Terms of service
This website, located at palmratgolf.com (the "Site"), is provided by Palm Rat Golf, LLC, for itself and on behalf of its affiliates (“Palm Rat Golf,” "we," "our," or "us"), to the person accessing the Site ("you," or "your").
PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION (SECTION 20 BELOW)
1. You Agree to These Terms of Use by Using the Site.
Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. This is a legally enforceable contract (referred to hereafter as the “Agreement”).
Palm Rat Golf may, at any time and without notice to you, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. These Terms of Use may not be otherwise modified, supplemented, or qualified except in writing signed by you and a duly authorized representative of Palm Rat Golf.
We reserve the right to modify any programs, policies, information, products and services contained on the Site at any time and without notice to you. Visitors who use information contained on the Site or make decisions based on such information do so at their own risk. The failure by Palm Rat Golf to enforce at any time any of the provisions in these Terms of Use will in no way be construed as a waiver of such provisions.
Any new features or tools that are added to the Site shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Site.
If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Site.
2. Access and Use of InformationYou may use the Site, and any information contained on the Site, solely for legitimate general information or shopping purposes (or as otherwise expressly authorized by Palm Rat Golf). Any access or attempt to access other areas of Palm Rat Golf’s computer systems or other information contained on its systems for any purpose is strictly prohibited. By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
3. Accuracy Completeness and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
5. Modificaitons to the Site and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
5. Products
The products offered through Site may have limited quantities and are subject to return or exchange only according to our Returns/Refunds/Exchanges policy (see Section 11 below). We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
6. Submissions and Accuracy of Billing/Account Information
We reserve the right to refuse any order you place with us. 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
If you create an account, you must provide complete, true and accurate information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are responsible for any activity that occurs through your account, so be sure to maintain the confidentiality of your password and any other login credentials.
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. Palm Rat Golf does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, Palm Rat Golf is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Palm Rat Golf reserves the right to block or remove communications or materials that it determines to be unacceptable to Palm Rat Golf in its sole discretion.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Palm Rat Golf employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
All remarks, suggestions, ideas, content or other feedback communicated to Palm Rat Golf through or in connection with the Site and any modifications of derivatives thereof, and all rights in or related to the foregoing, shall forever be the exclusive property of Palm Rat Golf, without any compensation or other obligation to the person submitting such content. Without limiting the foregoing, you hereby grant Palm Rat Golf a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, modify, prepare derivative works of, copy, display, perform and distribute any content that you post to the Site. If you post any content to a publicly available portion of the Site, you grant other users the right to use, modify, copy and distribute such content. Palm Rat Golf shall exclusively own all data and metadata that is received or collected by, or transmitted through, Palm Rat Golf or the Site to the extent such data has been de-identified.
You must immediately notify us if you discover any unauthorized access to or use of the Site (or any associated content).
7. Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.
8. Notice; Electronic Communications
When you visit the Site or send emails to Palm Rat Golf, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the 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.
9. Privacy
Palm Rat Golf’s Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to the terms of the Privacy Policy. Any personally identifiable information (for example, your name, address, telephone number or email address) that you transmit to the Site by email or otherwise will be used by Palm Rat Golf in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. Be careful not to include any personal information in any reviews or any other publicly accessible portion of the Site.
10. Orders
In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, Palm Rat Golf reserves the right to refuse or cancel any orders placed for the product or service listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service. If your payment method has already been charged for the purchase and your order is cancelled, Palm Rat Golf will issue you a credit (to your credit card account or otherwise) in the amount of the incorrect price charged. Palm Rat Golf reserves the right to charge, collect or report any applicable taxes in connection with any Site-related transaction.
Palm Rat Golf reserves the right to refuse or cancel any orders placed by or on behalf of a person who has violated these Terms of Use or is otherwise unauthorized to use the Site.
Risk of loss and title for all products you order pass to you upon delivery to the carrier. For more information about orders, including shipping, delivery, returns and exchanges, email returns@palmratgolf.com.
11. Returns/Refunds/ExchangesAny brand-new, unused item can be returned within thirty (30) days of the date your order was placed, but we need to make sure that the product is in original condition with the product tag and original packaging. Please note that returns/refunds/exchanges are NOT accepted for sale items or gift cards/codes.
To start a return, please contact us at returns@palmratgolf.com. Please include your order confirmation number/details, and specify which item(s) you would like to return (if there are multiple items in your original order).
If your order qualifies for return, we will reply with instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
You must make your own arrangements for return shipping. All returned items must be unworn, unwashed, and complete with original tags and/or packaging if applicable. Please make sure all returned items are well packaged, so as to not be damaged in transit. Please include the original packing list/invoice with your return to avoid any delays in processing.
Once your return package is received by us, we will process the return and inspect the item(s). The decision regarding whether your return will be accepted is in the sole discretion of Palm Rat Golf. We do not take responsibility for items damaged or lost in the return transit, and we reserve the right to refuse any returns at any time if the item(s) is not in original condition/used/washed/product tag are removed/damaged.
If your return is accepted, we will notify you via email, and you will receive a refund for the price paid for the item(s) (minus the original shipping costs, if any) via your original payment method as soon as practicable. Generally, refunds are issued within ten (10) business days from the date we have informed you that your return has been accepted. Once accepted, we will also issue you a $5 store credit for future item(s) and/or exchanges (see below).
If your item(s) are not accepted, we will notify you via email and return the item(s) to you.
If you would like to exchange an item(s) (i.e. a different size, color, etc.), you should complete the return process as outlined above. For exchanges, you MUST inform us in your initial email to us at returns@palmratgolf.com that you intend to exchange for a different item following the completion of the return process. If your return is accepted, we will issue you a credit for free shipping on your new order, and you should then make a new purchase for the item(s) you want.
You can always contact us with any questions at returns@palmratgolf.com.
We reserve the right to amend, update or change our returns/refund/exchange policy at any time without notification.
Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
The site, including its content and materials, is provided “as is” and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. To the fullest extent permissible pursuant to applicable law, PALM RAT GOLF HEREBY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, Noninfringement, and fitness for a particular purpose. Palm Rat Golf DOES NOT WARRANT THAT OPERATION OF the site WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED, THAT the site OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE (OR ANY PRODUCTS AVAILABLE IN CONNECTION THEREWITH) WILL MEET YOUR SPECIFIC REQUIREMENTS.
Certain jurisdictions limit disclaimers of warranties or limitations of liability. In such jurisdictions, you may have additional legal rights, and the provisions of these Terms of Use will remain in effect to the fullest extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Palm Rat Golf, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
14. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER PALM RAT GOLF, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain jurisdictions limit disclaimers of warranties or limitations of liability. In such jurisdictions, you may have additional legal rights, and the provisions of these Terms of Use will remain in effect to the fullest extent permitted by law.
PALM RAT GOLF’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE SITE OR THESE TERMS OF USE SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE AMOUNT PAID BY YOU TO PALM RAT GOLF FOR THE APPLICABLE PRODUCT GIVING RISE TO THE CLAIM.
Palm Rat Golf shall not be responsible or liable for any failure or delay related to any events or circumstances beyond Palm Rat Golf’s reasonable control.
15. Third-Party LinksIn an attempt to provide increased value to our visitors, Palm Rat Golf may link to sites operated by third parties. However, even if the third party is affiliated with Palm Rat Golf, Palm Rat Golf has no control over such linked sites, all of which may have separate privacy and data collection practices, independent of Palm Rat Golf. Such linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Palm Rat Golf specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
Palm Rat Golf does not endorse the content, or any products or services available, on such sites. Nonetheless, Palm Rat Golf seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
16. Trademarks
The Site may contain Palm Rat Golf and third-party trademarks and service marks. All marks are the property of their respective companies/owners, and such marks may not be used without the consent of such party. All rights in the intellectual property contained in the Site including copyright, trademarks, trade secret and patent rights are hereby reserved by Palm Rat Golf. Access to the Site does not constitute a right to copy or use any intellectual property of Palm Rat Golf or its suppliers.
17. Copyright
Copyright © 2023, Palm Rat Golf, LLC. ALL RIGHTS RESERVED.
All content contained on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, and any compilations of the foregoing, are the property of Palm Rat Golf or its suppliers and protected by United States and international copyright laws. Palm Rat Golf hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring Palm Rat Golf services or products. You agree that any copy made must include Palm Rat Golf’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
18. Export ControlSoftware and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.
Palm Rat Golf does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control laws.
19. Governing Law
These Terms of Use and your use of the Site are governed by the laws of the State of Illinois, without regard to its choice of law provisions.
20. Dispute Resolution; Arbitration
If you have a claim, cause of action, or dispute, you must contact us first, so that you and we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration.
In case of any disputes between us that cannot be resolved through informal discussions, you and we hereby agree that, subject to the provisions of this section, any and all claims (including tort claims), causes of action, and/or disputes under, arising out of, or relating to these Terms of Use (each, a “Claim”) shall be settled by final and binding arbitration in accordance with the relevant rules of the American Arbitration Association (“AAA”) (as modified by, and subject to, these Terms of Use) such rules, as so modified, “AAA Rules”); provided, however, that: Claims arising out of or relating to your violations of Palm Rat Golf’s intellectual property rights, including copyright infringement, patent infringement, trademark infringement, or efforts to interfere with our Site or Services in unauthorized ways (each, an “IP Claim”) shall not be subject to such obligation for settlement by final and binding arbitration. The arbitrator’s decision and award shall be non-appealable and may be entered in, and shall be enforceable in, any court of competent jurisdiction.
The arbitration shall take place in the Cook County, State of Illinois; provided that you and we may participate in the arbitration by phone, by video, or via document submission to the fullest extent allowable by the arbitrator. Arbitration of any Claim(s) shall be subject to the AAA Rules, and shall be administered by the AAA. To the fullest extent permitted by applicable laws, rules, and regulations: (A) any evidentiary submission(s) made in arbitration shall be maintained as confidential in the absence of good cause for its disclosure; and (B) you and we agree not to disclose the contents of the arbitrator’s decision(s) to any third party (except as required by law, rule, or regulation, or for the purposes of enforcement or appeal of the arbitration award).
Each party will bear its own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).
If there is a final judicial determination that any particular Claim cannot be arbitrated in accordance with the provisions of this Section 20, then only that particular Claim (each, a “Non-Arbitrable Claim”) and any IP Claim(s) may be brought in court; all Claims other than Non-Arbitrable Claims and IP Claims not sought to be arbitrated remain subject to the above provisions. THE JURISDICTION AND VENUE FOR ALL NON-ARBITRABLE CLAIMS (AS DEFINED ABOVE) AND FOR ALL IP CLAIMS (AS DEFINED ABOVE) NOT SOUGHT TO BE ARBITRATED SHALL BE THE STATE AND FEDERAL COURTS IN COOK COUNTY, STATE OF ILLINOIS; WITH RESPECT TO NON-ARBITRABLE CLAIMS (AS DEFINED ABOVE) AND SUCH IP CLAIMS (AS DEFINED ABOVE), YOU HEREBY CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS AND HEREBY WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS. Nothing in this Agreement (including in this Section 20) shall limit the ability of either you or us to seek equitable relief in any court of competent jurisdiction.
The arbitrator may not award relief in excess of or contrary to what these Terms of Use provide, order consolidation or arbitration on a class-wide or representative basis, or damages in excess of or contrary to what these Terms of Use provide, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this Section 20 is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. This arbitration clause will continue to be valid even if these Terms of Use are no longer valid for any reason.
You must contact us within one year of the date of the event or facts giving rise to a Claim, or you will have waived the right to pursue a Claim based on such event or facts. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of this Agreement. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of the arbitration provisions of these Terms of Use or the interpretation of the prohibition of class and representative actions. If any of these dispute resolution provisions is found unenforceable, that provision shall be severed, and the balance of the dispute resolution provisions shall remain in full force and effect.
Class Action Waiver. YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION; AND (II) YOU MAY BRING A CLAIM(S) (AS DEFINED ABOVE) AGAINST PALM RAT GOLF ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. FOR PURPOSE OF CLARIFICATION, YOU CANNOT MAKE “CLASS ACTION” CLAIMS. The arbitrator cannot group your Claim(s) with any other claims, causes of action, or disputes.
21. TerminationThe obligations and liabilities of the parties incurred prior to the termination date shall survive the ttermination of this Agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof)
22. Entire AgreementThe failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and governs your use of the Site and our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
23. Assignment
Palm Rat Golf may assign its rights and duties under these Terms of Use to any party at any time without notice to you. You may not assign these Terms of Use or any of your rights or obligations hereunder.
24. Severability
If any provision of these Terms of Use shall be deemed illegal or unenforceable, such provision shall be enforced in all other circumstances and to the maximum extent permissible under applicable law, and such illegality or unenforceability shall not affect the validity and enforceability of any other provisions hereof.
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check the SIte periodically f1or changes. Your continued use of or access to the Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Questions about these Terms of Use should be sent to us at info@palmratgolf.com.
Our contact information is posted below:
info@palmratgolf.com.Palm Rat Golf, LLC
24690 Indian Trail Road
PO Box 1242
Barrington, IL 60011
Last updated: March 12, 2023