Swag Golf App Terms and Conditions

Last updated: September 12, 2023

These Terms of Service ("Terms") apply to your access to and use of our website, mobile applications and other online products and services (collectively, the "Services") provided by Kuldisac LLC. ("Swag", "we" or "us"). PLEASE READ THESE TERMS CAREFULLY INCLUDING THE MANDATORY ARBITRATION PROVISIONS IN SECTIONS 19 AND 20, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 19 OR 20.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict as it relates to the applicable Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

From time to time Swag introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to new features may not apply to all users.

To contact Swag regarding the Services or your account, please visit the Contact Us Page where we will ask for certain information that will allow us to effectively respond to your message. Alternately, you can submit general inquiries regarding these Terms or our Services to store@swag.golf

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2. Eligibility

You must be at least 18 years of age (or the age of legal majority where you live) to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.

If you are registering to use the Swag Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.

If you use our Services on behalf of another person or entity: (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the Swag Service and (b) be violating any other agreement to which you are a party by agreeing to these Terms.

3. User Accounts and Account Security

You may need to register for a Swag account with Swag or a payment account with a Payment Provider (see Section 4 for more information) to access some or all of our Services. If you register for an account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reclaim Swag account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.

As part of your account registration, you have the option, but not the obligation, to undergo a certain due diligence review through a third party service provider, which will include collecting and verifying identification and ownership information and documents provided by you (“KYC Verification”). Further details about the data and information which may be collected as part of this KYC Verification are available in our Privacy Policy. You acknowledge and agree that we may use the information and documents collected as part of the KYC Verification to work with third parties as necessary to verify your identity. You agree that we may disclose the information and documents collected as part of the KYC Verification for this purpose. We may contact you to obtain additional information or documentation relating to KYC Verification and we will not be able to complete your verification until the information requested is provided in a timely manner and to our satisfaction.

4. User Marketplace

As part of the Services, subscribed users have the ability to list and sell their Swag products in a live marketplace (“User Marketplace”), which such listings will be made available to other users of the Services. Once an item is listed by a seller, other users will have the ability to message the seller to initiate a purchase. Once a buyer and seller have matched, these users will be able to discuss the specific details of the sale in a private chat. 

While Swag helps facilitate transactions carried out through the User Marketplace, Swag is neither the buyer nor the seller. All transactions are solely between the buyer and the seller. Swag cannot assist with and will not be responsible for any refunds, returns or related matters. Swag does not provide any representations or assurances regarding any items sold through the User Marketplace and Swag hereby disclaims any and all liability relating to any transactions completed through the User Marketplace, including non-payment, underpayment or non-receipt of items. While Swag reserves the right to investigate complaints relating to the User Marketplace, Swag does not monitor the User Marketplace for counterfeit items or other issues relating to user transactions, and users should at all times use caution when conducting transactions.

Payment for items sold through the User Marketplace must be made through one of our recommended third-party payment providers (“Payment Providers”). Although these Payment Providers are made available, Swag does not endorse, monitor or have any control over these Payment Providers or their activities. Users create a separate account with these third-party Payment Providers and should review the applicable terms and use and privacy policies for these Payment Providers, which are separate from these Terms. Swag hereby disclaims all liability relating to user’s use or interactions with Payment Providers.

5. Drops

As part of the Services, you may have the ability to participate in product drops, which will consist of a live drawing for certain Swag merchandise (“Drops”). To participate in Drops, you will first need to create an account with Swag and will need to download the Swag app and log into your account. While an account is required to participate in Drops, a paid subscription is not necessary. 

Products featured in Drops are of a limited supply and Swag provides no guarantee that participants will be selected to purchase any products as part of a Drop. A participant’s likelihood of being selected as part of a Drop may be increased due to certain factors, including by registering through KYC. Participants must enter the Drop prior to the posted start time in order to take part in the Drop. Upon entering a Drop, each participant must provide a valid credit card number that will be pre-authorized for the amount specified, but will only be charged by Swag in the event a participant is selected for purchase of a product as part of the Drop. The price for products included in a Drop will be displayed during the Drop. By entering a Drop, each participant agrees that Swag may automatically charge the credit card such participant provided during registration for the full retail value of the product selected, plus applicable shipping, handling, duties, and taxes. 

The offer to enter Drops is void where prohibited by applicable law. Swag reserves the right to prevent any person from participating, as well as to seek damages from that person, if they violate these Terms, attempt to cheat, or engage in fraudulent behavior. In the event any person violates any of these Terms, then Swag reserves the right to select an alternate participant. Selected participants’ rights may not be sold or transferred. Failure by Swag to enforce these Terms shall not constitute a waiver by Swag. 

6. User Content

Our Services allow you and other users to create, post, store and share content, including but not limited to messages, text, photos, graphics, videos, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Swag.

You grant Swag a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the Swag Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. Swag uses third parties to provide services such as KYC Verification and Payment Processors. When you provide User Content in connection with these third-party tools, you may be sharing User Content with these third parties.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Swag Services any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Is, in Swag's judgment, disrespectful, inappropriate, or may expose Swag, our users or others to harm or liability;
• May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• Includes any statements or claims that do not reflect your honest views and experiences;
• Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
• Contains any private information of any third parties, including addresses, phone numbers and payment card information; or
• Contain viruses, corrupted data or other harmful, disruptive, or destructive files.

Swag assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Swag has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

7. Prohibited Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the forgoing, you will not:

• Use our Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Sell, resell or commercially use the Swag Services except as expressly permitted by us;
• Sell or offer for anything that is counterfeit, illegal or otherwise violates any prohibited items guidelines that we may provided from time to time;
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Provide false, inaccurate or misleading information to Swag or our service providers;
• Impersonate or post on behalf of any person or entity or otherwise misrepresenting your affiliation with a person or entity;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors;
• Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Develop or use any third-party applications that interact with the Swag Services without Swag's prior written consent;
• Use any type of automated means to utilize the Swag Services or to collect or extract data from Swag, such as a harvesting bot, robot, spider, script, crawler, or scraper, not provided by Swag; or
• Use the Swag Services to infringe or violate the intellectual property rights or any other rights of anyone else (including Swag).

You will establish and use your Swag account only in accordance with any guidelines issued by Swag. Without limiting the forgoing, you will not:

• Create more than one account;
• Transfer your account to another user;
• Attempt to obtain the password, account information, or other security information of another user; or
• Attempt to use another user's account without authorization from that user and Swag.

If you engage in any of the conduct described above or similar conduct, Swag may suspend or terminate your right to access the Services. Enforcement of this Section 7 is solely at Swag's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

8. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Swag or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non transferable, non-sublicensable, revocable license to access and use our Services. Except as provided in these Terms, any use or reproduction of the Services or intellectual property therein is strictly prohibited. In the event of any breach of these Terms, your right to use and licenses granted in these Terms will cease immediately without notice from us.

9. Suspension; Termination

Swag may revoke or terminate your access or use the Swag Services for any reason without notice at Swag's sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate your access or use of the Services if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Swag Services, or any other Swag product or service, or (iii) use the Swag Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Swag Services immediately if Swag suspends or terminates your access or use the Swag Services. Swag reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Swag Services during suspension or after termination. Swag may recover its reasonable attorneys' fees and court costs from you for such action. These Terms will remain enforceable against you while your access or use the Swag Services is suspended and after it is terminated.

10. Intellectual Property

The Services and any original content, features and functionality thereon are and will remain the exclusive property Swag and our licensors. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The Services are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You hereby grant to us a royalty-free, fully paid-up, perpetual, irrevocable, worldwide, sublicensable, transferable, non-exclusive license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, whether now existing or hereafter created, any content that is available to us or other users as a result of your use of the Services, and you hereby represent and warrant that (i) you have the full right and authority to grant such license, and (ii) such content and our use of the same does not and will not infringe, misappropriate or otherwise violate the intellectual property or other proprietary rights of any third party. 

11. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Swag or our Services (collectively, "Feedback"). You hereby grant Swag a worldwide, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Swag Services by using the Feedback in Swag's sole discretion. You understand that Swag may treat Feedback as non confidential.

12. Copyright & Intellectual Property Complaints

You may report alleged intellectual property rights violations or counterfeit items to Swag through our app by using the “Report Listing” button.

Furthermore, in accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Swag's designated agent as follows:

Designated Agent: Swag Copyright Agent

Address: 3342 Commercial Ave. Northbrook, IL 60062

E-Mail Address: info@swag.golf

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Swag for certain costs and damages.

13. Third Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Swag does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

14. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Swag and our subsidiaries and affiliates and our officers, directors, agents, partners and employees (individually and collectively, the "Swag Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the Swag Parties of any third-party Claims, cooperate with the Swag Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Swag Parties will have control of the defense or settlement, at Swag's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Swag or the other Swag Parties.

15. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Swag does not represent or warrant that our Services are accurate, complete, reliable, current or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWAG (NOR SWAG’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitations set forth in this Section 16 will not limit or exclude liability for any matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

17. User Interactions

To the extent permitted by applicable law, Swag is not responsible for your interactions with other users of the Services (including the User Marketplace), or any damage or harm you may experience because of these interactions. As part of your use of the Services, you should at all times be responsible and take precautions when interacting with other users. Before you meet another user in person, consider investigating, bringing a friend, choosing a public location and/or letting someone know where you will be. Swag has no obligation to investigate or verify any user’s reputation, conduct, morality, criminal background or any other information users may submit to the Services. You are solely responsible, and Swag shall have no liability, for any interactions you have with other users and the risks associated therewith.

18. Release

To the fullest extent permitted by applicable law, you release Swag and the other Swag Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

19. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Swag and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Swag agree that any dispute arising out of or related to these Terms or our Services is personal to you and Swag, and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. The limitations imposed by this section apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against Swag related to taxes collected and remitted in good faith efforts at compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this section will be construed to prohibit a buyer from filing a refund claim with the seller or applicable state and local tax authority as permitted by law.

Arbitration of Disputes. Except for small claims disputes in which you or Swag seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Swag seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Swag waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Swag or relating in any way to the Services, you agree to first contact Swag and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Swag by email at info@swag.golf or by certified mail addressed to Swag Golf, 3342 Commercial Ave. Northbrook, IL 60062.

The Notice must (a) include your name, your residence address, your email address, your telephone number, and, if you have registered for an Swag account, the email address your account is registered under if it is different from your current email address; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Swag cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Cook County, Illinois unless you are a consumer, in which case you may elect to hold the arbitration at the JAMS office closest to your residence. For purposes of this Section 19, a "consumer" means a person using the Services for personal, family or household purposes. Additionally, arbitrations may be conducted telephonically or via video conference for disputes alleging damages less than $10,000. You and Swag agree that arbitrations will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Swag agree that these Terms affect interstate commerce and that the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, Swag, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Swag agree that for any arbitration you initiate, you will pay the filing fee and Swag will pay the remaining JAMS fees and costs. For any arbitration initiated by Swag, Swag will pay all JAMS fees and costs. You and Swag agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Swag will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 19 by emailing Swag at store@swag.golf.

In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 20.

If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 19 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 19 will be enforceable. If you are a consumer, the provisions of this Section 19 will be modified to the extent necessary to conform to the JAMS Consumer Arbitration Minimum Standards.

20. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Illinois, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois.

21. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

22. Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

The failure of Swag to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Swag is an independent contractor for all purposes and is not your agent or trustee. You are not an agent of Swag.

23. Contact Us

If you have any questions, concerns, or complaints regarding these Terms, we encourage you to contact us at store@swag.golf.