Terms of Use | Swing Surgeon - Don Trahan Peak Performance Golf Swing

Terms of Use

UPDATED: 30 May 2015

SHIPPING POLICY

SwingSurgeon.com uses United States Postal Service, to get our products to you. Please contact us if you have any questions about our shipping policy.

If you need a specific shipping method or guaranteed delivery date we ask that you choose from one of our USPS expedited services such as Priority mail

All shipping guarantees are made by the carriers themselves. SwingSurgeon.com does not guarantee any shipping dates. If you select a guaranteed shipping method and your package does not arrive when guaranteed, please contact us and we will work with the carrier to determine if you are eligible for a shipping refund. Carrier guarantees do not apply in inclement weather, acts of nature, etc. Please visit the carrier's website (i.e., USPS.com) for complete details.

SHIPPING CHARGES

You will be charged the exact amount shown in your shopping cart. For some orders (including orders that exceed a certain weight) you may need to place your order via phone in order for us to custom quote your shipping charges. On most orders we subsidize some of the shipping costs to keep your delivered price as low as possible. With some shipping methods such as USPS your shipping cost may include a small fee for self-insurance, packing materials and handling.

RECURRING CHARGES

If you choose a monthly subscription, you agree that your credit card will automatically be charged by Swingsurgeon.com (through its payment card processing service provider) each month in your subscription. If you wish to terminate your subscription and avoid a charge for a subsequent month, you must do so at least seven (7) days before the monthly renewal date of your subscription. (The monthly renewal date is the same day of the month that you first subscribed). SwingSurgeon.com will not send you a monthly statement. You may cancel your monthly subscription by contacting Swing Surgeon Customer Care (via phone: 1.888.847.9464 or email: support@swingsurgeon.com). If you revoke authorization to charge your card, or if for any reason your card issuer does not pay SwingSurgeon.com, SwingSurgeon.com may suspend the Service or terminate this Agreement.

UNDELIVERABLE PACKAGES

Undeliverable Packages or Unclaimed Packages returned to us will be assessed a return shipping fee equal to the original shipping amount in addition to the original shipping charges to cover the fees assessed to SwingSurgeon.com by UPS or USPS for returning the package to us. If the customer requests the package to be re-shipped to them the original shipping charges must be paid again.

TIMEFRAME

SwingSurgeon.com will, unless otherwise noted, ship your order within 2 business days (Mon-Fri). If we cannot ship your order within 2 business days we will make a reasonable effort to contact you with the email address and/or phone number provided.

SSGM Branded Clothing

There is a minimum 15 day lead time with clothing.  Clothing is produced on an as needed basis and hence has a longer lead time.

Swing Surgeon Golf branded custom golf clubs or Doc Griffin branded custom golf clubs

All custom golf clubs requires a minimum 14 business day lead time from receipt of the complete custom fitting information as the golf clubs are produced according to the individual and requires the customer to submit required information.

EXPEDITED SHIPMENTS

We only offer the options that are available within the checkout process.

INSURANCE

If you select a shipping method that includes insurance, SwingSurgeon.com will ensure your order for the full value of the contents. Please contact SwingSurgeon.com to coordinate efforts and claims against damaged or lost packages. If you select a shipping method that does not include insurance (i.e., Basic Shipping, US Surface Mail, First Class Mail, Media Mail, Priority Mail, etc.) SwingSurgeon.com is not responsible for the package once it leaves our warehouse. SwingSurgeon.com will not be held liable for any inconvenience caused by lost or damaged packages.

NOTIFICATION
SwingSurgeon.com will email you a tracking number at any time if available!

RETURNS AND REFUNDS POLICY

Swing Surgeon Golf Clubs and Doc Griffin Golf Clubs

All sales are final on the purchase of custom Swing Surgeon Golf Clubs or Doc Griffin golf clubs. Please reference "GOLF CLUB WARRANTY POLICY" for coverage of custom fitted clubs.

Defective Products

SwingSurgeon.com will, at its discretion, allow for the return or replacement of any defective product within 60 days from the date of purchase. Return postage or shipping is the responsibility of the customer.

Return Shipping

Return shipping for refunds or defective products is the reposibility of the customer. Swingsurgeon.com does not provide prepaid return materials or reimburse for shipping expenses.

Golf Instruction Products

For all streamed, downloaded, or DVD video and/or manual products, we offer a 90-day return policy. Physical DVD's and/or manuals must be returned undamaged in their original packaging (address will be provided via customer service). After 90 days all sales are final.

PAYPAL PURCHASES:  There is an exception to this policy for paypal purchases that we have no control over. If you request a refund after 60 days you will be assessed paypal fees (4.0% of total sale including shipping and tax) and you will NOT recieve a full 100% refund.  This is a Paypal policy and we have no control over this.  Avoid this restriction by using a credit card, out website is 100% encrypted and our transactions are processed through Authorize.NET (a subidary of VISA) one of the largest credit card processing companies in the world.

All Other Physical Products

For all physical items shipped to you (training aids, fitness products,etc.) we offer a 30-day return policy. After 30 days all sales are final. If for any reason you are unhappy with this type of product that you have purchased from us, you may return it for a full refund less shipping and handling fees. All returned items must be returned intact in their original packaging. Items containing a factory seal can only be returned if the product is unopened and the seals have not been broken.

Subscription Services

If you subscribe to a membership service such as the Inner Circle, you may request a refund within 3 days of purchase. After that, all sales are final. Members may elect to cancel their subscription at any time but there will be no pro-rata refund to the end of their current subscription period.

GOLF CLUB WARRANTY POLICY

Swing Surgeon Golf Branded or Doc Griffin Branded products

Swing Surgeon or Doc Griffin Branded Custom Golf clubs are warrantied for life against for workmanship. Swing Surgeon or Doc Griffin Branded Custom Golf clubs are not warrantied against neglect or misuse of the clubs.  If a club fails due to workmanship Swing Surgeon Golf Management will repair or replace the golf club under warranty; however, the product must first be returned to Swing Surgeon Golf Management for analysis and investigation of damage.  Swing Surgeon Golf Management will determine if the club failed due to workmanship or misuse then will communicate with the customer the findings of it's investigation.   Shipping of the returned product is the responsibility of the customer.  If the product is found to be damaged from misuse or neglect, the customer will have the choice of repair for a fee or returning the club to them unrepaired.  Swing Surgeon Golf Management will provide free shipping back to the customer after the product has been repaired or replaced.  

AGREEMENT BETWEEN USER AND SwingSurgeon.com

The SwingSurgeon.com Web Site is comprised of various Web pages operated by Swing Surgeon Golf Management LLC.

The SwingSurgeon.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SwingSurgeon.com Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

SwingSurgeon reserves the right to change the terms, conditions, and notices under which the SwingSurgeon Web Site is offered, including but not limited to the charges associated with the use of the SwingSurgeon Web Site.

LINKS TO THIRD PARTY SITES

The SwingSurgeon Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of SwingSurgeon and SwingSurgeon 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. SwingSurgeon is not responsible for webcasting or any other form of transmission received from any Linked Site. SwingSurgeon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SwingSurgeon of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the SwingSurgeon Web Site, you warrant to SwingSurgeon that you will not use the SwingSurgeon Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SwingSurgeon Web Site in any manner which could damage, disable, overburden, or impair the SwingSurgeon Web Site or interfere with any other party's use and enjoyment of the SwingSurgeon Web 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 SwingSurgeon Web Sites.

USE OF COMMUNICATION SERVICES

The SwingSurgeon Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

SwingSurgeon has no obligation to monitor the Communication Services. However, SwingSurgeon reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SwingSurgeon reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

SwingSurgeon reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SwingSurgeon's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SwingSurgeon does not control or endorse the content, messages or information found in any Communication Service and, therefore, SwingSurgeon specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SwingSurgeon spokespersons, and their views do not necessarily reflect those of SwingSurgeon.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO SwingSurgeon OR POSTED AT ANY SwingSurgeon WEB SITE

SwingSurgeon does not claim ownership of the materials you provide to SwingSurgeon (including feedback and suggestions) or post, upload, input or submit to any SwingSurgeon Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SwingSurgeon, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. SwingSurgeon is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SwingSurgeon's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SwingSurgeon WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SwingSurgeon AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SwingSurgeon WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SwingSurgeon WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SwingSurgeon 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 SwingSurgeon WEB 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. SwingSurgeon 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 SwingSurgeon 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 SwingSurgeon WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SwingSurgeon WEB 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 SwingSurgeon WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SwingSurgeon WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SwingSurgeon 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 SwingSurgeon WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SwingSurgeon WEB SITE.

SERVICE CONTACT: support@swingsurgeon.com

TERMINATION/ACCESS RESTRICTION

SwingSurgeon reserves the right, in its sole discretion, to terminate your access to the SwingSurgeon Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the SwingSurgeon Web Site. Use of the SwingSurgeon Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SwingSurgeon as a result of this agreement or use of the SwingSurgeon Web Site. SwingSurgeon's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SwingSurgeon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SwingSurgeon Web Site or information provided to or gathered by SwingSurgeon 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 SwingSurgeon with respect to the SwingSurgeon Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SwingSurgeon with respect to the SwingSurgeon Web 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 an d 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 drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the SwingSurgeon Web Site are: Copyright 2009 through 2013, 2014, 2015, and 2016 by SwingSurgeon.com and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.