Terms of service

Overview

Welcome to Golfation! The terms "we", "us" and "our" refer to Golfation. Golfation operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Golfation is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

Section 1 - Access and account

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, and that you have given consent for any of your minor dependents to use the Services on devices you own or manage.

To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.

Section 2 - Our products

We have made every effort to represent our products accurately in our store. However, colors and product appearance may differ from what you see on screen depending on your device and its settings. We do not warrant that the appearance or quality of products purchased will meet your expectations or be identical to how they are depicted in our store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer, on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Golfation reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Golfation confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided when the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 - Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes or import charges. Prices in our online store may differ from prices offered elsewhere. We may run promotions governed by separate terms; if there is a conflict between promotion terms and these Terms, the promotion terms govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to promptly update it as needed. You represent and warrant that (i) the card information you provide is true, correct and complete, (ii) you are authorized to use that card, (iii) charges you incur will be honored by your card company, and (iv) you will pay the charges at the posted prices, including any applicable taxes.

Section 5 - Shipping and delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. See our Shipping Policy for processing and delivery details.

Section 6 - Intellectual property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of these, are owned by Golfation, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material on the Services without our prior written consent. Nothing in these Terms grants you a license or other rights under any patent, trademark, copyright or other intellectual property of Golfation, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Golfation.

Golfation names, logos, product and service names, designs and slogans are trademarks of Golfation or its affiliates or licensors and may not be used without prior written permission. Shopify's name, logo and product names are trademarks of Shopify. All other names and marks are the property of their respective owners.

Section 7 - Optional tools

You may be given access to tools offered by third parties as part of the Services, which we neither monitor nor control. You acknowledge and agree that we provide access to such tools "as is" and "as available", without warranties or endorsement of any kind, and that we have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk, and you should make sure you are familiar with and approve the terms of the relevant third-party provider. Any new features we offer in the future are also part of the Services and subject to these Terms.

Section 8 - Third-party links

The Services may contain materials and links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you leave the Services to access them, you do so at your own risk. We are not liable for any harm or damages related to your use of third-party websites or your purchase of products or services through them. Please review the third party's policies carefully before engaging in any transaction, and direct any complaints or questions about third-party products to the third party.

Section 9 - Relationship with Shopify

Golfation is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Golfation. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Golfation, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Golfation.

Section 10 - Privacy policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit will be transmitted to and shared with Shopify and third parties that may be located in other countries, in order to provide services to you.

Section 11 - Feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to your Feedback, that you have disclosed any compensation received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, pay compensation for it, or respond to it. We may, but are not obliged to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, defamatory or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate the rights of any third party, will not contain unlawful, abusive or obscene material, and will not contain malware that could affect the operation of the Services. You may not use a false email address or pretend to be someone else. You are solely responsible for the Feedback you provide and its accuracy.

Section 12 - Errors, inaccuracies and omissions

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order.

Section 13 - Prohibited uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any regulations, rules or laws; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, intimidate or discriminate; (e) to transmit false or misleading information; (f) to send or use material that does not comply with these Terms; (g) to transmit spam or any similar solicitation; (h) to impersonate any person or entity; or (i) to engage in conduct that restricts anyone's use or enjoyment of the Services or that may harm Golfation, Shopify or users of the Services.

You additionally agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 14 - Termination

We may terminate this agreement or your access to the Services (or any part of them) at our sole discretion at any time without notice, and you remain liable for all amounts due up to and including the date of termination. Sections that by their nature should survive termination, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law and Privacy Policy, continue to apply after termination.

Section 15 - Disclaimer of warranties

The information on the Services is provided for general information purposes only. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is strictly at your own risk. Except as expressly stated by Golfation, the Services and all products offered through them are provided "as is" and "as available" without any representations, warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not fully apply to you.

Section 16 - Limitation of liability

To the fullest extent permitted by law, in no case shall Golfation, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products purchased through them, or from any other claim related in any way to your use of the Services, even if advised of the possibility of such damages.

Section 17 - Indemnification

You agree to indemnify, defend and hold harmless Golfation, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

Section 18 - Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. Such a determination shall not affect the validity and enforceability of the remaining provisions.

Section 19 - Waiver; entire agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements or communications between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 20 - Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

Section 21 - Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where Golfation is headquartered, and any disputes shall be brought before the federal and state courts of that jurisdiction. You and Golfation consent to venue and personal jurisdiction in such courts.

Section 22 - Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 23 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. We will notify you of material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

Section 24 - Contact information

Store name: Golfation
Company name: Golfation
Company address: 1021 E Lincolnway #9147, Cheyenne, WY 82001, United States
Phone: +1 (307) 400-8256
Email: info@golfation.com

Monday to Friday: 9:00 AM to 6:00 PM (EST)
Saturday and Sunday: 10:00 AM to 4:00 PM (EST)

We aim to respond to enquiries within 24 hours.