THIS IS AN AGREEMENT BETWEEN YOU AND TAMPAPROSHOP.COM
This is an agreement (“Agreement”) between you and Tampa Pro Shop the owner of the web site “TAMPAPROSHOP.COM.” This Agreement governs your use of any Web site or Web page operated by TAMPAPROSHOP.COM (collectively the “Web Sites”). You represent that you are at least 18 years of age, that you have attained the age of majority in the province, state or country in which you reside, and that any information that you submit to TAMPAPROSHOP.COM and/or the Web Sites is correct.
TAMPAPROSHOP.COM OFFERS THE USE OF THE WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT REQUIRES RESOLUTION OF DISPUTES WITH TAMPAPROSHOP.COM ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY USING THE WEB SITES, YOU ARE AGREEING TO WAIVE THE RIGHT TO SEEK RELIEF IN A COURT OF LAW OR AN ADMINISTRATIVE PROCEEDING. DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. YOU ARE DIRECTED TO SECTION 7 FOR FURTHER INFORMATION.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY, AND A LIMITATION ON TIME TO BRING A CLAIM (SEE SECTIONS 3, 4, AND 10 BELOW.)
UNDER NEW JERSEY LAW, SECTIONS 3, 4, AND/OR 10 MAY BE WHOLLY OR PARTIALLY UNENFORCEABLE AGAINST NEW JERSEY RESIDENTS.
THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
1. USE OF THIS SITE
The Web Sites may contain proprietary notices and copyright information, the terms of which must be observed and followed. Information on the Web Sites may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. TAMPAPROSHOP.COM and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if TAMPAPROSHOP.COM believes that customer conduct violates applicable law or is harmful to the interests of TAMPAPROSHOP.COM
2. CONDITIONS OF USE
By using the Web Sites, you signify your agreement to the following conditions of use without limitation or qualification, except as limited by applicable law. Please read these conditions carefully before using the Web Sites. TAMPAPROSHOP.COM may at any time revise these terms and conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions to which you are bound.
3. DISCLAIMER OF WARRANTIES
To the extent permitted by applicable law:
(a) The materials on the Web Sites are provided “as is” and without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
(b) TAMPAPROSHOP.COM does not warrant that the functions contained in the materials on the Web Sites will be uninterrupted or error-free, that defects will be corrected, or that the Web Sites or the server that makes them available are free of viruses or other harmful components.
(c) TAMPAPROSHOP.COM does not warrant or make any representations regarding the use or the results of the use of the materials on the Web Sites in terms of their correctness, accuracy, reliability, or otherwise.
(d) You (and not TAMPAPROSHOP.COM) assume the entire cost of all necessary servicing, repair, or correction.
(e) Links to other sites may be available for access through the Web Sites. Such external Internet addresses contain information created, published, maintained or otherwise posted by organizations independent of TAMPAPROSHOP.COM . TAMPAPROSHOP.COM does not endorse, approve or certify any information, product or service referenced or provided at such addresses.
4. LIMITATION OF LIABILITY
While TAMPAPROSHOP.COM uses reasonable efforts to include accurate and up-to-date information on the Web Sites, errors or omissions may occur. To the extent permitted by applicable law:
(a) TAMPAPROSHOP.COM makes no warranties or representations as to the accuracy of the Web Sites;
(b) Under no circumstances including, but not limited to, negligence by act or omission, shall TAMPAPROSHOP.COM . or any party involved in creating, producing, or delivering the Web Sites be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on the Web Sites, even if TAMPAPROSHOP.COM or a TAMPAPROSHOP.COM authorized representative has been advised of the possibility of such damages.
IN NO EVENT SHALL TAMPAPROSHOP.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE WEB SITES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS CONTAINED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
TAMPAPROSHOP.COM assumes no responsibility and shall not be liable for any damages due to viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing the Web Sites or your downloading of any materials, data, text, images, video, or audio from the Web Sites.
5. RESTRICTIONS ON USE OF MATERIALS
The Web Sites are owned by TAMPAPROSHOP.COM . Except as otherwise permitted by TAMPAPROSHOP.COM , no materials from the Web Sites or any website owned, operated, licensed or controlled by TAMPAPROSHOP.COM may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Web Sites for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Web Sites for public or commercial purposes, including the text, images, audio, and video, without TAMPAPROSHOP.COM written permission. TAMPAPROSHOP.COM neither warrants nor represents that your use of materials displayed on the Web Sites will not infringe rights of third parties not owned by or affiliated with TAMPAPROSHOP.COM .
6. JURISDICTIONAL ISSUES
The Web Sites are controlled and operated by TAMPAPROSHOP.COM from its offices within the State of New York, United States of America. TAMPAPROSHOP.COM makes no representation that materials on the Web Sites are appropriate or available for use in other locations. Those who choose to access the Web Sites from other locations do so on their own initiative and are responsible for compliance with local laws.
7. ARBITRATION, CLASS ACTION WAIVER, AND CHOICE OF LAW
You agree to arbitrate all disputes and claims between us. BY AGREEING TO ARBITRATE ALL DISPUTES AND CLAIMS, YOU ARE AGREEING TO WAIVE THE RIGHT TO SEEK RELIEF IN A COURT OF LAW OR IN AN ADMINISTRATIVE PROCEEDING. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
References to “TAMPAPROSHOP.COM ” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individualized action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TAMPAPROSHOP.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to TAMPAPROSHOP.COM should be addressed to: 10311 WESTPARK PRESERVE BLVD TAMPA, FL 33625 United States of America. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If TAMPAPROSHOP.COM and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TAMPAPROSHOP.COM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TAMPAPROSHOP.COM or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TAMPAPROSHOP.COM is entitled.
The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. The AAA Rules are available online at adr.org or by calling the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse TAMPAPROSHOP.COM for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AGREE TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSIDER OR RESOLVE ANY CLAIM OR ISSUE ANY RELIEF ON ANY BASIS OTHER THAN AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSIDER OR RESOLVE ANY CLAIM OR ISSUE ANY RELIEF ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. Further, unless both you and TAMPAPROSHOP.COM agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from arbitration and may be brought in court.
Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of FLORIDA, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in HILLSBOROUGH County, FLORIDA, USA in all non-arbitrated disputes arising out of or relating to the use of TAMPAPROSHOP.COM.
8. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. TAMPAPROSHOP.COM may assign this Agreement, in whole or in part, at any time with or without notice to you. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and TAMPAPROSHOP.COM, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TAMPAPROSHOP.COM with respect to the TAMPAPROSHOP.COM Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
9. NEWSLETTER SIGN-UP AND GUARANTEES
TAMPAPROSHOP.COM guarantees the privacy of all our newsletter subscribers and will never share or rent any of our subscribers’ information to a 3rd party. TAMPAPROSHOP.COM newsletters include promotional material for our customers including but not limited to updates on our latest golf equipment, price changes and coupons for use at TAMPAPROSHOP.COM. Easy and instant opt out links are included within all of our email sends and all subscribers may also email in order to opt out of our newsletter list.
10. YOU MAY HAVE LIMITED TIME TO BRING YOUR CLAIM
Except as prohibited by applicable law, you and TAMPAPROSHOP.COM agree that any cause of action arising out of or related to the TAMPAPROSHOP.COM Web Sites must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
11. TRADEMARKS/SERVICE MARKS AND COPYRIGHTS
Images displayed on the Web Sites are either the property of, or used with permission by, TAMPAPROSHOP.COM. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Nothing contained on the Web Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on the Web Sites without the written permission of TAMPAPROSHOP.COM or such third party that may own the trademarks or service marks displayed on the Web Sites. Your use of the trademarks or service marks displayed on the Web Sites, or any other content on the Web Sites, except as provided herein, is strictly prohibited.
Inquiries concerning use of TAMPAPROSHOP.COM trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to the following areas: TAMPAPROSHOP.COM, Corporate Legal Department, 10311 WESTPARK PRESERVE BLVD TAMPA, FL 33625 United States of America.
Any communications or material you transmit to the Web Sites by electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as nonconfidential and nonproprietary and will become the property of TAMPAPROSHOP.COM. Such communications or material shall be used for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, TAMPAPROSHOP.COM is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Sites for any purpose whatsoever including, but not limited to, developing and marketing products using such information.
12. THIRD-PARTY WEB BEACONS
The below companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection and use of your personal data and your rights, please use the below links.
13. TRADEMARKS/SERVICE MARK NOTICES
TAMPAPROSHOP.COM Is a registered trademark of TAMPAPROSHOP.COM. All information and content including any software programs available on or through the Web Sites (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Web Sites for commercial or public purposes. We are very protective of our trademarks and service marks. All use of these marks must be with our permission. We will file appropriate legal actions to enjoin the unauthorized use of these marks. Under the law, we would be entitled to collect your profits, our actual damages and, perhaps, our attorney fees. We thank you for your cooperation.
14. SALES & USE TAX NOTIFICATION
Purchases outside of New York and Virginia may be subject to Sales & Use Tax remittance by the purchaser unless the purchase is exempt from taxation. The purchase is not exempt merely because it is made over the internet, by catalog, or by other remote means. Some States require purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt by their State law. The tax may be reported and paid on individual income tax returns or by filing a consumer use tax return with their State. States under this policy known to us include Kentucky and Oklahoma, but others may also qualify. Please contact your State agency to determine applicable requirements.