Terms of service

OVERVIEW

This website is operated by Deadtooth Golf. Throughout the site, the terms “we”, “us” and “our” refer to Deadtooth Golf. Deadtooth Golf offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service at any time. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. We reserve the right to remove discounts, promotions, or coupons at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 3 - ACCURACY, COMPLETENESS AND UPDATES

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. Our products are made to order, because of this there may be some minor inconsistencies in production. Pictures on website may not be exact to the item.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Prices for our products are subject to change without notice. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 5 - THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.

SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 7 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Deadtooth Golf, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 9 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Deadtooth Golf and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 10 – INTELLECTUAL PROPERTY RIGHTS

Ownership: All content, trademarks, and other intellectual property (collectively, “Intellectual Property”) available on our platform are the exclusive property of Deadtooth Golf. This includes, but is not limited to, text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software.

Usage Rights: We grant users a limited, non-exclusive, non-transferable, and revocable license to access and use the Intellectual Property for personal, non-commercial purposes only. This license does not include any resale or commercial use of the Intellectual Property, nor does it permit the collection and use of any product listings, descriptions, or prices; any derivative use of the Intellectual Property; or any use of data mining, robots, or similar data gathering and extraction tools.

Prohibited Actions: Users are expressly prohibited from: reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Intellectual Property without the express written consent of Deadtooth Golf, using the Intellectual Property for any unauthorized commercial purpose, modifying, distributing, or creating derivative works based on the Intellectual Property, and removing, altering, or obscuring any copyright, trademark, or other proprietary rights notices from the Intellectual Property.        

Enforcement: Unauthorized use of the Intellectual Property may result in termination of the limited license granted herein and may also constitute a violation of applicable laws, including but not limited to copyright and trademark laws. Deadtooth Golf reserves the right to take appropriate legal action to enforce its intellectual property rights.

SECTION 11 – PROMOTIONS AND REWARDS

A promotion or "Play Like A Pirate" gamification system is defined as any act that provides something of value to the customer, including, but not limited to hidden loot, treasure flags, store credit, gift cards and discounts. These promotions may be delivered through several different methods that Deadtooth Golf deems reasonable. The availability of these promotions and their associated discounts are limited, and once the redemption limit is reached, no further discounts will be available until new Treasure Hunts are released.

All customers who purchase Deadtooth Golf products are automatically eligible to participate in the promotions by wearing their gear on the golf course. If spotted in person by a Deadtooth Crew Member, customers may receive an on-the-spot gift card, with the reward amount being randomly determined. In accordance with these promotions, a Deadtooth Crew Member may require a participant to be wearing Deadtooth Golf gear in order to qualify. Customers may also participate in social media engagement while wearing Deadtooth gear for a chance to be randomly selected as a winner.

Please note that Deadtooth Golf reserves the right to revoke, modify, or cancel any aspect of the Play Like A Pirate program at any time without prior notice. Abuse or cheating within the program may result in immediate termination of the participant's account and disqualification from future rewards. Customers are limited to using these promotions to 1 use per discount code.

SECTION 12 – GOVERNING LAW

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through mediation. The mediation shall be conducted in a mutually agreed location and administered by a recognized mediation organization under its rules. The costs of mediation shall be shared equally by the parties. If mediation fails to resolve the dispute within 30 days, either party may initiate litigation. Any litigation shall be conducted in a court of competent jurisdiction, and the prevailing party shall be entitled to recover its reasonable attorney's fees and costs. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in the state of Utah, United States.