Introduction

Welcome to the Wazaki® Golf Clubs, Hybrid Irons website (the “Site”). The Site is owned and operated by Wazaki Golf LLC (“Wazaki Golf”, “we” or “us”). By accessing or using the Site, you agree to be bound by these Terms of Use (the “Terms” or “Agreement”) and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use the Site.

We reserve the right to change or modify any part of these Terms at any time without prior notice. Your continued use of the Site after changes to the Terms constitutes your binding acceptance of the changes. Please check this page periodically for updates.

Use of the Site

You may view and download content from the Site solely for personal, non-commercial purposes. You may not use, copy, reproduce, distribute, modify, display, publish, license, create derivative works from, transfer, or sell any information or content obtained from the Site unless expressly authorized by these Terms or with our prior written consent.

You may not use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information. You may not use the Site to commit or engage in any activities that violate any criminal or civil law.

You agree to only purchase Wazaki® brand products from authorized retailers. We cannot guarantee the authenticity of any Wazaki® products purchased from unauthorized third party retailers. For a list of authorized retailers, please contact us.

You are prohibited from violating or attempting to violate the security of the Site. This includes accessing data not intended for your use; logging into a server or account which you are not authorized to access; probing, scanning or testing the vulnerability of any system or network; breaching security or authentication measures without proper authorization; interfering with service to any user, host or network; or flooding, spamming, mail bombing or crashing any services.

You may not use any data mining, robots or similar data gathering and extraction methods in connection with the Site. 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 Wazaki Golf without our express written consent. You may not use any meta tags or any other hidden text utilizing our name, trademarks or other proprietary information without our express written consent.

Registration and Accounts

You may browse the Site without registering for an account. However, to make purchases on the Site, you must register and create an account.

When you create an account, you agree to provide accurate, current and complete account information. You are solely responsible for activity that occurs in your account and agree to keep your account password secure. You must notify us immediately if you suspect any unauthorized use of your account.

You may not create an account on behalf of another individual or entity unless you are authorized to do so. You may not transfer or sell access to your account. We reserve the right to refuse service to, or terminate accounts of, any users in our sole discretion.

Order Process and Delivery

To purchase products on the Site, you must be at least 18 years of age. By placing an order on the Site, you represent and warrant that you are at least 18 years old.

All purchases are subject to product availability. We will notify you if any products you order are unavailable and you will have the option to cancel your order or replace the product with an alternative.

You agree to provide a valid email and shipping address with all orders. We reserve the right to verify the email and shipping address provided with any order and to cancel orders where we reasonably believe the information provided is false or inaccurate.

Shipping costs and delivery timelines may vary based on your location. All shipping costs and timelines will be clearly stated during checkout. We ship only to addresses in the continental United States. We do not ship to P.O. boxes.

Taxes and duties may apply to your order. You are responsible for compliance with all applicable local laws including tax laws. Additional duties or taxes may apply for international shipping.

Title and risk of loss pass to you upon our transfer of orders to the carrier. We are not responsible for lost shipments or any damage to products that occurs after transfer to the carrier.

Returns and Exchanges

Most unopened products are eligible for return or exchange within 30 days of delivery for a full refund. Opened products may be eligible for return or exchange under warranty policies. Custom fit clubs are final sale only.

To initiate a return or exchange, please contact us to obtain a Return Merchandise Authorization (RMA) number. RMA numbers are valid for 30 days. Products must be returned in original packaging with original tags. You are responsible for return shipping costs.

Refunds are generally issued to the original form of payment within 7-10 business days. Refund timing may vary for returns initiated close to the 30-day cut off. Exchanges will be shipped according to our standard delivery timelines.

We inspect all returns prior to issuing refunds. Refunds may be reduced for returned products that are damaged or missing components.

Reviews and Ratings

The Site may allow you to submit reviews of our products and services. When submitting a review, you confirm and agree that:

• The review reflects your honest, impartial experience with the product or service.
• You have personally used the product you are reviewing.
• You have not received any compensation or incentives for your review.
• Your review does not contain any false claims about the product or your experience with it.
• Your review does not contain any abusive, offensive, illegal, threatening, defamatory or libelous content.
• We may publish your review alongside your name and location.

We reserve the right to refuse to post or remove any review in our sole discretion. You grant us a perpetual, non-exclusive license to use, reproduce and modify any reviews you submit for our marketing purposes.

Use of Your Information

We take your privacy seriously. Please review our Privacy Policy for details on how we collect, use and disclose information about you.

By using the Site, you consent to our collection and use of your information as outlined in our Privacy Policy. If you do not agree with the Privacy Policy, you may not use the Site.

Intellectual Property Rights

All content on the Site, including text, graphics, logos, button icons, images, audio clips, data compilations, software and other materials, is our property or the property of our content suppliers and protected by United States and international copyright laws. The compilation and organization of all content on the Site is our exclusive property and protected by U.S. and international copyright laws.

You may not use any trademarks or service marks appearing on the Site without the prior express written permission of the trademark owner.

Disclaimer of Warranties

Your use of the Site is entirely at your own risk. The Site is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property or fitness for any particular purpose.

We do not warrant that the Site will meet your requirements; that it will be safe, timely, uninterrupted or error-free; that information provided through the Site is accurate, reliable or correct. We make no representations or warranties for any products or services purchased or obtained through the Site. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site.

Limitation of Liability

Under no circumstances shall we or our suppliers be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Site. This includes damages for lost profits, business interruption, loss of information and the like and claims by any third party even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary in these Terms, our total cumulative liability to you for any cause whatsoever arising out of these Terms will be limited to the amount you have paid us in the last 6 months. Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so some of the above limitations and disclaimers may not apply to you.

Indemnification

You agree to defend, indemnify and hold us harmless from any claims, liabilities, damages, losses and expenses arising out of your breach of these Terms or your use of the Site. You will cooperate as fully as required by us in the defense of any claim. We reserve the right to assume the defense and control of any matter subject to indemnification by you.

Governing Law and Disputes

These Terms are governed by the laws of the State of Tennessee without regard to conflict of law principles. Any legal action against Wazaki Golf arising out of these Terms must be filed within one year after the cause of action accrues. Any legal action will be settled in Davidson County, Tennessee courts, to whose jurisdiction you consent for this purpose.

In the event of any controversy, claim or dispute between you and Wazaki Golf arising out of or relating to these Terms, the parties agree to resolve all issues solely through final and binding arbitration. Any arbitration will occur in Nashville, Tennessee unless otherwise mutually agreed. The arbitration will be conducted by a single mutually agreed upon arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association.

Termination

These Terms are effective until terminated by you or us. You may terminate by discontinuing your use of the Site at any time without notice to us. We may terminate or suspend your access to all or part of the Site immediately for any reason, including your breach of these Terms.

Upon termination, your right to access and use the Site will immediately cease. Any provisions that by their nature should reasonably survive termination of these Terms shall continue in full force and effect.

General Provisions

Our failure to act on any breach of these Terms does not waive our right to enforcement at any time.

We may assign our rights and duties under these Terms. You may not assign yours without our prior written consent.

No joint venture, partnership, employment or agency exists between you and Wazaki Golf as a result of these Terms or your use of the Site.

If any part of these Terms is determined to be invalid or unenforceable, the remaining sections will remain intact and enforceable. The section headings and summaries contained herein are provided merely for convenience and shall not affect the interpretation of these Terms.

These Terms constitute the entire agreement between you and Wazaki Golf relating to their subject matter and supersede any prior representations, understandings and agreements between us regarding the same.