Terms and Conditions of Purchase and Use
SimplifiedGolf,
LLC. ("SureWrist," "we,"
"our" or "us"), owns and operates the SureWrist websites
("Site"). The terms and conditions ("Terms") that appear
below constitute a contract between you and us and govern the use of
this Site
and transactions between you and us. By using the Site, you acknowledge
having
read and understood these Terms. Any omissions in this section do not
permit
any individual or entity to intentionally participate in any online
activity
that is illegal or intentionally damaging to SimplifiedGolf, LLC, its
customers, or its business relationships. If
you do not wish to be bound by
these Terms, do not use the Site and do not order products through the
Site.
Privacy
Policy
Certain information we collect about you is subject to our Privacy
Policy. For
more information, see our Full
Privacy Policy.
Terms
of Purchase Price
Product
prices are stated at the Site. We may and reserve the
right to modify product prices, shipping & handling and any
other charges
at any time. Individual product prices, shipping & handling,
and any other
charges included in your order may be charged separately, at once, over
time,
or in payments.
Return
and Refund Policy
If
the product you purchased through the Site is defective, and
you contact us within thirty (30) days of receipt of shipment and
return the
product to PO Box 750281, Centerville, Ohio 45475, during that time, we
will
refund you the purchase price, minus shipping, handling, and or
restocking
charges.
Product
Availability, Delivery and Transfer of Title
If
we are unable to deliver an ordered product to you due to
insufficient inventory, we will notify you and you may do one of the
following
things: 1) request that the product be delivered when it becomes
available, in
which case you will be charged for the purchase only at that time; or
2) cancel
and request that the product not be delivered, in which case you will
not be
charged. We are not responsible for, and disclaim any responsibility
for, any
damage you may suffer due to unavailability of a product you ordered.
We
will deliver the products you ordered upon receipt of full
payment for the purchase. The products will be delivered to the address
you
provided at the time of the order. We will make best efforts to deliver
the
products in a safe and timely fashion, however, we are not responsible
for and
disclaim any responsibility for events beyond our control including,
without
limitation, acts of God, transportation, mechanical or other system
failures or
interruptions, weather conditions, strikes or other business
interruptions, or
acts of public authorities, including customs and health officials,
that
prevent or delay shipment. Title to the products you ordered passes to
you, and
you become the owner of them, at the moment they are transferred to the
shipping carrier for delivery to you. Except as otherwise may be
provided herein,
at the moment of transfer to the carrier you assume all risk associated
with
those products and we are not liable for their loss, damage or
destruction.
Delivery
of product is subject to the rules of the shipping
carrier used by us, in particular, those covering signature
acknowledging
receipt of product. If you are absent from the delivery point
designated by you
at the time of delivery, it is your responsibility to recover the
products
according to the rules of the shipping company that is attempting to
make
delivery to you.
Warranties
Any
limited warranties provided by
the manufacturers of our products are included in the documentation
provided
with the products and can be found at the Site. There are no warranties
for
services. We make no express warranties except those stated in any
applicable
warranty statement in effect on the date of the invoice. Any such
warranties
will be effective, and we or the product manufacturer will be obligated
to
honor any such warranties, only upon our receipt of full payment for
the item
to be warranted. Except as otherwise stated, your use of the Site and
purchase
of products from us is solely at your own risk.
Limitation
of Liability and
Disclaimer of Warranties
We
expressly disclaim all
warranties either express or implied, including any implied warranty of
merchantability or fitness for a particular purpose, provided, however,
that
this disclaimer does not affect the terms of any manufacturer's
warranty set
forth in this document. We do not accept liability beyond the remedies
set
forth herein, including any liability for unavailability of product or
provision of services and support. We are not liable for lost profits,
loss of
business, personal injury or other consequential, special, indirect, or
punitive
damages, even if advised of the possibility of such damages, or for any
claim
by any third party except as expressly provided herein. You agree that
for any
liability related to the purchase of products or services bundled with
the
products, we are not liable, if at all, for any amount of damages above
the
aggregate dollar amount you paid for the purchase of the products or
services.
Some jurisdictions do not allow the exclusion of certain warranties or
limitation of incidental or consequential damages. In such
jurisdictions our
liability shall be limited to the extent permitted by law.
There
is no warranty, express or implied, on products that have
been sold to a third party after the original purchase.
Use
of
Information and Ideas Submitted
You hereby acknowledge and agree that we are free to use any comments,
information, ideas, concepts, reviews, techniques or other information
(collectively, "Ideas") contained in any communication you may send
to us or have with our representative, and we shall have no obligation
to
compensate you in any way for the Ideas provided by you that are used
by us for
commercial purposes, including use by us in designing, developing,
manufacturing and marketing products and creating, modifying or
improving upon
ours or other products, services or websites affiliated with us. In
posting,
displaying or otherwise communicating any such Ideas with us, you
hereby grant
to us a non-exclusive license to display, use, reproduce or modify the
Ideas.
No
Resale of
Our Products or Services
You agree not to access, reproduce, duplicate, copy, sell, resell or
exploit
for any commercial purpose any of our products or services except as
granted
permission under our affiliate networks.
Indemnification
Upon request of us, you agree to defend, indemnify and hold harmless us
and our
affiliates, and their employees, contractors, agents, representatives,
officers
and directors from all liabilities, claims and expenses, including
without
limitation reasonable attorney's fees, from your use or misuse of the
Site. We
reserve the right, at our own expense, to assume the exclusive defense
and
control of any matter otherwise subject to indemnification, in which
event you
will cooperate with us in asserting any available defense.
Binding
Arbitration
Any claim, dispute, or controversy against us, our agents, employees,
successors, assigns or affiliates arising from or relating to your use
of the
Site and/or purchase of products from us, our advertising or these
Terms, their
interpretation, or the breach, termination or invalidity thereof, shall
be
resolved exclusively and finally by binding arbitration under the Rules
of the
American Arbitration Association. The arbitration will be limited
solely to the
dispute between you and us. Any award of the arbitrator(s) shall be
final and
binding on each of the parties, and may be entered as a judgment in any
court
of competent jurisdiction. Reasonable attorney's fees and legal costs
may be
awarded by the arbitrator(s) to the prevailing party.
Governing
Law
and Forum
These Terms are governed by Ohio law. Any action to enforce or
interpret them,
and any arbitration to resolve a dispute under them, shall be initiated
and
maintained exclusively in Montgomery County, State of Ohio. The parties
irrevocably submit to the jurisdiction of the courts in Montgomery
County and
waive all objections they otherwise may have to jurisdiction or venue.
Severability
and Integration
Unless otherwise specified herein, these Terms and the Privacy Policy
constitute the sole and exclusive agreement between you and us and our
affiliates with respect to the Site and supersedes all prior and
contemporaneous communications and proposals (whether or not
electronic)
between you and us with respect to us. If any portion of the Terms or
Privacy
Policy is held invalid or unenforceable, that portion shall be
construed in a
manner consistent with applicable law to reflect, as nearly as
possible, the
original intentions of the parties, and the remaining portions shall
remain in
full force and effect.
Parties
in Interest
Nothing
in these Terms is intended
to confer any rights or remedies under or by reason of these Terms on
any
persons other than the parties to these Terms.
Changes
in Terms and Conditions
We
reserves the right to change the terms and conditions under which this
site is offered, and any changes become effective immediately upon
posting. You are responsible for regularly reviewing these terms and
conditions, and your continued use of this site constitutes your
agreement to all such terms and conditions.
|