PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THIS SITE YOU AGREE TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE.
All users of this site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law.
The entire content included in this site, including but not limited to text, graphics, design, photographs, the selection and arrangement thereof, and code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of LostGolfBalls.com. The collective work includes works that are licensed to LostGolfBalls.com. Copyright 2003, LostGolfBalls.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with LostGolfBalls.com or purchasing LostGolfBalls.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with LostGolfBalls.com or to purchase LostGolfBalls.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by LostGolfBalls.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of LostGolfBalls.com used in the site are trademarks or registered trademarks of LostGolfBalls.com
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LOSTGOLFBALLS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LOSTGOLFBALLS.COM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOSTGOLFBALLS.COM DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LOSTGOLFBALLS.COM SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF LOSTGOLFBALLS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
SEE BELOW UNDER THE HEADING “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE” FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.
In the event that a LostGolfBalls.com product is mistakenly listed at an incorrect price, LostGolfBalls.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. LostGolfBalls.com reserves 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, LostGolfBalls.com shall issue a credit to your credit card account in the amount of the incorrect price. LostGolfBalls.com reserves the right to change inaccuracies or omissions, and to change or update information regarding products, pricing or promotions any time without prior notice.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by LostGolfBalls.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
LostGolfBalls.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to LostGolfBalls.com.
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. LostGolfBalls.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. LostGolfBalls.com may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of these Terms and Conditions is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. You agree that these Terms and Conditions and all agreements and notices incorporated herein may be automatically assigned by LostGolfBalls.com in its sole discretion, to a third party. You may not assign your obligations to any other entity.
SEE BELOW UNDER THE HEADING “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE” FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION. IF YOU ARE A CONSUMER, SECTION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH BELOW.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a LostGolfBalls.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
LostGolfBalls.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, LostGolfBalls.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, LostGolfBalls.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to LostGolfBalls.com in its sole discretion. Any material, information, idea, or other communication you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by LostGolfBalls.com and/or its designees for any purpose whatsoever, including, but not limited to, developing and manufacturing products (“Communications”). LostGolfBalls.com and its designees will be free to copy, disclose, distribute, incorporate, or otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes. You are prohibited from posting or transmitting to or from this site anything unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could rise to any civil or criminal liability under the law.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless LostGolfBalls.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this site or any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
SEE BELOW UNDER THE HEADING “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE” FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.
In an attempt to provide increased value to our visitors, LostGolfBalls.com may link to sites operated by third parties. However, even if the third party is affiliated with LostGolfBalls.com, LostGolfBalls.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of LostGolfBalls.com. These linked sites are only for your convenience and do not constitute an endorsement by LostGolfBalls.com of the content of such sites or the business practices of such other sites, and therefore you access them at your own risk. Nonetheless, LostGolfBalls.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). You should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links or the content of such external sites.
Please review LostGolfBalls.com’s Privacy Policy, which is incorporated herein by reference.
LostGolfBalls.com may revise or modify these Terms and Conditions at any time. These Terms and Conditions are subject to change without prior notice. By using this Site, you agree to be bound by any such revisions. Accordingly, you should periodically visit this page to determine the current Terms and Conditions to which you are bound. Your continued use of our Site following the posting of changes to these Terms and Conditions means you accept such changes. In the event that you do not agree to any changes or modifications of these Terms and Conditions, you should not continue to use the Site.
In order to expedite and control the cost of disputes, you and LostGolfBalls.com. agree that any legal or equitable claim relating to use of this Site or purchase of any product from this Site (referred to as a “Claim”) will be resolved as follows:
You and LostGolfBalls.com. will first attempt to resolve any Claim informally. Accordingly, neither you nor LostGolfBalls.com. may start a formal Arbitration proceeding for at least 60 days after one party notifies the other party of a Claim in writing.
SEE UNDER THE HEADING “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE”
BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute controversy or claim arising out of or relating to these Terms and Conditions, the applicability of these Terms and Conditions to the use of this Site, or purchase of any LostGolfBalls.com. or other products on this Site, or to breach or enforcement, interpretation or validity of these Terms and Conditions, or the determination of the scope or applicability of arbitration shall be governed solely by the Federal Arbitration Act.
If you and LostGolfBalls.com. cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration. By agreeing to arbitration, both you and LostGolfBalls.com. understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and LostGolfBalls.com. each agree to settle disputes (except certain small claims) only by arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms and Conditions as a court would.
The arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms and Conditions. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate arbitration, LostGolfBalls.com. agrees to pay the arbitration initiation fee and any additional required deposit required by JAMS to initiate your arbitration. You and LostGolfBalls.com. agree to pay the costs of the arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held in Harris County, Texas, unless you and LostGolfBalls.com. both agree to another location or telephonic arbitration. To initiate arbitration, you or LostGolfBalls.com. must do the following things:
Special Rules in the arbitration proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor LostGolfBalls.com. shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and LostGolfBalls.com. agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms and Conditions, you may assert an individual Claim in small claims court in lieu of Arbitration.
Any Claim you may have directly or indirectly arising out of or relating to these Terms and Conditions or the Site (including the purchase of any product via the Site) must be commenced within one (1) year after the Claim arises.
SEE BELOW UNDER THE HEADING “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE” FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.
EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
If you are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Limitation of Liability, Governing Law, and Indemnification above do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, LostGolfBalls.com reserves all rights, defenses and permissible limitations under the law of your State of residence.