Terms of service

OVERVIEW

Welcome to Mac Caddy! The terms “we,” “us,” and “our” refer to Mac Caddy. Mac Caddy operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Mac Caddy is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at https://maccaddygolf.com/policies/privacy-policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately represent our products and services in our online store. However, colors and product appearance may differ from what appears on your screen because of your device type, settings, and display configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or appear exactly as depicted or rendered in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Mac Caddy reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Mac Caddy confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Mac Caddy may be unable to accommodate cancellation or modification requests after an order is accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided when the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy, available at https://maccaddygolf.com/policies/refund-policy.

You represent and warrant that your purchases are intended for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be stated in your order-confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered in physical stores or other stores operated by third parties. We may periodically offer promotions that affect pricing and are governed by terms separate from these Terms. If a conflict exists between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit-card number, and expiration date, so we can complete your transactions and contact you when necessary.

You represent and warrant that: (i) the payment information you provide is accurate and complete; (ii) you are authorized to use the selected payment method; (iii) the charges you incur will be honored by your payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping, handling, and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

All processing and delivery times are estimates and are not guaranteed. Mac Caddy is not responsible for delays caused by shipping carriers, customs processing, inaccurate delivery information supplied by the customer, or events outside our reasonable control.

Once an order is transferred to the shipping carrier, title and risk of loss pass to you, except where applicable law provides otherwise. Nothing in this section limits any rights or remedies available to you under applicable consumer-protection laws.

Additional shipping information is available in our Shipping Policy at https://maccaddygolf.com/policies/shipping-policy.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Mac Caddy, its affiliates, or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual-property laws.

These Terms permit you to use the Services for personal, noncommercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other right under any patent, trademark, copyright, or other intellectual property belonging to Mac Caddy, Shopify, or any third party. Unauthorized use of the Services may violate federal, state, or international intellectual-property laws. All rights not expressly granted herein are reserved by Mac Caddy.

The Mac Caddy name, logos, product and service names, designs, and slogans are trademarks of Mac Caddy or its affiliates or licensors. You must not use these trademarks without Mac Caddy’s prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services. We do not monitor and have no control over or input into these tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind. To the fullest extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Your use of any optional tool offered through the Services is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms under which the relevant third-party provider supplies the tool.

We may offer new features through the Services in the future, including new tools and resources. Such features will be deemed part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content, accuracy, availability, or practices of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

To the fullest extent permitted by law, we are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content available through third-party websites.

Please carefully review a third party’s policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to that third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Mac Caddy is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made through our store are transactions directly between you and Mac Caddy.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Mac Caddy, including any injury, damage, or loss resulting from purchased products or services. To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Mac Caddy.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available at https://maccaddygolf.com/policies/privacy-policy. Certain personal information may also be subject to Shopify’s Consumer Privacy Policy, available at https://www.shopify.com/legal/privacy/consumers. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, which may be located outside your country or region of residence.

Please review our Privacy Policy for additional details regarding how Mac Caddy, Shopify, and our service providers collect, use, and disclose personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant Mac Caddy a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any lawful purpose, including commercial use.

We may use Feedback to operate, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that: (i) you own or possess all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with its submission; and (iii) the Feedback complies with these Terms.

We are under no obligation to: (i) maintain Feedback in confidence; (ii) provide compensation for Feedback; or (iii) respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, objectionable, or in violation of another party’s intellectual-property rights or these Terms.

You agree that your Feedback will not violate any third party’s rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, or obscene material, computer viruses, or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or mislead us or third parties regarding the origin of Feedback. You are solely responsible for the Feedback you provide and its accuracy. We assume no liability for Feedback posted by you or a third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, at any time and without prior notice, including after you have submitted an order, subject to applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:

(a) for an unlawful, fraudulent, or malicious purpose;
(b) to violate any international, federal, state, provincial, or local law, regulation, rule, or ordinance;
(c) to infringe or violate our intellectual-property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate another person;
(e) to transmit false or misleading information;
(f) to upload, download, use, or reuse material that does not comply with these Terms;
(g) to transmit unsolicited advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm Mac Caddy, Shopify, or users of the Services or expose them to liability.

You also agree not to:

(a) upload or transmit viruses or other malicious code;
(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others without authorization;
(d) spam, phish, pharm, scrape, crawl, or pretext the Services;
(e) use robots, spiders, scraping tools, data-gathering tools, automated devices, artificial-intelligence tools, or automated or manual processes to access the Services without authorization; or
(f) interfere with, bypass, or circumvent security or authorization features, robot-exclusion headers, or other measures used to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account without notice if we determine that you have violated these Terms, subject to applicable law.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can operate on a person’s behalf or device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with Section 14.4. An Agent may not access, use, or interact with the Services if we have requested that it refrain from doing so.

14.3 We may use technical or other measures to limit whether and how an Agent accesses, uses, or interacts with the Services.

14.4 Agents must: (i) identify each HTTP or HTTPS request as originating from an Agent and disclose the Agent’s name in the user-agent string using the format “Agent/[agent name]”; (ii) not conceal or obscure that access, use, or interaction originates from an Agent, including by mimicking human behavior or circumventing CAPTCHAs or other measures intended to distinguish computers from humans; (iii) respond truthfully to questions or prompts intended to determine whether an interaction originates from a human or computer; and (iv) not circumvent or avoid measures designed to block, limit, modify, or control an Agent’s access to, use of, or interaction with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to all or any portion of the Services, in our sole discretion and subject to applicable law. You will remain responsible for all amounts due through the effective date of termination.

The following sections will continue to apply after termination: Intellectual Property; Feedback; Termination; Disclaimer of Warranties; Limitation of Liability; Indemnification; Severability; Waiver; Entire Agreement; Assignment; Governing Law; Privacy Policy; and any other provisions that, by their nature, should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented through the Services is made available for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY MAC CADDY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAC CADDY AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 18 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Mac Caddy, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party losses, damages, liabilities, claims, and reasonable attorneys’ fees arising from: (i) your material breach of these Terms or documents incorporated by reference; (ii) your violation of applicable law or the rights of a third party; or (iii) your unlawful or unauthorized access to or use of the Services.

We will notify you of an indemnifiable claim. A failure to provide prompt notice will not relieve you of your obligations unless the delay materially prejudices your defense. We may control the defense and settlement of a claim at your expense, including the selection of counsel, but will not settle a claim in a manner that imposes nonmonetary obligations on you without your consent, which shall not be unreasonably withheld. You agree to reasonably cooperate in the defense of an indemnified claim, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law, and any unenforceable portion shall be deemed severed from these Terms. Such a determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us on or in connection with the Services constitute the entire agreement and understanding between you and Mac Caddy regarding your use of the Services. They supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to the Services.

Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent. Any attempted transfer or assignment in violation of this section will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations under them without your consent or prior notice, subject to applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which Mac Caddy provides the Services shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you and Mac Caddy consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, for disputes arising from or relating to these Terms or the Services.

Nothing in this section deprives a consumer of protections provided by the mandatory laws of the jurisdiction in which that consumer resides.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect their interpretation.

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any portion of these Terms by posting updates on our website. When required by applicable law, we will notify you of material changes. Such changes will become effective on the date stated in the notice or, if no date is stated, when posted.

Your continued use of or access to the Services after changes become effective constitutes your acceptance of the revised Terms, to the extent permitted by applicable law.

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms of Service should be sent to:

Mac Caddy
Email: maccaddygolf@gmail.com
Website: https://maccaddygolf.com
Business mailing address: 4264 E Bluefield Ave. Phoenix AZ 85032 
Support telephone number: 586-822-4676