Terms and Conditions of Purchase and Use
Acceptance of Terms and Conditions of Purchase and Use
Athletic Golf Swing owns and operates the Athletic Golf Swing website
("Site"). The terms and conditions ("Terms") that appear
below constitute a contract between you and us and govern the use of this Site
and transactions between you and us. By using the Site, you acknowledge having
read and understood these Terms. If you do not wish to be bound by these Terms,
do not use the Site and do not order products through the Site.
We may occasionally change these Terms. Please refer to the Site for changes to these terms and conditions.
Terms of Purchase Price
Product prices are stated at the 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 at the time of purchase or at the time of
shipment.
Return and Refund Policy
All products are subject to manufacturer's 30 day limited warranty, as described more fully below. If the product you purchased through the Site is defective or did not meet your expectations and you contact us within thirty (30) days of order placement, receive a return merchandise authorization number (RMA), we will refund the purchase price, minus 10% handling and inspection fees. Athletic golf Swing does not refund for any shipping and or handling charges. Items must be unused and in their original packaging for refund. Absolutely no returns will be accepted past 30 days from the date of purchase. All returns must have the issued RMA number clearly marked on the outside of the box. Packages that arrive without an issued RMA number will be returned to the sender; postage due. Send all RMA’s to: 880 Wigwam Pkwy #120, Henderson, NV, 89014. If the item was used it will not be accepted under the return policy and will be sent postage due to the sender.
Absolutely no returns will be accepted on items that were purchased using a discount coupon. If a product is defective, AGS will verify the product defect and send a replacement product at no additional charge.
Product Availability, Delivery and Transfer of Title
We do our best to insure that the product that you have ordered is in stock and will send you an email notification upon shipment of the product. We do not fully control and therefore cannot guarantee availability of an ordered product. 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.
Warranties
Any limited warranties provided by Athletic Golf Swing are included in the
documentation provided with the products and can be found at the Site. We make
no express warranties except those stated in any applicable warranty statement
in effect on the date of the invoice. Any such warranties will be effective,
and we or the product manufacturer will be obligated to honor any such
warranties, only upon our receipt of full payment for the item to be warranted.
Except as otherwise stated, your use of the Site and purchase of products from us
is solely at your own risk.
Limitation of Liability and Disclaimer of Warranties
We expressly disclaim all warranties either express or implied, including any
implied warranty of merchantability or fitness for a particular purpose,
provided, however, that this disclaimer does not affect the terms of any
manufacturer's warranty that may be provided.
We do not accept liability beyond the remedies set forth herein, including any liability for unavailability of product or provision of services and support. We are not liable for lost profits, loss of business, personal injury or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. You agree that for any liability related to the purchase of products or services bundled with the products, we are not liable, if at all, for any amount of damages above the aggregate dollar amount you paid for the purchase of the products or services.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages. In such jurisdictions our liability shall be limited to the extent permitted by law.
Access and Interface
By accessing the Site for information about our products, to purchase our
products or for any other reason, you agree that you will not use any robot,
spider, other automatic device or otherwise to monitor or copy the Site web
pages or the content contained therein without our express written consent. You
further agree that you will not use any device, software or other method to
interfere with the proper working of the Site. We reserve the right to
terminate your access to the Site at any time, with or without your consent.
Proprietary Rights
You acknowledge and agree that our Site and any necessary software used in
conjunction with it contain proprietary and confidential information that is
protected by intellectual property and other laws. You further acknowledge and
agree that content contained on our Site is protected by copyrights,
trademarks, service marks, patents and other proprietary rights and laws.
Except as expressly authorized by us, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on our Site or
software, in whole or in part.
We grant you a personal, nontransferable and nonexclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to access our Site by any means other than through the interface that is provided by us for use in accessing the Site. You may not frame or utilize framing techniques to enclose any trademark, logo or other information (including images, text, page layout, or form) of us or our affiliates without our express written consent. You may not use any meta tags or any other hidden text utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or limited license granted to you by us and subjects you to potential legal action.
Copyright
All content included on the Site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is our
property, our suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all content on the Site
is our exclusive property and is protected by United States and international
copyright laws. All software used on the Site is our property or our software
suppliers and is protected by United States and international copyright laws.
Trademarks
Marks indicated on our Site are registered trademarks or service marks of us or
our affiliates and/or subsidiaries, in the United States and other countries.
Our graphics, logos, page headers, button icons, scripts and service names are
trademarks, service marks or trade dress of us or our affiliates and
subsidiaries. Our trademarks, service marks and trade dress may not be used in
connection with any product or service that is not ours, in any manner that is
likely to cause confusion among customers, or in any manner that disparages or
discredits us. All other trademarks that we do not owned by us, our affiliates
or its subsidiaries that appear on the Site are the property of their
respective owners, who may or may not be affiliated with, connected to, or
sponsored by us, our affiliates or our subsidiaries.
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 us or have with our representative, and we shall have no obligation to
compensate you in any way for the Ideas provided by you that are used by us 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 us. In posting,
displaying or otherwise communicating any such Ideas on our Site, you hereby
grant to us a non-exclusive license to display, use, reproduce or modify the
Ideas.
No Resale of Our Products or Services
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit
for any commercial purpose any of our products or services.
Indemnification
Upon request of us, you agree to defend, indemnify and hold harmless us and our
affiliates, and their employees, contractors, agents, representatives, officers
and directors from all liabilities, claims and expenses, including without
limitation reasonable attorney's fees, from your use or misuse of the Site. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification, in which event you
will cooperate with us in asserting any available defense.
Binding Arbitration
Any claim, dispute, or controversy against us, our agents, employees, successors,
assigns or affiliates arising from or relating to your use of the Site and/or
purchase of products from us, our advertising or these Terms, their
interpretation, or the breach, termination or invalidity thereof, shall be
resolved exclusively and finally by binding arbitration under the Rules of the
American Arbitration Association. The arbitration will be limited solely to the
dispute between you and us. Any award of the arbitrator(s) shall be final and
binding on each of the parties, and may be entered as a judgment in any court
of competent jurisdiction. Reasonable attorney's fees and legal costs may be
awarded by the arbitrator(s) to the prevailing party.
Governing Law and Forum
These Terms are governed by Nevada law. Any action to enforce or interpret
them, and any arbitration to resolve a dispute under them, shall be initiated
and maintained exclusively in Clark County , State of Nevada . The parties
irrevocably submit to the jurisdiction of the courts in Clark County and waive all objections they otherwise may have to jurisdiction or venue.
Severability and Integration
Unless otherwise specified herein, these Terms and the Privacy Policy
constitute the sole and exclusive agreement between you and us and our
affiliates with respect to the Site and supersedes all prior and
contemporaneous communications and proposals (whether or not electronic)
between you and us with respect to us. If any portion of the Terms or Privacy
Policy is held invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in
full force and effect.
Parties in Interest
Nothing in these Terms is intended to confer any rights or remedies under or by
reason of these Terms on any persons other than the parties to these Terms.
Notice
Notices to you may be made via either email or regular mail. We may also make
changes to these Terms or other matters by displaying notices at the Site.
