Terms of Service

1819 GOLF TERMS OF USE

Last Updated: October 21, 2024

Introduction

These Terms of Use (“Terms”) are a legal agreement between you and 1819. (“1819,” “we,” “us,” or “our”) that governs your access to and use of www.1819golf.com (the “Site”), References to “you” and “your” mean any person or legal entity that visits, accesses, browses, registers for an Account, or makes a purchase through the Site. Please read these terms carefully. By using the Site you agree to be bound by these Terms.

Age Requirements

You represent and warrant that you are at least eighteen years of age, and have the right, authority, and capacity to accept and agree to these Terms. If you are under age eighteen or are otherwise unable to accept and agree to these Terms, you may not use the Site. If we discover or have any reason to suspect that you are not at least eighteen years of age or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Site immediately and without notice.

Changes To These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and they apply to all access to and use of the Site thereafter. However, any changes to the Governing Law sections will not apply to any disputes for which the parties have actual notice prior to the date the change is posted within the Service.

Your continued use of the Site after the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Product Description

Prices, descriptions or availability of products on our Site are subject to change without notice. While products on this Site are presented with the greatest accuracy technically possible, representation on this Site through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased product.

Methods of Payment

You may make payment for products through the Site using a payment card or other payment method accepted by our third-party payment processor. We do not access or store your credit card information. You should review the terms of use and privacy policy of our third party payment processor prior to submitting your payment information. For more information about our use of third-party service providers, please review our Privacy Policy.

Links from the Website

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Feedback

If you provide us any comments or suggestions for improvements (“Feedback”) to the Site or our products, you hereby irrevocably assign to us all right, title and interest in and to the Feedback, without restriction or any obligation of compensation. 1819 shall have all intellectual property rights in or relating to any communications you send to 1819 and may use such communications for any purpose in its sole discretion.

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 in the Site or on any related website 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 in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

Privacy

1819 respects and is committed to protecting your privacy. When you use or access the Site, you authorize us to automatically collect information about you, your use of the Site, and to use, transmit, process, and store that information in accordance with our Privacy Policy. Please review our Privacy Policy prior to using the Site.

Reservation of Rights

1819 its affiliates, and licensors, and suppliers own all right, title, and interest (including intellectual property rights) in the Site and reserve all rights not expressly granted to you in these Terms. The Site is protected by copyright and other intellectual property laws and treaty provisions. The 1819 logos and trademarks referenced in the Site are the trademarks of 1819 and its affiliates. Any other company names, product names, service names and logos referenced in the Site may be the trademarks of their respective owners.

Service Availability

1819 does not guarantee availability of the Site and you may access the Site if and when it is available. The Site may occasionally be down for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, 1819 reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice.

Disclaimer of Certain Damages

To the maximum extent permitted by applicable law, in no event will 1819 or any of its affiliates, suppliers or licensors be liable for: any consequential, special, incidental, indirect, or punitive damages; loss of profits, business, goodwill, anticipated savings, or use; loss or corruption of data, confidential information, or other information; business interruption; personal injury; property damage; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these Terms or the Site, even if 1819 or any of its affiliates, suppliers, or licensors has been advised of the possibility of such damages.

Governing Law and Jurisdiction

You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. By using this Site, you agree that all matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the place where the we are based, without regard to conflict of laws principles.

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the state where 1819 is based although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by 1819 of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of 1819 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Service Interruption; Force Majeure

To ensure the best possible service level, 1819 reserves the right to interrupt the Site for maintenance or any other changes, informing the users appropriately.

Within the limits of law, we may also decide to suspend or terminate the Site altogether. If the Site is terminated, 1819 will cooperate with you to enable you to withdraw personal information in accordance with applicable law.

Additionally, the Site might not be available due to reasons outside 1819’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts etc.)

Indemnification

You agree to defend, indemnify, and hold 1819 and its directors, officers, employees, agents, partners, suppliers, affiliates, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your use of our products; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or any applicable law.

SMS Terms of Service

You may register and subscribe to receive mobile alerts from 1819. By subscribing, you expressly consent to receive autodialed SMS alerts and notifications on your mobile device from us. By signing up for text alerts you agree to these SMS Terms of Service.

When you opt-in to the service, we will send you an SMS message to confirm your signup. Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.)

You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Any charges you receive will be charged by your mobile service provider and payable by you. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered. By opting in, you acknowledge that you are 18 years of age or older, and understand the obligations and agree to these SMS Terms of Service. The information you provide to opt in to text alerts is subject to our Privacy Policy. We reserve the right to modify this agreement at any time, and any modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment to our SMS notifications will constitute acceptance by you of such modifications, additions or deletions.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages. This list of supported phone carriers is subject to change at any time. We are not liable if your phone carrier is not supported by our mobile alerts.

Message and data rates may apply for any messages sent to you from us and to us from you. Frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@1819golf.com.

Contact Us

If you have questions, concerns, or suggestions regarding the Site, our Products, your Account, or these Terms, please contact us at customerservice@1819golf.com or by mail using the details provided below:

BAR1917

6750 W 75th St. Suite 2B

Overland Park, KS 66204 United States