TERMS OF SERVICE

OVERVIEW

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

The below 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 include important information about your legal rights and cover areas such as 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. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our 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 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, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, 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 of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to the device and display settings you use.

We do not warrant that the appearance or quality of products or services purchased by you will be exactly the same as depicted or rendered in our online store.

All descriptions of products 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 we offer 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. Holdout Golf Threads reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Holdout Golf Threads confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are 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 at the time the order is placed and will be shown in your order confirmation. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may be different from prices offered through third-party platforms or promotions. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between the terms for 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 made through our store. You agree to promptly update your account information as needed so that we can complete your transactions and contact you.

You represent and warrant that the payment information you provide is true, correct, and complete; that you are authorized to use the payment method provided; and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

All delivery dates and timelines are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, material or production delays outside our reasonable control, weather, natural disasters, or other events outside our control.

Additional information about shipping rates, destinations, and anticipated delivery timing is available in our Shipping & Delivery Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brand names, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Holdout Golf Threads, its affiliates, or licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit 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 a license or other rights to you under any patent, trademark, copyright, or other intellectual property belonging to Holdout Golf Threads, Shopify, or any third party.

Holdout Golf Threads’ names, logos, product and service names, designs, and slogans are trademarks of Holdout Golf Threads or its licensors. You must not use such trademarks without our 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 customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which those tools are provided.

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

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties, including Kickstarter and other third-party services.

We are not responsible for examining or evaluating the content or accuracy 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.

We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources, or content available through those websites.

Please carefully review the policies and practices of third parties before engaging in a transaction with them. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Holdout Golf Threads is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Holdout Golf Threads.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Holdout Golf Threads, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Holdout Golf Threads.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers as described in our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for purposes related to operating, improving, and promoting the Services.

You represent and warrant that you own or have all necessary rights to any Feedback you provide, that you have disclosed any compensation or incentives received in connection with your submission, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine in our discretion is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or violates intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of a third party, including copyright, trademark, privacy, personality, or other proprietary rights.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

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 without prior notice, including after you have submitted an order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to violate applicable laws or regulations; infringe upon intellectual property rights; harass, abuse, defame, threaten, or harm another person; transmit false or misleading information; distribute spam or malicious software; impersonate another person or entity; interfere with the operation or security of the Services; improperly collect personal information about others; or otherwise engage in conduct that restricts or inhibits another person’s use of the Services.

You may not reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services except as expressly permitted by us.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that you have violated these Terms.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an autonomous or semi-autonomous software agent (“Agent”) to access, use, or interact with the Services.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with applicable requirements and any technical restrictions imposed by us.

We may limit, including through technical measures, whether and how Agents access, use, or interact with the Services.

Agents must not conceal or misrepresent their automated nature, circumvent CAPTCHAs or other access-control measures, or avoid measures intended to block, limit, modify, or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

Sections that by their nature should survive termination will continue to apply following termination, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information.

EXCEPT AS EXPRESSLY STATED BY HOLDOUT GOLF THREADS, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW.

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

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL HOLDOUT GOLF THREADS, OUR PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Holdout Golf Threads, Shopify, and our respective affiliates, partners, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to a third party due to or arising from your breach of these Terms, violation of applicable law or the rights of a third party, or your access to and use of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us regarding your use of the Services and supersede prior or contemporaneous agreements and communications relating to the Services.

Any ambiguities in the interpretation of these Terms shall 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 without our prior written consent, and any such attempted assignment will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to conflict-of-law principles.

You and Holdout Golf Threads consent to venue and personal jurisdiction in the applicable state and federal courts located in South Carolina.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes. Your continued use of or access to the Services following the effective date of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Holdout Golf Threads
henry@holdoutgolf.com