Updated on: October 25, 2021
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF October 25, 2021.
Acceptance of Terms
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with The Tee Box (“The Tee Box”, “We”, “Us”, or “Our”).
Please read these terms of use carefully. These Terms of Use include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than a jury trial, under the section titled “Dispute Resolution.” By registering for and/or using services in any manner, to include but not limited to browsing Site, you agree that (1) you have read and understand these Terms of Service, operating rules, policies, and procedures that are set forth in these Terms, (2) you are of legal age to form a binding contract, and (3) you have authority to enter into a business relationship with us on behalf of yourself or those that you represent. operating rules, policies, and procedures that are set forth in these Terms.
These TOS are subject to occasional revision. We will notify existing users of any changes to the email on your file as well as posting the “Last Updated” date at the top of this page. It is your responsibility to ensure your account is updated with your current and correct email address. Any changes made to the TOS will be effective thirty (30) days following the posting of said changes. By continuing to use our services, including purchasing products, following any changes will indicate your acknowledgement and agreement to such changes. Please check The-TeeBox.Com/Terms view current terms.
These Terms of Service and any action related thereof will be governed by the laws of the state of Washington and consistent with the Federal Arbitration Act.
Description of Site and Services Offered
The Tee Box site is an eCommerce site offering subscriptions to monthly curated boxes of golf accessories and apparel. The site also includes members pages, for use by members only, that offers descriptions and images of current and past featured courses.
Any visitors to our site will be considered “users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of The Tee Box. At its discretion, The Tee Box may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. The Tee Box does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that The Tee Box shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges, and agrees that the Services offered shall be provided “AS IS” and as such The Tee Box shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Accounts
To become a Member, you must provide your name, email address, mailing address, and select a password (known as “Account Information”), which should not be shared or distributed. In becoming a Member, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. In the future we may ask for additional information in regards to your size and preference as it applies to potential items included in the box.
Please keep all account information private. If someone accesses our site using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the site. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else’s Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Member. If we later discover or suspect that a person under 18 years old has requested a Membership, we reserve the right to inquire about age verification or to cancel Membership.
Cautions for Global Use and Export and Import Compliance
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
- agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
Shipments, Returns, and Exchanges
When you join The Tee Box you will receive a monthly shipment of items carefully selected by our professional curation team and the course-pro of that months featured course. Shipments will begin the month following your join date. You will be charged for your first delivery on the date you sign up, and then on the shipment date following your first order. All orders will be shipped on or around the fifteenth (15th) of each month. Exact shipment dates are subject to change based on product availability and when products are received from course.
Our site may also offer golf accessories and apparel with our Tee Box logo that can be ordered and shipped separately from your monthly subscription. Said items will be charged at time of purchase and separately from subscription rate. These items will be shipped within one week of order date.
Reoccurring subscription’s will be charged and managed by WooCommerce Subscriptions. Any additional items purchased outside of subscription will be charged and managed by WooCommerce. The payment processing provider may attempt to verify address or identity in an effort to prevent fraud.
Membership to The Tee Box includes selected items from the course as well as members info provided by the course pro. Returning of items in the box does not guarantee cancellation of service or refund. Once course content is released and items have shipped a full refund may not be available. Please contact customer support for any and all refund requests.
Exchanges are not available on any items shipped. Items in each box are selected by our curation team as well as the pro and management of that months featured course. The items that have been selected are the ones made available to us and may not be exchanged.
Cancellations
Cancellations can be made through the Members Portal page located at The-TeeBox.Com/Members-Portal. Cancellations must be made prior to the last day of the month to avoid being charged for the following months box. If you have any questions on cancelling your membership you can reach out to Info@The-TeeBox.Com. Most Tee Box memberships will be on a month-to-month basis, and you will not be charged to cancel your membership. If your membership was offered at a specified set price based on an agreed number of months you will be responsible for the remainder of the contractual rate. In the event that you wish to cancel prior to the end of your term you will have the option to continue monthly payments until the end of your membership period or pay the remainder of your contractual rate.
Pricing and Products
Prices for membership are set in three tiers and are subject to change in the future but will not alter from month to month. If the price for your selected box is to change you will receive notice via the email address on your account at least 30 days prior to any change.
The actual quantity of items in your box is based on the value of the selected items:
- The Putter will contain roughly 2-4 items each month
- The Wedge will contain roughly 4-5 items each month.
- The Driver will contain roughly 5-6 items each month.
Gift Cards
We currently do not offer gift cards. Should this changes we will notify you of the changes to these terms via the email address on your account.
Access to the Services
With regards to the use of any App that may be accessed through or downloaded from the Apple App Store, Google Play Store, or any other similar store or marketplace, you agree to comply with all applicable third-party terms of that App Store when using the App. In the event where these TOS provide for usage rules that are less restrictive than, or in otherwise in conflict with, the Usage Rules set forth by the App is use, the more restrictive rules will apply.
You agree and understand that the availability of the App and the services is dependent on the third party from whom you received the App license. You acknowledge these TOS are between you and us, and not with the App Store in which you received the App. We maintain full functionality and sole responsibility of the App and services thereof, as well as content, maintenance, support, services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use the App you must have access to a wireless network, and you agree to pay for all fees associated with said wireless access. You also agree to pay any and all fees required by your App Store.
Ownership of Intellectual Property
You acknowledge that the software, code, and proprietary methods or systems used to provide our services and the material, content, and information that is displayed by us through the services are: (a) owned by The Tee Box or our licensors, (b) copyrighted by us or our licensors under the Copyright laws of the United States as well as international Copyright Law, and (c) subject to any other intellectual property and proprietary rights and laws. Neither our content nor our technology may be copied, sold, reproduced, republished, posted, modified, transmitted, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these TOS we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our content. Nothing in these TOS will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of The Tee Box or other entities. Ownership of such marks and the goodwill associated with said marks remains with us or our licensors. You are not authorized to copy, modify, or otherwise use our marks for any reason.
Indemnity
All users herein agree to insure and hold The Tee Box, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of The Tee Box Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
Commercial Reuse or Services
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to The Tee box sites.
Modifications
The Tee Box shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Advertisers
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that The Tee Box shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Right to Suspend
The Tee box reserves the right to suspend your Account, your memberships, or your use of services at any time, at our discretion as necessary for any reason, to include protecting the security or operation of the services.
Modifications to our Site or Services
We maintain the right to modify or discontinue services or site access with or without prior notice to you. We will not be liable to you, or any third-party entity should we exercise our right to cancel or modify this site or any services mentioned in these TOS. Should you object to any cancellations or modifications your sole recourse will be to cease use of this site and any services offered. Continued access of this site and any services offered by this site following any such modifications will indicate your acknowledgment and agreement of said modifications.
Disclaimer of Warranties
Items included in monthly orders are provided by the featured course of said month and are covered by a limited warranty as set forth by that course and/or the distributer or fulfillment center of said golf course pro shop. Should items arrive with clear evidence of manufacture defect the course and/or the distributor will be responsible for replacement of defective product. Should any item arrive with evidence of damage as a result of shipping or handling we will replace the item. Should any item arrive damaged please contact us at info@the-teebox.com. We do not hold any responsibility over the use of items or services. You agree that you will not sue The Tee Box for any claim related to the use of any product or service on provided. You agree that you are solely responsible for any damage caused as result of the use of any product or service provided on this site or as a Member.
Individual exclusion rights may vary based on your state. The extent that we may not disclaim any implied warranty is based on individual state laws, the scope of such warranty will be the maximum permitted by any applicable law.
Limitation or Liability
In no event shall licensor or its licensors, be liable to licensee or any third party for any general, special, indirect, incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, breach of security, or lost or damaged data) arising out of or connected in any way with this agreement, the licensed software, or any services rendered by licensor, even if licensor has been advised of the possibility of such damages. Excluding licensor’s indemnification obligations, the total liability of licensor to licensee for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) shall not exceed the total fees paid by licensee hereunder during the six (6) months immediately preceding the event giving rise to liability or $100.
The exclusion of certain warranties may not be permitted and vary based on state or local jurisdictions. The extent that we may not disclaim any implied warranty is based on individual state laws, the scope of such warranty will be the maximum permitted by any applicable law.
Under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Dispute Resolution
In the event of dispute between you and Us or any third-party service provider acting on Our behalf in relation to services provided as to which you are a member and as stated in these TOS shall first be communicated informally using appropriate modes of communication to include “contact us” form or email at info@the-teebox.com. Should any dispute arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration. Should an agreement not be reached through conventional means then all parties will be required to travel to Seattle, Washington. All parties will agree on a dispute resolution center utilizing a mediation style resolution and governed by the AAA’s Commercial Arbitration Rules. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Court review of award is limited in arbitration and there is no judge or jury. Arbitrators, however, can award the same damages and relief as one would receive in court and must follow the terms set forth in this agreement as a court would.
Non-appearance based arbitration. If elected, the arbitration will be conducted via telephone, video call, and/or based solely on written submissions. All submissions must be submitted in a timely manner and by the dates set by the arbitration center. The specific manner of arbitration will be selected by the party initiating the arbitration.
Waiver of jury trial. All parties waive their right to a jury trial in front of a judge and elect instead to settle all dispute by arbitration as set under this dispute resolution section. Arbitration procedures typically occur with limited court review. Should any dispute lead to or include litigation in any state of federal court both parties waive their right to a jury trial and instead elect that the matter be resolved by a judge. All disputes and claims that fall within the scope of this POS, to include this dispute resolution section, must be litigated on an individual basis, and not on a class basis. Claims that involve more than one customer may not be litigated or arbitrated jointly and must be disputed independently of each other.
All parties agree to keep any disputes, litigation, and arbitration proceedings confidential unless required by law, to include any and all awards issued by the arbitrator and compliance thereof. This does not, however, prevent any party from submitting any necessary information to a court of law that would be deemed necessary to enforce this dispute resolution section, any award issued by an arbitrator or to seek injunctive or equitable relief.
Miscellaneous
If any part of this agreement is found to be invalid or unenforceable by a court of law, then that specific provision will be limited or eliminated to the minimum extent necessary as to allow legal recourse and enforce the contract in full. Any new programs, site content, or promotions introduced by The Tee Box shall be subject to this agreement unless otherwise stated. We maintain the right to alter these Terms of Service at any time without prior notice. Any changes to these TOS will be communicated to you by email to the address provided by you in your settings. If you do not have an account, it is your responsibility to check these TOS with each visit to the Site and ensure you are familiar with and agree to these TOS. Shall any change be made we will post the “updated-on date” located at the top of this page.
Notice
Should a violation of Terms occur we will notify you via email or other reasonable means. Should you wish to notify us of any violation please send an email to info@The-TeeBox.com with the subject line, “Terms Violation”, or by mail to the address in the Contact section of this agreement.
Contact Information
The Tee Box
3965 Bethel Rd SE
Suite 1, Box 310
Port Orchard, WA 98366
Phone:
Fax: 760-843-8020
