Terms of service

Terms of Use and Sale

Last Modified: May 5, 2020

Acceptance of the Terms

These terms of use and sale (the “Terms”) are entered into by and between you and PERFECT SWINGS USA LLC, a Virginia limited liability company (the “Company”, “we”, or “us”). The Terms govern (a) your access to and use of perfectswingsusa.com, including any content, functionality, and products offered on or through such website (the “Website”) and (b) any purchase you make through the Website.

Please read the Terms carefully before you start to use the Website. By using the Website, or by placing an order through the Website, you accept and agree to be bound and abide by the Terms. If you do not agree, then do not access or use the Website or purchase any products through the Website.

The Website is offered and available to users who are 13 years of age or older. By using the Website, you represent and warrant to us that you are 13 years of age or older. If you are not, then you must not access or use the Website. If you are between the ages of 13 and 18, then you may use the Website only with involvement of a parent or guardian.

Changes to the Terms

We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and such changes apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Website so that you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend the Website, and any product or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

Order Acceptance and Cancellation[1]

You agree that your order is an offer to buy, under the Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order will not take place unless and until you have received your order confirmation email.

Prices and Payment Terms

All prices posted on the Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, Amex, Discover, JCB, Diners Club, Shop Pay, Apple Pay, Google Pay, and Amazon Pay for all purchases. You represent and warrant to us that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon delivery.[2] Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds

Our Refund Policy[3] is incorporated by reference into the Terms.

LIMITED WARRANTY FOR SWING PATH TRAINERS AND TEMPO TRAINERS[4]

We warrant that, during the one year period beginning on the date of your purchase (the “Warranty Period”), we will, in our sole discretion, repair or replace any Swing Path Trainer or Tempo Trainer that is broken during proper use, free of charge. We will also pay for shipping and handling fees to return the repaired or replaced product to you. The Warranty Period is not extended if we repair or replace the product. We may change the availability of this limited warranty at our sole discretion, but any changes will not be retroactive.

We extend this limited warranty only to you (the original purchaser of the product). It does not extend to any subsequent or other owner or transferee of the product.

This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; or (g) external causes such as accidents, abuse, neglect, vandalism, or other actions or events beyond our reasonable control.

To obtain warranty service, you must go to the “Contact Us” page of the Website and submit an inquiry during the Warranty Period. Please select the “Customer service” option as the Department. All shipping to us must be pre-paid and insured. We will not be liable for packages that are lost during shipment to us.

This limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.

We limit the duration and remedies of all implied warranties, including without limitation the warranties of merchantability and fitness for a particular purpose to the duration of this express limited warranty.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE AND EXCLUSIVE LIABILITY, UNDER THIS WARRANTY SHALL BE REPAIR OR REPLACEMENT (IN OUR SOLE DISCRETION) OF THE BROKEN PRODUCT. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Terms permit you to use the Website for your personal, non-commercial use only.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Perfect Swings USA, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only in accordance with the Terms. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To transmit, or procure the sending of, any advertising or promotional material.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any device, software, or routine that interferes with the proper working of the Website.
Create or maintain any link from another website to any page on the Website without our prior written permission.

User Contributions

The Website may contain reviews and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations and must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Terminate, block, or suspend your access to all or part of the Website.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, then you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. Our designated copyright agent to receive DMCA notices is:[5]

PERFECT SWINGS USA LLC

1815 Beulah Rd

Vienna, Virginia 22182

(703) 429-9795

dmorabito@perfectswingsusa.com

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, then you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the Digital Millennium Copyright Act (“DMCA”).

It is our policy in appropriate circumstances to disable and/or terminate the accounts of Website users who are repeat infringers.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You

All information we collect on the Website is subject to our Privacy Policy,[6] which is incorporated by reference into the Terms.

Social Media Links and Other Communications

The Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Website.
Send emails or other communications with certain content, or links to certain content, on the Website.
Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, then you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the Commonwealth of Virginia in the United States of America. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, then you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND ITS CONTENT.

THE FOREGOING DISCLAIMERS (1) DO NOT APPLY TO THE PRODUCTS THAT WE SELL ON THE WEBSITE AND (2) DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE, UNDER ANY LEGAL THEORY AND EVEN IF FORESEEABLE, FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO OUR LIABILITY FOR (i) PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE. NOTHING IN THE TERMS PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES WHERE MANDATED BY STATUTE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms.

Governing Law and Jurisdiction

All matters relating to the Website and the Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, the Terms or the Website shall be instituted exclusively in the Circuit Court for Fairfax County, Virginia or the United States District Court for the Eastern District of Virginia, Alexandria Division. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Assignment

You shall not assign any of your rights or delegate any of your obligations under the Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under the Terms.

Waiver, Modification and Severability

No waiver by the Company of any term or condition set out in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. The waiver or modification of any right or provision of the Terms will be effective only if in writing and signed by a duly authorized representative of the Company.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

Where you visit or use our website, in any manner, we may use pixels, cookies, or other tracking technologies to associate your usage of our website with an associated email (through our third party vendors). Where applicable, we may contact you via such associated email address. If you wish to opt out of these services please visit: https://customers.ai/opt-out

Our website also recognizes the Global Privacy Control (GPC) signal, which enables you to opt-out of certain uses or disclosures of your information. If you notify us of your preference through GPC, we will treat such signal as a valid request to opt out of sharing / targeted advertising for the associated browser or device, and, if we are able to associate the device sending the signal to a Shopify account, we will apply the opt out request to the account as well. To learn more about Global Privacy Control, you can visit https://globalprivacycontrol.org/. Other than the Global Privacy Control, we do not recognize other “Do Not Track” signals that may be sent from your web browser or device.

Entire Agreement

The Terms, your order confirmation email, and the Privacy Policy[7] constitute the sole and entire agreement between you and the Company regarding the Website and any purchase you make through the Website. The Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and any purchase you make through the Website.