Terms & Conditions
Effective January 1, 2013
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE
In using this site you are deemed to have read and agreed to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this site. This site is owned and operated by 2nd Swing. 2nd Swing reserves the right to change, modify or otherwise alter these terms and conditions at any time. Any changes and/or modifications shall become effective immediately upon the posting of such changes. Please take the time to review these terms and conditions periodically. The continued use of the site following any changes and/or modifications will constitute acceptance of the revised terms and conditions.
Use of the Site
This site may be used for legitimate shopping purchases only. You may not attempt to harm this site in any way or use the site in an improper manner. If you choose to register and purchase a product through this site you agree to provide true and accurate information about yourself as prompted through the site registration process. If you provide false, inaccurate, incomplete information, or 2nd Swing suspects that any information provided is false, inaccurate or incomplete, 2nd Swing has the right, at its sole discretion, to suspend or terminate your account and refuse any current or future use of the site including the cancellation of orders.
License to Use the Site
This site contains copyrighted materials, trademarks and other proprietary information, the rights to which are owned by 2nd Swing, its related entities, parents, and its licensors or licensees. You may view, download for caching purposes only, and print pages from the site for your own person use, subject to the restrictions set out below and elsewhere in these terms and conditions. You may not use, reproduce, duplicate, copy or otherwise exploit material on this site for a commercial purpose. You may not edit or otherwise modify any material on the site or redistribute material from the site.
This site may provide links to other sites, 2nd Swing has no control over such sites and has not reviewed the contents of other such sites. By using this site you agree that 2nd Swing is not responsible for the availability of external sites or resources and is not liable for any content, advertising, products, or other materials available from other such sites. The inclusion of a link to any site does not imply endorsement by 2nd Swing. Use of any such linked site is at the user's own risk.
The materials appearing on this site could include technical, typographical, or photographic errors. 2nd Swing does not warrant that any of the materials on its site are accurate, complete, or current. 2nd Swing may make changes to the materials contained on this site at any time without notice. 2nd Swing does not, however, make any commitment to update the materials.
The items on this site are not guaranteed to be in stock at any given time. If an item is purchased that is not available in our inventory, 2nd Swing will contact you in a timely manner and a refund will be issued in full.
The information and all materials contained on it are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability of fitness for a particular purpose. 2nd Swing does not warrant that:
- The site will be consistently available or available at all
- The contents of this site (including pricing and other product information) will be accurate, reliable or error-free, or that any errors in such contents will be corrected; or mistakes in pricing or other product details will be honored
- This site or the server that makes it available is free of viruses or other harmful components
- Use of this site will be uninterrupted
Limitations of Liability
2nd Swing will not be liable to you under any circumstances or under any legal theory (whether under the law of contact, the law of torts, negligence, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this site to you or any other person for damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise that result from, arise out of, or are in connection with the use of or access to, or the inability to use or access, this site or its contents, even if 2nd Swing has been advised of the possibility of such damages.
Exceptions to Disclaimer and Limitations of Liability
Nothing in this disclaimer or limitations of liability will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. None of your statutory rights as consumers are affected. Nothing in this site disclaimer will exclude or limit 2nd Swing's liability in respect of death or personal injury caused by 2nd Swing's negligence or any matter which it would be illegal or unlawful for 2nd Swing to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You agree to indemnify, defend, and hold harmless, 2nd Swing, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. 2nd Swing reserves the right to assumes, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with 2nd Swing in asserting any available defenses.
Any suggestions, materials, ideas, or comments submitted to 2nd Swing shall be deemed not confidential. By submitting anything to 2nd Swing you hereby grant 2nd Swing an irrevocable unrestricted license to use, modify, reproduce, transmit, display and distribute any such materials, information, suggestions, ideas or comments, excluding your name, for any purpose whatsoever, and you represent and warrant to 2nd Swing that no such submissions will violate or infringe upon any copyright, trademark, or any other intellectual property or other rights or any person or entity.
New Product Orders
All new product orders that qualify for free shipping will be shipped through FedEx Ground.Some new product orders may be placed through manufacturers and therefore can take up to 10business days to fulfill. Please take note of this when selecting your shipping option.
*Free shipping is not available on any new Ping products.
New product orders being shipped internationally do not qualify or free shipping; if an order is placed through the website we will contact you to obtain payment for international shipping charge. If you choose to have a new product shipped international you may also call to order.
All orders placed for brand new Ping equipment will have follow up with 2nd Swing to do a fitting (if one is not done prior to the purchase). Your order will not ship until 2nd Swing can conduct a fitting to verify the specs that are ordered. 2nd Swing will contact you VIA the telephone number provided on the order.
While checking out please select either the Minneapolis or Minnetonka location for local pickup.Please allow for up to 48 hours for order processing. We will contact you when the item isavailable for pickup. Purchase receipt must be presented at time of pickup.
All orders that are cancelled prior to the shipment being sent out will be charged a 10%cancellation fee.
Headcovers, Tools and Accessories
Club headcovers, tools, wrenches, weights or any other accessories are not included with the club unless shown in the pictures or listed in the notes section.
Jurisdiction and Governing Law
By using this site, you agree that the disclaimer, exclusions and limitations of liability set out in these terms and conditions are reasonable. If you do not think they are reasonable, then you must not use this site.
If any provision of these terms and conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the terms and conditions of this site. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Notification of Claimed Copyright Infringement
If you wish to notify 2nd Swing of an alleged copyright infringement for material posted on our site, to be effective, your notice must be a written communication to our designated address that complies with Section 512(c)(3) of the U.S. Copyright Act. Please consult your legal advisor.
Such written notice should be sent to our designated address as follows:
6752 Shady Oak Road
Eden Prairie, MN 55344
Effective Date and Policy Changes
2nd Swing may make changes to these terms and conditions. Accordingly, 2nd Swing reserves the right to revise or modify these terms and conditions in whole or in part at any time. 2nd Swing will inform you of any updates or changes by changing the updated date below. The updated Terms and Conditions shall replace any prior terms and will be applicable to all current and past users of our site.
These terms and conditions were last updated on January 1, 2013.
If there are any questions regarding these terms and conditions you may contact us using the information below.
6752 Shady Oak Road
Eden Prairie, MN 55344