Pre-Sale Terms and Conditions
Thank you for pre-ordering your Full Swing KIT product! We are excited to bring our product to market, which would not be possible without your help. Below are the terms and conditions regarding your pre-order.
- Agreement to Purchase
By pre-ordering your product (the “Product”) and making the pre-order payment (the “Pre-Order Payment”), you agree to complete the transaction by paying the entire balance of the purchase price of the Product and then taking delivery of the Product from Full Swing Golf and its affiliates (the “Company”) according to the terms and conditions herein (the “Terms and Conditions”).
Please review these Terms and Conditions carefully and select “Checkout” to agree. If you object to any of these Terms and Conditions, your sole recourse is to not proceed and Checkout.
- Delivery; Your Cancellation; Transfer and/or Assignment Prohibition
The stated delivery date is only our best estimate, with which we will diligently attempt to comply. Once the Product is ready to ship, we will notify you through your preferred contact method so you can pay the balance of the amount owed for your Product, after which we will deliver the Product to you via U.S. Mail or Canada Post. Until the Product is ready to be shipped, you may cancel your pre-order at any time by emailing us at [email protected]. Upon cancellation, you will be entitled to a full refund or your Pre-Order Payment. You will receive your full refund within ten business days of the written cancellation.
You may not transfer or assign your pre-order or any other rights under these Terms and Conditions.
- Reservation Eligibility: Age and Residency; Entity Reservations
You agree that you are at least eighteen (18) years of age or the age of majority as determined by the laws of your state or territory of residency and a resident of the United States or Canada in order to accept these Terms and Conditions. The Company may cancel your pre-order and refund your Pre-Order Payment at any time if the Company determines that you are an ineligible party.
- Alternative Dispute Resolution; Governing Law
Please read this provision carefully, which is the sole dispute resolution process between you and the Company.
If you have a concern or dispute, please send us a written notice to [email protected] detailing the concern or dispute and we will diligently attempt to resolve the matter.
If we are unable to resolve your concern or dispute within sixty (60) days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and the Company will not be decided by a judge or jury, the right to which the parties hereby waive, but instead shall be determined by confidential binding arbitration in San Diego County, California, City of Carlsbad or City of San Diego, before one arbitrator in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party shall be awarded its reasonable attorney fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM FROM OTHER CURRENT OR FORMER USERS OF THE SITE OR OTHERWISE RELATED TO THE PRE-ORDER OR ANY OTHER RESERVATIONS. NO CLAIM BROUGHT UNDER THIS AGREEMENT SHALL PROCEED AS A CLASS ACTION.
- Limitation of Liability
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR PRE-ORDER, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR PRE-ORDER PAYMENT.
- Resellers Prohibited; Company Cancellation
The Company sells its products directly to the end-consumer and accordingly may unilaterally cancel any pre-order that we believe has been made with the intent to resell the products or that has otherwise been made in bad faith, in its sole discretion.
- Waiver of Contractual Right
The failure of either party to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms and Conditions.
- Force Majeure
Your pre-order does not create liability for the Company or you for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, pandemic, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood, pandemic or any other natural or man-made eventuality outside of our control.
- Severability; Entire Agreement
If any provision of these Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. These Terms and Conditions represent the entire agreement governing your pre-order.