TERMS & CONDITIONS

These terms and conditions of use ("Terms of Use") govern your use of the Parsons Xtreme Golf, LLC ("PXG") website at www.pxg.com (the "Site"), including your purchase of products from the Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, which are incorporated into these Terms of Use by this reference. By accessing or using the Site, you agree to be bound by these Terms of Use and Privacy Policy, which form a legally binding agreement (the "Agreement"). If you do not agree to be bound by the Agreement, please do not use the Site.

1. Ownership of the Site and Content

All pages within this Site, and any material made available for download, unless otherwise noted, are the property of PXG. The Site is protected by international copyright and trade mark laws. The content of the Site, including, without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, the "Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by PXG in writing.

You may view, copy, print and use Content contained on this Site solely for your own personal use and provided that: (1) the Content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; and (3) no graphics, images, or photographs available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trade mark or other proprietary notice. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trade mark or other intellectual property of PXG or any third party, except as expressly provided herein.

2. Code of Conduct

In accessing and using this Site, you agree that you will not:

  • Engage in any fraud or misrepresentation, including, without limitation, impersonating another person or entity, providing us with the personal information of another person without permission, or adopting a false identity if the purpose of doing so is to mislead, deceive, or defraud.
  • Use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
  • Gain or attempt to gain unauthorized access to this Site, accounts, computer systems, or networks connected to Site, through hacking, password mining, or any other means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others, such as names or email addresses.
  • Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Interfere or attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing."
  • Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from PXG on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).
  • Violate any applicable law, rule, regulation, or ordinance.
  • Infringe or violate another person’s rights, including privacy and intellectual property rights.
  • Violations of system or network security may result in civil or criminal liability. PXG will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

3. Limitation of Liability Regarding Use of Site

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. PXG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE. PXG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THIS SITE WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.

PXG IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

NOTHING IN THIS AGREEMENT SHALL LIMIT PXG'S LIABILITY (OR THAT OF ANY THIRD PARTIES MENTIONED ON THIS SITE) FOR (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (B) FRAUD, (C) FRAUDULENT MISREPRESENTATION OR (D) BREACH OF ANY TERMS IMPLIED BY LAW INTO A CONTRACT FOR THE PURCHASE OF GOODS WHICH CANNOT BE EXCLUDED.

SUBJECT TO THE ABOVE PARAGRAPH, PXG AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, ERRORS OR INACCURACIES, PROPERTY DAMAGE CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

4. Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PXG’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

5. Indemnification

You agree to defend, indemnify and hold harmless PXG and its affiliates, and their respective officers, representatives, directors, employees, consultants or agents from and against any and all third party claims, losses, liabilities, damages and expenses (including, without limitation, reasonable attorney's fees) arising from or related to your use of any Content downloaded or otherwise obtained from the Site, or your breach of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of PXG or any other person or entity.

6. Links

This Site may contain links to websites, applications or other services operated by third parties (the "Linked Sites"). PXG does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, legality, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available, on or at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply PXG's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the Site.

7. Modification/Termination by PXG

PXG reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, and/or your use of this Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties and indemnification obligations made by you, and by the disclaimers and limitations of liability. Additionally, PXG shall not be liable to you or any third party for any termination of your access to the Site.

In its sole discretion, PXG may from time-to-time revise these Terms of Use and its Privacy Policy. PXG will provide prominent notice of any material changes.

8. Dispute Resolution

PXG is committed to working with you in the event of a dispute. If you have a problem or dispute, please notify PXG and give PXG an opportunity to resolve your problem or dispute amicably. Please send a written description of your problem or dispute using the following email address: info@pxg.com or mailing address:

Parsons Xtreme Golf, LLC
15690 N. 83rd Way
Scottsdale, Arizona 85260

info@pxg.com

In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

9. General

Severability: In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Governing Law: These Terms of Use shall be governed by the laws of the England and Wales. You hereby consent to the jurisdiction of the courts of England and Wales in all disputes arising out of or relating to the use of this Site.

Assignment. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of PXG, and any attempt to do so is void.

Entire Agreement; No Waiver. These Terms of Use and the PXG privacy policy constitutes the entire agreement between you and PXG regarding the use of the Site. PXG's failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Contact Us. For any questions or concerns about this Site or the Content herein, please contact us at info@pxg.com.

 

Limited Warranty

ASSEMBLED GOLF CLUBS:

With respect to a PXG-manufactured fully assembled golf club sold via authorized PXG retailers or resellers, subject to the limitations on all warranties (which are set forth below), Parsons Xtreme Golf (PXG) warrants: (A) to the original consumer or a gift recipient whereby the golf club is gifted in a new and unused condition, that the golf club will be free from defects in materials and workmanship during normal and customary use for the lifetime of the golf club, and (B) to the individual who purchases the golf club component from the original consumer or a gift recipient whereby the golf club component is gifted in a used condition, that such golf club will be free from defects in materials and workmanship during normal and customary use for one (1) year from the original date of purchase; provided that, in each case, the golf club has not been abused, altered, defaced, or misused, or otherwise damaged through the act or neglect of the consumer or a third party.

A golf club is covered by this warranty if, in the sole discretion of PXG, the golf club has undergone conventional club modifications (e.g., re-gripping) and no damage was done as a result of the modification.

This warranty regarding fully assembled golf clubs does NOT cover normal wear and tear, and serial numbers must be valid and unaltered. In addition, tour issue golf clubs are not issued for resale and are therefore not covered under this warranty.

GOLF CLUB COMPONENTS:

With respect to a PXG-manufactured individual golf club component (e.g., a club head) sold via authorized PXG retailers or resellers, subject to the limitations on all warranties (which are set forth below), PXG warrants: (A) to the original consumer or a gift recipient whereby the golf club component is gifted in a new and unused condition, that such golf club component will be free from defects in materials and workmanship during normal and customary use for the lifetime of the golf club component, and (B) to the individual who purchases the golf club component from the original consumer or a gift recipient whereby the golf club component is gifted in a used condition, that such golf club component will be free from defects in materials and workmanship during normal and customary use for one (1) year from the original date of purchase; provided that, in each case, that the golf club component has not been abused, altered, defaced, or misused, or otherwise damaged through the act or neglect of the consumer or a third party. With respect to any such golf club component, PXG makes no warranties as to other parts with which such golf club component may be combined, including, but not limited to, any bonding or connection between the component and any other parts with which it is joined by a party other than PXG.

This warranty regarding golf club components does NOT cover normal wear and tear, and serial numbers must be valid and unaltered. In addition, tour-issued golf club components are not issued for resale and are therefore not covered under this warranty.

GOLF APPAREL AND ACCESSORIES:

With respect to PXG apparel and accessories (other than assembled golf clubs or individual golf club components), PXG warrants, to the original consumer only, that such apparel and accessories will be free from defects in materials and workmanship during normal and customary use for six (6) months from the original date of purchase from an authorized PXG retailer or reseller or directly from PXG, provided: (1) the consumer presents proof of purchase in the form of an original cash register receipt from the authorized PXG retailer or reseller from whom the consumer purchased the apparel or accessory; and (2) the apparel or accessory has not been abused, altered, defaced, or misused, or otherwise damaged through the act or neglect of the consumer or a third party.

This warranty regarding apparel and accessories does NOT cover normal wear and tear.

LIMITATIONS ON WARRANTIES FOR ALL PXG PRODUCTS:

If a PXG product is purchased from a seller other than an authorized PXG retailer or reseller, the warranties set forth above do not apply, and in such event PXG disclaims all warranties for such product, including the warranties of merchantability and fitness for a particular purpose.

With respect to all PXG products eligible for warranty pursuant to the terms stated above, any repaired or replacement product will be warranted from the date of purchase of the original product from an authorized PXG retailer or reseller or directly from PXG, not from the repair or replacement date.

PLEASE NOTE THAT THE WARRANTY SET OUT ABOVE IS IN ADDITION TO, AND DOES NOT SUPERCEDE OR AFFECT, YOUR STATUTORY RIGHTS IN RELATION TO GOODS AS SET OUT IN THE CONSUMER RIGHTS ACT 2015. With the exception of the rights implied by the Consumer Rights Act 2015 and any other mandatory statutory warranties, there are no other warranties that extend beyond the warranties set forth above.

WITH THE EXCEPTION OF THE RIGHTS IMPLIED BY THE CONSUMER RIGHTS ACT 2015 AND ANY OTHER MANDATORY STATUTORY WARRANTIES, THE FOREGOING LIMITED WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTIES, AGREEMENTS, AND SIMILAR OBLIGATIONS OF A MANUFACTURER OR SELLER OF GOODS.

PXG IS NOT LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE USE OF PXG PRODUCTS. HOWEVER NOTHING IN THIS LIMITED WARRANTY SHALL EXCLUDE ANY PARTY'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (B) FRAUD OR (C) FRAUDULENT MISREPRESENTATION.

No person, agent, distributor, dealer, retailer, reseller or other third party is authorized to change, modify, or extend the terms of these warranties in any manner whatsoever.

These warranties give you specific legal rights. You may also have other rights imposed by applicable law.

WARRANTY PROCEDURES FOR ALL PXG PRODUCTS:

If a PXG product is eligible for warranty pursuant to the terms and conditions stated above, PXG, in its sole discretion, will (1) repair the defect; (2) replace the defective product with the same or a comparable product; or (3) refund your actual purchase price less reasonable depreciation based on actual use in any instance where the product is no longer available and repair is not possible upon prompt return of the product to PXG through any authorized PXG retailer or reseller.

If you have purchased your warranted PXG product from an authorized PXG retailer or reseller, you must contact the original place of purchase to handle all warranty claims. All purchases made at an authorized PXG retailer or reseller are to be brought directly to that particular retailer or reseller for evaluation, not PXG.

If you have purchased your warranted PXG product directly from PXG, please contact the PXG Player Support Department directly for a return materials authorization number at 1-844-PLAY-PXG (1-844-752-9794). Once the PXG Player Support Department determines the product is eligible under a warranty set forth above, a “Return Authorization Number” will be issued to you along with shipping instructions. The Return Authorization Number must be visible on the exterior of the package containing the returned product in order to be physically received by the warehouse. Issuance of a Return Authorization Number does not mean that PXG will necessarily accept the warranty claim as valid; conditions which make a product ineligible for warranty may be identified upon PXG’s receipt of the returned product.

If you have any questions regarding the warranties described above, please contact your nearest authorized PXG retailer or reseller or the PXG Player Support Department at 1-844-PLAY-PXG (1-844-752-9794).

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