Terms & Conditions
READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to
use of the BuyGolfShirts.com website located at
www.BuyGolfShirts.com (the "Site").
The Site is the property of BuyGolfShirts.com (together with its
affiliated companies, including without limitation, Wholesale Golf
Shirts). Before you make any purchases, you must first establish a
customer account ("My Account").
BY CREATING AN ACCOUNT YOU AGREE TO
THESE TERMS OF USE AND OUR
RETURN TERMS. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT AND DO
NOT USE THE SITE.
BuyGolfShirts.com reserves the right, at its sole discretion, to change,
add or remove portions of this Terms of Use, at any time. It is your
responsibility to check this Terms of Use each time before using the
Site. Your continued use of the Site following the posting of changes
will mean that you accept and agree to the changes. You agree that all
subsequent purchases by you will be subject to the terms and conditions
of this Terms of Use, which shall apply until we post a modified Terms
of Use and then in accordance with such modified Terms of Use. As long
as you comply with this Terms of Use and any such modifications,
BuyGolfShirts.com grants you ("End User") a personal, non-exclusive,
non-transferable, non-sublicensable, limited privilege to enter and use
the Site.
1. Content; Copyright and Trademark Notice. All media (downloaded or
samples), software, text, images, graphics, user interfaces, music,
videos, photographs, trademarks, logos, artwork and other content on the
Site (collectively, "Content"), including but not limited to the design,
selection, arrangement, and coordination of such Content on the Site is
owned or licensed by or to BuyGolfShirts.com, and is protected by
copyright, trade dress, and trademark laws, and various other
intellectual property rights laws. Except as expressly provided in this
Terms of Use, no part of the Site and no Content may be reproduced,
recorded, retransmitted, sold, rented, broadcast, distributed,
published, uploaded, posted, publicly displayed, altered to make new
works, performed, digitized, compiled, translated or transmitted in any
way to any other computer, website or other medium or for any commercial
purpose, without BuyGolfShirts.com's prior express written consent.
Except as expressly provided herein, you are not granted any rights or
license to patents, copyrights, trade secrets, trade dress, rights of
publicity or trademarks with respect to any of the Content, and
BuyGolfShirts.com reserves all rights not expressly granted hereunder.
BuyGolfShirts.com expressly disclaims all responsibility and liability
for uses by you of any Content obtained on or in connection with the
Site.
BUYGOLFSHIRTS.COM and "GET YOUR SHIRT ON" are registered trademarks,
trademarks or service marks of BuyGolfShirts.com. All custom
graphics, icons, logos and service names are registered trademarks,
trademarks or service marks of BuyGolfShirts.com. All other
trademarks or service marks are property of their respective owners.
The use of any BuyGolfShirts.com trademark or service mark without
BuyGolfShirts.com's express written consent is strictly prohibited.
By submitting a design to BuyGolfShirts.com, or using logos stored
on the site, you warrant and represent that you are the sole, legal
owner or licensee of all rights, including copyright, to each
copyright, trademark, service mark, trade name, logo, statement,
portrait, graphic, artwork, photograph, picture or illustration of
any person or any other intellectual property included in such
design. Further you warrant and represent that no part of the
design: (a) violates or infringes upon any common law or statutory
right of any person or entity, including, but not limited to, rights
relating to copyrights, trademarks, contract rights, moral rights or
rights of public performance; (b) is the subject of any notice of
such infringement you have received; or (c) is subject to any
restriction or right of any kind or nature whatsoever which would
prevent BuyGolfShirts.com from legally reproducing the images or
text submitted. You agree to defend, at your sole expense, any
claim, suit, or proceeding brought against BuyGolfShirts.com which
relates to, or is based upon, a claim that any portion of the design
infringes or constitutes wrongful use of any copyright, trademark,
or other right of any third party, provided that BuyGolfShirts.com
gives you written notice of any such claim and provides you such
reasonable cooperation and assistance as you may require in the
defense thereof. You shall pay any damages and costs assessed
against BuyGolfShirts.com pursuant to such a suit or proceeding.
Further, you agree to indemnify and hold BuyGolfShirts.com harmless
from and with respect to any such loss or damage (including, but not
limited to, reasonable attorneys' fees and costs) associated with
any such claim, suit or proceeding. All items shown on this web site
containing corporate logos or registered trademarks are shown only
to illustrate BuyGolfShirts.com's logo reproduction capabilities.
Purchase of merchandise from BuyGolfShirts.com in no way, shape or
form grants you permission to reproduce logos, nor does it transfer,
grant or lease ownership of any logos or trademarks to you.
2. Registration; Customer Accounts; Use of Site. Certain services
offered on or through the Site require you to first open a My Account.
You are responsible for maintaining the confidentiality of your My
Account information, including your password, and for all activity that
occurs under your account. You agree to notify BuyGolfShirts.com
immediately of any unauthorized use of your account or password, or any
other breach of security. You may be held liable for losses incurred by
BuyGolfShirts.com or any other user of the Site due to someone else
using your password or customer account. You may not use anyone else's
password or customer account at any time. You may not attempt to gain
unauthorized access to the Site. Should you attempt to do so, assist
others in making such attempts, or distributing instructions, software
or tools for that purpose, then your customer My Account will be
terminated. You agree to provide us with accurate, current and complete
information about yourself and your billing information as prompted by
the registration process. You may update any of your My Account
information, designate a different credit card to be billed, or change
the applicable expiration date on your currently designated credit card,
by clicking on the My Account button and selecting the appropriate link.
You may not use any automatic device, program, algorithm or methodology,
or any similar or equivalent manual process, to access, acquire, copy,
probe, test or monitor any portion of the Site or any Content, or in any
way reproduce or circumvent the navigational structure or presentation
of the Site or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not purposely made
available through the Site. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on the
infrastructure of the Site or any of the systems or networks comprising
or connected to the Site.
You also agree that BuyGolfShirts.com may, in its sole discretion and
without prior notice to you, terminate your access to the Site and your
My Account for any reason, including without limitation: (1) attempts to
gain unauthorized access to the Site or assistance to others' attempting
to do so, (2) overcoming software security features limiting use of or
protecting any Content, (3) discontinuance or material modification of
the Site or any service offered on or through the Site, (4) violations
of this Terms of Use, (5) failure to pay for purchases, (6) suspected or
actual copyright infringement, (7) unexpected operational difficulties,
or (8) requests by law enforcement or other government agencies. You
agree that BuyGolfShirts.com will not be liable to you or to any third
party for termination of your access to the Site.
3. Consent To Collection, Use & Disclosure of Your Personal
Information. As more fully described in our
Privacy
Policy
, you must disclose certain Personally Identifiable
Information to use our Site, register, and make purchases. As a
condition of registering with our Site or making any purchases of any
products and/or services or conduct any transactions, you represent that
you have first read our Privacy Policy and consent to the collection,
use and disclosure of your Personally Identifiable Information and
Non-Personally Identifiable Information as described in our Privacy
Policy. Our Privacy Policy's terms and conditions will change from time
to time, and as a condition of browsing the Site, using any features or
making any purchase, you agree that you will first review our Privacy
Policy prior to making any initial or subsequent purchases.
While BuyGolfShirts.com takes reasonable steps to safeguard and to
prevent unauthorized access to your personal information, we cannot be
responsible for the acts of those who gain unauthorized access, and we
make no warranty, express, implied, or otherwise, that we will prevent
unauthorized access to your private information. IN NO EVENT SHALL
BUYGOLFSHIRTS.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER
CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR
OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S
UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER
SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER
THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BUYGOLFSHIRTS.COM
WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail. By establishing a My
Account with us, and each time you make a purchase through our Site, you
grant permission for BuyGolfShirts.com to contact you at your e-mail
address. To stop receiving our marketing emails follow the opt-out
procedures set forth in such marketing emails. BuyGolfShirts.com cannot
be held responsible for emails not received due to SPAM filters
installed by your Internet Service Provider (ISP), Email provider or by
you the Customer. BuyGolfShirts.com cannot be held responsible for Order
delays or failure to receive out of stock or declined notifications
created by SPAM filters or other related computer software and/or
hardware.
5. Conditions of Sale and Payment Terms. To purchase any goods and/or
services on our Site, you must (a) be at least eighteen (18) years of
age or the applicable state age of majority and (b) be a resident in the
50 states of the United States of America, exclusive of its
commonwealths, territories and possessions ("United States"). Prior to
the purchase of any goods or services on our Site, you must provide us
with a valid credit card number and associated payment information
including all of the following: (i) your name as it appears on the card,
(ii) your credit card number, (iii) the credit card type, (iv) the date
of expiration and (v) any activation numbers or codes needed to charge
your card. By submitting that information to us, you hereby agree that
you authorize us to charge your card at our convenience but within
thirty (30) days of credit card authorization.
6. Methods of Payment, Credit Card Terms and Taxes. All payments must be
made by VISA, MasterCard, American Express, DiscoverCard, PayPal (EFT),
Checks and Money Orders. Checks and Bank Drafts are held 10 Business
Days before we ship the Order. Due to new stricter Banking Guidelines
and Privacy Acts, all Checks will be held for 10 Business Days before an
Order ships due to the Banks inability to verify cleared payment. If
your Order requires a quick shipment we recommend you select Credit
Card, PayPal or Money Order as your payment method. Your card issuer
agreement governs your use of your designated card, and you must refer
to that agreement and not this Terms of Use to determine your rights and
liabilities as a cardholder. YOU, AND NOT BUYGOLFSHIRTS.COM, ARE
RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT
CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in
connection with your purchases (including any applicable taxes) at the
rates in effect when the charges were incurred. Unless you notify
BuyGolfShirts.com of any discrepancies within sixty (60) days after they
first appear on your credit card statement, you agree that they will be
deemed accepted by you for all purposes. If BuyGolfShirts.com does not
receive payment from your credit card issuer or its agent, you agree to
pay all amounts due upon demand by BuyGolfShirts.com or its agents. You
are responsible for paying any governmental taxes imposed on your
purchases, including, but not limited to, sales, use or value-added
taxes. BuyGolfShirts.com shall automatically charge and withhold the
applicable sales tax for orders to be delivered to addresses
within Texas and any other states or localities that it deems is
required. Returned Check fee for Insufficient Funds (NFS) : $25.00
7. Order Acceptance Policy. Your receipt of an electronic or other form
of order confirmation does not signify our acceptance of your order, nor
does it constitute confirmation of our offer to sell. BuyGolfShirts.com
reserves the right at any time after receipt of your order to accept or
decline your order for any reason. BuyGolfShirts.com further reserves
the right any time after receipt of your order, without prior notice to
you, to supply less than the quantity you ordered of any item. Your
order will be deemed accepted by BuyGolfShirts.com upon our shipment of
products or delivery of services that you have ordered. All orders
placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable
method of payment, as established by our credit and fraud avoidance
department. We may require additional verifications or information
before accepting any order.
8. No Responsibility To Sell Mispriced Products Or
Services. BuyGolfShirts.com shall have the right to refuse or cancel any
orders placed for products and/or services listed at an incorrect price,
rebate or refund, or containing any other incorrect information or
typographical errors. BuyGolfShirts.com shall have 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 canceled, BuyGolfShirts.com
shall immediately issue a credit to your credit card account in the
amount of the charge.
9. Modifications to Prices or Billing Terms. BUYGOLFSHIRTS.COM RESERVES
THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR
PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE
SITE OR BY E-MAIL DELIVERY TO YOU.
10. Price Comparisons, "List
Price" and "You Save". Price comparisons may be made throughout the site
to indicate the relative savings amounts of our pricing. "LIST PRICE" is
the suggested retail price provided to us by our suppliers. We make no
representation that a substantial number of these products have been
sold or offered for sale at the list price. Actual retail prices in your
area may be substantially different. Because we sell our merchandise
over the internet on a national basis, it is not possible to know if our
merchandise is sold at list price in any particular location or at any
particular time. "YOU SAVE"reflects the difference between our price and
the supplier provided list price shown on our sites. Because the list
price may be different than the actual retail prices in your area, you
may not actually realize a savings of this amount and may want to make
an exact comparison for yourself by checking the prices of other
internet or local retailers prior to making a purchase.
11. Order Processing and Shipping Times. Most all Orders are processed
within 15 minutes of receipt during normal business hours. For this
reason, we are unable to make changes to your order once it has been
submitted via our website or by phone in most all cases. Please review
your Order carefully before submitting. We do not guarantee Same Day
Shipping, but most Orders that are placed by 1pm CST do ship the same
day. Some Premium Brands including, but not limited to, Tommy Hilfiger,
Tehama, Antigua, Dunbrooke, Page & Tuttle, Munsingwear, Pro Celebrity,
Callaway Golf, Ashworth, Van Heusen and some Jockey styles are excluded
from Same Day Shipping. These brands will ship within 1-3 Business Days
as noted on each of their product pages. Please choose your Shipping
Method accordingly when ordering these or any Premium Brands. Shipping
times are on each product page.
12. Images, Dyes, Fabrics, Weights and Content. Every effort is made to
insure that pictured fabric colors in our catalog and on our website are
as close as possible to the actual fabric color. This cannot be
guaranteed and an actual color sample should be purchased when exact
color match is required. Since most monitors are never calibrated the
colors you see on your monitor may differ from what others see on their
monitor and from the actual color of the apparel in the picture. Shade
variations are inherent in the garment dyeing process.Garment-Dyed goods
should be washed separately before wearing. Do not dry clean. Published
fabric weights are an average weight among neutrals, lights, darks and
premiums.Ash/Heather colored products are not 100% cotton and must carry
a small percentage of polyester to achieve the color.
13. Embroidery,
Screenprinting or other embellished products. In certain instances you
may receive an overage or a shortage on your embellished order. Due to
manufacturing quality and production standards there will be over runs
and occasionally under runs. BuyGolfShirts.com will do everything
possible to reduce this occurrence. The industry standard on most
products is +/- 5%. For instance, if you order 1,000 custom printed mugs
you could potentially receive between 950 and 1,050 custom printed mugs.
Exceptions to the above are paper and plastic bags, which may vary +/-
25%. We will bill either your account or credit card only for the actual
quantity shipped. There will be a $25 Cancellation Fee on any cancelled
embroidery, screenprinting or other embellished products. Any returned
items will be subject to restocking fees as outlined in our Return
Terms. If you have any questions please contact us at either
1-866-727-6567.
14. Shipping Terms and
Liability. This merchandise becomes your property at the time it is
accepted by the carrier. The carrier will be UPS Groundsaver, unless
otherwise specified on your order. UPS cannot deliver to a P.O.
Box. Delivery address must be a physical street address. Most all
approved orders placed before 1pm CST will be shipped the same day FOB
from our warehouses. Orders received after 1pm CST and Orders which
consist of Premium Brands which do not offer Same Day Shipping will be
shipped the following business day or within the time frame noted on the
products ordering page. BuyGolfShirts.com shall not be liable for any
delay in the delivery or shipment of goods, or for any damages suffered
by reason of such delay. BuyGolfShirts.com also reserves the right to
modify the shipment cut-off times and to select alternative carriers.
BuyGolfShirts.com is not responsible for discrepancies on orders
received by parties other than the billed customer. We ship only to
locations within the 50 United States. We do not accept requests for
delivery at specific times of day. For residential deliveries, if the
recipient is not available at the time of delivery, the delivery person
may leave the gift in a safe place for the recipient to retrieve when
they return or attempt delivery the next day. During the holidays
deliveries may be made as late as 9pm. For business deliveries, if the
business is closed or not accepting deliveries, delivery will be
attempted the next business day. During the holidays deliveries may be
made as late as 5pm. BuyGolfShirts.com cannot be held responsible for
lost or delayed orders after shipments leave our warehouse.Delivery of
any shipment by us to a carrier relieves us of all further
responsibility for damage and / or shortage. If you have a concealed
shortage or damage you must notify carrier to inspect within 7 days of
receipt of shipment. Any claim for damage or shortage must be filed in
writing with the carrier. Claims must be filed within the carriers
specified time frame of receipt of shipment. At your request, if you
will send the carrier's written report of their inspection, we will help
you in filing your claim.
- Commercial Address : Signature required for all packages.
- Residential Address : We ship with "No Signature Required" by
default. But some UPS drivers take it upon themselves to decide whether
or not to leave a package without obtaining a signature. This is beyond
our control. BuyGolfShirts.com cannot be held responsible for lost
shipments in which the carrier does not require a signature for delivery
(either by choice, designation or waiver of signature on file for the
ship to address) and leaves package(s) unattended at the ship to
address. BuyGolfShirts.com will assist in filing a claim.
- IMPORTANT NOTICE: Customer assumes all risk when requesting 'No
signature required,' and-or deliveries to unsecured special locations,
e.g., 'Leave at back door,' 'Leave at manager's desk,' etc. We can only
provide this special location if room allows in the address
field. BuyGolfShirts.com cannot guarantee that your special location
will be included with your delivery address. Customer must designate at
Check Out the proper 'Ship to' receiver, and-or business name and
address to which delivery is to be made. Failure to provide accurate
receiver data may result in a delayed or failed delivery and subsequent
UPS return of order to vendor, in which case additional shipping fees
will be charged off-line to the credit card of record for reshipment of
order. If a reshipment is not desired on an order in which accurate
receiver data was not provided by the customer, shipping charges will
not be refunded. Please note, our warehouses do not ship on weekends and
we do not offer weekend or holiday delivery. Tracking information
provided when available, usually within 24-48 hours or upon
request. Order shipping directly from a Mill will require additional
time for tracking information upon request. Tracking is not possible for
APO/FPO Shipments due to USPS limitations.
15. APO / FPO SHIPMENT TERMS. To ship to an APO/FPO address our
warehouses (who ship via UPS only, excluding warehouse 2 & 3) must ship
your order to our Houston offices and repackage the order for USPS
shipping then physically carry the package(s) to the USPS clerk. This is
why our rates to APO/FPO are higher. APO/FPO Orders are actually
shipping twice. Once via UPS Ground to our Offices, then reshipped via
USPS Mail to your APO/FPO address. Please select APO/FPO Military
Address as your shipping method. The rate shown is the same amount as
shipping UPS Ground to our Office plus shipping Priority Mail Insured to
an APO/FPO address 90% of the time. In most cases we will absorb some,
if not all of the actual shipping cost over the amount shown on your
bill. In rare cases, some APO/FPO Orders may incur additional shipping
charges which we are unable to determine until after an order has been
placed. You will be notified via email if your order requires additional
shipping charges. Any additional shipping charges must be approved by
the customer prior to shipment. If approval for additional shipping
charges is not granted within 48 hours the order will either be shipped
at the lower rated USPS Parcel Post method or the order will be placed
on hold for 7 days, at which time it will be cancelled. You will be
notified in either instance. There is no tracking option available for
APO/FPO shipments. WE VERIFY ALL APO/FPO ZIP CODES. Any attempt to ship
to a United States Post Office Box will be reported to the proper
authorities. Your IP address is revealed when placing an Order on our
website. We will do our best to make this a smooth process when shipping
to APO/FPO addresses. We are aware that military personnel are not able
to check their email as often as others and we will do our best to
handle things on our end without further correspondence from our
military customers. We apologize for the inconvenience, however this is
the only method available to us at this time to ship to APO/FPO
addresses.
16. SPAM POLICY. Unsolicited Commercial Email is a FEDERAL CRIME.*
Presence of our email addresses on our site does not invite Unsolicited
Commercial Email (UCE or SPAM). Copies of all UCE that we
receive are forwarded to our Federal and State lawmakers and to the
Federal Trade Commission for possible criminal prosecution. Pursuant to
US Code, Title 47, Chapter 5, Subchapter II, 227 [47 USC 227], any and
all unsolicited commercial E-mail sent to any address at Buy Golf Shirts
.com, or to any of our clients, is subject to a download and archival
fee in the amount of Five Hundred U.S. Dollars ($500.00US). E-Mailing
denotes acceptance of these terms. This system is private property,
unauthorized use is prohibited by law. Operation of a spider or any
other software, hardware, and/or scripts for the purpose of collecting
and/or harvesting email addresses or our visitors personal information
is strictly forbidden. Violators may be subject to a fine of up to
Five-Hundred Dollars U.S. ($500.00US) for each file request made for
these purposes. If you feel that it is unfair that your free use of the
Internet should be restricted because of the unethical and illegal acts
of a small minority of Internet citizens, please (a) contact your
Internet Service Provider and ask them to take a firm anti-SPAM stance
if they have not already done so; (b) contact your state and Federal
lawmakers and and them to pass and aggressively enforce anti-SPAM
legislation.
17. Indemnification. You agree to indemnify and hold harmless
BuyGolfShirts.com and its parents, sister companies, subsidiaries,
affiliates, service providers, other End Users, distributors, licensors,
officers, directors and employees from any claim or demand, including
reasonable attorneys' fees, made by any third party arising out of or
related to your violation of this Terms of Use, or your violation of any
law, regulation or third-party right.
18. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT,
DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED
"AS IS." ALL OF BUYGOLFSHIRTS.COM'S PHYSICAL PRODUCTS ARE GUARANTEED
AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE.
EXCEPT AS EXPRESSLY STATED HEREIN, BUYGOLFSHIRTS.COM EXPRESSLY DISCLAIMS
ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO OR REFERENCED BY THE BUYGOLFSHIRTS.COM SITE,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS
OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR
PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR
CORRESPONDENCE TO DESCRIPTION.
19. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF
THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN
CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL
DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL BUYGOLFSHIRTS.COM OR ITS
LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR
AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT,
INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY
PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR
INABILITY TO USE THE BUYGOLFSHIRTS.COM SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BUYGOLFSHIRTS.COM
SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE EVEN IF BUYGOLFSHIRTS.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR
POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT BUYGOLFSHIRTS.COM SHALL
HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO BUYGOLFSHIRTS.COM BY END
USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS
INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE
RESPONSIBILITY OF BUYGOLFSHIRTS.COM. YOU ACKNOWLEDGE AND AGREE THAT THE
LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES
SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING,
WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF
THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE
PARTIES.
20. Policy to Terminate Privileges for Copyright Infringement. Pursuant
to 17 U.S.C. 512 as amended by Title II of the Digital Millennium
Copyright Act (the "Act"), BuyGolfShirts.com will terminate the account
of any customer, or vendor who uses his or her privileges to unlawfully
transmit copyrighted material without a license, valid defense or fair
use privilege to do so. After proper notification by the copyright
holder or its agent to the BuyGolfShirts.com and later confirmation
through court order or an admission by the customer that an account has
been an instrument of unlawful infringement, BuyGolfShirts.com will
terminate the infringing customer's account. BuyGolfShirts.com may also
in its sole discretion decide to terminate a customer's account
privileges prior to that time if it has good belief that infringement
has in fact occurred. In addition, pursuant to 17 U.S.C. 512(c),
BuyGolfShirts.com has implemented procedures for receiving written
notification of claimed infringements and for processing such claims in
accordance with the Act. BuyGolfShirts.com respects the intellectual
property of others and we ask other to do the same. If you believe that
your copyright has been infringed through the BuyGolfShirts.com.com
website, please contact "Legal Department", via facsimile at (832)
201-7938, or mail at:
Attn: Legal Department, BuyGolfShirts.com, 14450 FM 2100, Suite
A-322, Crosby TX 77532
Any written notice describing the infringing activity must include the
following information:
- An electronic or physical signature of the person authorized to act on
behalf of the owner of an exclusive that is allegedly infringed;
- A description of the allegedly infringing work or material;
- A description of where the allegedly infringing material is located on the site;
- Information reasonably sufficient to allow us to contact you, such as your
address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed
use of the material is not authorized by the copyright or other proprietary
right owner, its agent, or the law; and
- A statement by you that the above information and notification is
accurate, and under penalty of perjury, that you are the copyright owner
or authorized to act on behalf of the owner whose exclusive right is
allegedly infringed.
21. General. No delay or failure to take action under this Terms of Use
shall constitute any waiver by BuyGolfShirts.com of any provision of
this Terms of Use. If any provision of this Terms of Use is invalid or
unenforceable under applicable law, it is, to that extent, deemed
enforceable to the fullest extent possible (and severable in the event
such provision is completely unenforceable) and the remaining provisions
of this Terms of Use will continue in full force and effect. This Terms
of Use will bind and inure to the benefit of BuyGolfShirts.com's
permitted successors and assigns. Any claim under these Terms of Use
must be brought within one (1) year after the cause of action arises.
This Terms of Use shall be governed by the laws of the State
of Texas without regard to or application of any conflict of laws
provisions. You consent to the exclusive jurisdiction of the state and
federal courts sitting in Harris County, in the State of Texas. This
Terms of Use is personal to you and may not be transferred, assigned or
delegated to anyone. Any attempt by you to assign, transfer or delegate
this Terms of Use shall be null and void. BuyGolfShirts.com may freely
assign this Terms of Use without consent or notice. This Terms of Use
(including all documents expressly incorporated herein by reference,
including but not limited, to the relevant Usage Rules) constitutes the
complete and exclusive agreement between BuyGolfShirts.com and you with
respect to the subject matter hereof and supersedes all prior oral or
written understandings, communications or agreements not specifically
incorporated herein.