Terms and Conditions | Golf by James Warren

This Site is operated by Golf by James Warren. Throughout these Terms of Use, the terms "we", "us" and "our" refer to Golf by James Warren.

Please carefully read these Terms of Use as they govern your use of this website ("Site").

Accuracy of Information on this Site
Except with respect to product descriptions, pricing and terms of sale, we are not responsible for the accuracy of any other information that may appear on this Site ("Other Information"). Such Other Information may be inaccurate, incomplete, out-of-date or otherwise erroneous or false. You should not rely on any of the Other Information for any purpose whatsoever. Any such reliance is at your own risk.

Changes to this Site
We reserve the right to modify, update, remove or otherwise alter the contents of this site at any time, for any reason, and without notice to you.

Orders
The information on this Site, including information describing products, pricing, terms of sale and other related information, does not constitute a binding offer to sell products or to make such products available in your area. If you place an order for goods or services through this Site, we reserve the right to reject, accept and later revoke or otherwise decline, cancel or terminate your order at any time, in our sole discretion, with or without cause. If we charge your credit card and later determine to terminate your order, we will reverse the charge.

When you place an order through this Site, you agree that all information that you provide will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

We reserve the right, without prior notification, to limit the order quantity of any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Golf by James Warren’s acceptance of any order. Price and availability of any product or service are subject to change without notice.

Please not that if you purchase products through this website, such purchases shall be governed by the Golf by James Warren Terms of Sale in effect at your time of purchase ("Terms of Sale"). In the event of any conflict between these Terms of Use and such Terms of Sale, the Terms of Sale shall take precedence.

Prices
Product prices displayed on the Site are quoted in U.S. dollars are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for a purchase and we cancel your order for any reason, we will reverse the charge.

Product Appearance
For a variety of reasons, including the technical settings of your computer and its monitor, we cannot warrant the accuracy of the colors, design and other aspects of the appearance of the products we offer on the Site. If, for any reason, you are not satisfied with any Products that you purchase through this Site, you may return the products in accordance with the Terms of Sale.

Use of and Access to this Site
All content on this Site (including, without limitation, text, designs, graphics, logos, icons, images, audio files, downloads, interfaces, software, as well as the selection and arrangement of any of the foregoing) is and shall remain the exclusive property of Golf by James Warren, its licensors and its content providers, as applicable, and is protected by copyright, trademark and other applicable laws.

You may access, copy, download and print a single copy of any of the material contained on the Site for your own personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, copying, transfer or sale of, or the creation of derivative works from any material, obtained from the Site, is expressly prohibited.

Golf by James Warren, its licensors and content providers, as applicable, retain full and complete ownership and title to all material appearing on this Site, including to all associated copyright, trademark and other intellectual property rights therein. We provide this material to you under a limited, non-exclusive, non-transferable, non-sublicensable license that is revocable at any time in our sole discretion.

You may not use our contact information provided on the Site for unauthorized purposes, including marketing or other forms of solicitation.

You agree not to damage or interfere with the proper working of the Site or to surreptitiously intercept any data or personal information from the Site.

We reserve the right to refuse or cancel your access to this Site at any time and for any reason whatsoever. Termination of your access or use shall be in addition to and shall not be deemed to waive or affect any other remedy or relief to which we may be entitled, at law or in equity.

Material You Submit

Please not that, because we and our designees may host message boards and other forums found on the Site (Collectively, the "Forums") and, therefore, redistribute materials you give to us, we require certain rights in those materials. Accordingly, by sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Site, you grant us and our designees a worldwide, non-exclusive sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.

Information on our Forums is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Golf by James Warren. You acknowledge that a large volume of information may be available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Golf by James Warren community or others. The opinions expressed in the forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Golf by James Warren. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we be liable for any loss or damage caused by your reliance on such information obtained through the Site.

We have no obligation to monitor the Site or the Forums, or any Submissions or other materials that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.

Registration
Some features that may be available on this Site may require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

Some features on this Site may require use of a username and password. You are responsible for protecting your password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Golf by James Warren immediately. Golf by James Warren may assume that any communications Golf by James Warren receives under your password have been made by you.

Code of Conduct
While using the Site, you agree not to:

Restrict or inhibit any other visitor from using the Site, including, without limitation by means of "hacking" or defacing any portion of the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without any prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights or (b) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Remove any copyright, trademark or other proprietary rights notices contained in the Site;
"Frame" or "mirror" any part of the Site without our prior written authorization;
Harvest or collect information about Site visitors or members without their express consent;
Frame this Site or use our proprietary marks as meta tags, without our written consent;
Use frames or utilize framing techniques or technology to enclose any content included on the Site without Golf by James Warren’s express written consent; or
Utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without Golf by James Warren’s express written consent.

While using the Site, you agree to comply with all applicable laws, rules and regulations.

Links
This Site may contain links to other websites, some of which may be operated by Golf by James Warren or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other websites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites. Different terms and conditions apply to your use of any linked websites. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked website. Further, it is up to you to take precautions to ensure that whatever links you select or software you download therefrom is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Golf by James Warren is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.

Trademarks and Copyrights
The Site is owned and operated by Golf by James Warren in conjunction with others pursuant to contractual arrangements, and all material appearing on the Site (and any intellectual property and other rights relating thereto) are and will remain the property of Golf by James Warren and its licensors and suppliers. The materials appearing on the Site and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute any materials or other content or information available on or through the Site in any way without our prior written permission. The materials or other content or information may be used solely to the extent necessary for your authorized use of the Site, as provided in these Terms of Use or as expressly authorized in writing by Golf by James Warren or, if so indicated in writing by Golf by James Warren, its licensors or suppliers. Modification of the materials appearing on this Site or use of such materials for any other purpose is a violation of our copyright, trademark and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any of the material contained therein.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us at:   Address to come, New York, New York   Or by phone at: 212-000-0000   In order for us to more effectively assist you, the notification must include ALL of the following:

A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf; a description of the copyrighted work you claim has been infringed; information reasonably sufficient to locate the material in question on the Site; your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Golf by James Warren to contact you; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOLF BY JAMES WARREN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOLF BY JAMES WARREN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. GOLF BY JAMES WARREN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE.

RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOLF BY JAMES WARREN NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR THIRD PARTY CONTENT PROVIDERS INCLUDING IT OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES) WILL BE LIABLE FOR INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, INCLUDING FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY DELAY OR INABILITY TO USE THE SITE; ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; OR OUR REMOVAL OF ANY MATERIALS FROM THE SITE; OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE; AND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GOLF BY JAMES WARREN, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN ADDITION, THESE DISCLAIMERS APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL FURTHERMORE NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH GOLF BY JAMES WARREN IS TO DISCONTINUE YOUR USE OF THE SITE.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY DESIRE ASSERT AGAINST US ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE MUST BE ASSERTED, IF AT ALLY, ONLY WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OR SCOPE OF IMPLIED WARRANTIES, ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ON AVAILABLE DAMAGES, OR ON A CONTRACTUALLY BINDING PERIOD DURING WHICH A LEGAL CLAIM MAY BE ASSERTED, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CIRCUMSTANCES, SUCH LIMITATIONS SHALL BE ENFORCED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify, defend and hold harmless Golf by James Warren and our affiliates and our and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, (including reasonable attorneys’ fees and court costs), arising or resulting from (a) your breach of these Terms of Use, (b) any allegation that materials you submit or transmit to the Site infringe or violate the copyright, trademark, trade secret or other intellectual property right rights of any third party or (c) any of your other activities in connection with this Site.

Golf by James Warren reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Golf by James Warren in the defense of such matter.

Jurisdiction and Applicable Law
The laws of the State of New York, without regard to its principles of conflicts of law, shall govern these Terms of Use and your use of the Site. You irrevocably consent to the jurisdiction of the courts located in the County of New York, New York for any action arising out of or relating to these Terms of Use or your use of the Site and waive any jurisdictional, venue or inconvenient forum objections to such courts.

We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies means you accept the changes.

If at any time you do not agree to be bound by the most current version of the Terms of Use, please do not use this Site.

Entire Agreement
These Terms of Use, our Privacy Policy (also posted on the Site) and, in the event you purchase products from us through this Site, the Terms of Sale, constitute the entire agreement and understanding between you and Golf by James Warren with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

Severability
If any provision of this agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of Use and shall not affect the validity and enforceability of any remaining provisions.

How to Contact Us
If you have any questions or comments about these Terms of Use or this Site, please contact us by:

Calling us at: 646-810-3821
 Or through the internet at: www.golfbyjameswarren.com

Thank you for visiting our Site.