TERMS OF SERVICE

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Terms of Use and Service

Introduction

These Terms of Use and Service (as amended from time to time, “Terms” or “Agreement”) govern your access to and use of all Worldwide Golf Cool Clubs LLC’s (“Worldwide Golf”, “Cool Clubs”, “Company”, “we”, “us”, or “our”) websites (each a “Website”, and collectively, “Websites”), online or mobile services or applications, stores, events, outings or trips, trade-in programs, sweepstakes or lotteries, or any other interaction with us in any way (collectively with the Websites, “Services”).

This Agreement is a legally binding contract between you and Worldwide Golf regarding your use of the Services. By accessing the Services, you indicate your acknowledgment and acceptance of the terms of this Agreement and the Privacy Policy, which is hereby incorporated by reference, including any changes or modifications to these agreements and/or policies that may be made by the Company from time to time. The Services are not intended for residents of or visitors from or located in countries that are subject to the General Data Protection Regulation (“GDPR”). Our Services are also not targeted toward children under the age of sixteen (16).

By accessing or using the Services, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence) and are not a resident of or located in the European Economic Area or any other country subject to the GDPR. If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Services only with the involvement of a parent or guardian.

You may not use the Services if you do not accept this Agreement. You accept the Agreement by using the Services or by otherwise clicking to accept or agree to the Agreement, where this option is made available to you by the Company in the user interface for any Service. Your continued use of the Services means you are consenting to any amendments to the Agreement, as described below. If you do not want to accept the Agreement, do not access, view or use any Services.

About Us

Cool Clubs is one of the world’s premier custom club fitting and club building companies, with owned and/or authorized locations in the United States, Australia, and across Asia. By combining data compiled through our patented S3 shaft-testing technology and independent club-testing with our experienced fitters and broad selection of club components, our goal is to help our customers Play Better Golf by providing clubs precisely tuned to their unique swing dynamics.

Customer Policies

Custom Club Production: Worldwide Golf prides itself on high-quality, high-standard custom club builds. Anticipated club build completion dates will be provided at the time of purchase, with turnaround times expected to be within two weeks of purchase, absent any manufacturer or other delays beyond our reasonable control. Worldwide Golf guarantees the performance of all custom clubs built and the process used to select golf clubs for you. If you are unhappy with the performance of your new clubs, please do not hesitate to contact us. Our fitters will work with you to solve the problem and ensure peak performance of your equipment. All shipping orders are shipped UPS Ground unless another method is specified. Orders are shipped in a Cool Clubs logo box and are specially packaged to protect your investment. A quantum view notification email will be sent to the email address on file with all tracking information.

Fitting Fees:

• In-Person: Our in-person fittings utilize the latest and greatest technology in state-of-the-art fitting bays. To ensure we can continue to make top-notch facilities available to our customers, in-person fitting fees will not be applied to the cost of equipment purchased following a fitting.
• Virtual: Virtual fitting fees will be applied to the total cost of equipment purchased following a fitting.

Hours of Operation

Headquarters:Our headquarters (which includes our custom club production workshop) is located in Scottsdale, Arizona. Our main hours of operation are listed below for your convenience. We have a voicemail system, which we check regularly, so if you reach us during closed hours, please leave a detailed message, and we will return your call promptly.

You may also send us an e-mail to which we will promptly reply during business hours at info@coolclubs.com.

Monday-Saturday: 9:00 a.m. to 5:00 p.m. MST

Sunday: Closed

Other Locations: Please consult our website for more information on hours of operation and contact information for each of our other fitting locations.

Payment Methods

Worldwide Golf securely accepts all major credit cards, including Visa, American Express, Discover, and MasterCard. Unfortunately, we cannot accept checks, C.O.D. or money orders.

If you have any questions regarding payments, feel free to send us an e-mail to info@coolclubs.com.

Sales Tax

If you are purchasing from us, we will charge and collect sales tax in accordance with state and local laws. Generally, the tax rate is based on the type of product or service purchased and the location of your purchase.* Shipping charges may also be subject to tax in certain states.

* For purchases of our products made through an authorized partner, sales tax (if and where applicable) may be charged and collected by our authorized partner. For additional information, we would recommend reviewing any such authorized partner’s terms and conditions for additional information with respect to how they handle charging and collecting sales taxes.

Product Availability

We do everything we can to ensure that you are able to get your order when you want it. We will notify you at the time of purchase when we expect your order to be ready and will notify you via e-mail with tracking information when your order is shipped.

Please Note: All orders are subject to acceptance by Worldwide Golf, and we reserve the right to reject and refuse delivery or shipment of any orders we suspect may be fraudulent, or if we are unable to fulfill your order for other reasons. We also reserve the right to limit quantities of product when we deem necessary.

Pricing Policies

Prices and product availability are subject to change without notice. If there is a price discrepancy, Worldwide Golf reserves the right to not honor the price listed or quoted in error. We will commend those who point out the error and will consider a favorable resolution for helping us recognize the error. Should you feel there is a pricing error, feel free to contact us at info@coolclubs.com.

Our Rights to Use Content

By accessing and using our Services, you grant us a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content (defined below) that you make available, on any of our social media, Websites, or on any third party website, media or forum relating to the Services, and in any form, format, or forum now known or hereafter developed. Worldwide Golf is, and will be, under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any Content. You grant to Worldwide Golf the right to use any name associated with any Content that you make available, but Worldwide Golf has no obligation to provide any attribution for any Content. “Content” means merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials).

Disclaimers

Worldwide Golf makes every effort to ensure the accuracy of the information in our stores and on our websites. Nonetheless, such information may include some inaccuracies, typographical errors and/or omissions. As such, Worldwide Golf does not accept any responsibility for such errors or omissions.

THE SERVICES PROVIDED BY WORLDWIDE GOLF ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WORLDWIDE GOLF MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR RELIABILITY OF THE SERVICES, THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THIS SERVICES, OR THE QUALITY OR SAFETY OF ANY PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WORLDWIDE GOLF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, WORLDWIDE GOLF DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Exercising and golf can be a potentially hazardous activity which involves a risk of injury to any and all parts of the user’s body and potentially even death. By purchasing any golf products from us, or by following any of our golf-related advice or tips found, you hereby freely and expressly assume and accept any and all risks of injury arising (directly or indirectly) from the foregoing, including any harm associated (directly or indirectly) from walking, swinging golf clubs, and playing golf.

Intellectual Property

Except as expressly provided herein, no license, right, title, or interest in or to any of our Intellectual Property (defined below) is transferred to you as a result of your use of the Services, including your accessing, viewing, downloading, or printing of any materials from our Websites. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use our Services, but solely for personal, non-commercial purposes. Except as necessary to purchase and/or use the Services, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Intellectual Property without our prior written consent. “Intellectual Property” means any of our copyrights and other rights associated with works of authorship, trade secrets and other confidential information, patents, patent disclosures and all rights in inventions (whether patentable or not), trademarks, trade names, internet domain names, and registrations and applications for the registration thereof together with all of the goodwill associated therewith, all other intellectual and industrial property rights of every kind and nature throughout the world and however designated, whether arising by operation of law, contract, license, or otherwise, and all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in effect.

Limitation of Liability; Indemnification

To the maximum extent permitted by applicable law, Worldwide Golf will not be liable or responsible for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of or damage to property, or damages for loss of profits, revenue, or data, however caused, and regardless of cause of action or theory of liability (even if advised of the possibility of such damages), arising out of, or resulting from, your access to or use of the Services. By using the Services, you (or, if you are a minor, your parent or legal guardian) willingly and knowingly consent and agree to the foregoing.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) TO INDEMNIFY, DEFEND AND HOLD HARMLESS WORLDWIDE GOLF AND ITS RESPECTIVE SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, MANAGERS, VENDORS, DISTRIBUTORS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, REPRESENTATIVES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, DEMANDS, LIABILITIES, COSTS, OR EXPENSES, INCLUDING ATTORNEYS’ FEES, RESULTING FROM OR ARISING OUT OF YOUR USE OF OR ACCESS TO THE SERVICES OR BREACH OF THESE TERMS.

If Worldwide Golf is found to be liable to you in any manner, or if any of the foregoing limitations on liability are found by a court of competent jurisdiction to be invalid or unenforceable, then our aggregate liability for all claims under such circumstances shall not exceed the value of the lesser of (i) the amount paid by you to Worldwide Golf during the 6-month period preceding the date the liability accrued; or (ii) $100.

Class Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the parties to these Terms waive their rights to litigate in a court any claims or disputes arising out of or relating to these Terms as a class or on a collective action basis and agree that any claims or disputes must be on an individual basis.

Third Party Links

Our Websites contain links to or may interact with third party sites that we do not own, operate or control. Such links or functionality are provided for convenience and are not an endorsement from us. Use of these links will cause you to leave our Websites. Worldwide Golf is not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site.

How to Contact Us

If you have any questions or comments, please contact us via email at info@coolclubs.com or by mail at the following address: 7267 E. Adobe Dr. Ste. 115, Scottsdale, AZ 85255. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

If you prefer to call us, please feel free to reach out toll-free at 1-888-284-9292.

Amendments

We maintain the right to amend these Terms at any time in our sole discretion, with or without notice to you. Our most up-to-date Terms will be posted to this page. In some instances, we may also post a change notice. Your continued use of the Services will constitute binding acceptance of all changes to these Terms.

Other

These Terms make up the entire, complete, and exclusive agreement between the parties regarding the Services, and supersede prior agreements, representations and understandings, whether oral, written or established by custom, practice, policy or precedent.

Failure or delay by Worldwide Golf to enforce an obligation or exercise a right under these Terms does not constitute a waiver of that obligation or right. The Company reserves the right to seek any and all remedies available at law or in equity for violations of these Terms, including the right to block access from a particular internet address to the Services.

If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable by a court of competent jurisdiction for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them and the remainder of the Terms shall remain in full force and effect.

Any waiver of this Agreement must be made in writing and signed by a duly authorized representative of Worldwide Golf.

All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

You agree to resolve any claim, charge, investigation, cause of action or dispute (“Claim”) against the us and/or our affiliates and subsidiaries, and their and our officers, directors, managers, employees or agents, arising out of or relating to these Terms exclusively in a state or federal court located in Arizona, United States of America, regardless of your country of origin or access point to Services. The laws of the State of Arizona will govern these Terms, as well as any Claim that might arise between you and Worldwide Golf without regard to conflict of law provisions. You agree to be subject to the personal jurisdiction of the courts sitting in the State of Arizona, in the event that any litigation results concerning any aspect arising out of your use of the Services. You agree that any Claim against us shall be brought within one year from when the Claim arose. Any Claims not brought within such period of time shall be deemed waived. Your access to and use of the Services is subject to your compliance with all applicable law. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. Notwithstanding the above, you agree that we shall still be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.