Terms of Service

Overview

Welcome to WYND GOLF. The terms "we", "us" and "our" refer to WYND GOLF. WYND GOLF operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services").

These Terms of Service, together with any policies referenced here, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

1. Access and account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide it.

2. Our products

We have made every effort to provide an accurate representation of our products in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device and its settings.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer.

3. Orders

When you place an order, you are making an offer to purchase. WYND GOLF reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until WYND GOLF confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

4. Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use that payment method, and that you will pay the charges incurred at the posted prices, including shipping and all applicable taxes.

5. Shipping and delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

6. Intellectual property

Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement of them, are owned by WYND GOLF, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. All rights not expressly granted are reserved by WYND GOLF.

7. Third-party links

The Services may contain materials and links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these sites, you do so at your own risk. Please review the third party's policies before you engage in any transaction with them.

8. Payment processing

Payments made through the Services are processed by Stripe. By making a purchase you agree that your payment details are handled by Stripe in accordance with its own terms and privacy policy. Any sales and purchases you make are made directly with WYND GOLF.

9. Privacy policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read it.

10. Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to all Feedback, and that your Feedback will not violate any right of any third party or contain unlawful, abusive or obscene material. We may, but have no obligation to, monitor, edit or remove Feedback we determine to be objectionable.

11. Errors, inaccuracies and omissions

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

12. Prohibited uses

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose; to violate any law; to infringe our intellectual property rights or those of others; to harass, abuse, defame or harm any person; to transmit false or misleading information; to send spam or unsolicited promotional material; to impersonate any person or entity; or to engage in conduct that restricts anyone's use or enjoyment of the Services.

You also agree not to upload or transmit viruses or malicious code; to reproduce, duplicate, copy, sell or exploit any portion of the Services; to collect or track the personal information of others; or to interfere with, bypass, or circumvent the security features we employ. We reserve the right to suspend or terminate your access at any time if we determine you have violated these Terms.

13. Termination

We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

14. Disclaimer of warranties

The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY WYND GOLF, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

15. Limitation of liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL WYND GOLF, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

16. Indemnification

You agree to indemnify, defend and hold harmless WYND GOLF and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.

17. Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed. Such a determination shall not affect the validity and enforceability of the remaining provisions.

18. Waiver; entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies posted by us on this site constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals. Any ambiguities shall not be construed against the drafting party.

19. Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

20. Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas. You and WYND GOLF consent to venue and personal jurisdiction in the federal and state courts located in Texas.

21. Changes to terms of service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to this website. It is your responsibility to check periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

22. Contact information

Questions about the Terms of Service should be sent to us at wyndgolf@gmail.com.

WYND GOLF
Texas, United States
wyndgolf@gmail.com