Legal

Welcome to Clubfacegolf.com. ClubFace Golf LLC and/or its affiliates ("ClubFace") provide website features to you subject to the following conditions. If you visit or shop at Clubfacegolf.com, you accept these conditions. Please read them carefully.


ELECTRONIC COMMUNICATIONS

When you visit Clubfacegolf.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.


COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, videos, and software, is the property of ClubFace and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ClubFace and protected by U.S. and international copyright laws. All software used on this site is the property of ClubFace or its software suppliers and protected by United States and international copyright laws.


TRADEMARKS

CLUBFACE GOLF, the CLUBFACE GOLF logo, and other Clubfacegolf.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of ClubFace in the U.S. and/or other countries. ClubFace's trademarks and trade dress may not be used in connection with any product or service that is not ClubFace's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ClubFace. All other trademarks not owned by ClubFace that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ClubFace.


LICENSE AND SITE ACCESS

ClubFace grants you a limited license to access and make personal use of this site and not to download (other than page caching and streaming videos) or modify it, or any portion of it, except with express written consent of ClubFace. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ClubFace. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ClubFace without express written consent. You may not use any meta tags or any other "hidden text" utilizing ClubFace's name or trademarks without the express written consent of ClubFace. Any unauthorized use terminates the permission or license granted by ClubFace. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Clubfacegolf.com so long as the link does not portray ClubFace, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any ClubFace logo or other proprietary graphic or trademark as part of the link without express written permission.


YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ClubFace may sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Clubfacegolf.com only with involvement of a parent or guardian. ClubFace reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.


REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may submit reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information to ClubFace via email, and in the future may be able to post to the site directly. Any such content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

If you do submit such information or material, and unless we indicate otherwise, you grant ClubFace a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ClubFace and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you provide; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ClubFace for all claims resulting from content you supply. ClubFace has the right but not the obligation to monitor and edit or remove any activity or content. ClubFace takes no responsibility and assumes no liability for any content posted by you or any third party.


OTHER BUSINESSES

We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ClubFace does not assume any responsibility or liability for the actions, product, and content of any other third parties. You should carefully review their privacy statements and other conditions of use.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CLUBFACE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CLUBFACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLUBFACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLUBFACE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM CLUBFACE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLUBFACE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


APPLICABLE LAW

By visiting Clubfacegolf.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ClubFace.


DISPUTES

Any dispute relating in any way to your visit to Clubfacegolf.com or to products or services sold or distributed by ClubFace in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Orange County, California, and you consent to exclusive jurisdiction and venue in such courts.


SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


PRODUCT PRICES

Product prices are stated on our site. We reserve the right to modify product prices, shipping & handling and any other charges at any time. Individual product prices, shipping & handling, and any other charges included in your order may be charged separately at once, over time, or in payments.


RETURN AND REFUND POLICY

Products purchased from this site may be returned within thirty (30) days of receipt of shipment. The product must be returned in its original packaging. Contact us via email or telephone to obtain an RMA for the return. You must pay shipping charges to return the product, and the product must be returned in the same condition it was received. Following receipt of a timely and proper return, we will refund you the purchase price, minus shipping and handling charges. After the thirty (30) day period, we will not provide refunds.


LIMITED WARRANTY FOR MANUFACTURING DEFECTS

For a period of one year following your date of purchase, we will replace damaged or defective products with a replacement product if the defect was not caused by improper use (for example, hitting balls or other objects with our non-hittable swing trainer). In order to obtain a replacement product, contact us to obtain an RMA for return of the defective product prior to expiration of the one year limited warranty period. Upon receipt and confirmation that the product damage was the result of a manufacturing defect as opposed to improper use, we will replace the product.


Product Availability, Delivery and Transfer of Title

If we are unable to deliver an ordered product to you due to insufficient inventory, we will notify you and you may do one of the following things: 1) request that the product be delivered when it becomes available, in which case you will be charged for the purchase only at that time; or 2) cancel and request that the product not be delivered, in which case you will not be charged. We are not responsible for, and disclaim any responsibility for, any damage you may suffer due to unavailability of a product you ordered.

We will deliver the products you ordered upon receipt of full payment for the purchase. The products will be delivered to the address you provided at the time of the order. We will make best efforts to deliver the products in a safe and timely fashion, however, we are not responsible for and disclaim any responsibility for events beyond our control including, without limitation, acts of God, transportation, mechanical or other system failures or interruptions, weather conditions, strikes or other business interruptions, or acts of public authorities, including customs and health officials, that prevent or delay shipment. Title to the products you ordered passes to you, and you become the owner of them, at the moment they are transferred to the shipping carrier for delivery to you. Except as otherwise may be provided herein, at the moment of transfer to the carrier you assume all risk associated with those products and we are not liable for their loss, damage or destruction.

Delivery of product is subject to the rules of the shipping carrier used by us, in particular, those covering signature acknowledging receipt of product. If you are absent from the delivery point designated by you at the time of delivery, it is your responsibility to recover the products according to the rules of the shipping company that is attempting to make delivery to you.


PRIVACY

We do not share your email address with third party marketers.

When you order and purchase, or attempt to order and purchase, products at the site, we ask for, and you are required to give, your name, address, zip code, telephone number, email address, credit card account number or checking account number, and credit card expiration date. Once you order or attempt to order and purchase products, you are not anonymous.

We automatically receive and record information from your web browser, including your IP address, cookie information, and the page you requested. We use IP addresses and cookies to analyze trends, administer the site, track users' movements, and gather broad demographic information for aggregate use. IP addresses are not linked to your personal information.

For reasons such as improving our Products and offerings (for example, providing product recommendations or special offers that we think will interest you), we might receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication easily.

Information we collect is generally used for the following purposes:

1. We currently do not share any information with marketing partners or other third parties for marketing or other commercial purposes, although we reserve the right to do so in the future (and if we do, we will update this notice).

2. To build features that will make the features and services on our Site easier to use, and to provide better customer support and timely notice of new product and service offers.

3. To improve our marketing efforts, to analyze Site usage, improve our content and product offerings, and customize our Site's content, layout, and services. These uses improve our Products and better tailor them to meet your needs.

4. To process Product orders and deliveries, resolve disputes, troubleshoot problems and enforce our Terms and Conditions of Use.

Notwithstanding the foregoing, we reserve the right to disclose personal information, including sensitive information such as a credit card or bank account number, when we believe that such disclosure is appropriate to comply with the law or a request by a governmental agency, to protect our rights or property, or to enforce our Terms and Conditions of Use. In the event that we or substantially all of our assets are acquired by a third party, customer information and sensitive information may be some of the transferred assets.

We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. They have access to personal information and sensitive information needed to perform their functions, but may not use it for other purposes.

We take precautions to protect our customers' personal information, particularly sensitive information, both online and offline. Sensitive information is encrypted and is protected online. Sensitive information is also protected offline in our offices. Only employees who need the information to perform a specific job are granted access to sensitive information. All employees are kept apprised of our security practices and changes in those practices. Finally, the servers that we store sensitive information on are kept in a secure environment.

If a customer's personal information changes, we will endeavor to provide a way to correct or update that customer's personal data provided to us. This can usually be done by contacting our customer service department by phone or e-mail.

If we decide to change our Policy, we will post these changes on our Site or provide other notification of our revised Policy so our users and customers are always aware of what information we collect, how we use it, and when we disclose it.

We serve general users of the Internet. We support and comply with the Online Protection Act (COPPA) and we do not knowingly collect information from children under the age of 13, nor do we share such information with third parties. Children under the age of 18 may use the Site only with the involvement of a parent or guardian.

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