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Warranty, Disclaimer, Legal and Privacy Issues
All golf clubs purchased through this website are warranted against defects
and/or breakage for a period of one (1) year as long as it is used as directed
and not abused. There are no money back guarantees as each golf club is custom
made.
If it is necessary to return the club for repair or replacement, contact us via
email to [ sales at allinonegolfclub.com ] and you will be instructed to ship
it along with your original receipt. Shipping and handling charges and return
postage are the responsibility of the club owner.
During the warranty period, the seller will credit or replace any returned
products which in its sole opinion is determined to be defective or is out of
specification. Returns due to improper usage will not be accepted. Any attempt
to modify or alter the product will void the warranty.
All In One Golf Club and its parent company Cody Montana Integrated Inc. shall
not be liable under any theory for any damages suffered by you or any user of
any products purchased. All In One Golf Club and Cody Montana Integrated Inc.
shall not be Liable for (a) incidental, consequential, special or indirect
damages of any sort, whether arising in tort, contract or otherwise, even if
All In One Golf Club or Cody Montana Integrated Inc. has been informed of the
possibility of such damages, or (b) for any claim by any other party.
In no event shall All In One Golf Club or Cody Montana Integrated Inc. be
liable for indirect, special, exemplary, consequential, incidental or punitive
loss, damage or expenses (including lost profits), whether in contract, tort,
negligence, strict liability in tort or by statute or otherwise in any manner
related to this Warranty and Disclaimer, for any and all claims.
The customer assumes all risk and liability for all loss, damage or injury to
person(s) or property resulting from the use of said goods.
The purchaser or recipient of any golf product shall indemnify, defend, and
hold harmless All In One Golf Club or Cody Montana Integrated Inc. from and
against any and all third-party claims, suits, and liabilities (including all
reasonable costs, expenses and attorneys' fees actually paid) arising from or
in connection with (a) the product(s) and/or services offered/advertised. Cody
Montana Integrated Inc. will not assume any responsibility or liability for
damages of any kind as a result of its products or services. Notification of
such damages and or liabilities shall not alter this Warranty and Disclaimer,
which is deemed binding with your order.
Each party represents and warrants that it has carefully read and reviewed this
Warranty and Disclaimer and understands it fully. Each party also has made such
investigation of the law and the facts pertaining to this settlement and this
Warranty and Disclaimer, and of all the matters pertaining thereto, as it deems
necessary. Furthermore, this Warranty and Disclaimer is the result of arms'
length negotiation between the parties, and this Warranty and Disclaimer has
been read by, the contents hereof are known and understood by, each person who
purchases a product.
This Warranty and Disclaimer constitutes a single integrated written contract
expressing the entire Warranty and Disclaimer of the parties relative to the
subject matter hereof. No recitals, covenants, Warranty and Disclaimers,
representations or warranties of any kind whatsoever have been made and/or
relied upon by any party, except as specifically set forth in this Warranty and
Disclaimer. All prior discussions and negotiations have been and are merged and
integrated into, and are superseded by, this Warranty and Disclaimer. This
Warranty and Disclaimer may not be modified except in writing, executed by the
parties.
The language of this Warranty and Disclaimer shall be construed as a whole
according to its fair meaning and not strictly for or against any party, and it
is agreed that no provision hereof shall be construed against any party by
virtue of the activities of that party or such party's attorneys.
This Warranty and Disclaimer is binding upon all the parties hereto and their
respective agents, representatives, affiliates, parents, subsidiaries,
successors, beneficiaries, trustors, and assigns, and shall inure to the
benefit of the parties hereto. Except as provided in this subparagraph, no
other person or entity is an intended beneficiary of this Warranty and
Disclaimer.
In the event that any provision of this Warranty and Disclaimer should be held
by a court of competent jurisdiction to be void, voidable, illegal or
unenforceable in any respect, the remaining provisions hereof shall
nevertheless remain in full force and effect as if such void, voidable or
unenforceable provision had never been contained herein, said provision being
deemed severable and immaterial to the extent permissible under applicable law;
provided, however, that such severability shall not be effective if it
materially changes the economic benefit of this Warranty and Disclaimer to any
party hereto.
This Warranty and Disclaimer shall in all respects be governed by and construed
and enforced in accordance with the substantive laws of the Province of
Ontario. For purposes of any suit arising out of or relating to this Warranty
and Disclaimer or any breach of this Warranty and Disclaimer, the parties
hereto agree that venue shall lie exclusively in the Province of Ontario. The
parties hereto each irrevocably consent to the jurisdiction of the Ontario
Provincial Courts in connection with any action or proceeding arising out of or
relating to this Warranty and Disclaimer or any breach of this Warranty and
Disclaimer.
As used herein, and unless otherwise expressly provided, the singular shall
include the plural and the plural shall include the singular, and the
masculine, feminine, and neuter genders are used interchangeably, as the
context may require.
The Site assumes no responsibility for any misuse of the material. All material
is presented for information purposes only. We make no claims or warranties
regarding the success or potential profits arising from the use of any list
file. This Agreement constitutes a single integrated written contract
expressing the entire agreement of the parties relative to the subject matter
hereof. No recitals, covenants, agreements, representations or warranties of
any kind whatsoever have been made and/or relied upon by any party, except as
specifically set forth in this Agreement. All prior discussions and
negotiations have been and are merged and integrated into, and are superseded
by, this Agreement. This Agreement may not be modified except in writing,
executed by the parties.
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