Terms of service
Welcome to PrimeTech Golf, a DBA registered name of Tobira Ventures LLC. By accessing or using our website (www.primetechgolf.com), you agree to be bound by the following Terms of Service. If you do not agree with these terms, please do not use our website. These Terms of Service constitute a legal agreement between you and PrimeTech Golf.
1. General Conditions
1.1. We reserve the right to refuse service to anyone for any reason at any time.
1.2. Your use of our website is at your sole risk. The service is provided on an "as is" and "as available" basis.
1.3. We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time.
1.4. Prices for our products are subject to change without notice.
1.5. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.
2. Products and Services
2.1. Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return and Refund Policy.
2.2. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
2.3. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
2.4. We reserve the right to limit the quantities of any products or services that we offer.
2.5. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
2.6. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
3. Accuracy of Billing and Account Information
3.1. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
3.2. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
3.3. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4. User Comments, Feedback, and Other Submissions
4.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.
4.2. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
4.3. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
5. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for more information.
6. Errors, Inaccuracies, and Omissions
6.1. Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
6.2. We undertake no obligation to update, amend, or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law.
7. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
8. Disclaimer of Warranties; Limitation of Liability
8.1. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
8.2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
8.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
8.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, 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.
8.5. In no case shall PrimeTech Golf, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, 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, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless PrimeTech Golf and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
10. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
11. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts