Please read these terms and conditions (“Terms”, “Terms and Conditions”) carefully before using the https://tommyarmourgolf.com website (the “Service”) operated by Tommy Armour Golf (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Tommy Armour Golf and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tommy Armour Golf.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Tommy Armour Golf.
Tommy Armour Golf has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tommy Armour Golf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Tommy Armour Golf its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at:
Tommy Armour Golf
123 Golf Club Drive
Phoenix, AZ 85001
Email: support@thetommyarmour.com
Purchasing and Ordering
By placing an order for products through the Service, you agree to the terms set forth in this section. All orders are subject to product availability.
You agree that you will pay for all products you purchase through the Service, and that Tommy Armour Golf may charge your credit card or other payment method for any products purchased, plus shipping and handling charges.
Tommy Armour Golf reserves the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you.
Shipping and Delivery
When you purchase a physical product through the Service, the product will be shipped to the delivery address you provide at checkout. Delivery timeframes and charges may vary based on product availability, your location, and other factors.
You bear all risks of loss or damage during shipment. We request that you inspect all packages for damage prior to acceptance. Please contact us within 24 hours if you discover any shipping damage or errors with your order.
Returns and Refunds
Tommy Armour Golf accepts returns and exchanges on most products within 30 days of purchase as long as they are in new, unused, and resalable condition with original packaging and tags. Customized products are non-returnable.
To request a return or exchange, please contact us at orders@tommyarmourgolf.com with your order details. You will be responsible for all return shipping costs unless the return is a result of a defective product or shipping error on our part. Refunds are generally issued within 7-10 business days after the product is received and inspected.
User Accounts
When you create an account with us, you agree to maintain accurate, complete, and up-to-date information. Failure to do so may result in the inability to access your account or use our services.
You are responsible for safeguarding your password for your account. You agree not to disclose your password to any third party and to immediately notify us if you become aware of any unauthorized access to or use of your account.
You authorize us to take steps we deem necessary, in our sole discretion, to verify your identity while registering and using your account. This may include asking you for further information or documentation, requiring you to take steps to confirm ownership of your email address or payment instruments, verifying your information against third party databases, or other measures.
User Content
The Service may allow you and other users to post, upload, share, store or otherwise provide content such as text, images, videos, reviews or other submissions. We have no responsibility for this user-generated content, and make no guarantees regarding the accuracy, currency, suitability, or quality of this content.
You understand that by using our Service, you may be exposed to content from other users that is offensive, indecent, objectionable or otherwise inappropriate. We have no responsibility to pre-screen, monitor, approve, verify or exert editorial control over any user content.
We have the right (but not the obligation) to remove or edit any user content at any time for any reason. This may include user content that violates these Terms or is deemed harmful, offensive, unlawful or otherwise objectionable by us in our sole discretion.
User Conduct
You must only use our Service for lawful purposes, and comply with all applicable laws in your use of the Service. You agree not to:
- Use our Service in any way that harms Tommy Armour Golf or its users
- Use any abusive, defamatory, harassing, offensive, or violent language
- Distribute spam, unsolicited emails, or advertisements
- Propagate viruses, worms, Trojan horses, malware, or any other harmful software
We reserve the right to terminate your access to the Service if we reasonably believe you are violating these Terms, applicable law, or for any other reason in our sole discretion.
Indemnification
You agree to defend, indemnify and hold harmless Tommy Armour Golf, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOMMY ARMOUR GOLF, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOMMY ARMOUR GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOMMY ARMOUR GOLF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES FROM ANY CAUSE OF ACTION WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO TOMMY ARMOUR GOLF OVER THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Modifications to the Service
We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing features of the Service), temporarily or permanently, without notice to you. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
You understand that the Service may evolve and change over time, and that we have no obligation to provide any specific content or functionality. The then-current version of the Service supersedes any prior versions.
Arbitration Agreement
Except for small claims disputes in which you or Tommy Armour Golf seeks individual relief up to $5,000, you agree that all disputes between you and Tommy Armour Golf (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall apply fully, notwithstanding any other provision of these Terms, to any disputes arising out of or relating to the Service. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this arbitration agreement. However, the preceding sentence shall not apply to disputes relating to the interpretation or scope of the class action waiver contained in the following paragraph.
You and Tommy Armour Golf further agree that the arbitrator shall have the power to rule on any challenge to his or her jurisdiction or to the validity or enforceability of any portion of the arbitration agreement. You and Tommy Armour Golf agree that the arbitrator shall conduct the arbitration in accordance with the AAA’s Commercial Arbitration Rules. You and Tommy Armour Golf agree that each party shall bear its own attorneys’ fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator.
You and Tommy Armour Golf agree, and hereby waive any right to participation in a class action lawsuit or class-wide arbitration. You and Tommy Armour Golf hereby agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Tommy Armour Golf expressly waive any right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Additional California Rights
If you reside in California, you have the right to request information from Tommy Armour Golf regarding the manner in which we share certain categories of your personal information with third parties, for their direct marketing purposes. California law provides that you have the right to submit a request to us at our designated address and receive the following information:
- The categories of information we disclosed to third parties for their direct marketing purposes during the preceding year;
- The names and addresses of the third parties that received that information; and
- If the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.
We are providing this notice as required by California law. To request examples of how we have shared information with third parties for their marketing purposes, please contact us at:
Tommy Armour Golf
7041 S Golfside Ln, Phoenix, AZ 85042
Email: privacy@tommyarmourgolf.com