Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR VISITING, USING AND SUBMITTING INFORMATION TO OUR SITE.

We request that you send back your items to us within 48 hours of receipt of your pre-paid and insured shipping label. Any returns received after this time frame may be accepted at the discretion of Golf Deluxe.

 

 

Applicability of Terms & Conditions

By visiting, using, and/or submitting information to the Site, either directly or via third party sites that link to the Site, you are agreeing to be bound by (a) the terms contained in this Agreement, including any and all future amendments; (b) any and all applicable laws, whether foreign or domestic as they apply to the provision of the Site; and (c) any and all terms that govern the usage by the Company of the content and services used in providing the Site and which are incorporated herein by reference.

 

 

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SITE IMMEDIATELY.

 

 

Changes to Terms & Conditions

The Company may update this Agreement from time to time in its sole discretion without notice to you. Modifications shall become effective immediately upon the posting thereof. You should review this Agreement on a regular basis to keep yourself apprised of any changes as such changes to this Agreement are binding upon you by your continued use of the Site. The Company may notify you from time to time either by posting a notice on the Site, or via electronic mail (as determined in the Company's sole discretion) in the event of such changes.

 

 Any information you provide to us or we collect from you is subject only to our most current Terms & Conditions. You are advised and encouraged to visit the Site on a regular basis to review the current Terms & Conditions, and any changes related thereto.

 

Limited License

The Company grants you a non-exclusive, non-transferable, revocable (at any time) license to access and use our Site strictly in accordance with this Agreement. Your use of the Site is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement.

 

 

Ownership of the Site and Protection of Intellectual Property Rights

All right, title, and interest to the content displayed on our Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties, are the property of the Company, or third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.

 

 Unless you receive express prior written permission by us or the copyright holder identified in the relevant copyright notice, you agree not to copy, modify, reproduce, print, cache, store, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on our Site or any content (including without limitation any software) available through our Site.

 

 For personal use only, you may download or print a copy of the content from our Site, but you agree to retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of our Site or features that prevent or restrict use or copying of any content from our Site or enforce limitations on use of our Site or the content therein.

 

 

Modifications to the Site

The Company reserves the right at any time and from time to time to modify, suspend, discontinue or terminate, temporarily or permanently, the Site (or any part thereof) or access thereto, with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, discontinuance, or termination of the Site or access thereto.

 

 Unless explicitly stated otherwise, any new features that modify in any way the Site, including the release of any new Company services, products, properties, shall be subject to this Agreement.

 

Termination of Our Site

You agree that we, in our sole discretion, may terminate your access to or use of our Site for ANY reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site may be effected without prior notice, and you acknowledge and agree that we may immediately delete all your related personally identifiable information and files and/or bar any continued access to such files or our Site. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Site, even if advised of a claim for damages. The Company may also, in its sole discretion, block certain IP addresses from accessing the Site to protect its integrity.

 

 Company Privacy Policy

In accessing our Site, you may provide the Company with certain information (including without limitation, personally identifiable information) which will be treated in accordance with the Company's Privacy Policy. For more information, please refer to the Company's Privacy Policy . By reference hereto, the Privacy Policy is expressly incorporated herein.

 

 

Communications with the Company

Any and all unsolicited communication sent or transmitted by you to the Company, including, but not limited to, suggestions, comments, and other information or materials but expressly excluding personally identifiable information (collectively "Feedback") shall be deemed non-confidential and non-proprietary. Subject to the Company's Privacy Policy, the Company shall have no obligation of any kind with respect to such Feedback and, without limitation, is free to use and distribute to others such Feedback. Furthermore, the Company shall be free to use any Feedback, including, but not limited to ideas, concepts, know-how, or techniques contained therein for any purpose, including, but not limited to incorporating, developing and marketing products from the use of such Feedback.

 

 

Company Privacy Policy

In accessing our Site, you may provide the Company with certain information (including without limitation, personally identifiable information) which will be treated in accordance with the Company's Privacy Policy. For more information, please refer to the Company's Privacy Policy . By reference hereto, the Privacy Policy is expressly incorporated herein.

 

 

PROHIBITED ACTIVITIES

The following is a non-exclusive list of prohibited activities that you acknowledge and agree not to engage in:

 

  • You will not impersonate any person or entity, including, but not limited to, the Company or any of its employees or agents, nor will you misrepresent or falsely state your affiliation with a person or entity, or disguise the origin of any information transmitted through the Site.
  • Except for posts on social media websites, such as Facebook, Twitter, Pinterest, and Instagram, you will not post any link to the Company Site on any internet website without the Company's express prior written permission.
  • You will not transmit to the Site and/or the Company, its employees or agents:
    • any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
    • any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    • any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
    • any worms, viruses or other harmful, disruptive or destructive files, code or programs;
  • You will not interfere with or disrupt the Site, our servers or networks connected to our Site, or disobey any requirements, procedures, policies, or regulations of networks connected to our Site;
    • You will not attempt to gain unauthorized access to the Company's computer systems or servers; and
    • You will not use any robot, spider, crawler, site search/retrieval application, offline reader, or other manual or automatic device or process to either (a) access the Site in a manner that sends more request messages to the the Company servers in a given period of time than one human can reasonably produce in the same period by using a convention on-line web browser; or (b) retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and its contents.

 

 

Payments

You represent and warrant that if you are selling or purchasing something from us that (a) any credit information you supply is true and complete, (b) charges incurred by you will be honored by your bank or credit card company, (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (d) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

 

 

Site Errors:

We make every effort to ensure the accuracy of our prices and information. However, mistakes and typographical errors may nevertheless occur. The Company reserves the right to correct those errors, and we apologize in advance for any inconvenience. In the event a transaction that was predicated on misinformation is completed, the Company reserves the right to cancel the transaction with no further liability on its part.

 

 

Brand Names and Trademarks

Except where noted otherwise, the brands whose products we sell are not associated with the Company, and the brand names are the trademarks of their respective owners. We are an independent dealer and are not an authorized reseller of any of the products we sell.

 

 

Brand Names and Trademarks

Except where noted otherwise, the brands whose products we sell are not associated with the Company, and the brand names are the trademarks of their respective owners. We are an independent dealer and are not an authorized reseller of any of the products we sell.

 

 

Special Note about Counterfeit Goods

As purveyors of a trusted luxury buying and selling environment, the Company takes its role in the fight against counterfeit goods very seriously and makes every effort to determine authenticity before an item is approved for sale. We do not tolerate sellers, knowingly or not, compromising the integrity of our Site. If our internal inspection and investigation determines that an item is indeed not authentic, it may be subject to confiscation by the Company at our discretion and all charges including shipping fees will be reimbursed to the buyer. We will charge all shipping fees incurred in the transaction to the seller, including fees from the buyer to the Company, and we may take appropriate action and legal remedies against the seller.

 

 

Information Disclaimer and Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT OUR SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

 

 

WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE. ANY MATERIAL OBTAINED THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE UPLOAD AND/OR DOWNLOAD OR USE OF ANY SUCH MATERIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY VIRUSES, WORMS, INFECTIONS OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE QUALITIES).

 

 

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) ACCESS TO, THE USE OF, OR THE INABILITY TO USE OUR SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING WITHOUT LIMITATION, PERSONALLY IDENTIFIABLE INFORMATION), (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED $250.00.

 

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

Indemnification of the Company

You agree to indemnify and hold the Company and our affiliates, officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on our Site, (b) your connection to our Site, (c) your violation of this Agreement, or (d) your violation of any rights of another party.

 

 

Governing Law; Arbitration

These Terms & Conditions are to be governed and construed in accordance with the internal laws of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of, or relating to, these Terms & Conditions shall be exclusively referred to final and binding arbitration in Miami-Dade County, Florida, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Miami-Dade County, Florida. You and the Company shall select the arbitrator, and if you and the Company are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. The cost of such arbitrator and all costs and fees charged by the American Arbitration shall be paid equally by you and the Company.

 

 

Judgment upon any award (subject to the Limitation of Liability provided herein) rendered by the arbitrator shall be final, binding and conclusive upon you and the Company, and your and the Company's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.

 

 

Waiver

The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

 

 

Limitation of Actions Brought Against Us

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOU EXPLICITLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF EITHER YOUR USE OF OUR SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT SHALL FOREVER BE BARRED, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY.

 

 

Miscellaneous

If any provision of these Terms & Conditions are deemed unlawful, void or unenforceable by the arbitrator, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining portions of the Terms & Conditions shall continue in full force and effect.
The headings contained in these Terms & Conditions are for convenience of reference only, are not to be considered a part of these Terms & Conditions, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms & Conditions.

 

 

Your Questions, Comments & Complaints

The Company encourages you to provide it with feedback regarding these Terms & Conditions. Should you have questions, comments or concerns regarding these Terms & Conditions or our Site, please contact us by email at contact@golfdeluxe.com or by mail at:

 

 

Golf Deluxe
Attention:
Customer Service
2100 Ponce De Leon Blvd
Suite 700
Coral Gables, FL 33134

 

 

Effective Date

The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

These Terms & Conditions are effective as of July 31st, 2014.
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