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Terms & Conditions

Terms of Service for the Seamus Golf Website



Please read these terms of service and conditions of use carefully before using this website. By using this website, you signify your consent to these terms of service in addition to any other law or regulation that applies to the website, the Internet, and/or the World Wide Web. If you do not agree to these terms of service and conditions of use please do not use the website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Seamus Golf LLC (“Seamus Golf”) website following the posting of changes to these terms (including the Seamus Golf Privacy Policy) will mean you accept those changes. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE.



Privacy

These terms include and are subject to the Seamus Golf Privacy Policy located at 9610 SW Sunshine Ct, Suite 100, Beaverton, OR.



Copyright and Ownership



This website is owned and operated by Seamus Golf and its affiliates. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Seamus Golf, its licensors and/or its content providers. All elements of Seamus Golf websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. This website, its Content and all related rights shall remain the exclusive property of Seamus Golf or its licensors unless otherwise expressly agreed.



Restrictions on Use of Materials



Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print, forward, and download documents, audio and video (as applicable) found on our website for personal, informational, and noncommercial purposes only. Except as permitted above, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on this website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on this website.



Corporate Identification, Site Content & Trademarks



All trademarks, service marks and trade names of Seamus Golf used herein (including but not limited to: the Seamus Golf name, the Seamus Golf corporate logo and the Seamus Golf design) are trademarks or registered trademarks of Seamus Golf or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Seamus Golf trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Seamus Golf's prior written consent. The use of Seamus Golf trademarks on any other website or network computer environment is not allowed. You may not use the Seamus Golf trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.



Links to Third Parties



This website may contain hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Seamus Golf of, or any affiliation with, or endorsement by, the owner of the linked site. Seamus Golf is not responsible for the contents or use of any linked site, or any consequence of making the link.



Fees



For all charges for any products and services sold on the website, Seamus Golf will bill your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse Seamus Golf for all expenses incurred to recover sums due, including attorneys fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this website.



Risk of Loss



All items purchased from Seamus Golf are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.



Product Descriptions



Seamus Golf and its affiliates attempt to describe its products as accurately as possible. Seamus Golf does not, however, warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Seamus Golf is not as described, your sole remedy is to return it in unused condition.



Shopping Cart



Items will remain in the cart for 5 minutes. If the item is not purchased within this time then the basket will be refreshed. Returning items to the basket once refreshed will depend on the availability of the item.



Pricing



All prices are listed in U.S. dollars. We cannot confirm the price of an item until you order, but please note that we do NOT charge your credit card until your order enters the shipping process.



Shipping



Seamus Golf will ship to any address in the continental United States. Seamus Golf will estimate shipping and delivery dates for you, based on the availability of your items and the shipping options you choose. Shipping date estimates will appear in the order form. Your shipping costs depend upon the methods and options you choose. Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.



Returns



Within 30 days of receipt of your shipment, you may return your purchase to Seamus Golf for any reason, for a full refund (we'll also refund the shipping cost if the return is a result of our error). We cannot exchange items unless they are defective or damaged. Items that are returned more than 30 days after delivery, are in unsellable condition, or are missing parts will be charged a restocking fee at our discretion. We cannot accept items returned after 60 days.



Cancelled/Declined Orders



Your order can be changed or cancelled at any time before your order is shipped. Contact us to arrange cancellation of your order.



We reserve the right to cancel an order and/or to place a stop on your order if:

(a) your order is not accepted at the nominated delivery address; or

(b) we believe (or reasonably suspect) that your order is fraudulent or you have otherwise breached these terms of service and conditions of use.



Termination



These terms will continue as an agreement between us until we terminate them, which we may do at any time without notice to you. We also may terminate your right to use this website immediately and without notice to you if, in our sole discretion, you fail to comply with any of these terms. If we do terminate your right to use this website, then you are no longer authorized to access or use any of the benefits of this website. In addition, the restrictions we have imposed on you concerning copying or downloading information, and the disclaimers and limitations or liabilities that we have stated in the terms, will survive our termination of the agreement. The terms that we have stated on this website are the entire agreement between us relating to each of the issues discussed in these terms.



Disclaimer



Your use of and browsing of this website are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SEAMUS GOLF MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. SEAMUS GOLF DOES NOT WARRANT THE MATERIAL ON THIS WEBSITE WILL BE RELIABLE, ACCURATE OR COMPLETE, THAT YOUR ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE OR ANY MATERIALS AVAILABLE ON THE WEBSITE WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SEAMUS GOLF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SEAMUS GOLF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.



Indemnification



You agree to defend, indemnify and hold Seamus Golf and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorized users.



Limitation of Liability



IN NO EVENT SHALL SEAMUS GOLF BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT OR MATERIALS AVAILABLE THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF SEAMUS GOLF OR A SEAMUS GOLF AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SEAMUS GOLF'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO SEAMUS GOLF.



No Endorsement

You shall not use Seamus Golf’s name or any language, pictures or symbols which could, in Seamus Golf's judgment, imply Seamus Golf’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

Force Majeure

Neither Seamus Golf nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.



Governing Law



This Website is created and controlled by Seamus Golf in the State of Oregon. These disclaimers, terms, and conditions of use are governed by the laws of the State of Oregon. By using this website, you hereby consent to the exclusive jurisdiction and venue of courts in Washington County, Oregon in all disputes arising out of or relating to the use of this Website. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Seamus Golf’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.



Additional Terms



Additional terms and conditions may apply to the purchase of product and other uses of this website. By using this website, you agree to such terms and conditions.



Entire Agreement



These terms and conditions are the entire agreement between the user and Seamus Golf and supersede any prior understandings or agreements (written or oral).



Copyright



All text, images, animation, videos, music, sounds, website design, graphics, text selections, arrangements, and all software are Copyright © 2014, Seamus Golf, Inc.