General Terms and Conditions of Use
 

These General Terms and Conditions of Use ("Terms") are entered into by and between you and TPK, Inc. In consideration of your use of and access to this Internet site (the "TPKGolf.com Site"), and the promises and obligations herein, and intending to be legally bound, you and TPK hereby agree as follows:

Your access to and use of the TPKGolf.com Site is subject to these Terms, which incorporate the separately posted Privacy Statement, as well as any modifications to them issued by TPK and all applicable laws and regulations. BY USING THE TPKGolf.com SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the TPKGolf.com Site.

Among other things, the TPKGolf.com Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the TPKGolf.com Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the TPKGolf.com Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

2. Changes in Terms.

TPK shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the TPKGolf.com Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the TPKGolf.com Site. You are responsible for reviewing the TPKGolf.com Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by TPK to these Terms. ANY ACCESS OR USE OF THE TPKGolf.com SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than TPK shall be valid or enforceable against TPK unless expressly agreed to by TPK in a writing signed by a duly authorized officer of TPK.

3. Termination.

These Terms are effective until terminated by TPK. TPK may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the TPKGolf.com Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

TPK shall also have the right without notice and at any time to terminate the TPKGolf.com Site or any portion thereof, or any products or services offered through the TPKGolf.com Site, or to terminate any individual's right to access or use the TPKGolf.com Site or any portion thereof.

4. Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the TPKGolf.com Site and your purchase of the items on the TPKGolf.com Site. You must be at least 18 years old to use the TPKGolf.com Site.

5. Content.

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the TPKGolf.com Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."

The Content may contain errors, omissions, or typographical errors or may be out of date. TPK may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on TPK in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by TPK or by third parties that have licensed their use to TPK. You may view and use the Content only for your personal information and for shopping and ordering on the TPKGolf.com Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, TPK does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the TPKGolf.com Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by TPK, is strictly prohibited.

6. Linked Third Party Sites.

Links to other Internet sites operated by third parties, including TPK vendors, do not constitute sponsorship, endorsement, or approval by TPK of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by TPK, and TPK is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

7. Prices; Orders.

All prices displayed on the TPKGolf.com Site are quoted in U.S. dollars. TPK may restrict delivery to addresses within the United States and Canada. TPK will add shipping and handling fees and applicable sales/use tax. TPK reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the TPKGolf.com without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the TPKGolf.com Site do not imply endorsement of that product or service, or constitute a warranty, by TPK.

The receipt by you of an order confirmation does not constitute TPK's acceptance of an order. Prior to TPK's acceptance of an order, verification of information may be required. TPK reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from TPK, for any reason. TPK reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, TPK shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, TPK shall promptly issue a credit to your credit card account in the amount of the incorrect price.

The risk of loss and title for all products purchased by you and shipped by TPK pass to you upon TPK's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of TPK's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.

8. Disclaimer and Limitation of Liability as to the TPKGolf.com Site and Content.

TPK MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE TPKGolf.com SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. TPK ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE TPKGolf.com SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TPKGolf.com SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE TPKGolf.com SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE TPKGolf.com SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL TPK, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE TPKGolf.com SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF TPK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Disclaimer and Limitation of Liability as to Products and Services.

We want you to be completely satisfied with your TPKGolf.com purchase. If for any reason you are not entirely pleased with a product you purchased on the TPKGolf.com Site, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.

ALL PRODUCTS AND SERVICES SOLD BY TPK ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2000 COMPLIANCE. ACCORDINGLY, TPK MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, TPK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE TPKGolf.com SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL TPK, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE TPKGolf.com SITE, EVEN IF TPK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TPK'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

10. Indemnification.

You agree to defend, indemnify, and hold harmless TPK, TPK's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the TPKGolf.com Site. The foregoing indemnification obligation shall survive termination of these Terms and the TPKGolf.com Site and any product or service provided to you arising out of or relating to your use of the TPKGolf.com Site.

11. Submissions.

Except as otherwise expressly provided herein or in the TPK PRIVACY STATEMENT posted on the TPKGolf.com Site, any communication or material you transmit to the TPKGolf.com Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by TPK, TPK vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, TPK, TPK vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the TPKGolf.com Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.

12. Miscellaneous.

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by TPK of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

TPK shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Access to or use of the TPKGolf.com Site shall not be construed as TPK's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Minnesota. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflicts of law provisions. Additionally, any claims brought against TPK shall be governed by and construed in accordance with the laws of the State of Minnesota. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website, or any orders placed or products purchased on TPKGolf.com, shall be in the state or federal courts located in St. Paul, Minnesota or the Carver County Court of Common Pleas.

Revised July 19, 2006