PRIVACY, SECURITY & TERMS
Last updated: 4/25/2019
SwingCity Sports (“us”, “we”, or “our”) operates http://swingcitysports.com (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection And Use
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name (“Personal Information”).
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”).
This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this information in an effort to better serve our visitors.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that we believe you will find beneficial. You can opt out of these communications by contacting us.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Please view our Cancellation Policy page for full details.
TERMS & CONDITIONS
Conditions of Use
Welcome to our website. SwingCity Sports and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
When you visit SwingCity Sports or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SwingCity Sports or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of SwingCity Sports, with copyright authorship for this collection by SwingCity Sports, and protected by international copyright laws.
SwingCity Sports’s trademarks and trade dress may not be used in connection with any product or service that is not SwingCity Sports, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SwingCity Sports. All other trademarks not owned by SwingCity Sports or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SwingCity Sports or its subsidiaries.
License and Site Access
SwingCity Sports grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SwingCitySports. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SwingCity Sports. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SwingCity Sports and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SwingCity Sports’s name or trademarks without the express written consent of SwingCity Sports. Any unauthorized use terminates the permission or license granted by SwingCity Sports. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SwingCity Sports so long as the link does not portray SwingCity Sports, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SwingCity Sports logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this 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. If you are under 18, you may use our website only with involvement of a parent or guardian. SwingCity Sports and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails and Other Content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SwingCity Sports reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant SwingCity Sports and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SwingCity Sports and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify SwingCity Sports or its associates for all claims resulting from content you supply. SwingCity Sports has the right but not the obligation to monitor and edit or remove any activity or content. SwingCity Sports takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from SwingCity Sports are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product and Service Descriptions
SwingCity Sports and its associates attempt to be as accurate as possible. However, SwingCity Sports does not warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SwingCity Sports itself is not as described, please contact us to discuss the matter.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SwingCity Sports ON AN “AS IS” AND “AS AVAILABLE” BASIS. SwingCity Sports MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SwingCity Sports DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SwingCity Sports DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SwingCity Sports ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SwingCity Sports WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting SwingCity Sports, you agree that the laws of the state of Pennsylvania, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SwingCity Sports or its associates.
Any dispute relating in any way to your visit to SwingCity Sports or to products/services you purchase through SwingCity Sports shall be submitted to confidential arbitration in Pennsylvania, United States, except that, to the extent you have in any manner violated or threatened to violate SwingCity Sports’s intellectual property rights, SwingCity Sports may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania, United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, such as our Cancellation policy, posted on this site. These policies also govern your visit to SwingCity Sports. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.