Terms and Conditions
This web site located at www.divot.com is provided to you by Global Value Commerce, Inc. ("GVC"). The following terms and conditions ("the Terms and Conditions") govern the use of this website and any content that we may make available on the website. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
2. Customer Support. If you require customer assistance, you may contact us by sending an email to firstname.lastname@example.org. You acknowledge that we have no obligation to provide customer service and do so at our sole discretion. We may provide customer service to you, if you have created an account and submit your customer service inquiry using your valid account information.
3. Electronic Communications. We will communicate with you through electronic communications for each transaction that you submit for acceptance via with this website. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
4. Proprietary Rights. GVC owns all rights, title and interest in and to this website and these are protected by U.S. and international intellectual property laws, which you agree to respect. In addition, GVC either, owns or uses with permission from the owner, all content, including text, graphics, information, audio, photographs, videos, illustrations, and other visuals, code, data, the look and feel, design and organization of the website and the compilation of the content, code, data and materials on the website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the website does not grant to you any ownership of the content, code, data or other materials you may access on or through this website.
5. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time. Also, it is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
6. Accuracy of Information. GVC attempts to ensure that all information on this website is complete, accurate and current. Despite our efforts, the information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on this website. For example, products included on the website may have different attributes than those listed, may be unavailable or may actually carry a different price than that stated on the website. In addition, we may make changes to the information on the website without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
7. Use of this Website. The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission from the owners by, GVC and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to be liable for any content posted to the website and to accept responsibility for all activities that occur under your account or password.
8. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of GVC. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of GVC or such third party owner.
9. Third Party Links. From time to time, this website may contain links to websites that are not owned, operated or controlled by GVC. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. GVC is not responsible for any content, materials or other information located on or accessible from any other website. GVC does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
10. Orders of Products and Services. We make products and services available to visitors and registrants of this website. If you order any products or services, you hereby represent and warrant that you are 18 years old or older and the legal age required to form a binding contract in your jurisdiction, if that age is greater than 18. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to GVC. Also, you agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the website may be subject to additional terms and conditions presented to you at the time of such purchase. If you are under age 18, you my use the website only with the permission and involvement of a parent or legal guardian.
GVC may, from time to time, solicit customer comments and feedback regarding its products and services through messaging services, chat services, bulletin boards, message boards, blogs, other forums, and other such services available on or through the website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the website or any service or feature made available on or through this website, any materials which (i) restrict or inhibit any other user from using and enjoying the website or the website’s services; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (iii) constitute, or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law (including export laws); (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus, spyware, or other harmful component; (vi) contain embedded links, advertising, chain letters, or pyramid schemes of any kind; or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from GVC. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible ofr the content an consequences of any of your activities.
It is important to remember that comments submitted to a website may be recorded and stored in multiple places, both on the website and elsewhere on the internet, which are likely to be assessible for a long time and you have no control over who may eventually read them. It is important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our website.
12. Prohibited User Conduct. You warrant and agree that, while using the website and the various services and features offered on or through the website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the website’s content, materials, or services, or use, redistribute, republish, or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the website. You shall not: (i) engage in spidering. "screen scraping", "database scraping", harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the website or the services offered on or through the website, including without limitation, any information residing on any server or database connected to the website or the services offered on or through the website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the website or the services made available on or through the website in any manner with the intent to interrupt, damage, disable, overburden or impair the website or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the website or the website’s services or features in violation of the intellectual property or other proprietary or legal rights of GVC or any third party; or (v) use the website or the website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the website or the website’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website or any of its services. You shall not obtain or attempt to obtain any materials or information through any mean not intentionally made publicly available or provided for through this website.
13. DISCLAIMERS. YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. GVC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND GVC DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF GVC OR THE RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY ("APPLICABLE WARRANTIES"). TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCLUDING APLICABLE WARRANTIES, GVC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GVC HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. GVC MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
14. LIMITATIONS OF LIABILITY. GVC does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website. IN NO EVENT WILL GVC, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS AS SET FORTH IN THE APPLICABLE WARRANTIES FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
15. Indemnification. You agree to defend, indemnify and hold GVC and its affiliates, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of this website, your placement or transmission of any message, content, information, software or other materials through the website, or your breach or violation of the law or of these Terms and Conditions. GVC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of such claim by GVC.
16. Photosensitive Seizures. A small percentage of users may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Individuals who have no history of seizures or epilepsy may have an un diagnosed condition that can cause these "photosensitive epileptic seizures" while watching video games or other electronic content. These seizures have a variety or symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the website and consult a physician.
18. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and GVC to the extent necessary to resolve any inconsistency or ambiguity between them. This website is administered by GVC from its offices in North Carolina. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this website shall be brought only in the State and Federal courts located in Wake County, State of North Carolina. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19. Termination. You or GVC may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. GVC reserves the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
20. Risk of Loss. All items purchased from Divot.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
21. Licensed Technologies. This site provides faceted search licensed by Kelora Systems, LLC (www.kelora.com), under U.S. Patent 6,275,821.
22. State Sales and Use Tax Reporting. We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it's specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
Customers purchasing from GVC or www.divot.com and shipping to North Carolina, Oklahoma, South Dakota, Utah, or Vermont:
North Carolina State law requires us to charge sales tax for all shipments made to North Carolina. Sales taxes of 6.75% are charged for all shipments made to locations within North Carolina. Shipments made to certain counties and municipalities may be subject to additional sales taxes; for example - shipments to Mecklenburg County, North Carolina bear an additional .5% sales tax charge.
Utah State law requires us to charge sales tax for all shipments made to Utah. The current sales tax rate for the State of Utah is 4.70%. Certain cities, counties and other municipalities charge an additional tax; accordingly, sales taxes will be charged on all orders based on the tax jurisdiction of the destination within the state of Utah.
Oklahoma Tax may be reported and paid on the Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website. State law does not require us to charge sales tax for shipments to Oklahoma. We are required to provide the notice above for Oklahoma purchases based on Oklahoma law (HB 2359) enacted in June 2010.
South Dakota Tax may be reported and paid on the South Dakota use tax form. The use tax form and corresponding instructions are available on the South Dakota Department of Revenue website. State law does not require us to charge sales tax for shipments to South Dakota. We are required to provide the notice above for South Dakota purchases based on South Dakota law (SB 146) enacted in April 2011.
Vermont Tax may be reported and paid on the Vermont use tax form. The use tax form and corresponding instructions are available on the Vermont department of taxes website. State law does not require us to charge sales tax for shipments to Vermont. We are required to provide the notice above for Vermont purchases based on Vermont law (H 436) enacted in May 2011.
Sales taxes are not charged on sales of gift certificates; although, for any purchase made where gift certificates are used as tender, sales taxes will be charged if the products are shipped to North Carolina or Utah.