Terms & Conditions
Please read the terms & conditions carefully before using this website.
Welcome to our website Titan Golf Proshop. The following "Agreement" contains the terms and conditions that govern your use of our Site. The terms and Conditions make up a legally binding agreement created between you, whether personally or on behalf of a third-party entity, and Titan Golf Proshop, regarding your access to and use of Titan Golf ProShop website including browsing this Site, using any of its information, using any content, services, and downloading any material.
By accessing the Site, you agree, read, understood to be bound by these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, please do not use this Site in any manner.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you relinquish any right to receive specific notice of these changes.
1.1 The Site. Titan Golf Proshop will only knowingly provide the Website to parties that can lawfully enter into and form contracts under applicable law.
1.2 Compliance with the Agreement and Applicable Law. You must comply with all of their terms and conditions, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use Site.
1.2.1 Intellectual Property
1.2.2 Intellectual Property & Rights. Titan Golf Proshop owns or licenses all intellectual property and other rights, title, and interest in and to Site, and the materials accessible on and/or through Site. For example, and without limitation, Titan Golf Proshop owns trademarks, copyrights, and certain technology used in providing the Website. You will not acquire any right, title, or interest thereinunder this Agreement or otherwise unless expressly provided for herein. You make not use any TitanGolf Proshop owned and Titan Golf Proshop licensed trademark, copyright protected work, picture, video, or likeness of any Titan Golf Proshop -employee.
1.2.3 Accessibility. Titan Golf Proshop grants you a limited revocable license to access and use the Website–and any products or services you purchase on the Site-for its intended purposes, subject to your compliance with this Agreement. This license does not include the right to collect or use the information for purposes prohibited by Titan Golf Proshop or to compete with Titan Golf Proshop. If you use the Site in a manner that exceeds the scope of this license or breaches any relevant agreement, Titan Golf Proshop may revoke the license granted to you.
1.2.4 Third Party Services. Titan Golf Proshop may provide links on Website to other websites that are not affiliated with, under the control of, or otherwise maintained by Titan Golf Proshop, and may use third parties to provide certain services accessible through the Site. Titan Golf Proshop does not control those third parties or their services, and you agree that Titan Golf Proshop will not be liable to you in any way for your use of such services. Titan Golf Proshop does not endorse or make any representations or warranties about third-party sites or any information, software, or other products or services found there.
1.2.5 Notices to Copyrights Holder. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Site, please notifyTitan Golf Proshop immediately.
2. General Rules
2.1 Prohibited Use. You may not cause harm to Website. Specifically, but not by way of limitation, you may not: (i) interfere with Site by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide Website; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy Website; (vii) assist or encourage any third party in engaging in any activity prohibited by this Agreement; (viii) co-brand the Website; (ix) frame the Website; (x) hyper-link to the Website, without the express prior written permission of an authorized representative of Titan Golf Proshop; (xi) use the Website or purchase any product from the Website in Canadian provinces and US States in which such activities are inconsistent with applicable laws and/or regulations; or (xii) use any trademark owned and/or licensed by Titan Golf Proshop.
2.2 Modification of the Service. Titan Golf Proshop may modify Site and/or the Site Service at any time with or without notice to you and will incur no liability for doing so.
3. User Representations & Warranties
3.1 Mutual Representations and Warranties. Each party represents to the other that: (i) the party has the full power and authority to enter into and perform under this Agreement, (ii) execution and performance of this Agreement does not constitute a breach of or conflict with, any other agreement or arrangement by which the party is bound, and (iii) the terms of this Agreement are a legal, valid, and binding obligation of the party entering into this Agreement, enforceable in accordance with these terms and conditions.
3.2 By You. You represent and warrant to Titan Golf Proshop that, in your use of the Website, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal rights of any third party; (ii) will comply with all applicable laws, rules, and regulations; (iii) will not disrupt or damage any software or hardware; and (iv) will provide correct, current, and complete billing and contact information.
4.1 DISCLAIMER OF WARRANTIES. TITAN GOLF PROSHOP PROVIDES THE WEBSITE, ALL CONTENT, AND ALL TITAN GOLF PROSHOP PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TITAN GOLF PROSHOP DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR USE, OR ANY LIBERTY PRODUCT OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TITAN GOLF PROSHOP MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
4.2 EXCLUSION OF DAMAGES. TITAN GOLF PROSHOP WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF WEBSITE AND/OR ANY TITAN GOLF PROSHOP PRODUCT, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 LIMITATION OF LIABILITY. IN NO EVENT WILL TITAN GOLF PROSHOP ‘S LIABILITY IN CONNECTION WITH YOUR USE OF WEBSITE, ITS CONTENT, OR ANY LIBERTY PRODUCT EXCEED THE LESSER OF (i) THE AMOUNT PAID TO TITAN GOLF PROSHOP BY YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY.
4.4 TITAN GOLF PROSHOP RESERVES THE RIGHT TO OVERRIDE THE MONEY BACK GUARANTEE AND DENY A REFUND REQUEST IF THE ACTIVITIES INVOLVING THE PURCHASE AND/OR REFUND REQUEST IS JUDGED SUSPICIOUS OR UNREASONABLE.
5.1 You must indemnify and hold Titan Golf Proshop and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this Agreement through any act or omission. If you have to indemnify Titan Golf Proshop under this section, Titan Golf Proshop will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Titan Golf Proshop express written permission.
6. Terms & Termination
6.1 Upon termination, your license to use the Site shall terminate and the remainder of this Agreement shall survive indefinitely unless and until Titan Golf Proshop chooses to terminate them.
7. User Registration & Security
7.1 As part of the member registration process, you must complete the registration process by providing Titan Golf Proshop. with true, current, complete and accurate information as prompted by the applicable registration form. You shall maintain and promptly update such information to keep it true, current, complete and accurate.
7.3 Restrictions on Account. You shall notify Titan Golf Proshop within twenty-four (24) hours of the discovery of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including but not limited to loss, theft or unauthorized disclosure of your password.
7.4 Responsibility for Account Use and Account Termination. You are responsible for all usage or activity on your Titan Golf Proshop account. Titan Golf Proshop, in its sole discretion, reserved the right to terminate your account for fraudulent, abusive or otherwise illegal and/or unlawful activity. You acknowledge, agree and consent to the report by Titan Golf Proshop to the appropriate law enforcement agencies of any illegal and/or unlawful activity on your part. You acknowledge and agree Titan Golf Proshop shall not be liable to you or to any third party for the termination of your account or access by you to this Site.
8. Governing Law
9.1 All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) by mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Titan Golf Proshop, you must use the following addresses: Titan Golf Proshop, 5228 King George Blvd UNIT 103, Surrey, BC V3S 9M1. If Titan Golf Proshop provides notice to you, Titan Golf Proshop will use the contact information provided by you to Titan Golf Proshop. All notices will be deemed received as follows: (i) if by delivery by mail, seven (10) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
10.1 This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the province of BC without reference to conflict of law principles. This Agreement will not be assignable or transferable by you without the prior written consent of Titan Golf Proshop. This Agreement (including all of the policies and other Agreements described in this Agreement, which are hereby incorporated herein by this reference) contains the entire understanding of the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved.
The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect. This agreement is governed by the laws of the province of BC without giving effect to its conflict of law provisions. You hereby submit to the exclusive jurisdiction of the courts located in the cities of Surrey, Delta and Vancouver, in the province of BC, Canada, for any dispute arising from and/or relating to this Agreement and agree that any and all such actions may only be brought before a court located in the city of Surrey, Delta, or Vancouver, in the province of BC, Canada. If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which the party may be entitled.
10.2 Refunds on products or services purchased with a gift certificate/gift card will be re-applied to the certificate/card. Your use of a gift certificate/gift card constitutes acceptance of the following terms and conditions. This certificate is redeemable for products and services at Titan Golf Proshop. It cannot be refunded, is not redeemable for cash, is not for re-sale, is not a negotiable instrument and cannot be replaced if lost or stolen. We also reserve the right to cancel the certificate at any time if obtained illegally through fraud.
10.3 We reserve the right to deny our Satisfaction Guarantee if we deem the action or inaction of a client is questionable.
10.5 If you have questions or concerns regarding this Agreement, contact Titan Golf Proshop by e-mailing info “at” titangolfproshop.com and writing “Agreement” in the subject line.