Last Updated: August 17, 2017
These terms and conditions of order and sale ("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 product (the "Product") offered by ARCCOS GOLF through the website ("Arccosgolf.com" or the "Site"). The term “you” means both the individual placing the order and the entity on whose behalf such individual is acting, if any.
1.1 ARCCOS GOLF will use reasonable commercial efforts to deliver the Product as described and in a timely manner. You understand that the Product is under development, and that numerous technical, financial, and practical obstacles may interfere with delivery of the Product to you and/or the features and functions of the Product thereafter.
1.2 You may not cancel or modify any order for the Product placed through the Site. Notwithstanding the foregoing, if ARCCOS GOLF fails to commence shipping the Product on or before the one-year anniversary of your placing the order, upon written request from you, ARCCOS GOLF shall process a full refund to you.
2. Pricing and Payment
2.1 Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. Your credit card or other payment source will be charged by us or our e-commerce platform immediately upon your placement of an order through the Site.
2.2 You agree to pay charges incurred by you at the posted price, including all shipping and handling and all applicable taxes, if any. Credit cards, PayPal or such other payment method specified by the Site will be accepted for all purchases by us or our e-commerce platform. You represent and warrant that the payment information that you supply is true, correct and complete, and that charges incurred by you will be honored by your credit card company or other payment processing service.
3.1 Risk in the Product passes to you on ARCCOS GOLF'S delivery of the Product to the carrier, and you are responsible for any loss or damage to Product from that point.
4. Restrictions on Use
4.1 You shall use the Product only for personal purposes and shall comply in full with all terms and conditions imposed by us upon the operation and use of the Product. You shall not reverse engineer or otherwise violate our intellectual property rights associated with or embodied in the Product.
5. Intellectual Property
5.1 ARCCOS GOLF owns all intellectual property rights in the Product. You shall acquire no interest or rights in ARCCOS GOLF'S intellectual property rights by virtue of these Order Terms, except as expressly granted herein or in the applicable terms and conditions.
6. Replacement of Product
6.1 If you believe any Product shipped to you is faulty, contact ARCCOS GOLF in writing to request a return. ARCCOS GOLF may, in its discretion, accept returns for goods that are defective or damaged provided that notice is provided to ARCCOS GOLF in writing within thirty (30) days of your receipt of such Product. No returns will be accepted by ARCCOS GOLF thereafter. You will comply with ARCCOS GOLF'S returns procedures when returning Product.
6.2 ARCCOS GOLF is under no obligation to accept any returns of the Product where the defect or damage was caused by you or the defect or damage occurred after shipment by ARCCOS GOLF .
6.3 ARCCOS GOLF will ship a replacement Product to you only after receipt of the applicable Product by ARCCOS GOLF.
7.1 The product is provided "as is" and ARCCOS GOLF makes no warranties, express or implied, with respect to the product or any other subject matter hereof, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement of third party patents. Without limiting the foregoing, we make no warranty that the Product offered through the Site will meet your requirements, that the results that may be obtained from use of the Product will be effective, accurate or reliable, or that the quality of the Product will meet your expectations.
7.2 Some jurisdictions do not allow the limitation or disclaimer of warranties, so the above disclaimer may not apply to the extent such jurisdiction 's law is applicable to your purchase of the Product.
8. Limitation of Liability
8.1 We do not accept liability beyond the remedies set forth in these Order Terms. In no event shall ARCCOS GOLF or its agents or Affiliates have any liability to you or any other person for any collateral, consequential, indirect, punitive, special, exemplary or incidental damages, whether based on contract, tort (including negligence), product liability, strict liability, under statute, or any other theory or form of action, even if ARCCOS GOLF or our AGENTS/Affiliates have been advised of the possibility thereof, arising out of or related to these Order Terms OR the sale, delivery, use or performance of the Product offered through the Site.
8.2 Our sole and maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual purchase price paid by you for the Product ordered through the Site.
8.3 Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction's law is applicable to your purchase of the Product.
9.1 You are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless ARCCOS GOLF and its officers, directors, employees, and agents ("Indemnitees") from any liabilities, damages, losses, expenses, costs and attorneys' fees arising from your use of the Product not expressly in accordance with these Order Terms or the applicable terms and conditions for such Product.
10. Force Majeure
10.1 ARCCOS GOLF shall not be liable for any breach of these Order Terms to the extent arising from any factor outside our reasonable control.
11. Applicable Law and Jurisdiction
11.1 The Site is controlled by us from our offices within the State of Connecticut, United States. The Site can be accessed from all fifty (50) states, as well as from other countries around the world. The validity and interpretation of these Order Terms shall be governed by the statutes and laws of the State of Connecticut, without regard to conflicts of laws principles thereof, and will apply to all matters relating to the purchase of the Product available through the Site. You agree and hereby submit to the exclusive personal jurisdiction and venue of a Superior Court in Fairfield County, Connecticut and the United States District Court for the District of Connecticut with respect to such matters.
11.2 We make no representation that the Product available through the Site 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 Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws.
11.3 Any legal proceedings against ARCCOS GOLF relating to these Order Terms shall be filed within one (1) year after shipment of the Product to you.
11.4 All disputes arising out of or relating to these Order Terms shall be resolved exclusively by binding arbitration before a single arbitrator (the "Arbitrator") in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") then in effect and the further procedures set forth herein (for information on the AAA and its rules, see www.adr.org).
11.5 The arbitration shall be conducted in Fairfield County, Connecticut, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 2 et seq., and the laws of the State of Connecticut, without reference to principles of conflicts of laws.
11.6 Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO.
11.7 Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these Order Terms, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. ARCCOS GOLF does not hereby waive any defense that such jurisdiction may be lacking in your jurisdiction.
11.8 Without derogation of the parties' obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these terms and conditions, the Site or the Services shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in Connecticut, except that, following confirmation of an arbitration award in a state or federal court in Connecticut, a judgment arising therefrom may be executed in any court of competent jurisdiction.
12. Payments and Fees
12.1 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 certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you signed up through the iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Arccos, other than as set forth in these Terms.
12.2 In order to access certain functionality of the Product, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly, bi-annual or annual basis. All subscription fees are payable in advance. Members changing from monthly to annual subscriptions will have the annual rates take effect at the beginning of 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 billing date. You agree to pay the subscription fees, and other charges you incur in connection with your Arccos account, whether on a one-time or subscription basis. Arccos reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
12.3 Subscription fees will be billed automatically at the start of the monthly, bi-annual or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.
12.4 You may cancel your subscription through the iTunes store. The cancellation of a subscription will go into effect at the end of your current billing cycle. You can renew your subscription at any time without opening a new account, provided that subscription fees may have increased.
12.5 Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. 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 monthly membership 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.
13. Entire Agreement
13.2 These Order Terms may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document 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.
14.1 In the event that any part of this provision shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this provision shall otherwise remain in full force and effect.
14.2 ARCCOS GOLF'S failure to insist upon strict performance of any of the provisions contained in these Order Terms shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by ARCCOS GOLF of any other provisions of prior, concurrent or subsequent default by ARCCOS GOLF in the performance of or compliance with any of the terms and conditions set forth herein.