute shall otherwise be governed by the internal laws of in the State of Georgia without regard to the State of Georgia’s choice of law principles, except that the provisions of this agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You and PGA TOUR Superstore also agree that disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. The arbitrator may award relief (including injunctive relief) only on an individual basis.
In the event the AAA is unavailable or unwilling to hear the dispute, you and PGA TOUR Superstore shall agree to, or a court shall select, another arbitration provider.
But if, for any reason, any court with competent jurisdiction or an arbitrator holds that this Section is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the dispute must be brought exclusively in court as follows.
YOU AND PGA TOUR SUPERSTORE 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. YOU AND PGA TOUR SUPERSTORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT BY DELIVERY OF WRITTEN NOTICE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
15. Revisions to These Terms
16. Choice of Law; Jurisdiction
PGA TOUR Superstore may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of ours.
18. Complete Agreement and Severability
Unless otherwise specified, these Terms constitute the entire agreement between you and PGA TOUR Superstore. If any part of these Terms is held illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of PGA TOUR Superstore to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing signed by an officer of ours.
19. California Consumer Rights and Notices
In accordance with California Business and Professions Code Section 17538 et al., our return and refund policy is available here, the legal name under which we conduct business is Golf & Tennis Pro Shop, Inc., and our business address is 1805 Old Alabama Road, Roswell, GA, 30076.
Residents of California are also entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.