eCommerce Terms & Conditions
Welcome to the Miles of Golf's eCommerce store. Miles of Golf is a d.b.a. for Lake Country Distributing, Inc. a Michigan corporation formed in 1960. We have two large golf facilities with golf shops, practice ranges, and teaching facilities in Ann Arbor, Michigan and Cincinnati, Ohio.
CHANGES TO THE WEBSITE.
Miles of Golf reserves the right to revise these Rules at any time by updating this posting; however, any change to these Rules after your last usage of the Site will not be applied retroactively. Please check back periodically for changes. The Rules were last updated on June 1, 2020. There have been no changes since that date. Your continued use of the Site following the posting of changes to these Rules will mean you accept those changes and that they apply to you.
Miles of Golf maintains this Site and its contents for your personal information, entertainment and education. You may view and download material displayed on the Site for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, re-transmit, republish, reuse, re-post, or use the contents of this Site for public or commercial purposes, without Miles of Golf's prior written permission. You may not alter or interfere with the content or functioning of the Site, or "mirror" any content contained on this Site on any other server.
Miles of Golf welcomes your comments. Any communication or material you transmit to Miles of Golfor post to the Site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary, and you hereby grant a non-exclusive license to Miles of Golf or its affiliates to use such content (including, without limitation, to modify, transmit, publish, broadcast, publicly perform, publicly display, reproduce, and distribute such content) for any purpose including, but not limited to, developing, manufacturing or marketing products, and product or service solicitations. You may not post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, harassing, abusive, obscene, vulgar, pornographic/sexually explicit, or profane material; any other material that is intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; or anything that you are under a contractual obligation to keep private or confidential. Notwithstanding the foregoing, these Rules in no way limit your rights under the Consumer Review Fairness Act of 2017 (H.R. 5111).
Testimonials on this Site are unsolicited and are non-representative of all golfers. Miles of Golf has received many testimonials and has selected appropriate testimonials for posting on this Site. We reserve the right to edit testimonials to clarify content and remove objectionable materials, among other things. Testimonials represent the viewpoints and unique experiences of individual golfers with Miles of Golf products and should not be taken as indications or guarantees of future results of other golfers using the same or similar products. Although most Miles of Golf products are designed to provide optimal performance over a wide range of swing speeds, certain golfers may have a different experience or performance with the same or similar Miles of Golf product mentioned in these testimonials. Miles of Golf does not represent nor does it warrant that any golfer will or is likely to achieve the same or similar results using these Miles of Golf products.
Occasionally, an item offered for sale on our Site may be mis-priced. Miles of Golf reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. In the event that your credit card has been charged for the purchase and your order is cancelled, Miles of Golf will issue a credit to your credit card account in the amount of the charge. All pricing and offers are subject to change without notice.
DISCLAIMER OF WARRANTY.
Miles of Golf does not warrant or represent that the content at the Site is accurate, or that the Site's operation will be error-free or uninterrupted, or that it will be free of viruses or other harmful components. You use the Site at your own risk. Miles of Golf does not represent or warrant that your use of materials displayed on this Site will not infringe rights of third parties. Information published at this Site may refer to products, programs or services that are not available in your country. Without limiting the foregoing, the Site is provided "AS IS" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MILES OF GOLF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL MILES OF GOLF BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MILES OF GOLF’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL MILES OF GOLF BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF MILES OF GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF MILES OF GOLF’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
INFORMATION ON CLUB FITTING/ INSTRUCTION.
The user is solely responsible for the proper use of the Instructional or Fitting Information. Miles of Golf is not responsible for any physical, emotional or property damages resulting from the use or misuse of such Instructional Information, nor is Miles of Golf responsible for the accuracy, reliability, effectiveness or correct use of any Instructional Information that you receive on this Site. You should consult with your
physician or other healthcare professional before beginning any type of exercise or training program or other physical activity.
The Site may from time to time display links to other websites or resources sponsored by third parties as a convenience to you. Miles of Golf is not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources. Various third-party websites may provide links to this Site. We have not reviewed any or all of the third-party websites linked to this Site. We are not responsible for the content of any off-site pages or any other websites linked to this Site. Your linking to this Site, off-site pages or other websites is at your own risk. Note: Anyone linking to Miles of Golf's website must comply with the Link Guidelines for linking to the Miles of Golf Site as well as all applicable laws.
The trademarks, service marks and logos ("Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Miles of Golf and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Miles of Golf aggressively enforces its intellectual property rights to the fullest extent of the law. A list of U.S. Trademarks owned by Miles of Golf follows. Any questions concerning the use of these Trademarks should be sent to [email protected]
UNITED STATES TRADEMARKS.
Miles of Golf controls and operates this Site from its headquarters in Ypsilanti, Michigan and makes no representation that these materials are appropriate for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.
MICHIGAN GOVERNING LAW.
These Rules and your use of the Site will be governed by the laws of the State of Michigan, as applied to contracts entered into between Michigan residents and performed in Michigan. Any disputes arising out of these Rules or your use of the Site not subject to Binding Arbitration will be heard only in the state or federal courts located in Washtenaw County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts.
You agree that any controversy or claim arising out of or relating to the Site, use of the Site, and/or these Rules shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Michigan law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Miles of Golf, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, Miles of Golf will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Miles of Golf shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
If any provision of these Rules is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Rules (and the links contained herein) state the entire agreement between the parties relating to use of the Site. The Rules may not be amended except as provided above.
©2020 Miles of Golf.