Terms and Conditions
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
1. Availability. Wizard Golf LLC cannot guarantee availability of an ordered product. If unable to deliver an ordered product due to insufficient inventory, you will be notified and may do one of the following: 1) request the product be delivered when it becomes available, in which case you will be charged for the purchase only at the time of processing; 2) cancel and request the product not be delivered, in which case you will not be charged: Wizard Golf LLC is not responsible for, and disclaims any responsibility for, and damage suffered due to unavailability of a product(s) ordered.
2. Trademarks. All brand, product and service names used on the site which identify Wizard Golf LLC and www.wizzardgolf.net are proprietary marks of the Company.
3. Ownership and Copyright. You acknowledge and agree that the site and the information contained in it, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the "Content") is the exclusive property of Wizard Golf LLC and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Wizard Golf LLC by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Wizard Golf LLC. The entire Content of the www.wizzardgolf.net (the “Website”).
Web site is copyrighted as a collective work under U.S. and international copyright and other intellectual property laws. You agree to indemnify and hold Wizard Golf LLC harmless for any violation of this provision.
4. External Links. From time to time Wizard Golf LLC may provide links that will take you to third party web sites and resources. These links are provided for your convenience only. If you decide to access any of the third party linked web sites, you do so entirety at your own risk and subject to the terms and conditions of use for such websites. Wizard Golf LLC does not endorse or take responsibility for the content on other web sites or the availability of other web sites and you agree that Wizard Golf LLC is not liable for any loss or damage that you may suffer by using other web sites.
7. Registration. In consideration of your use of the services, you represent that you are of legal age to form a binding contract.
8. Site License. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the site or any product, service, content or material downloaded from the site or displayed by, on, or in the site.
9. Use of Information and Ideas Submitted. You hereby acknowledge and agree that we are free to use any comments, information, ideas, concepts, reviews, techniques or other information (collectively, “Ideas”) contained in any communication you may send to Wizard Golf LLC or have with Wizard Golf LLC’s representatives, and we shall have no obligation to compensate you in any way for the Ideas provided by you that are used by Wizard Golf LLC for commercial purposes, including use by us in designing, developing, manufacturing and marketing products and creating, modifying or improving upon ours or other products, services or websites affiliated with Wizard Golf LLC. In posting, displaying or otherwise communicating any such ideas on Wizard Golf LLC’s web site, you hereby grant to Wizard Golf LLC a non-exclusive license to display, use, reproduce or modify the Ideas.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of date or software to and from the US or other countries).
To transmit or procure the sending of, any advertising or promotional materials including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses associated with any of the foregoing.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routing that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
11. User Content. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively “Interactive Services” that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively “User Contributions”) on or through the Website.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to use and our respective licensees, successors, and assigns.
Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you agree that you will not use the Website to:
Submit, post, upload, or otherwise transmit any User Contribution that is defamatory, libelous, abusive, tortuous, harassing, vulgar, obscene, hateful, inflammatory, indecent, or otherwise objectionable.
Submit, post, upload or otherwise transmit any User Contribution that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Impersonate any person, or misrepresent your identity of affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Submit, post, upload or otherwise transmit User Contribution that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Falsify or delete any attributions, legends, or other proprietary designations of the origin or source of software or other content appearing on the site or contained in a file that is uploaded.
13. Disclaimer; Warranty.
1. THE CONTENT, SERVICES AND/OR PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, NEITHER WIZARD GOLF LLC NOR ANY PERSON ASSOCIATED WITH WIZARD GOLF LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WIZARD GOLF LLC NOR ANYONE ASSOCIATED WITH WIZARD GOLF LLC REPRESENTS OR WARRANTS THAT THE SITE, INCLUDING THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES, WILL BE AVAILABLE, OR THAT DATA ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. COMPANY MAKES NO WARRANTY REGARDING ANY SOFTWARE, PRODUCTS, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, PRODUCTS, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE COMPANY SITE. NO ADVICE OR INFORMATION GIVEN BY WIZARD GOLF LLC, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE THROUGH THE SITE IS AT YOUR OWN DISCRETION AND AT YOUR SOLE RISK. WIZARD GOLF LLC MAKES NO WARRANTY ABOUT THE RESULTS TO BE OBTAINED FROM USING THE CONTENT, SERVICES AND/OR PRODUCTS AVAILABLE THROUGH THE SITE.
3. WIZARD GOLF LLC DOES NOT WARRANT, IN ANY WAY, ANY PRODUCT, GOODS OR MATERIALS PURCHASED, THOUGH ALL WARRANTIES OF THIRD PARTIES ACCRUE TO OWNER. THERE IS NO WARRANTY, IMPLIED OR OTHERWISE, OF MERCHANTABILITY OF SUCH PRODUCT, GOODS OR MATERIALS. WIZARD GOLF LLC MAKES NO WARRANTY THAT THE PRODUCT, GOODS OR MATERIALS ARE FIT FOR ANY PARTUCULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. ALL CONSEQUENTAIL DAMAGES FOR A BREACH HEREOF ARE EXPRESSLY EXCLUDED BY THE PARTIES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4. WIZARD GOLF LLC is not the manufacturer of all products on swingwizzard.com. Products may be warranted by their respective manufacturers. Consumer is referred to such product warranties for their terms and conditions. Wizard Golf LLC makes no separate warranty concerning such products. Wizard Golf LLC assumes no responsibility for the functioning or service of such products, and in no event shall be liable for any incidental or consequential damages in connection therewith.
14. Limitation of Liability. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE, CONTENT, PRODUCTS OR OTHER MATERIALS ON THE SITE OR PURCHASED FROM THE SITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WIZARD GOLF LLC OR ITS MEMBERS OR LICENSORS, OR ANY THIRD PARTY PROVIDER OF DATA, PRODUCT OR INFORMATION, BE LIABLE FOR UNAVAILABILITY OF PRODUCT OR PROVISION OF SERVICES AND SUPPORT, ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, PRODUCT OR THE SITE. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WIZARD GOLF LLC IS NOT LIABLE, IF AT ALL, FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID FOR THE PURCHASE OF THE PRODUCTS OR SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
15. Indemnification. You agree to indemnify and hold Wizard Golf LLC, and its members, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content, your use of the services, your connection to the services, your violation of these terms, or your violation of any rights of another.
1. Applicable Law and Jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the site and/or purchase of products, our advertising or this agreement must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. The parties agree that this agreement and any claims hereunder shall be governed by and subject to the laws of the state of Colorado, without giving effect to any principles of conflicts of law.
2. Dispute Resolution. All disputes arising under this agreement shall be submitted to mediation. Each party shall designate an executive officer or principal empowered to resolve the dispute. Should the designated representatives be unable to agree on a resolution, a mediation service acceptable to both parties shall select a mediator to mediate the dispute. Each disputing party shall pay an equal percentage of the mediator’s fees and expenses. No suit or arbitration proceeding shall be commenced under this agreement until at least 60 days after the mediator’s first meeting with the involved parties. In the event that a dispute is required to be litigated, you agree that the proper forum for any and all claims under this agreement will be the state and federal courts located in Denver County, Colorado, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys' fees.
3. Force Majeure. Wizard Golf LLC will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond the Company’s reasonable control.
4. Waiver. The failure of Wizard Golf LLC to enforce any right or provision in this agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
17. Prices. The prices displayed on this site including products prices, service prices, shipping & handling prices may be modified at anytime, are in U.S. Dollars and are valid and effective only in the United States. Individual product prices, service prices, shipping & handling, and any other charges included in your order may be charged separately at once, over time, or in payments. While we do our best to assure the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this web site at the time of your order.