Last Updated: December 10, 2020
These Order Terms (the “Order Terms”) set forth the terms upon which Arccos Golf LLC ("Arccos Golf", "we", "us" or "our") sells, and you order and purchase, the Arccos Golf sensors and other physical products, services and Subscriptions (the "Products") offered by Arccos Golf through the website www.arccosgolf.com (the "Website") or our mobile device applications (collectively, the “App”), as each may be updated by us from time to time. For simplicity, all provisions in these Order Terms relating to purchases made through the Website apply equally to purchases made through the App. The term “you” (and “your”) means you, individually, or (if you are acting on behalf of your company or another organization) the entity you represent.
THESE ORDER TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.
THESE ORDER TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE ORDER TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE ORDER TERMS. ACCEPTANCE OF THESE ORDER TERMS CREATES A BINDING, LEGAL AGREEMENT BETWEEN YOU AND ARCCOS GOLF. YOUR PURCHASE OF PRODUCTS IS ENTIRELY CONDITIONED ON AND SUBJECT TO YOUR COMPLIANCE WITH THESE ORDER TERMS AND THE OTHER DOCUMENTS INCORPORATED HEREIN. IF YOU DO NOT AGREE WITH THESE ORDER TERMS, DO NOT ORDER PRODUCTS.
2.1 Order Acceptance. You may submit an order for Products through the Website. Orders submitted by you are an offer to buy, under these Order Terms, the Products listed in your order. We are not obligated to sell the Products to you until we accept the order. We may choose not to accept any orders in our sole discretion. We may accept orders by sending you a confirmation email (with your order number and details of the Products ordered) or by shipping the Products to you.
2.2 Shipping. We will arrange for shipment to you of the physical Products. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
2.3 Delivery. Arccos Golf will use reasonable commercial efforts to deliver the Product in a timely manner and as described on the Website. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Title and risk of loss pass to you upon our transfer of the Products to the carrier.
2.4 Cancellation. Upon written request from you received prior to shipment of any physical Product, Arccos Golf will cancel your order and process a full refund to you. Subscriptions may be cancelled as provided in Section 4.3 below.
3. PRICING AND PAYMENT.
3.1 Prices. 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 changes will only apply to orders placed after such changes are announced by Arccos Golf. Posted Product prices do not include taxes or fees, including but not limited to sales tax, use tax, value added tax, customs fees or duties, or charges for shipping and handling. All such taxes that Arccos Golf is required by law to collect and prepaid shipping and handling charges will be added to your Product total and will be itemized in your shopping cart and in your order confirmation email. Other taxes and fees will be assessed and collected as required by the applicable taxing jurisdiction. We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any orders that are affected by such errors.
3.2 Payment Terms. Unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. Your Payment Method (as defined herein) will be charged by us or our e-commerce platform immediately upon your placement of an order through the Website.
3.3 Payment Methods. You agree to pay charges incurred by you at the posted price, including all shipping and handling and all applicable taxes, if any. We or our e-commerce platform accept certain debit cards, credit cards, PayPal and other payment methods specified on the Website for purchases from us. To pay any fee, you must designate and provide information about your preferred payment method (the “Payment Method”). If you provide your payment information, you authorize us and our third-party payment processors to receive, store and encrypt your payment information. You represent and warrant that the information that you supply for your Payment Method is true, correct and complete; that you are authorized to use such Payment Method for this purpose; and that charges incurred by you will be honored by your bank, credit card company or other payment processing service.
3.4 No Refunds. No refunds or credits will be provided by Arccos Golf, other than as set forth in these Order Terms.
4.1 Generally. In order for you to use the App to capture data in connection with your golfing (“Golf Data”), to upload your Golf Data from the App to the Website, or for you to be granted access to certain data or services, you will be required to acquire a subscription from Arccos Golf (a “Subscription”). Subscriptions may be available at no charge by special offer. Subscription fees, along with any required taxes, shall be paid on a periodic basis as indicated when you purchase the Subscription. All Subscription fees are payable in advance. If you change the frequency of renewal for your Subscription, the adjusted rate will take effect at the next billing date. If you upgrade your Subscription or add new categories of service to your account, such changes may result in a new Subscription renewal date. You agree to pay the Subscription fees and other charges you incur in connection with your Subscription, whether on a one-time or periodic basis. Arccos Golf reserves the right to increase Subscription fees or to institute new fees at any time upon reasonable advance notice. Such changes, if any, will be effective on your next Subscription renewal date.
4.2 Trial Periods. If you are provided a free trial period for your Subscription, then the free trial period will last for the period of time specified when you enrolled. Free trials may be provided as part of the purchase of an Arccos Golf sensor product or a third-party product that incorporates an Arccos Golf sensor product. Free trials may not be combined with certain other offers, as specified. If you begin your Subscription with a free trial, we will begin billing your Payment Method for the periodic Subscription fees at the end of the free trial period of your Subscription, unless you cancel your Subscription prior to the end of the free trial period. Your Payment Method will be authorized as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.
4.3 Renewal and Cancellation. Your Subscription and your obligation to pay the associated fee will auto-renew until your Subscription is terminated. You may cancel your Subscription at any time by contacting Arccos Golf prior to the end of your then-current Subscription term. When you request cancellation of your Subscription, your Subscription will terminate immediately and you will lose, as applicable, access to all Golf Data collected using the App and stored on the mobile device(s) on which the App is installed, and on the Website, and other data and services made available through the Subscription.
5. RETURNS AND REFUNDS.
5.1 30-Day Right of Return. Except for any Products designated on the Website as non-returnable, Arccos Golf will accept a return of physical Products purchased through the Website, for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery and such Products are returned in their original condition. Before you return Products, you must email our Returns Department at email@example.com to obtain a Return Authorization Number (”RA Number”) before shipping your product. No returns of any type will be accepted without an RA Number. This right of return does not apply to Products purchased from any source other than the Website.
5.2 Refunds. Refunds are processed as soon as reasonably practicable after of our receipt of your Product. Your refund will be credited to the same Payment Method used to make the original purchase on the Website.
6.1 Hardware Warranty Terms. Arccos Golf warrants its physical Products purchased through the Website as provided in its “Product Limited Warranty” (the “Hardware Warranty”).
6.2 Use Outside the United States. We make no representation that any Product available through the Website is appropriate or available for use in locations outside of the United States, and accessing the Product or associated services from territories where the Product or associated services are illegal is prohibited. By accessing the Website from other locations, you do so on your own initiative and you are responsible for compliance with local laws.
8.1 Applicable Law and Jurisdiction. All matters relating to these Order Terms or the purchase of any Product, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) (collectively “Claims”), shall be governed by and construed in accordance with the internal laws of the State of Delaware, USA, without giving effect to any choice or conflict of law provision or rule. Subject to Section 8.2, all Claims shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, USA, in each case with jurisdiction over Wilmington, Delaware, although we retain the right to bring any Claim against you in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
8.3 Limitation on Time to File Claims. Any Claim you may have must be commenced within one (1) year after the cause of action accrues. Otherwise, such Claim is permanently barred.
8.4 Waiver and Severability. No waiver by Arccos Golf of any term or condition set out in these Order Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Arccos Golf to assert a right or provision under these Order Terms shall not constitute a waiver of such right or provision. If any provision of these Order Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Order Terms will continue in full force and effect.
8.6 Force Majeure. Arccos Golf shall not be liable for any breach of these Order Terms to the extent arising from any factor outside our reasonable control.
8.7 Amendments. These Order Terms may NOT be altered, supplemented, or amended by the use of any other document(s) you may submit to Arccos Golf. Any attempt to alter, supplement, or amend these Order Terms or to enter an order for the Product which are subject to additional or altered terms shall be null and void, unless Arccos Golf expressly agrees otherwise in writing signed by an authorized representative of Arccos Golf. Arccos Golf may amend these Order Terms at any time and without notice. Any such amended Order Terms shall be effective with respect to all orders placed after such amended Order Terms are posted on the Website.