Last Updated: February 19, 2019
These Terms of Use (“Terms”) govern your access to and use of this website (www.caddydaddygolf.com)
made available to you by CaddieSack LLC / DBA CaddyDaddy (“CaddyDaddy,” “we,” “us,” or “our”).
By using the Site, you agree on
behalf of yourself and any organization that you represent (together, “you”) that
you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy
Policy, do not access or use the Site. We may modify these Terms at
any time. All changes will be effective immediately upon posting to the Site.
Material changes will be conspicuously posted on the Site or otherwise
communicated to you. By using the Site after changes are posted, you agree to
those changes.
ARBITRATION NOTICE;
CLASS WAIVER; WAIVER OF TRIAL BY JURY. These Terms contain a binding
arbitration provision. You agree that all disputes between you and CaddyDaddy
will be resolved by mandatory binding arbitration and you waive any right to
participate in a class action lawsuit or class-wide arbitration.
1.
Privacy Policy. We collect certain data about you and from your use of the Site as described
in our Privacy Policy, which is incorporated into these Terms and
describes our data collection, use, and sharing practices.
2.
Intellectual Property Rights. The Site, including its text, audio, video, graphics,
charts, photographs, interfaces, icons, software, computer code, data,
trademarks, logos, slogans, names of products and services, documentation,
other components and content, and the design, selection, and arrangement of
content is exclusively the property of CaddyDaddy or, as applicable, its suppliers
and licensors, and is protected by copyright, trademark, and other intellectual
property laws. Any unauthorized use of any trademarks, trade dress, copyrighted
materials, or any other intellectual property belonging to CaddyDaddy or any
third party is strictly prohibited and may be prosecuted to the fullest extent
of the law. The Site may contain references to third-party marks and copies of
third-party copyrighted materials, which are the property of their respective
owners.
Copyright © 2019 CaddieSack
LLC / DBA CaddyDaddy. All rights reserved.
3.
Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with
all applicable laws, regulations, and policies of all relevant jurisdictions, including
all applicable rules regarding online conduct.
4.
Restrictions on Your Use of the Site.
·
You may download
and print one copy of the Site’s visible content for your own personal
noncommercial use as long as you do not modify or delete any copyright,
trademark, or other proprietary notices.
·
You will not
otherwise copy, reproduce, display, duplicate, sell, publish, post, license,
rent, distribute, modify, translate, adapt, reverse-engineer, or create
derivative works of the Site or any part of the Site without CaddyDaddy’s prior
written consent.
·
You will not use
the Site for unlawful purposes.
·
You warrant that
all data you provide to us in connection with your access to and use of the
Site is true, accurate, and complete to the best of your knowledge and belief.
·
You will not
submit inaccurate, incomplete, or out-of-date data via the Site, commit fraud
or falsify data in connection with your use of the Site, or act maliciously
against the business interests or reputation of CaddyDaddy.
·
You will not
engage in data mining or similar data gathering or extraction activities or
retrieve data or other content from the Site for purposes of creating or compiling
that content for any purpose.
·
You will not
access, use, or copy any portion of the Site, including any of its content,
through the use of indexing agents, spiders, scrapers, bots, web crawlers, or
other automated devices or mechanisms.
·
You will not use
the Site to post, transmit, input, upload, or otherwise provide any data or
material that contains any viruses, worms, Trojan horses, logic bombs, time
bombs, cancelbots, malware, ransomware, adware, or other harmful computer code
or programming routines, including those designed to or that reasonably may
disable, damage, impair, interfere with, surreptitiously intercept, or
expropriate the Site or any computers, hardware, software, system, data, or
networks.
·
You will not engage
in activities that aim to render the Site or associated services inoperable or
to make their use more difficult.
5.
Payment Data. Purchases
of products or services made through the Site must be made by credit or debit
card. Information about our collection and use of payment-related data is described
in our Privacy Policy. If the credit or debit card data that you submit
is incorrect or invalid, your payment will not be processed. We have no
responsibility or liability if your credit or debit card is declined by your
financial institution. Payments are processed by our PCI-compliant third-party
payment processor. Refunds, if available, are solely the responsibility of CaddyDaddy
and are at CaddyDaddy’s sole discretion.
6.
Product and Service Availability. All offers on the Site are void where prohibited by
law. Advertised prices and available quantities may change at any time without
notice to you. Some products and services may not be available in certain
areas. The data contained on the Site may contain technical inaccuracies or
typographical errors or omissions. All purchases placed through the Site are
subject to our Terms of Sale.
7.
No warranty. The Site is provided “as is,”
“as available,” and without any warranty of any kind. Neither CaddyDaddy nor
its affiliates, suppliers, or licensors are responsible for providing
maintenance or support services for the Site. CaddyDaddy makes commercially
reasonable efforts to ensure that all material, data, and other information on
the Site is accurate and reliable, but neither accuracy nor reliability can be
guaranteed. CaddyDaddy does not warrant or guarantee the quality, completeness,
timeliness, or availability of the Site. CaddyDaddy does not warrant or
guarantee that the Site will be uninterrupted or error-free, that any defects
in the Site will be corrected, or that the Site or the servers that make the
Site available are free of viruses or other harmful conditions or components. CaddyDaddy
is not responsible for any typographical errors on the Site.
To
the maximum extent permitted by applicable law, CaddyDaddy expressly disclaims
all warranties of any kind with respect to the Site, including without
limitation those regarding availability, quality, accuracy, merchantability,
fitness for any use or purpose, compatibility with any standards or user
requirements, title, noninfringement, and any arising from a course of dealing
or usage in trade. CaddyDaddy has no responsibility for the timeliness,
deletion, misdelivery, or failure to store any user communication.
We
make no representation that the Site is appropriate or available for use in
locations other than the United States. If you choose to access or use the Site
from locations other than the United States, you do so at your own risk and you
are responsible for complying with applicable laws and regulations.
Your
use of the Site is at your own risk and you, alone, are responsible for any
damage to your computer hardware, software, systems, and networks, any loss of
data that results from the download of any data from the Site, and any other
damage that may be incurred.
No
advice or information, oral or written, obtained by you from CaddyDaddy or in
any manner from the Site creates any warranty.
8.
Limitation of liability. To the maximum extent
permitted by applicable law, in no event will CaddyDaddy, its affiliates, or
its or their respective directors, officers, owners, employees, contractors,
representatives, consultants, agents, suppliers, or licensors (together, “CaddyDaddy Parties”) be liable for any
direct, indirect, special, incidental, exemplary, punitive, or consequential
loss or damage, or any other loss or damage of any kind, arising out of or in
connection with the Site or your access to or use of, or inability to access or
use, the Site (including without limitation the input of personal and other data
into the Site), whether the claim is based in contract, tort (including
negligence), strict liability, warranty, or otherwise, and even if a CaddyDaddy
Party has express knowledge of the possibility of the loss or damage.
Your
sole and exclusive remedy is to stop accessing and using the Site. Without
limiting the foregoing, in no event will CaddyDaddy Parties’ liability to you
exceed $100, even if this remedy fails of its essential purpose. Some
jurisdictions do not allow the exclusion or limitation of certain damages, so
some of the above exclusions and limitations may not apply to you.
9.
Indemnification. You will indemnify, defend, and hold harmless CaddyDaddy Parties from
and against all losses, claims, liabilities, demands, complaints, actions,
damages, judgments, settlements, fines, penalties, expenses, and costs
(including without limitation reasonable attorneys’ fees) that arise out of or
in connection with your access to or use of the Site, your misuse of any
material, data, or other data downloaded or otherwise obtained from the Site,
your order of products and services through the Site, or your breach of these
Terms. We reserve, and you grant to us, the exclusive right to assume the
defense and control of any matter subject to indemnification by you.
10. Third-Party Websites. The Site may link to, or be linked to, websites not
maintained or controlled by CaddyDaddy. Those links are provided as a
convenience and CaddyDaddy is not responsible for examining or evaluating the
content or accuracy of, and does not warrant or endorse, any third-party website
or any products or services made available through those websites. Please take
care when leaving the Site to visit a third-party website. You should read the
terms of use and privacy policy for each website that you visit.
11. Linking to
the Site. If you operate a website
and are interested in linking to the Site: (a) the link must be a
text-only link and clearly marked; (b) the link and its use must be in
connection with a website of appropriate subject matter; (c) the link and
its use must not, nor have the potential to, damage or dilute the goodwill
associated with CaddyDaddy’s names and trademarks; (d) the link and its use
must not create the false appearance that any program, person, or entity is
associated with or sponsored by CaddyDaddy; and (e) the link, when
activated by a user, must display the Site full-screen and not within a frame. CaddyDaddy
reserves the right to revoke consent to link to the Site at any time in its
sole discretion, either by amending these Terms or through other notice.
12. Feedback. CaddyDaddy welcomes comments regarding the Site. If
you submit comments or feedback to us regarding the Site, they will not be
considered or treated as confidential. We may use any comments and feedback
that you send us in our discretion and without attribution or compensation to
you.
13. Disputes;
Governing Law. These Terms are
governed by the laws of the state of Arizona, without regards for its conflict
of law principles. Venue is exclusively in the state or federal courts, as
applicable, located in Maricopa County, Arizona, with respect to any dispute
arising under these Terms unless otherwise determined by CaddyDaddy in its sole
discretion. The parties expressly agree to the exclusive jurisdiction of those
courts. Any cause of action or other claim with respect to the Site must be
commenced within one year after the cause of action or claim arises. The United
Nations Convention for the International Sale of Goods does not apply.
14. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully
because they require you to arbitrate disputes with CaddyDaddy and limit the
manner in which you can seek relief from us.
·
Applicability
of Arbitration Agreement.
i.
Any dispute,
claim or controversy arising out of or relating to these Terms or the breach,
termination, enforcement, interpretation or validity hereof, including the
determination of the scope or applicability of these Terms to arbitrate
(hereinafter, collectively, the “Dispute”),
which cannot be resolved informally, shall be resolved by binding arbitration
on an individual basis under the terms set forth below (the “Arbitration Agreement”).
Notwithstanding the foregoing, in the event of any actual, alleged or
threatened violation of confidentiality or violation of the CaddyDaddy’s
intellectual property or other proprietary rights, CaddyDaddy may immediately resort
to court proceedings in a court of competent jurisdiction as set forth above in
order to seek immediate injunctive relief without posting of a bond, proof of
damages or other similar requirement. The institution of any action for
injunctive relief shall not constitute a waiver of the right or obligation of
any party to submit any claim seeking relief other than injunctive relief to
arbitration.
ii.
This Arbitration
Agreement applies to you and CaddyDaddy, and to any of our subsidiaries,
affiliates, agents, employees, predecessors in interest, successors in
interest, and assigns, as well as all authorized or unauthorized users or
beneficiaries of the Site provided under the Terms.
·
Arbitrator. The arbitration proceeding will be administered by
the American Arbitration Association (“AAA”)
before an arbitrator selected pursuant to the AAA rules. The decision of the
arbitrator will be final and binding. Any final award or judgment may be filed
and enforced in any court of competent jurisdiction. The parties shall share
equally in the costs assessed for the arbitration, and each party shall bear
its own attorneys’ fees and costs. Any arbitration proceeding may not be
consolidated or joined with any other proceeding and will not proceed as a
class action. The parties understand that
they would have had a right or opportunity to litigate disputes through a
court, to have a judge or jury decide their case, and to participate in a class
action or other proceeding involving multiple claimants, but they instead
choose and agree to have all disputes as set forth herein decided through
individual arbitration.
·
Place. The place of arbitration shall be in Maricopa County,
Arizona, unless otherwise agreed to in writing by all parties to the
arbitration. The parties acknowledge that this Arbitration Agreement evidences
a transaction involving interstate commerce, and the Federal Arbitration Act, 9
U.S.C. Sections 1–16, shall govern the interpretation, enforcement and
proceedings pursuant to this Arbitration Agreement. The parties expressly agree
that any and all actions taken under the Arbitration Agreement and related
provisions, including but not limited to all filings, orders, judgments, and
awards made in any arbitration proceeding, are confidential and may not be
disclosed to any third party,
·
Survival. This Arbitration Agreement provision will survive
the termination of these Terms.
·
Time
Limitation on Claims. The parties
agree that they must initiate arbitration within one (1) year after any Dispute
arose; otherwise, the Dispute is permanently barred.
15. Assignment. We may assign our rights and delegate our duties
under these Terms at any time to any party without notice to you. You may not
assign your rights or delegate your duties under these Terms without our prior
written consent.
16. Third-Party
Beneficiaries. These Terms do not
confer any rights, remedies, or benefits upon any person other than you and CaddyDaddy,
except that our affiliates are third-party beneficiaries of these Terms.
17. Interpretation.
These Terms, including our Privacy
Policy, are the entire agreement between you and CaddyDaddy with respect to
your access to and use of the Site. CaddyDaddy’s failure to enforce any
provision of these Terms will not constitute a waiver of that provision or any
other provision. Any waiver of any provision of these Terms will be effective
only if in writing and signed by CaddyDaddy. If any provision of these Terms is
held invalid, void, or unenforceable, that provision will be severed from the
remaining provisions and the remaining provisions will remain in full force and
effect. The headings in these Terms are for convenience only and do not affect
the interpretation of these Terms. These Terms inure to the benefit of CaddyDaddy’s
successors and assigns.
18. Survival. Any provisions of these Terms that are intended to
survive termination (including any provisions regarding indemnification,
limitation of our liability, or dispute resolution) will continue in effect
beyond any termination of these Terms or of your access to or use of the Site.
19. Electronic
Communications. These Terms and any
other documentation, agreements, notices, or communications between you and CaddyDaddy
may be provided to you electronically to the extent permissible by law. Please
print or otherwise save a copy of all documentation, agreements, notices, and
other communications for your reference.
20. Contact Us. Please direct any questions and concerns regarding
these Terms to us by email at cs@caddydaddygolf.com, by telephone at 877-961-7100,
or by mail at 3220 N Delaware St, Chandler, AZ 85225.