Terms and Conditions – Swag Golf Co
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Terms and Conditions

Last updated: August 28, 2024

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 Kuldisak, 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

  • Privacy

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

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • Contact Us

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

Effective December 6, 2021

Please read these Terms and Conditions before using our website, www.swag.golf (“Site”). By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you are not authorized to access or use this Site. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms and Conditions (“Terms”).

We reserve the right to modify the Terms at any time at our discretion. When we do, we will revise the updated date at the top of this page. An updated version of this Agreement will be effective immediately upon the posting of the revised Terms unless otherwise specified. Your continued use of the Site after the effective date of the revised Terms (or such other act specified at that time) will constitute your consent to those changes.

TRADEMARKS, COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. The Terms do not transfer to you any intellectual property owned by Swag Golf or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Swag Golf. All trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of Swag Golf or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Swag Golf or third-party trademarks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (5) you will not access the Site through automated or non-human means, including but not limit to, using a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED USES

You may not use the site for any purpose that is unlawful or prohibited by these Terms. You may not disrupt, disable, overburden or impair any functions of the Site; attempt to gain unauthorized access to any portion of the Site; use data mining, robots, scraping or similar automated or manual methods. You may not disparage any employees of Swag Golf or any parties related thereto.

PRODUCT AVAILABILITY

We may, at our own discretion and without giving reason, limit quantities purchased per person, per household or per order. We reserve the right to refuse service to any customer. We may also require verification of information prior to the acceptance and/or shipment of any order. 

The receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. All orders are subject to acceptance. We will confirm such acceptance by sending an email confirming the shipment of your order.

In the rare case that an order is accepted for an item that is out of stock, we will make every effort to ship the product to you as soon as possible or offer a full refund if the product is not available.

If you have questions regarding your order, please contact us by email at store@swaggolf.com.

PAYMENTS & CONFIRMATION

We gladly accept: American Express, Visa, MasterCard, Discover, Paypal, and Apple Pay. The Swag Golf™ shopping cart includes an 128-bit SSL certificate that is operated by Shopify and is guaranteed to keep your information secure. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards per our shopping cart provider Shopify.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is conducted by brands like American Express, Visa, MasterCard, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.

Swag Golf™ will not be held responsible for items shipped to addresses incorrectly entered by the customer. Please verify that your address and contact information is correct when you place your order.

WARRANTY POLICY

Please inspect your order upon delivery. Swag Golf™ warrants clubs and headcovers for quality of workmanship for a period of 30 days. All other products deemed to be defective in any nature must be reported via email within 48 hours of package arrival. All warranty claims must receive a Return Authorization Number (RA#) prior to returning the product. Any returned product received by Swag Golf without an approved RA# may not be processed.

In order to obtain an RA#, submit a request through our online contact form, or email directly to store@swaggolf.com. Please include the reason for your request. If approved, we will provide the RA#, and any additional information needed to complete the process.

Defective products will be repaired or replaced with the same or equivalent products when available. If unavailable a merchandise credit or refund will be issued. Refunds may take up to 2 weeks to appear on your credit card or PayPal account. Swag Golf™ reserves the right to deny any warranty claim for any reason.

Warranty will be denied for the following:

  • Products that are damaged, abused, or altered by purchaser
  • Products without original proof of purchase
  • Products missing accessories
  • Products that are damaged during the return shipment
  • Warranty period expired
  • Products received without RA#

For questions about product care, or the Warranty Policy please email, store@swaggolf.com

RETURN AND REFUND POLICY

Limited-release headcovers, clubs, handcrafted, markdowns, and customized items are final sale and cannot be returned or exchanged. Core collection headcovers, putters, wedges, and apparel can be returned within 30 days of receipt for a refund if they are new and unused with original packaging. Other items may be returned for store credit within 14 days at Swag Golf's discretion. Customers are responsible for return shipping costs. Click here to start a return.

Damaged or faulty items must be reported within 3 days of receipt. Swag Golf will provide a prepaid shipping label for returns within 5 business days. Items will be repaired or replaced; if replacement is unavailable, a full refund will be issued. 

Please allow 1-2 billing cycles for refunds to appear on your statement.


ORDER CANCELLATIONS

Swag Golf™ reserves the right to cancel any order at any time. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

SHIPPING POLICY

For international orders, shipping costs do not include duties, taxes or other import fees assessed by governments outside the United States. Additional import duties, taxes or fees assessed once your shipment(s) reaches the destination country may vary and are your responsibility as they are not within the control of Swag Golf™. When you order goods to be shipped to a foreign country, the recipient is the importer of record and must comply with all local laws and regulations in connection with the shipment. Please note that the value of your order(s) must be listed on the outside of your package for customs purposes. Customs may elect to open your package(s) and inspect all goods. Please contact your local customs authorities with any questions regarding fees and inspections.

A tracking number will be sent to you once your order is picked up by the carrier. If your order has arrived damaged, please contact us within 2 days of receipt to file a claim and get a replacement. 

If you have any questions, please feel free to contact our Customer Service representatives at store@swaggolf.com.

MOBILE MARKETING

By signing up for the Swag Golf (collectively, “Swag”, “us”, “we”, “our”) Text Message Program (the “Program”), you agree to these terms and conditions (“Program Terms”) and our general Terms of Use (which include mandatory arbitration of disputes, waiver of class action rights, limitations on your rights and remedies, and limitations on our liability). You further consent to our privacy practices as described in our Privacy Notice.

You authorize Swag Golf to send, to the mobile phone number you used to opt in via short code or that you otherwise provided to us, promotional and other text messages, including messages sent using an autodialer. Your consent to receive auto-dialed text messages shall not be interpreted to suggest or imply that any or all Program messages are sent using an autodialer/automatic telephone dialing system.

You shall not use this service for any purpose that is unlawful or prohibited by these terms, or any other purpose not reasonably intended by the service. You shall not use this service to send content that is abusive, threatening, obscene, defamatory, libelous or otherwise objectionable. You shall also be responsible for ensuring that all your SMS messages are in compliance with applicable laws and regulations. We reserve the right to modify or discontinue some or all of the SMS messaging services at any time, with or without prior notice. We also reserve the right to deny access to certain users for any reason whatsoever, including but not limited to violations of these terms and conditions.

You understand that message and data rates may apply and your carrier may charge you or deduct usage credit from your account when you text us or we text you. Swag Golf will not be liable for any delays or failures in your receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your carrier.

No purchase is necessary to participate in the Program, and you are not required to accept these Program Terms as a condition of purchasing any property, goods, or services. If you do agree to the Program Terms, you consent to receiving recurring promotional Program texts each month, plus additional non-promotional texts. Swag Golf reserves the right to alter Program message frequency.

If at any time, you intend to stop using the mobile telephone number that you provided to sign up for the Program, including by canceling your service plan or selling or transferring the phone number to another party, you agree that you will opt out of the Program prior to ending your use of the mobile telephone number.

You can unsubscribe from the Program by texting “STOP” to the Program short code or as a reply to a Program message you receive. You hereby consent to receive a text message confirming that you have unsubscribed, as well as other non-promotional text messages. To the extent you subscribe to more than one Swag Golf text message program, you must unsubscribe from each program separately.

By using this service, you warrant that you are at least 18 years of age and have read and understood these terms of service. If you do not agree to any part of the terms set forth herein, please refrain from using the SMS messaging services.  Your continued use of these services shall be considered your acceptance of these terms.   

If you have any questions or comments regarding these terms, please contact us. Thank you for your cooperation.


TERM AND TERMINATION

 

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

GOVERNING LAW

These Terms are governed by the laws of the United States of America and the laws of the State of Illinois.

MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be 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. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

ACCEPTANCE OF TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

CONTACTING US

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