TERMS OF USE AND SERVICE

1. Introduction

These Terms of Use and Service (as amended from time to time, "Terms" or "Agreement") govern your access to and use of all Worldwide Golf Shops LLC and its affiliates ("Worldwide Golf Shops", "Company", "we", "us", or "our") websites (each a "Website", and collectively, "Websites"), online or mobile services or applications, stores, events, outings or trips, rewards programs, trade-in programs, sweepstakes or lotteries, or any other interaction with us in any way (collectively with the Websites, "Services").

This Agreement is a legally binding contract between you and Worldwide Golf Shops regarding your use of the Services. By accessing the Websites and Services, you indicate your acknowledgment and acceptance of the terms of this Agreement and the Privacy Policy (and, if a California resident, the California Privacy Policy), which is hereby incorporated by reference, including any changes or modifications to these agreements and/or policies that may be made by the Company from time to time.

You may not use the Services if you do not accept this Agreement. You accept the Agreement by using the Services or by otherwise clicking to accept or agree to the Agreement, where this option is made available to you by the Company in the user interface for any Service. Your continued use of the Services means you are consenting to any amendments to the Agreement, as described below. If you do not want to accept the Agreement, do not access, view or use any Services.

2. About Us

Worldwide Golf Shops is one of the nation's largest golf supply retailers with over 80 stores across the United States and is the owner of brands such as Roger Dunn Golf Shops, Edwin Watts Golf Shops, Golfer's Warehouse, The Golf Mart, Van's Golf Shops, Golfdom, Swing'Em Again Golf, Mike's Golf Outlet and Uinta Golf. Our goal is to have our customers completely satisfied with their purchases, and our customer service staff is dedicated to providing complete customer satisfaction.

Worldwide Golf Shops is an authorized dealer for major golf brands like Titleist, Ping, TaylorMade, Callaway, Adams, Bridgestone, Nike, Cobra, Srixon, Puma, Ashworth, Travis Mathew, adidas, Ecco, FootJoy, Acushnet, Cleveland, Mizuno, Scotty Cameron and many more. We take pride in our huge selection of golf products, apparel and accessories.

3. Customer Policies

PARtner Loyalty Rewards Program: By making a purchase on select Websites, or at select stores, you may automatically be enrolled in our PARtner Loyalty Rewards Program. You may cancel your membership to the PARtner Loyalty Rewards Program at any time by emailing [email protected]. Effective suspension or cancellation of the Program will not automatically unsubscribe you from marketing communications. Please see HERE for the PARtner Loyalty Rewards Program Terms and Conditions.

Low Price Guarantee*: Worldwide Golf Shops prides itself on offering the absolute lowest prices available on the Internet! If for some reason we do not have the lowest available price for an in stock item by an authorized online dealer, we will match the competitor's price. It is important to purchase from an authorized dealer because you avoid purchasing stolen or counterfeit clubs, and you get the full warranties offered by the manufacturers. We reserve the right to not price match non-authorized online golf and sporting goods retailers. We do, however, price match most major golf retailers such as Dick's Sporting Goods, The Golf Warehouse, Golf Galaxy, PGA Superstore and many more.

We also offer our famous 90 Day, 100% Satisfaction Guarantee!**

*Only offered on select Websites.

**Only offered on select Websites, and trade-in programs are expressly excluded.

4. Hours of Operation

Fulfillment Center: Worldwide Golf Shops' main fulfillment center is centrally located in the Midwest. Our main fulfillment center hours of operations are listed below for your convenience. We have a voicemail system which we check regularly, so if you reach us during closed hours, please leave a detailed message and we will return your call promptly.

You may also send us an e-mail to which we will promptly reply during the next business day at [email protected].

Please consult our store list and Websites for information on each store's hours of operation and contact information.

5. Payment Methods

Worldwide Golf Shops securely accepts these credit cards: Visa, American Express, Discover, MasterCard and check out by Amazon. Unfortunately, we cannot accept checks, C.O.D. or money orders.

We also accept PayPal on select Websites. Simply choose this payment method during check out, where available. If you have any questions regarding your payment, feel free to send us an e-mail to [email protected].

6. Sales Tax

If you are purchasing from us, we will charge and collect sales tax in accordance with state and local laws. Generally, the tax rate is based on the type of product or service purchased and the location your purchase is shipped, delivered or picked up. Where sales tax is applicable, the order total during the checkout process reflects estimated sales taxes. The final sales tax charged on your order will be displayed in your order confirmation sent via e-mail. Shipping charges may also be subject to tax in certain states.

Trade-In Program

You are responsible for reporting and paying any and all applicable tax (including sales tax) when you trade in, or sell to us, any new or used golf equipment.

7. Product Availability

We do everything we can to ensure that the items shown on our Websites are available at the time of your order and that you are able to get your order when you want it. We will immediately notify you via e-mail of when we expect to ship your order. At that time, if you wish to cancel or change your order, just let us know at [email protected].

Please Note: All orders are subject to acceptance by Worldwide Golf Shops, and we reserve the right to reject and refuse delivery or shipment of any orders we suspect may be fraudulent, or if we are unable to fulfill your order for other reasons. We also reserve the right to limit quantities of product when we deem necessary.

8. Pricing Policies

A. Specific Pricing Policies for swingemagaingolf.com

Prices subject to change without notice. We reserve the right to adjust pricing on quotes if we deem the pricing is the result of our, or your error, miscommunication and/or other glitches.

Limited to no credit will be given for golf clubs if they have any of the following features:

• Less than 5 consecutive clubs with matching shafts and contain a pitching wedge
• Dented or cracked shafts
• Wedges and iron heads that have large nicks, dings or worn faces
• Heads that rattle
• Iron sets that have mis-matched shafts (there may be some value but please contact us separately to discuss)
• Counterfeits (in our sole discretion)
• Lengths and lie angles that are not the norm (there may be some value but please contact us separately to discuss)
• Excessive shaft wear or poor re-shaft work
• Any other features that would affect the product's resale value

Quotes are good for 10 days from the day the quote is submitted. All orders received after 10 days will be given the current cash value listed online.

We reserve the right to refuse order submissions where a user may be recycling golf products in volume from other similar sellers in the industry. The trade-in program was created to work with golf professionals, retail stores and the general public to facilitate trade-ins as well as manage their own shop inventory.

B. All Websites

Worldwide Golf Shops strives to constantly maintain accurate, competitive pricing on every item we offer. However, occasionally mistakes occur. If you feel there is a pricing error on our Websites, feel free to contact us at [email protected]. We will do everything we can to ensure your complete satisfaction.

Prices and product availability are subject to change without notice. If there is a price discrepancy on any of our Websites, Worldwide Golf Shops reserves the right to not honor the price listed in error. We will commend those who point out the error and will consider a favorable resolution for helping us recognize the error.

9. Our Rights to Use Content

By accessing and using our Services, you grant us a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content (defined below) that you make available, on any of our social media, Websites, or on any third party website, media or forum relating to the Services, and in any form, format, or forum now known or hereafter developed. Worldwide Golf Shops is, and will be, under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any Content. You grant to Worldwide Golf Shops the right to use any name associated with any Content that you make available, but Worldwide Golf Shops has no obligation to provide any attribution for any Content. "Content" means mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials).

10. Disclaimers

Worldwide Golf Shops makes every effort to ensure the accuracy of the information on this Website. The content on this Website may include some inaccuracies, typographical errors and/or omissions. As such, Worldwide Golf Shops does not accept any responsibility for errors or omissions.

THIS WORLDWIDE GOLF SHOPS WEBSITE IS PROVIDED BY WORLDWIDE GOLF SHOPS LLC ON AN "AS IS, AS AVAILABLE" BASIS. WORLDWIDE GOLF SHOPS MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR RELIABILITY OF THIS WEBSITE, THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THIS WEBSITE, OR THE QUALITY OR SAFETY OF ANY PRODUCTS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WORLDWIDE GOLF SHOPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, WORLDWIDE GOLF SHOPS DOES NOT WARRANT THAT THIS WEBSITE OR ITS CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Worldwide Golf Shops makes every effort possible to display all product availability and variations (i.e., colors) for the items it sells, where applicable. We cannot control, however, the settings or computer monitor quality of our users. We cannot, therefore, guarantee the color you see on your monitor will be the exact color of the item offered for sale, where applicable.

Exercising and golf can be a potentially hazardous activity which involves a risk of injury to any and all parts of the user's body and potentially even death. By purchasing any golf products from our Websites, or by following any golf-related advice or tips found on any Worldwide Golf Shops Website, you hereby freely and expressly assume and accept any and all risks of injury while walking and playing golf.

11. Intellectual Property

No license, right, title, or interest in the Websites or any materials thereon is transferred to you as a result of your use of the Services or your accessing, viewing, downloading, or printing of the any materials from the Websites. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Websites. The Websites may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Websites is strictly prohibited.

12. How to Contact Us

If you have any questions or comments, please contact us via email at: [email protected] or by mail at the following address: Worldwide Golf Shops, 1430 Village Way, Suite J, Santa Ana, CA 92705. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

If you prefer to call us, please feel free to reach out toll-free at 1-888-216-5252.

13. Amendments

We maintain the right to amend the terms of this Agreement at any time in our sole discretion, with or without notice to you. Our most up-to-date Terms will be posting to this page at all times and we may, in some instances, post a change notice. Your continued use of the Websites and Services will constitute binding acceptance of all changes to these Terms.

14. Other

This Agreement makes up the entire, complete, and exclusive agreement between the parties regarding the Company and Services, and supersedes prior agreements, representations and understandings, whether oral, written or established by custom, practice, policy or precedent.

Failure or delay by the Company to enforce an obligation or exercise a right under this Agreement does not constitute a waiver of that obligation or right. The Company reserves the right to seek any and all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular internet address to the Websites.

If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable by a court of competent jurisdiction for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them and the remainder of the Terms shall remain in full force and effect.

Any waiver of this Agreement must be made in writing and signed by a duly authorized representative of the Company.

All of the Company's rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

You agree to resolve any claim, charge, investigation, cause of action or dispute ("Claim") against the Company and/or its affiliates, subsidiaries, officers, directors, managers, employees or agents, arising out of or relating to this Agreement exclusively in a state or federal court located in Los Angeles, California, United States of America, regardless of your country of origin or access point of the Services. The laws of the State of California will govern this Agreement, as well as any Claim that might arise between you and the Company, without regard to conflict of law provisions. You agree to be subject to the personal jurisdiction of the courts sitting in the State of California, in the event that any litigation results concerning any aspect arising out of your use of the Website. You agree that any Claim against the Company shall be brought within one year from when the Claim arose. Any Claims not brought within such period of time shall be deemed waived. Your access to and use of the Websites is subject to your compliance with all applicable law. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. Notwithstanding the above, you agree that the Company shall still be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.

If the Company or its affiliates take action to enforce this Agreement, such parties shall be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and court costs, in addition to any other relief, at law or in equity, to which such parties may be entitled.

The Company reserves all rights not expressly granted to you herein.

Date of Effectiveness: July 29, 2022