Welcome to www.growingolf.com. The www.growingolf.com website (the “Site”) is comprised of various web pages operated by GrowinGolf.com (“GrowinGolf”). www.growingolf.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.growingolf.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.growingolf.com is an E-Commerce Site.
GrowinGolf.com was created to provide a more affordable and accessible to people seeking to learn and/or advance their golf game by providing quality equipment for both rentals and purchase.
Rental Equipment/ Damage – Your Responsibility
You hereby understand that while the golf equipment is in your possession, YOU ARE SOLELY RESPONSIBLE FOR THE EQUIPMENT RENTED TO YOU. You are to use the golf equipment for its intended recreational use only and not for any other reason. You shall not remove, alter, disfigure or cover up any numbering, lettering, bar code or insignia displayed upon the equipment, and shall see that the equipment is not subjected to careless, unusually or needlessly rough usage. You must return the equipment to us in the same condition as delivered, ordinary wear and tear resulting from proper use thereof alone expected. YOU AGREE TO NOT USE ANY OF THESE CLUBS TO HIT OUT OF NON-PLAYING AREAS OR TERRAIN.
Payment
The rental of our golf equipment requires you to supply us with complete, accurate and current credit card information for a valid credit card for which you are the authorized user. The applicable rental fees will be charged to your credit card on the date your rental is initiated. We reserve the right to determine whether your credit card is pre-authorized to accept a minimum charge equal to the current retail value of the product in case you fail to return or you damage a product.
Rental Period
The Rental Period is defined as that period of time, which is preset in our system by product, for which you have reserved to rent golf equipment from us. The Rental Period shall commence in the morning on the day of your rental and shall terminate in the evening on the day your reservation is complete, at which time it shall terminate in the evening on the final day of your Rental Period).
Damage to Clubs
The customer renting golf clubs from GG agrees to pay for any damage to the clubs they are renting that is not considered normal wear and tear. Normal wear and tear to the clubs includes (but is not exclusive to) scratches on the bottom of the club head, tee marks on the club head, and grip wear. Clubs will be inspected by a GG representative prior to the rental pick-up. The customer is advised to inspect the clubs and mention any discrepancies to the GG representative before taking the clubs, so customers are not charged for loss or damage they have not incurred. Upon return of the clubs the customer is responsible for reporting any loss or damage to the clubs. Failure to report loss or damage to the clubs will result in the customer’s credit card being charged an amount equivalent to the replacement or pre-rental condition repair cost. The amount charged to the customer’s credit card will be at the discretion of GG, however, GG will advise the charge with the customer prior to their credit card being charged and the customer will not be charged for damages due to factory defects. All clubs suspected of having factory defects will be inspected by GG personnel prior to any charges assessed to customer.
Late, Lost or Stolen Clubs
All rental clubs are to be returned by the date and time of the reservation confirmation statement and rental agreement. If clubs are not returned by the deadline on the rental agreement the customer will be charged one day’s rental for each day they are late up to a maximum of two days. The customer must contact GG to inform of any late returns over 24 hours past the return deadline. If the customer has not contacted GG within 48 hours past the rental return deadline and GG has not been able to contact the customer within this time, the customer will be charged the full replacement cost of the rental clubs. If a customer has reported clubs lost, stolen or lost due to fire the customer will be responsible for payment to GG for the full replacement value of the clubs. If lost or stolen clubs are returned to GG within two weeks of the reported loss the customer will be refunded the money charged to them by GG minus any charges for damaged or lost clubs if applicable.
Waiver of Liability, Assumption of Risk, Indemnity Agreement
I, agree that in consideration of being permitted to use GrowinGolf.com (“Owner”) golf clubs & other golf equipment (“Clubs”) at any time during the current golf season and do hereby release, waive, discharge, and covenant not to sue Owner, its members, employees, and agents from liability from any and all claims, including the negligence of Owner, resulting in personal injury, accidents or illnesses, including death, and property loss arising from use of any golf rentals
Assumption of Risks: Use and control of golf equipment carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, from one location to another, from one individual to another. I understand and agree that it is my responsibility to assess the hazards presented by my use of said Clubs and further agree that I am the ultimate judge as to whether I can use the Clubs without risk of harm to myself and others.
Indemnification and Hold Harmless: I also agree to defend, indemnify, and hold harmless the Owner, its members, employees, and agents from and against any and all claims, demands, actions, or causes of actions for costs, attorney’s fees, expenses, or damages to personal property, or personal injury, or death, which may result from any use of the Clubs.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risk is intended to be as broad and inclusive as is permitted by the law of the State of Colorado and that is any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Users: I understand and agree that only users that sign this agreement shall be allowed to use the Clubs.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue the Owner, its members, employees, and agents. I also understand that this agreement binds by heirs, executors, personal representatives, attorneys-of-law, attorneys-in-fact, administrators and assigns, as well as myself. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby assert that my use of said Clubs is voluntary and that I knowingly assume all such risks incident to using said Clubs.
Furthermore, I represent that I am familiar with operation and use of such Clubs, that I have read the rules and regulations contained herein, and that I am capable of operating in accordance with said rules and regulations.
By placing any order you acknowledge you have read, understand, and agree to Waiver of Liability and to abide by the Rules and Regulations as defined above.
Your use of www.growingolf.com is subject to GrowinGolf’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Visiting www.growingolf.com or sending emails to GrowinGolf constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GrowinGolf is not responsible for third party access to your account that results from theft or misappropriation of your account. GrowinGolf and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
GrowinGolf does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.growingolf.com only with permission of a parent or guardian.
You may cancel your service anytime up and until the day prior to your rental agreement for a full refund. Once a product has shipped, charges related to processing and shipping will not be refunded.
www.growingolf.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of GrowinGolf and GrowinGolf is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GrowinGolf is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GrowinGolf of the site or any association with its operators.
Certain services made available via www.growingolf.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.growingolf.com domain, you hereby acknowledge and consent that GrowinGolf may share such information and data with any third party with whom GrowinGolf has a contractual relationship to provide the requested product, service or functionality on behalf of www.growingolf.com users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use www.growingolf.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to GrowinGolf that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of GrowinGolf or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. GrowinGolf content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of GrowinGolf and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of GrowinGolf or our licensors except as expressly authorized by these Terms.
You will be able to connect your GrowinGolf account to third party accounts. By connecting your GrowinGolf account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by GrowinGolf from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the GrowinGolf Content accessed through www.growingolf.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless GrowinGolf, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GrowinGolf reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GrowinGolf in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and GrowinGolf agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GROWINGOLF.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GROWINGOLF.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GROWINGOLF.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROWINGOLF.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GROWINGOLF.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
GrowinGolf reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GrowinGolf as a result of this agreement or use of the Site. GrowinGolf’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GrowinGolf’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by GrowinGolf with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GrowinGolf with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GrowinGolf with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
GrowinGolf reserves the right, in its sole discretion, to change the Terms under which www.growingolf.com is offered. The most current version of the Terms will supersede all previous versions. GrowinGolf encourages you to periodically review the Terms to stay informed of our updates.
GrowinGolf welcomes your questions or comments regarding the Terms:
GrowinGolf.com
5049 Vrain St
Denver, Colorado 80212
Email Address:
info@growingolf.com
Telephone number:
877-805-9986
Effective as of April 24, 2024
