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ShaftShack.com Terms of Service
The following Terms of Service (“Terms”) between you (“you” or “your”) and ShaftShack.com, LLC (“we,” “our,” “us,” or “SS.com”) describes the terms and conditions on which you may access and use the SS.com website located at shaftshack.com (the “Site”), the SS.com mobile app (the “App”) and related services including SS.com’s product rental and sale services (together with the Site, the App, and the SS.com Content, as defined below, the “Services”). These Terms also apply to in-store rentals and sales, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you are agreeing to the Arbitration Agreement (unless you follow the opt out procedure) and class action waiver described in Section 8 of these Terms to resolve any disputes with SS.com.
NEED TO HYPERLINK THESE TO THE SECTION
a. About the Services
b. Rental/Demo and Sale of Products
c. Special Trial Programs
d. Use of the Services
e. Intellectual Property
g. Disclaimer of Warranties; Limitation of Liability
h. Dispute Resolution, Arbitration and Class Action Waiver
1. ABOUT THE SERVICES
Through the Services, we aim to give you access to premium aftermarket golf equipment for rent and/or purchase, and other content to help you decide which items are best for you.
B. Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any item(s) (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
D. Modification of the Services or the Terms
SS.com may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, SS.com will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to SS.com upon registration.
2. RENTAL/DEMO AND SALE OF PRODUCTS
A. General Conditions
The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.
18 Years or Older. Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
Limits. You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason, including but not limited to availability concerns.
Delivery. All deliveries outside of Denver, CO will be through SS.com's shipping partners, which may change from time to time at SS.com’s discretion. The shipping method used will be at the discretion of SS.com.
Collections. If you do not pay the amounts you owe to SS.com when due, then SS.com will need to institute collection procedures. You agree to pay SS.com’s costs of collection, including without limitation reasonable attorneys' fees.
The following additional conditions apply to the rental/demo of any Product.
Rental/Demo Fee. The rental/demo fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorize SS.com to charge your payment card for the Rental Fee. SS.com will charge your payment card the amount of the Rental Fee immediately upon your rental order. In addition, at the time of your rental order for a Product, you hereby authorize SS.com to charge your payment card for an amount equal to 200% of the original retail value of the Product (when new) set forth on the Site or App (“Retail Value”) plus applicable sales taxes; provided that SS.com will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by SS.com, shall be paid by you to SS.com in connection with your rental order.
Return Packaging. With delivery of the Product, SS.com will provide you with a pre-paid, pre-addressed return label for your use in returning the Products to SS.com (“Return Packaging”) in the same mailing container that was used to send the products to You, unless broken damaged, or lost otherwise. In which case, arrangements, prior to returning items, with SS.com must be made for the proper return delivery of rental products per SS.com’s satisfaction.
Receipt of the Products. Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in Denver, CO by courier service, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual will be physically present to sign for and receive Product(s). In the event that an unsecure shipping address is provided, SS.com does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which SS.com will not be liable. You will be liable for all such delays and additional delivery fees.
Use of the Products. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, normal play or any other cause, other than normal use and tear. Normal use encompasses use of the item for hitting of golf balls by and with a securely attached club head and/or during transport from home to a driving range and/or golf course. If you return a Product that is damaged beyond normal use, then you agree that we shall charge you, and you shall pay, for the price for replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
Return of the Products; Extensions. You agree to return the Products to SS.com in the Mailing Package Tube on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order for a Product on the Site, App or by phone to SS.com; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. You must return the Product by delivering the Product in the Return Packaging to a valid shipping entity located in the United States on or before the date that the Product is due.
Late Fees. If you return the Products late or not at all, a late fee of a prorated daily amount, based on the original rental fee total, will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to SS.com for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (14) days after the return date for the Product, your late return will be considered a non-return and SS.com will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid, plus applicable sales tax.
Payment of 200% Retail Value. SS.com will not charge you for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay SS.com an amount equal to 200% of the Retail Value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
Lost Return Packaging. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing SS.com with a tracking number. You must contact us prior to retuning the items to ensure proper packing and insurance. A $15 charge will also be applied for the lost packaging.
Limited Warranties. The following are the limited warranties SS.com provides in connection with Product rentals. SS.com’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by SS.com. See Section 7(A) below.
The following additional conditions apply to the sale of any Product.
Rental Products are Used; All Sales are Final and “As Is.” You acknowledge and agree that only those Products designated by us on the Site or App as available for purchase are eligible for purchase by you. In the event you want to purchase any of the rental products in your possession, you may do so by making an agreement with SS.com prior. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
Rental Purchase Price. The rental purchase price (“Purchase Price”) for the Rental Products will be the purchase fee and delivery charges listed on the Site or App in connection with your purchase of the Products. Upon your purchase order for a Product, you hereby authorize SS.com to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by SS.com, shall be paid by you to SS.com in connection with your purchase order. Purchase orders are final and cannot be cancelled.
New Product Purchase. The purchase of a new Product can also be made on the SS.com site. Upon your purchase order for a Product, you hereby authorize SS.com to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by SS.com, shall be paid by you to SS.com in connection with your purchase order. Purchase orders are final and cannot be cancelled. Please allow 10-14 days for processing, assembly, and shipment. In the event more time is required, SS.com will contact you with any status information.
3. SPECIAL TRIAL PROGRAMS
A. General Conditions
SS.com may provide certain trial programs, as described under this Section 3 from time to time. This Section 3(A) sets out terms and conditions that apply to your participation in any of these programs (“SS.com Pro”). Section 3(B) sets out additional terms and conditions that may apply.
Changes to Programs. SS.com reserves the right to add, remove or modify trial program benefits at any time, but we will use reasonable efforts to notify you of any material changes. In the event of any such material change, you may cancel your subscription immediately upon notice to us, and we will give you a prorated refund for the remainder of your current subscription period. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Failure to Pay Fees. We reserve the right to pursue any amounts you fail to pay in connection with any trial program in accordance with these Terms.
Termination. We may terminate any of the trial programs, or your membership in any of these programs, at any time. If we do so, we will give you a prorated refund for the remainder of your current subscription period. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms or conditions set out in these Terms or any applicable law.
B. SS.com Pro
The following additional terms and conditions apply if you subscribe to our SS.com Pro service (“SS.com Pro”).
SS.com Pro Service. If you subscribe to SS.com Pro, you will be entitled to certain benefits when you rent Products, as more fully described here.
Fees. If you subscribe to SS.com Pro, SS.com will charge you an annual subscription fee. The current SS.com Pro subscription fee is set out here, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorize SS.com or our third party payment processor to charge your payment card for the applicable SS.com Pro subscription fee. SS.com Pro subscription fees are non-refundable except as expressly set forth below. Taxes may apply on SS.com Pro subscription fees.
Subscription Cancellation and Renewal. You may cancel SS.com Pro at any time, but your cancellation will be effective at the end of the current annual subscription period. This means your SS.com Pro subscription will continue for the remainder of that period and you will not receive a refund. Your SS.com Pro subscription will expire at the end of the annual subscription period. We will use reasonable efforts to notify you in advance of your SS.com Pro annual expiration date. You may cancel or renew SS.com Pro or find out more information about your SS.com Pro subscription, including your annual expiration date, by contacting: firstname.lastname@example.org.
Delivery. All deliveries will be through SS.com 's shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of SS.com. We will provide you with information about estimated delivery and arrival times of SS.com Pro Program Products through the Site or App. The Products we send to you will be inspected for cleanliness, damage, and structural integrity. We professionally clean, sterilize and inspect each Product we send to you, but use of the Products is at your own risk and SS.com shall not be held liable for any health-related complaints associated with any Product.
Returns. With each shipment of Products we send you, we will include one Return Shipping Label, which you can use to return one (1), some or all of the SS.com Pro Program Products you currently have. If you have three (3) Products, you must return at least one (1) Product to us in order to be eligible to receive another. When we receive any returned Products from you, the next shipment we send you will contain the same number of Products that you have returned. We will use reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of a Product and receipt of a new Product through Unlimited. You agree to return any Product using the Return Packaging (as defined in Section 2(B)).
Additional Obligations. Without limiting the application of the rest of these Terms, all of your obligations set out under Sections 2(A) and (B), including but not limited to the obligations relating to receipt and care of Products, apply to your participation in SS.com Pro, except to the extent they conflict with this Section 3(C). Except as expressly stated in this Section 3(C), none of the limited warranties set out under Section 2(B) apply to SS.com Pro Products.
Damage, Failure to Return Products. Unless you cancel your SS.com Pro subscription, it will automatically renew on a monthly basis. You expressly authorize us to collect the applicable subscription fee and any taxes, using any payment card on record for you, in connection with any such autorenewal. You may cancel your SS.com Pro subscription or find out more information about your SS.com Pro subscription, including your monthly renewal date, by contacting: email@example.com. As soon as you cancel, you will not be eligible to receive any additional Products through SS.com Pro. You may continue to keep Products you have already received through SS.com Pro, but you must return to SS.com all such Products on or before the last day of the monthly subscription period during which you cancel. You will not be entitled to any refund of subscription fees.
Changes to and Termination of SS.com Pro. As SS.com Pro is a beta program, we reserve the right to modify SS.com Pro (including the monthly subscription fee) or terminate SS.com Pro or your SS.com Pro subscription at our sole discretion. If we terminate your SS.com Pro subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current monthly subscription, or (b) continued access to SS.com Pro for the remainder of that monthly period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access to SS.com Pro for the remainder of that monthly period of your subscription, you will continue to have access to SS.com Pro during that period, except that we will not send you any Products within ten (10) days of the end of that period. Prior to the end of that period (or, if we do not provide you with continued access to SS.com Pro, immediately upon our termination of SS.com Pro or your SS.com Pro subscription), you must also return to SS.com all Products you have received in connection with the SS.com Pro program.
4. Use of the Services
A. SS.com Content
Content Provided “As Is.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, suggestions from SS.com representatives and photos and comments from other users (“SS.com Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The SS.com Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any SS.com Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the SS.com Content.
Updates. We may update the SS.com Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to: firstname.lastname@example.org. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
B. Third Party Content
Links to Third-Party Websites. The Services may contain links or references to non- SS.com websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and SS.com is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from SS.com, and SS.com has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that SS.com endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
C. Acceptable Use Policy
Use of SS.com Content. No part of the Services, including the SS.com Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that SS.com authorizes you to view, copy, download, and print SS.com Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the SS.com Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the SS.com Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the SS.com Content.
Use of the Services. You may not use the Services to: (i) transmit any content, information or other materials that are, or which SS.com considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a SS.com representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend SS.com and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Term.
D. Your Content
If you post, upload or make available to SS.com or the Services, or otherwise submit to or through SS.com as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to SS.com a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize SS.com to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content 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 Your Content.
E. Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify SS.com promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the SS.com Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
G. Job Postings
SS.com may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
5. INTELLECTUAL PROPERTY
A. Ownership of the Services
The Services, including the SS.com Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of SS.com and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “ShaftShack.com” and the SS.com logo are registered trademarks of Brother’s Golf LLC, under the applicable laws of the United States and/or other countries. Other SS.com product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of SS.com and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. SS.com and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any SS.com Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of SS.com or such third party that may own such SS.com Content.
B. Services License
Subject to your compliance with these Terms, SS.com grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
C. App License
Subject to the terms of these Terms, SS.com grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use of the App in object code form only on an interactive wireless device that you own or control.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that SS.com may use your Feedback without restriction or obligation to you or any third party.
E. Notice and Take Down Procedures; Copyright Agent
If you believe any SS.com Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting SS.com’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
SS.com's agent for copyright issues relating to the Services is as follows:
Copyright Agent Brother’s Golf, LLC 190 E 9th Ave Suite 500 Denver, CO 80203 E-Mail address: email@example.com.
In an effort to protect the rights of copyright owners, SS.com maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
A. Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at: firstname.lastname@example.org. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
B. Termination By SS.com
Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. SS.com may also terminate your account if SS.com determines that your conduct poses a risk or liability to SS.com, or for any other reason as determined by SS.com in its sole discretion.
C. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 3(A) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. Limited Warranties
The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by SS.com in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and SS.com 's sole and exclusive liability for a breach by SS.com of the limited warranties set out in Section 2(B) shall be, at SS.com 's option, SS.com 's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
B. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, SS.COM DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE SS.COM CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
C. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SS.COM BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF SS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.
8. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 8 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
A. Informal Process First
You agree that in the event of any dispute between you and SS.com, you will first contact SS.com and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
B. Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of SS.com’s Services and/or Products, or relating in any way to SS.com’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and SS.com. However, this arbitration agreement does not (a) govern any Claim by SS.com for infringement of its intellectual property or access to the Services that (including the Site and App) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access this Site or App or the date you receive any Services by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and SS.com are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Brother’s Golf, LLC, Attn: Legal, 190 E 9th Ave Suite 500 Denver, CO 80203.