Terms of Service

OVERVIEW

This website is owned and operated by Top Shelf Golf, LLC. Throughout the website, the terms "we," "us," and "our" refer to Top Shelf Golf, LLC. Top Shelf Golf, LLC offers this website, including all information, tools, products, and services available from this website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated or incorporated by reference or hyperlink here (the "Terms of Service" or "Terms").

THESE TERMS OF SERVICE ARE AN ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY ARBITRATION REQUIREMENT. AS EXPLAINED IN GREATER DETAIL BELOW IN SECTION 17, WE EACH AGREE TO RESOLVE ANY AND ALL CLAIMS AND DISPUTES EITHER THROUGH INDIVIDUAL ARBITRATION OR BY ASSERTING INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT.

By using or visiting our website, clicking to accept or agree to the Terms of Service when this option is made available to you, and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service or, "Terms," without change, as are published at such time, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to us and to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content, regardless of whether they are a guest or a registered user.

PLEASE READ THESE TERMS OF SERVICE, AS WELL AS OUR PRIVACY POLICY, CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. If you do not agree to all the Terms of Service, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to our website at any time shall also be subject to these Terms of Service.

Our website store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

COPYRIGHT: The entire content included on our website, including but not limited to text, graphics, and code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Top Shelf Golf, LLC. The collective work includes works that are licensed to Top Shelf Golf, LLC. Copyright 2021, Top Shelf Golf, LLC, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the website for the sole purpose of placing an order with us or purchasing our products. No mechanized or other systematic process for harvesting information from the website for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the website.

TRADEMARKS: All trademarks, service marks, and trade names of Top Shelf Golf, LLC used on the website are trademarks or registered trademarks of Top Shelf Golf, LLC.

We recommend you print out a copy of these Terms for your records, and can download them here. Upon request by you or us, we each agree to sign and provide to each other a signed copy of these Terms.

SECTION 1 - WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website. Our website is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13.

Use of our Service or products for any illegal or unauthorized purpose or to violate any laws (including but not limited to copyright or trademark laws), is strictly prohibited.

Use of our Service to transmit any worms or viruses or any code of a destructive nature is also strictly prohibited.

Any breach or violation of any of the Terms will result in immediate termination of your right to use our Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to deny use of the Service by anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred in an unencrypted form and may (a) involve transmissions over various networks; and (b) require changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, any use of the Service, or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES; PRICING ERRORS

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We strive to display accurate price information. However, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time (even if during a sale or promotion period) and to refuse or cancel any orders arising from such occurrences. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price.

SECTION 5 – AVAILABILITY OF PRODUCTS AND SERVICES

Certain products and services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Service to particular geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our website store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control nor input and which have separate privacy and data collection practices independent of us.

These linked tools are only for your convenience. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also in the future offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We do not monitor or control or have input into such sites, and such sites have separate privacy and data collection practices independent of us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us and you hereby grant us the permanent world-wide, royalty free, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such comments and content for any purpose. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove comments or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other characteristic protected by law; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION/WAIVER OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable or that any errors in the Service will be corrected.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. To the fullest extent permitted and subject to state laws that may limit our ability to do so in consumer transactions, we do not warrant that the quality of any products, services, information, or material purchased or obtained by you from the website will meet your expectations. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Top Shelf Golf, LLC or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any product or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

TOP SHELF GOLF, LLC DOES NOT MANUFACTURE THE PRODUCTS AND SERVICES SOLD ON OUR WEBSITE, THEREFORE, TO THE FULLEST EXTENT PERMITTED AND SUBJECT TO STATE LAWS THAT MAY LIMIT SUCH DISCLAIMERS IN CONSUMER TRANSACTIONS, TOP SHELF GOLF, LLC ASSUMES NO LIABILITY WITH REGARD TO THE PRODUCTS AND SERVICES, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOP SHELF GOLF, LLC HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT USE OR MISUSE, PRODUCT DEFECTS OR FAILURES, PRODUCT ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, CLAIMS THAT ARE DUE TO NORMAL WEAR, AND NON-COMPLIANCE WITH ANY LAWS OR REGULATIONS.

In the State of New Jersey, the warranty and liability disclaimers of this section may not apply or may be limited in the case of consumer purchases of goods and services. There may be similar restrictions in other states. In such instances, the liability and warranty disclaimers shall be enforced to the fullest extent possible consistent with applicable state law.

SECTION 14 - INDEMNIFICATION

To the fullest extent permitted and subject to state laws that may limit such indemnification in consumer transactions, you agree to indemnify, defend, and hold harmless Top Shelf Golf, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against all claims, losses, liabilities, demands, damages, and expenses and costs (including reasonable attorneys’ fees), made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of any third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – WAIVER; ENTIRE AGREEMENT; ASSIGNMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us governing your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

We may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

SECTION 17 - LEGAL DISPUTES – THE REQUIREMENT TO ARBITRATE

YOU AND WE AGREE THAT ALL DISPUTES BETWEEN US THAT WE CANNOT RESOLVE INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.

YOU AND WE FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY, TO THE LITIGATION OF DISPUTES IN STATE OR FEDERAL COURTS OF GENERAL JURISDICTION, AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHERWISE TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.

This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for us, on our behalf of, or under our direction, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This agreement is binding on you and us, as well as our respective heirs, successors, and assigns.

You and we agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act ("FAA") and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. This agreement, however, does not prevent you from bringing any issues to the attention of federal, state, or local agencies.

Arbitration Scope, Rules, and Requirements.

There is no judge or jury in arbitration, and discovery and court review of an arbitration award are limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

The arbitration or small claims court action shall occur in the United States in the county or parish in which you reside or at such other location in the United States which may be agreed upon by you and us. You may also choose to have any arbitration, whether commenced by you or us, conducted by telephone or based on written submissions only.

The arbitrator has the authority to and shall resolve all claims and issues arising between us, including, but not limited to, international, federal, state, and local statutory, regulatory, constitutional, and common law claims.

This arbitration requirement covers, but is not limited to, any and all claims arising from or related in any way to your use of the Sites, your registration with the Sites, your requests to receive advertising or promotions, your purchase of or attempt to purchase products from us, and your communications with us.

The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.

Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to: Top Shelf Golf LLC at 15 Cottage Rd, #2287, South Portland ME 04116, United States. The AAA’s address is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the "AAA Notice Address"). You may also send a copy to the AAA online at adr.org.

If you are a consumer and you initiate an arbitration, we will reimburse you for any standard filing fee which may be required under the AAA Rules for claims under $10,000. For consumer claims over $10,000, payment of such fees will be by a separate agreement between you and us. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom. Each party shall be responsible for their own attorneys’ fees except as provided by applicable law or the AAA Rules.

We are committed to providing for consumer dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE WEBSITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF TOP SHELF GOLF, LLC PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR BE BARRED FOREVER.

To the extent that any other provision of the Terms is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service, our Privacy Policy, and/or our website at any time by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service and/or your completion of a purchase transaction on the website following the posting of any changes to these Terms of Service constitutes acceptance of those changes as last revised prior to such use. Under no circumstances, however, will changes to these Terms of Service be applied retroactively.

Effective Date: 03/11/2021

SECTION 19 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@topshelfgolf.com.

SECTION 20 – RIGHT TO CONSULT AN ATTORNEY

You understand that you have the absolute right to consult an attorney concerning an aspect of the Terms and the Privacy Policy before accepting them, and that, by acknowledging your acceptance of these Terms as provided for by the Sites, you represent that you understand their requirements and agree to be bound by them.