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Customer Service

Phone
888-811-8467
Email
support@stocktongolf.com
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Terms Of Use

Welcome to the Dave Stockton website (davestockton.com; shop.davestockton.com; the “Site”), owned and operated by Stockton Enterprises, Inc. (“Stockton”). These Terms of Use constitute a legal agreement (“Agreement”) between Stockton (“us, or “our”) and you the user (“you”, “your”, or “User”) of the Site. Please read carefully the terms set forth below, as your accessing, browsing, and/or use of the Site constitutes your acknowledgment that you have read, understand and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use and you agree to comply with all applicable laws and regulations related to you use of the Site. If you do not agree to these Terms of Use, you are not authorized to use the Site and are prohibited from accessing or using the Site. Stockton, in its sole discretion and without notice to you, reserves the right to make changes to the Site and to these Terms of Use from time to time. When we make changes, we will post them here, in these Terms of Use. You may wish to check these Terms of Use periodically, because by visiting and/or continuing to use the Site, you agree to accept any such changes.

Merchandise Availability

Stockton takes pride in the exclusive, quality merchandise it provides through this Site. Availability may vary on the Site. Stockton will strive to keep the Site updated and provide accurate availability information. However, display of an item on the Site is not a guarantee that the item is currently in stock or that it will be available on our Site when you visit again. If you are unable to locate a particular item you previously viewed, or if you have any questions concerning the availability of a particular item, please contact our Customer Service at (888) 811-8467 or by e-mail at support@stocktongolf.com. Stockton will make every reasonable effort to fulfill your requests, if possible.

Merchandise Display

Stockton will make every reasonable effort to display its merchandise on the Site as accurately as possible. Unfortunately, various factors, including your computer system capabilities, may significantly affect what you actually see on your screen. Stockton is not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof. However, if you are dissatisfied with a purchase, you can return (subject to our return policy) or exchange your purchase. For more information regarding our return and exchange policy, please visit the “Shop” tab on the Site and click on the Shipping Policies link.

Site Transactions

We do not authorize the purchase of our merchandise for resale purposes, unless explicitly sold as “wholesale”. We reserve the right to limit or prohibit any orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, unless contracted prior to the sale. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed.

Electronic Communications

Visiting the Site or sending e-mails to Stockton constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

During the registration process, you agree to provide true, accurate, and complete information about yourself, and to update this information when it changes. This information will be handled in accordance with our Privacy Policy. When you register, you will be provided a password. You agree to keep your password confidential and secure. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Stockton is not responsible for third party access to your account that results from theft or misappropriation of your account. If you suspect there has been unauthorized use of your account or password, you should immediately notify Stockton. Stockton and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Stockton does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. You must be at least eighteen years old and capable of entering into legally binding contracts to use the Site. By using the Site, you represent and warrant that you meet the above eligibility criteria. Information collected during the registration process will only by used in accordance with our Privacy Policy.

Links to Third Party Sites

The Site may contain links to other websites (“linked sites”). The linked sites are not under the control of Stockton and Stockton is not responsible for the contents of any linked site, including without limitation any link contained in the linked site, or any changes or updates to a linked site. Stockton is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Stockton of the site or any association with its operators. Neither Stockton nor its affiliates makes any representations or gives any warranties with respect to any information contained in or at these linked sites, and neither Stockton now its affiliates shall be liable for any damages or injury arising from the content of these linked sites. Neither Stockton nor its affiliates endorses the individuals, companies or other similar entities that provide a link to the Site, or any products or materials associated with such individuals, companies or other similar entities.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Stockton may share such information and data with any third party with whom Stockton has a contractual relationship to process and provide the requested product, service or functionality on behalf of the Site’s users and customers.

Intellectual Property

The entire content (images and text) of the Site is copyrighted. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Stockton that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

All content included as part of the Site such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Stockton or its third party suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not break into the Site, nor will you modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Stockton content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Stockton and the intellectual property owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Stockton or our licensors except as expressly authorized by these Terms of Use.

Third Party Accounts

You will be able to connect your Stockton account to third party accounts. By connecting your Stockton account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy setting on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Site is controlled, operated and administered by Stockton from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Stockton content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of the State of California may request a list of all third parties to which Stockton has disclosed personal information during the preceding year for the third parties’ direct marketing purposes. This statement is provided, as it is California residents’ privilege to be aware of this right, however it is Stockton’s policy not to share personal information with third parties for their direct marketing purposes.

Termination/Access Restriction

Stockton reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and in the event of any dispute or action arising out of the subject matter of this Agreement, arising out of or relating to the use of the Site, or to enforce the terms of this Agreement, you hereby consent and submit to the exclusive jurisdiction and venue of the Superior Courts of California for the Count of San Bernardino, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Stockton as a result of this Agreement or use of the Site. Stockton’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Stockton’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Stockton with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Stockton with respect to the Site and it supersedes all prior or contemporaneous communications or proposals, whether electronic, oral or written, between you and Stockton with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.

Indemnification

You agree to indemnify, defend, and hold harmless Stockton, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses including reasonable attorneys’ fees, relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any applicable laws, rules or regulations. Stockton reserves the right at its own cost to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Stockton in asserting any available defenses.

Disclaimer- Limitation of Liability

The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information on the Site. Stockton and/or its suppliers may make improvements and/or changes to the Site at any time.

Stockton and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STOCKTON AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STOCKTON OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, or with our Privacy Policy, your sole and exclusive remedy is to discontinue using the Site.