Terms & Conditions

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the Terms of Use) apply to the SeeMore Putter Company (SeeMore) web site located at www.seemore.com.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

SeeMore reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SeeMore grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Data Deletion:

Data Deletion Policy

Content

All text, graphics, trademarks, logos, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to SeeMore, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SeeMore’s express prior written consent.

You may use information on SeeMore products and services purposely made available by SeeMore for downloading from the Site, provided that you use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media and make no modifications to any such information or any additional representations or warranties relating to such documents.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions.

SeeMore’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

SeeMore may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and SeeMore makes no commitment to update the materials on the Site with respect to such products and services.

You may not use anyone else’s SeeMore Account Information, password or account at any time without the express permission and consent of the holder of that SeeMore Account. SeeMore cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

SeeMore’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Disclaimers

SEEMORE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SEEMORE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SEEMORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEEMORE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SEEMORE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SEEMORE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

SeeMore reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will SeeMore be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SeeMore has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, SeeMore is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SeeMore’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against SeeMore, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold SeeMore, its shareholders, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SeeMore by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

SeeMore may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SeeMore’s rights or property, or the rights or property of visitors to or users of the Site, including SeeMore’s customers. SeeMore reserves the right at all times to disclose any information that SeeMore deems necessary to comply with any applicable law, regulation, legal process or governmental request. SeeMore also may disclose your information when SeeMore determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that SeeMore may preserve any transmittal or communication by you with SeeMore through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or SeeMore determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of SeeMore, its employees, users of or visitors to the Site, and the public.

You agree that SeeMore may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SeeMore, for which monetary damages would be inadequate, and you consent to SeeMore obtaining any injunctive or equitable relief that SeeMore deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SeeMore may have at law or in equity.

You agree that SeeMore may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If SeeMore does take any legal action against you as a result of your violation of these Terms of Use, SeeMore will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SeeMore. You agree that SeeMore will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between SeeMore and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

SeeMore administers and operates the www.SeeMore.com Site from its location in Franklin, Tennessee USA; other SeeMore sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. SeeMore reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and SeeMore with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SeeMore with respect to such use are hereby superseded and cancelled. SeeMore will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SeeMore’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SeeMore of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SeeMore and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

SeeMore provides access to SeeMore international data and, therefore, may contain references or cross references to SeeMore products, programs and services that are not announced in your country. Such reference does not imply that SeeMore in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. SeeMore shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Premium Golf Brands, LLC dba SeeMore Putter Company, December 2006

SeeMore Putter Company Sales and Refund Policy

HOURS OF OPERATION 
If you would like product and pricing information or you need assistance with an order already placed, please call our sales team from 8 am (CST) until 5 pm (CST), Monday through Friday (excluding holidays), at 615-435-8015. In the event you have questions after hours, please leave a message on voice mail or email us at info@seemore.com. Someone will get back with you the next business day.

U.S. SALES ONLY 
The SeeMore Putter Company sells and ships products within the continental United States at standard shipping rates. Shipments to Alaska and Hawaii require consumers to pay for 2nd day air shipping service.

SALES TO END USERS ONLY 
The SeeMore Store sells and ships products to end user customers only.

RETURN & REFUND POLICY 
If you receive your SeeMore putter and realize prior to any wear and tear on the putter (for example, you may use the putter inside on a carpet to test the look and feel of the putter), please call 615.435.8015 for a Return Material Authorization (RMA) request within within 3 calendar days of the receipt of product (receipt is based on date on shipment proof of delivery). Configure-to-order, personalized or other customized product may not be returned for refund or exchange under any circumstances unless defective or damaged during shipment. If the item is returned unopened in the original box, we will exchange it or offer you a refund based on your original method of payment. The product must be returned to the SeeMore Putter Company warehouse within 14 calendar days of the issuance of the RMA. All putters must be packed in the original, unmarked packaging.

Please note that SeeMore Putter Company does not permit the return of or offer refunds for the following products:

  1. Product that is custom configured to your specifications
  2. Warranty replacement putters

NOTE: SeeMore recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to SeeMore or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to (1) use a carrier that offers tracking and (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping. Please note that the United States Postal Service (USPS) offers limited tracking capabilities and that there is a 30-calendar-day waiting period before the USPS will initiate a trace.

DEFECTIVE ITEMS 
SeeMore putters carry a lifetime warranty to cover any defect that results from the milling and manufacturing of a SeeMore putter. 
If you discover what you believe is a putter defect, please contact the SeeMore Putter Company 615.435.8015. Such a defect, if any, is covered under the terms of your putter’s warranty. See Product Warranty section below for specific information about SeeMore’s putter warranties.)

PROOF OF PURCHASE 
SeeMore will send you a confirmation of your order via email if you have included an email address with your order. If you have not included an email address, you will receive a confirmation of your order by regular mail or facsimile when your order is shipped. An original copy of the packing slip included with shipment will also be accepted.

CUSTOM-CONFIGURED PRODUCT 
We are pleased to offer product that is custom-configured to your specifications, and we encourage you to review your order carefully. Since the product is built to your specifications, the order cannot be changed, modified, or canceled once your order is in production.

Payment Methods

CREDIT CARD You may pay by credit card no matter which ordering method you use (Internet or phone). At the time your order is placed, SeeMore Putter Company obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when your order ships.

The SeeMore Putter Company Store accepts Visa, MasterCard, and American Express.

PLEASE NOTE:

  1. We are unable to accept credit cards issued by banks outside of the United States.
  2. Debit cards and check cards have daily spending limits that may substantially delay the processing of your order

For information about alternate payment options please review the cashier’s check, wire transfer, and lease options listed in the following sections.

PAYPAL SeeMore Putter Company accepts payment via PayPal.

CASHIER’S CHECK OR MONEY ORDER 
The SeeMore Putter Store accepts cashier’s checks and money orders as valid forms of payment. If you wish to pay by cashier’s check or money order, you may order by phone at 615-435-8015. The cashier’s check or money order must be payable to SeeMore Putter Company and include your web order number and/or a copy of your order. Please mail your payment to:

SeeMore Putter Company

3535 Pacific Coast Highway

Box 34

Corona del Mar, CA 92625

Please allow 1 business day for order processing after SeeMore receives your payment.

SALES TAX 
SeeMore Store purchases will include sales tax based on your shipping address and the sales tax rate in effect at the time your order is placed. Sales tax only applies to orders shipped in Tennessee or Wisconsin.

SHIPPING OPTIONS 
SeeMore Store provides shipping via FedEx.

  1. Standard Shipping: Sent via Standard Ground arrives approximately within 4-10 business days. Ships within 72 business hours from Nashville, TN. Generally arrives within 4-10 business days of order.
  2. Expedited Delivery: Sent via Expedited arrives approximately within 3-5 business days. Ships within 48 business hours from Nashville, TN. Generally arrives within 3-5 business days of order.

Signature is required for delivery: Our shipments contain the finest putters in the world. If you will not be at the shipping address to accept delivery of your putter, consider shipping the item to an address where someone you trust will be available to sign for your package. Please note that we are not able to adjust the shipping address once a package has left the SeeMore warehouse. Title and risk of loss to all putters will pass to you on delivery.

Undeliverable Packages: Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, please contact us to make arrangements for reshipment.

Failed Delivery Attempts: Most of our carriers make three attempts to deliver a package. After three delivery attempts, the package will be returned to us.

ORDER PROCESSING 
The estimated shipment date on your order is based on putter availability, payment processing time, and warehouse processing time and does not include transit time. Payment processing will not begin until we receive all the information we need and full payment or a full authorization, in the case of credit cards.

Orders placed on the weekend or on a holiday will begin payment processing the next business day.

Orders for in-stock items that are eligible for same-day shipping must be received before your local time of 2:00 p.m., pending payment processing. Orders placed on the weekend or on a holiday will begin payment processing the next business day. Unanticipated changes in supply can affect putter availability. Please confirm the estimated shipping lead- time at the “Review Your Order” page for the most current availability information.

Business days are Monday through Friday, excluding federal holidays.

PRICES Your total order price will include the price of the product (on the day of shipping) plus any applicable sales tax and shipping charges. SeeMore reserves the right to change prices for products displayed at the SeeMore Store at any time.

PRODUCT AVAILABILITY 
Order lead-time is the length of time it will take us to validate your credit card, assemble the right putter and package your order. Shipping time is the length of time it will take for the package to travel from our warehouse to your shipping address.
 SeeMore makes every effort to ship your putter according to the estimated lead times provided by the SeeMore Store at checkout. The estimated lead times are in business days (Monday through Friday) excluding Federal Reserve holidays. Lead-times will begin the following business day for orders placed and credit cleared after 2 p.m. PST. If a putter will not ship in the lead-time quoted, SeeMore will contact you via email or phone and provide a revised shipping estimate. 

We encourage you to contact SeeMore Putter Company at international use 615-435-8015.

PRODUCT WARRANTY 
All SeeMore Putters purchased from the SeeMore store on or after October 1, 2006 carry a One Year Full Warranty (w/Proof of Purchase) and Limited 5 Year Warranty against defects in materials and workmanship. SeeMore Putter Company will repair or replace any putter that SeeMore Putter Company determines as defective due to materials or milling/manufacturing processes used. Please contact SeeMore Putter Company customer service to find out how to return defective product for evaluation at 615-435-8015. Proof of purchase will be the shipping confirmation sent via email/fax/mail or the original packing slip included with shipment of putter.

OTHER TERMS AND CONDITIONS

SeeMore Putter Company is not responsible for typographical errors.

SeeMore Putter Company reserves the right to change the terms and conditions of sale at the SeeMore Store at any time.

All sales at the SeeMore Store are governed by Tennessee law without giving effect to its conflict of law provisions.

No SeeMore employee or agent has the authority to vary any of the SeeMore Store’s policies or the terms and conditions governing any sale.