Last Updated: March 01, 2023
Please read these terms and conditions carefully before using the thenitrogolf.com website (the “Site”) operated by Nitro Golf (“Nitro Golf”, “us”, “we”, or “our”). Your access to and use of this Site constitutes your agreement to be bound by these Terms and Conditions and is subject to your continued compliance with these terms.
These Terms apply to the entire contents, services, features, tools, and information made available on the Site. By using this Site, you signify your consent and agreement to these Terms. If you do not agree to these Terms, please do not use this Site.
Site Access
Registration. Certain features or services offered on or through the Site may require user registration. It’s your responsibility to ensure your account’s contact information is accurate and kept up to date.
Passwords. You are responsible for maintaining the confidentiality of your user name, password, and account information. Sharing access or granting usage of your account to others is prohibited.
Legal Capacity. You may not access or use the Site if you are not legally permitted to enter into an agreement or are under the age of 13. Minors must have parental consent to use the Site.
Authority. By accepting these Terms, you confirm you are authorized to enter into this agreement and obligated to comply with all applicable laws when using this Site.
Site Content & Ownership
Proprietary Rights. The Site contains copyrighted materials, trademarks, patents, or other proprietary information owned by Nitro Golf. Use of trademarks or other content without permission is strictly prohibited.
Limited License. Nitro Golf grants you a limited license to access and make personal use of the Site. You are not permitted to download, modify, edit, alter, enhance, publish, transmit, participate in transferring, sell, create derivative works from, or otherwise exploit the Site content.
No Data Mining or Scraping. You cannot use any automated systems, spiders, robots, crawlers, data mining tools, scraping or other technology to access, copy, index, frame, or automate any part of the Site without written consent from Nitro Golf.
No Distribution. You may not transmit, distribute, replicate, republish, or circulate Site content on any platform without written authorization from Nitro Golf.
Any violation of Site content ownership or Site policy gives Nitro Golf the right to suspend or prohibit your access.
User Content
User Submissions. The Site may allow submission of content including comments, reviews, photos, videos, etc. You retain ownership of any original content submitted. However, by sharing content, you grant Nitro Golf permission to reproduce, modify, and publish the material for any purpose.
Community Guideline. Shared content must be yours to publish and not violate the law. You are fully liable for all content published or shared through your account. Content that is illegal, threatening, defamatory, invasive of privacy, infringing, abusive, inflammatory, or otherwise objectionable is prohibited.
Moderation. Nitro Golf may review, move, remove, edit, or delete any content shared on its Site in its sole discretion. We may limit, suspend, or revoke account privileges for any reason.
No Confidentiality. Do not post or submit any content you consider confidential or proprietary. User submissions are not confidential and Nitro Golf cannot guarantee protection of shared secrets.
No Obligation. Nitro Golf has no obligation to store, maintain, or return any unsolicited submissions. User content is deleted from active production upon account closure. Back-up or residual copies may remain on backup systems.
Purchasing Products/Services
Order Process. By submitting an order, you are offering to purchase the products or services detailed per the Site’s ordering and fulfillment processes. All orders require acceptance which will occur via delivery confirmation.
Availability. Inventory may change without notice based on demand. We endeavor to update the site as soon as possible if an product is out of stock but cannot guarantee availability.
Price/Currency. Offered prices and currency are quoted in U.S. dollars. We make our best effort to ensure prices are accurate but typos may occur. If a price error is found, we will notify you promptly and await your approval of the correct price before finalizing your order.
Payment. All orders require upfront payment typically through credit card. Alternate payment options may be available upon request like PayPal, check, or wire transfer. Orders are not guaranteed until payment is received in full.
Taxes. Applicable taxes may be added to orders. It is your responsibility to pay any import duties, customs fees, and local VAT on international shipments.
Shipping. We will make all reasonable efforts to deliver your order on time using accepted practices and routes. However, we cannot guarantee a specific delivery date/time.
You agree to release the company from liability for any packages marked delivered that you have not received due to theft or other interference outside of our control.
Cancellation/Refunds. Unshipped orders can be cancelled at any time. Shipped orders can be returned within 30 days under our returns policy. Approved refunds may take 3-5 business days to process.
Errors. We will make appropriate efforts to fix problems if an order is not fulfilled correctly. Contact us as soon as possible and we will work to find the best possible resolution. Refunds or replacements given per our sole discretion.
Usage Rules
As a condition of your access to the Site, you agree to use the services only for lawful purposes and in compliance with all applicable laws and these Terms of Use.
No Illegal, Dangerous, or Abusive Uses. You may not use this Site to publish content or for any purpose that is unlawful, illicit, threatening, abusive, harassing, tortious, defamatory, fraudulant, invasive of privacy or publicity rights, vulgar, gratuitously violent, obscene, bigoted, hateful, indecent, pornographic, libelous, infringing, or otherwise objectionable.
No System Disruption. You may not use any technology, device, software, routine, or attempt to access or interfere with this Site’s features, servers, networks, or security protocols to damage, disable, interfere, improperly access, or compromise any system, equipment, or data.
No Unauthorized Access. You cannot attempt to gain access to the accounts, computer systems, or confidential information of others on the Site. You may not obtain or attempt to obtain unauthorized access to any materials or features, or any information not intentionally made publicly available. If you have evidence someone has gained unauthorized system access, notify Nitro Golf immediately.
Any violation of these usage rules may lead to termination of your account along with referral to law enforcement as appropriate.
Promotions
Contests & Sweepstakes. Official rules for giveaways, contests, sweepstakes and other promotions govern entry requirements and participation. By entering a promotion, you agree to the presented Official Rules.
Rewards Programs. Points, rewards, discounts, or other benefits received through a Nitro Golf rewards program are provided as a courtesy. Reward accumulations have no cash value. Termination or suspension of account, program, or orders voids any rewards or points accrued.
Referral Programs. Any referral award program is discretionary and can be modified or discontinued by Nitro Golf at any time without notice. Referral awards only redeemable under valid paid orders.
Sales & Promo Codes. Discount codes and sales promotions are limited time offers valid while supplies last. Offers void where prohibited. Codes only redeemable on applicable items and valid orders. Sales, discounts and promo codes non-transferable.
Limited Quantities. We try to accurately display availability of promotional items but limited inventory means they may sell out or expire prior to order placement. Nitro Golf reserves the right to cancel orders and refund payments when out-of-stock issues arise.
Promotional value, availability, and requirements may change in Nitro Golf’s sole discretion and without notice.
Intellectual Property
The Site and Services contain copyrighted material, trademarks and other proprietary information. You agree to respect Company’s intellectual property rights. Except as expressly authorized, you may not copy, modify, publish, transmit, license, create derivative works from, transfer, or sell any information obtained from this Site.
Trademarks. The trademarks, logos, and service marks displayed on the Site are the registered and unregistered trademarks of Nitro Golf.
License. Nitro Golf grants you a limited revocable license to access and use the Site pursuant to these Terms. No other license is granted. All rights not expressly granted in the Terms are reserved.
Any feedback, comments, or suggestions provided by you becomes the sole property of Nitro Golf. You irrevocably assign all right, title and interest in feedback to Nitro Golf and acknowledge we have the unrestricted right to use it in any manner without compensation, attribution or liability to you.
Assumption Of Risk
There are risks inherent when participating in any recreational activity. Use of this Site and participation in its content is at your own risk. To reduce injury risks, always use proper safety precautions and exercise caution when following instructions or advice. Activities, exercises and techniques displayed should only be conducted with proper supervision and equipment. It is your responsibility to ensure you are healthy enough to participate.
The information on this Site is provided for informational use only. It should not be relied upon as professional advice. You should obtain appropriate professional consultation before taking any action. Use of any content or materials provided by Nitro Golf does not guarantee fitness results or safety.
Nitro Golf makes no representations about completeness or accuracy of any information provided on this Site. We are not liable for any harm or injury that may result from your use of this Site. You hereby waive and release Nitro Golf from any and all claims for damages arising from such risks.
Disclaimer Of Warranties
This site including all its materials and services is provided “as is” without warranty of any kind, express or implied. Nitro Golf expressly disclaims all warranties of any kind including but not limited to the following:
- Accuracy, completeness or current state of Site content
- Timeliness or uninterrupted availability of the Site
- Any products, services, information, tools or promotions on the Site
- Security or vulnerability of Site servers
- Correcting defects, errors, omissions on the Site
- Ability of the Site to fulfill any user’s purposes
Nitro Golf cannot guarantee the Site will continuously operate or be error-free. We reserve the right to modify, suspend or discontinue all or part of the Site with or without notice. You acknowledge use of this Site is at your own discretion with no guarantees.
Limitation Of Liability
Nitro Golf will not be liable for any compensatory, indirect, incidental, special, consequential or punitive damages, lost revenue, lost profits or reputational harm connected to your use of this Site or any linked external websites.
Certain state laws do not allow limitations on implied warranties or exclusion of certain damages. If these laws apply, aspects of the above limitations may not apply. However, in such states, liability is limited to the greatest extent permitted by law.
Indemnification
As a condition of use, you agree to defend, indemnify and hold harmless Nitro Golf as well as our parent company, officers, directors, employees and agents from and against any liabilities, expenses, damages and costs arising from any claim related to your use of the Site or violation of these Terms.
Nitro Golf reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with that defense. Your indemnification obligations remain in force even after Site access ends.
Termination Of Access
Nitro Golf can terminate or suspend your Site access for any reason at our discretion, including violation of these Terms. Accounts may be terminated if invalid/fraudulent in the Company’s determination.
You agree we are not liable to you or any third-party as a result of account termination or suspension. Upon termination, your license to Site access will end while certain provisions of these Terms survive termination.
Governing Law
These Terms shall be governed by the laws of the State of California without regard to choice of law principles. Any disputes related to these Terms, the Site, or your access to it shall be subject to jurisdiction and venue in the state and federal courts in Los Angeles County, California.
Class Action Waiver
You agree that any controversy or claim related in any way to the Site or these Terms must be pursued on an individual basis. You waive the right to commence or participate in any class action lawsuit against Nitro Golf and its owners, employees, affiliates, and subsidiaries.
Binding Arbitration
You and Nitro Golf agree that should a dispute arise concerning any facet of your involvement with the company, whether it be related to products ordered, services rendered, payments made, or any other issue, the dispute will be submitted to binding arbitration. This binding arbitration supersedes any other arbitration or dispute resolution process that may be available.
Complete Agreement
These Terms constitute the entire agreement between you and Nitro Golf regarding use and access to the Site. If any part of the Terms is deemed invalid, the remaining clauses will remain in effect. No waiver of any provision by Company shall be deemed a further waiver of that or any other provision.
Contact Us
Please contact us with any questions about these Terms and Conditions or your use of this Site overall:
Nitro Golf
2001 Sierra Madre Circle
Chino Hills, CA 91709
Email: [email protected]
Phone: 1-800-555-1884
These Terms were last updated on March 01, 2023. We reserve the right to update them at any time and modifications become effective when posted. Continued use of the Site indicates agreement with any changes. Please check back periodically for updates.
