Privacy Statement for Submarinegolf.com
Submarinegolf.com recognizes the importance of your privacy and protecting your personal information while you are visiting our web site. It is our goal to provide our customers with the opportunity to access and use our products and services in a secure environment. When you supply us with personal information, we make a commitment to you that the information will be used for internal use only and no information will be sold, rented or loaned to any third party. This includes contact information like your name and e-mail address, financial information like your credit card number and demographic information such as your address.
We Maintain Your Privacy in Business Relationships With Third Parties
We do not sell Personal Information to third parties. However, sometimes it is necessary to provide your personal identifiable information to third parties such as vendors or service companies that we hire to assist us in the preparation and handling of your account.
THIS IS AN AGREEMENT BETWEEN YOU AND Submarinegolf.com®
This is an agreement (“Agreement”) between you and Submarinegolf.com® . This Agreement governs your use of any Website or Webpage operated by Submarinegolf.com® (collectively the “Website”). You represent that you are at least 18 years of age, that you have attained the age of majority in the province, state or country in which you reside, and that any information that you submit to Submarinegolf.com® and/or the Website is correct.
Submarinegolf.com® OFFERS THE USE OF THE WEBSITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT REQUIRES RESOLUTION OF DISPUTES WITH SUBMARINEGOLF.COM® ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY USING THE WEBSITE, YOU ARE AGREEING TO WAIVE THE RIGHT TO SEEK RELIEF IN A COURT OF LAW OR AN ADMINISTRATIVE PROCEEDING. DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. YOU ARE DIRECTED TO SECTION 7 FOR FURTHER INFORMATION.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY, AND A LIMITATION ON TIME TO BRING A CLAIM (SEE SECTIONS 3, 4, AND 10 BELOW.)
THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
Submarinegolf.com® is a registered trademark of Submarinegolf.com.
USE OF THIS SITE
The Website may contain proprietary notices and copyright information, the terms of which must be observed and followed. Information on the Website may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Submarinegolf.com® and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Submarinegolf.com® believes that customer conduct violates applicable law or is harmful to the interests of Submarinegolf.com® .
CONDITIONS OF USE
By using the Website, you signify your agreement to the following conditions of use without limitation or qualification, except as limited by applicable law. Please read these conditions carefully before using the Website. Submarinegolf.com® may at any time revise these terms and conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions to which you are bound.
DISCLAIMER OF WARRANTIES
To the extent permitted by applicable law:
- (a) The materials on the Website are provided "as is" and without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- (b) Submarinegolf.com does not warrant that the functions contained in the materials on the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components.
- (c) Submarinegolf.com does not warrant or make any representations regarding the use or the results of the use of the materials on the Website in terms of their correctness, accuracy, reliability, or otherwise.
- (d) You (and not Submarinegolf.com) assume the entire cost of all necessary servicing, repair, or correction.
- (e) Links to other sites may be available for access through the Website. Such external Internet addresses contain information created, published, maintained or otherwise posted by organizations independent of Submarinegolf.com. Submarinegolf.com does not endorse, approve or certify any information, product or service referenced or provided at such addresses.
LIMITATION OF LIABILITY
While Submarinegolf.com uses reasonable efforts to include accurate and up-to-date information on the Website, errors or omissions may occur. To the extent permitted by applicable law:
- (a) Submarinegolf.com makes no warranties or representations as to the accuracy of the Website;
- (b) Under no circumstances including, but not limited to, negligence by act or omission, shall Submarinegolf.com. or any party involved in creating, producing, or delivering the Website be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on the Website, even if Submarinegolf.com or a Submarinegolf.com authorized representative has been advised of the possibility of such damages.
IN NO EVENT SHALL SUBMARINEGOLF.COM TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS CONTAINED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
Submarinegolf.com assumes no responsibility and shall not be liable for any damages due to viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
RESTRICTIONS ON USE OF MATERIALS
The Website is owned by Submarinegolf.com. Except as otherwise permitted by Submarinegolf.com, no materials from the Website or any website owned, operated, licensed or controlled by Submarinegolf.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video, without Submarinegolf.com's written permission. Submarinegolf.com neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Submarinegolf.com.
The Website is controlled and operated by Submarinegolf.com from its offices within the State of Rhode Island, United States of America. Submarinegolf.com makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.
ARBITRATION, CLASS ACTION WAIVER, AND CHOICE OF LAW
You agree to arbitrate all disputes and claims between us. BY AGREEING TO ARBITRATE ALL DISPUTES AND CLAIMS, YOU ARE AGREEING TO WAIVE THE RIGHT TO SEEK RELIEF IN A COURT OF LAW OR IN AN ADMINISTRATIVE PROCEEDING. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
References to "Submarinegolf.com" "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individualized action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SUBMARINEGOLF.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Submarinegolf.com should be addressed to: PO Box 8265, Cranston, RI 02920, United States of America. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Submarinegolf.com and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Submarinegolf.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Submarinegolf.com or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Submarinegolf.com is entitled.
The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. The AAA Rules are available online at adr.org or by calling the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Submarinegolf.com for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
YOU AGREE TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSIDER OR RESOLVE ANY CLAIM OR ISSUE ANY RELIEF ON ANY BASIS OTHER THAN AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSIDER OR RESOLVE ANY CLAIM OR ISSUE ANY RELIEF ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. Further, unless both you and Submarinegolf.com agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from arbitration and may be brought in court.
Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Rhode Island, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Providence County, Rhode Island, USA in all non-arbitrated disputes arising out of or relating to the use of Submarinegolf.com.
INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Submarinegolf.com may assign this Agreement, in whole or in part, at any time with or without notice to you. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Submarinegolf.com, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Submarinegolf.com with respect to the Submarinegolf.com Website. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
NEWSLETTER SIGN-UP AND GUARANTEES
Submarinegolf.com® guarantees the privacy of all our newsletter subscribers and will never share or rent any of our subscribers’ information to a 3rd party. Submarinegolf.com's® newsletters include promotional material for our customers including but not limited to updates on our latest golf head covers, price changes and coupons for use at www.Submarinegolf.com. Easy and instant opt out links are included within all of our email sends and all subscribers may also email unsubscribe@Submarinegolf.com in order to opt out of our newsletter list.
YOU MAY HAVE LIMITED TIME TO BRING YOUR CLAIM
Except as prohibited by applicable law, you and Submarinegolf.com agree that any cause of action arising out of or related to the Submarinegolf.com Website must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
TRADEMARKS/SERVICE MARKS AND COPYRIGHTS
Images displayed on the Website are either the property of, or used with permission by, Submarinegolf.com's® . The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Nothing contained on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark or service mark displayed on the Website without the written permission of Submarinegolf.com or such third party that may own the trademarks or service marks displayed on the Website. Your use of the trademarks or service marks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.
Inquiries concerning use of Submarinegolf.com trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to the following areas: Submarinegolf.com, Corporate Legal Department, 365 Garden City Drive, Cranston, Rhode Island, 02920, United States of America.
Any communications or material you transmit to the Website by electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Submarinegolf.com. Such communications or material shall be used for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Submarinegolf.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing and marketing products using such information.
TRADEMARKS/SERVICE MARK NOTICES
Submarinegolf.com® is a registered trademark of Submarinegolf.com. All information and content including any software programs available on or through the Website ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes. We are very protective of our trademarks and service marks. All use of these marks must be with our permission. We will file appropriate legal actions to enjoin the unauthorized use of these marks. Under the law, we would be entitled to collect your profits, our actual damages and, perhaps, our attorney fees. We thank you for your cooperation.
SALES & USE TAX NOTIFICATION
Purchases outside of New York and Virginia may be subject to Sales & Use Tax remittance by the purchaser unless the purchase is exempt from taxation. The purchase is not exempt merely because it is made over the internet, by catalog, or by other remote means. Some States require purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt by their State law. The tax may be reported and paid on individual income tax returns or by filing a consumer use tax return with their State. States under this policy known to us include Kentucky and Oklahoma, but others may also qualify. Please contact your State agency to determine applicable requirements.