Terms & Conditions
TERMS & CONDITIONS
The following Terms of Service and any other rules posted on our Site (collectively the "TOS") constitute an agreement between Robert Mark Golf/THEORY Putters("Robert Mark Golf, "we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the Robert Mark Golf website and related micro-sites accessed through the URL www.RobertMarkGolf.com and related domain names, and any other website or micro-site of Robert Mark Golf (collectively the "Site").
By visiting the Site, you are accepting and consenting to the practices described in the TOS.
We may modify the TOS from time to time and your continued use of this Site following such change shall signify your agreement to be bound by the modified TOS.
We do our best to accurately depict the color of all our leather products online. However, due to the variations in color monitor calibration, they may vary slightly in person. If you would like a swatch of actual leather choices please email us.
General Inquiries: Rob@RobertMarkGolf.comELIGIBILITY TO PURCHASE
The purchase of merchandise through Robert Mark Golf is limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of Rhode Island.
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Robert Mark Golf terms of eligibility, who have been issued a valid credit card by a bank acceptable to Robert Mark Golf, and who have authorized Robert Mark Golf to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Robert Mark Golf reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where Robert Mark Golf feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
You will receive an email acknowledging the details of your order and a transaction number within 24 hours of purchase. Stock Orders typically ship from within less than 1 week of order placement (custom orders excluded) and will ship as per USPS Priority Mail.
Pursuant to our TOS, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Robert Mark Golf may store a record of your transactions for a minimum of one year.PAYMENT
Payment can be made by PayPal, Visa, MasterCard, and American Express cards. No checks or money orders will be accepted. Payment will be debited and cleared from your account upon completion of the packing of your order by Robert Mark Golf.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.PRICING POLICY
Prices shown on the Site are in US Dollars and are exclusive of taxes
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be entirely accurate to the actual color of the product.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Robert Mark Golf Software and all HTML and other code contained in this Site, shall remain at all times vested in Robert Mark Golf and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by Robert Mark Golf and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site.
Robert Mark Golf tries to ensure that the information on this site is accurate and complete. Robert Mark Golf does not warrant or represent that Robert Mark Golf Content is accurate, error-free or reliable or that your use of Robert Mark Golf's Content will not infringe rights of third parties.
Your use of the Web Site is at your risk. Robert Mark Golf does not warrant that the functional aspects of the Web Site or Robert Mark Golf Content will be error free or that this Web Site, Robert Mark Golf Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or Robert Mark Golf Content results in the need for servicing or replacing property, material, equipment or data, Robert Mark Golf is not responsible for those costs.
Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement.
Robert Mark Golf and its suppliers make no warranties about Robert Mark Golf Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Robert Mark Golf reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Robert Mark Golf is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site.
We may include hyperlinks on this Site to other websites or resources operated by parties other than Robert Mark Golf, including advertisers. Robert Mark Golf has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While Robert Mark Golf will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the Rhode Island.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless Robert Mark Golf immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.
GENERAL LEGAL TERMS
(a) Complete Terms: The TOS constitute the whole legal agreement between you and Robert Mark Golf and govern your use of the Services and completely replace any prior agreements between you and Robert Mark Golf in relation to the Services. Notwithstanding the foregoing, you understand that Robert Mark Golf may make changes to the TOS from time to time. When these changes are made, Robert Mark Golf will make a new copy of the TOS available. You agree that Robert Mark Golf is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
(b) Modifications to the Services: Robert Mark Golf is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Robert Mark Golf provides may change from time to time without prior notice to you. You further acknowledge and agree that Robert Mark Golf may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Robert Mark Golf's sole discretion, without prior notice to you.
(c) Confidentiality: You understand that Robert Mark Golf grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Robert Mark Golf reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that Robert Mark Golf has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which Robert Mark Golf may suffer) of any such breach.
(e) Rights Not Waived: You agree that if Robert Mark Golf does not exercise or enforce any legal right or remedy which is contained in the TOS (or which Robert Mark Golf has the benefit of under any applicable law), this will not be taken to be a formal waiver of Robert Mark Golf's rights and that those rights or remedies will still be available to Robert Mark Golf.
(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
(g) Governing Law: The TOS, and your relationship with Robert Mark Golf under the TOS, shall be governed TERMS & CONDITIONS