Legal
Terms and Conditions
By using this site to conduct buying and or selling of golf clubs and accessories, you agree to read and follow all of the terms and notices posted on this web site. FB Golf, Inc., reserves the right to make changes and updates to any information contained within this web site without prior notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.
Fat Bastard ™ is a federally registered trademark, owned by FB Golf, Inc., and may not be used without our written permission, except as set forth below. This site is owned and operated by FB Golf, Inc., a Florida corporation, and contains material which is derived in whole or in part from material supplied by us, and is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download and/or print page material from this site for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices.
Our trademarks identify our products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. Please make such requests by email to info@fatbastarddriver.com
You may never use our trademarks in the following ways:
In a non-FB Golf, Inc. product name or publication title.
In, as, or as part of your own trademarks.
To identify products or services that are not owned by FB Golf, Inc..
To cause confusion.
To suggest inaccurately that we sponsor, endorse, or are otherwise connected with your activities, products, or services.
To disparage FB Golf, Inc.
In any other manner that FB Golf, Inc., or its users find offensive.
When you use our trademarks, please include the following attribution:
"Fat Bastard ™" is a registered trademark of FB Golf, Inc., in the US and other countries. Except as noted above, you may not use, copy, or redistribute FB Golf, Inc.'s logos without written or electronic permission from FB Golf, Inc..
FB Golf, Inc., does not warrant or guarantee that the information contained in this web site is complete or error-free, or that the most up-to-date information is necessarily included in the web site. FB Golf, Inc. shall not in any event or for any reason be liable for any errors or omissions in any information provided in or through this web site.
Disclaimer of Warranty and Liability. There are no warranties or representations of any kind associated with your use of this web site or any products or other merchandise listed or referred to in the web site. However, the limitation stated in the preceding sentence does not apply to a Buyers' right to return an order within the terms of the Buyers' 48 hour inspection period. The information, e-commerce and other services, and any form of product or merchandise which are or may be provided by or in connection with this web site are all on an "as is" basis. You understand and agree that all warranties, whether express or implied, including the implied warranties of MERCHANTABILITY and fitness for a particular purpose, are hereby expressly disclaimed, and you agree never to assert any type of warranty claim against the FB Golf, Inc.
Exclusion of Punitive and Consequential Damages. With respect to any and all claims arising as a result of your use of this web site or otherwise in any way related to the web site, FB Golf, Inc. WILL NOT BE LIABLE TO YOU IN ANY EVENT, OR FOR ANY REASON, FOR ANY PUNITIVE DAMAGES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (including any damages for lost or damaged files or data, lost profits, lost savings, or loss of opportunity), EVEN IF FB Golf, Inc., HAS BEEN INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE. This limitation shall apply without regard to the cause of action or form of action, and limits damages from claims in contract, warranty, tort (including allegations of negligence or allegedly intentional misconduct), product liability or strict liability.
Dollar Cap on Damage Liability. THE AGGREGATE LIABILITY OF FB Golf, Inc.™ FOR ANY ACTUAL, DIRECT NOMINAL AND ALL OTHER DAMAGES ARISING AS A RESULT OF YOUR USE OF THIS WEB SITE, OR IN ANY WAY RELATING TO THE WEB SITE OR THE PRODUCTS, MERCHANDISE OR SERVICES PROVIDED IN CONNECTION WITH SUCH USE, SHALL BE LIMITED IN ANY EVENT TO TWO HUNDRED FIFTY DOLLARS ($250.00). The limitation stated in the preceding sentence is an aggregate limit and shall not be expanded, and no exception shall be made, on account of the existence of multiple claims, whenever arising, regardless of the nature or extent of such claims.
Third Party Claims. FB Golf, Inc., shall not be liable to you for any reason, for or with respect to any claim, debt or demand made or brought against you by any third party (including any other user of the web site).
Dispute Resolution. Any disputes, controversies, or claims arising between you and FB Golf, Inc., that arise out of or relating to your use of this web site, or any transaction conducted on or through the site, or of the rights and obligations related hereto (collectively, the Disputes"), shall be referred to the American Arbitration Association for arbitration in accordance with the commercial rules of the American Arbitration Association. Any such Dispute shall be arbitrated on an individual basis, and shall not be consolidated in any other arbitration or proceeding involving any claim or controversy with or by any other party. The place of arbitration shall be Pinellas County , Florida . The Federal Arbitration Act will govern any such arbitration. Each party shall bear its own costs, and the decision of the arbitrators shall be final and enforceable. Any amounts awarded pursuant to this Agreement shall be payable in U.S. dollars, free of any tax, offset or any other deduction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims presented to the tribunal. Judgment upon any arbitral award may be entered and enforced in any court of competent jurisdiction, in respect of any action for enforcement of an award by either party.
Except to the extent provided above regarding the operation of the Federal Arbitration Act, your use of this web site, and any interpretation of the terms of use and any legal issues related thereto will be governed by, and construed and interpreted according to, the substantive laws of the State of Florida .
Policy
The Fatbastarddriver.com web site ("Web Site") is owned and operated by FB Golf, Inc., a Florida corporation (Fat Bastard ™) and this Privacy Policy governs the manner in which Fat Bastard ™ collects, uses, and maintains information collected from users (each, a "User"). Fat Bastard ™ reserves the right, at its discretion, to change, modify, add, or remove portions of this Privacy Policy at any time by posting such changes to this page. Any changes will be in bold for a period of not less then 30 days from the date of posting. Please check this Privacy Policy periodically for changes. The continued use of the Web Site following the posting of changes to these terms will mean you accept those changes.
Privacy
Fat Bastard ™ is committed to safeguarding the information Users entrust to Fat Bastard™ and believes every User should know how Fat Bastard ™ utilizes the information collected from the Web Site. This Web Site is not directed at children under 13 years of age.
The Information We Collect
Fat Bastard ™ may collect personally identifiable information from Users in a variety of ways. Personally identifiable information may include (i) contact data (such as a Users name, mailing and e-mail addresses); (ii) financial data (such as a Users account or credit card number); and (iii) demographic data (such as a Users zip code, age and income). If you communicate with Fat Bastard ™ by e-mail, post messages to any forums, or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected by Fat Bastard ™. Fat Bastard ™ may also collect information about how Users use our Web Site, for example, by tracking the number of unique views received by the pages of the Web Site, or the domains from which Users originate. We may use "cookies" to track how Users use our Web Site. A cookie is a piece of software that a Web server can store on the Users' PC and use to identify the User should they visit the web site again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our Web Site. We may use third party ad networks to serve ads on the Web Site. The cookies received with banner ads served by these networks are used to collect and build anonymous behavioral profiles by these companies to deliver targeted ads and tracking referrals, and Fat Bastard ™ generally does not have access to this information.
How We Use Information
Fat Bastard ™ may use personally identifiable information collected through our Web Site to contact Users regarding products and services offered by Fat Bastard ™. Fat Bastard ™ may also use information collected through our Web Site for research regarding the effectiveness of the Web Site and the marketing, advertising and sales efforts of Fat Bastard ™.
Disclosure of Information
We may disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, we may transfer information collected from Users in connection with a sale of Fat Bastard ™'s business.
Maintenance of Information
Information about Users that is maintained on our systems is protected using industry standard security measures. Please email us if you would like your Information updated or removed from our systems.
