Terms & Conditions
The Website and its contents are designed, operated and administered by Cobra Golf Incorporated (hereinafter “Cobra PUMA Golf”, “we”, “us”, “our”).
Access to the SiteIt is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, log-in credentials (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-in credentials and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-in credentials, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
Ordering and AvailabilityYou may purchase Products on the Site only for personal use and not for resale. By placing an order on the Site, you certify that you are purchasing Products for personal use only and not for resale and you accept the terms and conditions contained herein. We reserve the right to refuse orders for any reason without explanation. All orders placed on the Site are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. All orders are subject to e-mail confirmation by us. If your credit card has already been charged for an order that is later cancelled, Cobra PUMA Golf will issue you a refund. Please note that the products displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed. This Site may contain typographical errors or technical inaccuracies.
Shipment and DeliveryYour order will be delivered to the delivery address you specify when placing your order.
We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to P.O. Box or similar addresses. Products comprised within the same order cannot be delivered to different addresses. You are responsible for the shipping costs associated with the delivery of the Products you purchase on the Site as specified on your order confirmation.
If you order Product(s) for international delivery, they may be opened and inspected by applicable customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we do not control these charges. Please contact your local customs office for further information before placing your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included in the purchase price, then you will responsible for reclaiming any duties directly from your local customs office.
Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
You bear all risk of loss and damage to the Product(s) from the time of delivery or collection (as the case may be). Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by a common carrier, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
Prices and PaymentPrices are in USD and include applicable sales tax (based on your shipping address), but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping cart, and have selected your chosen different delivery method.
Prices and delivery costs as quoted on the Site are subject to change from time to time in Cobra PUMA Golf’s discretion.
Product informationWhile we have tried to accurately display the colors of Products featured on the Site, the actual colors and others details you see will depend on your monitor and, as such, may not be accurate. This Site may contain typographical errors or technical inaccuracies.
Any information on the Site regarding sizing of Products is included as a guide only. If you have questions as to the size of any Product you require, we recommend that you Contact Us prior to placing an order.
For information regarding returns, including Cobra PUMA Golf’s Return Policy, visit Returns & Exchanges.
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the following section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link. No part of any content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You will be solely responsible for all damages and other harm resulting from your use of the Site and the content. Cobra PUMA Golf shall not be deemed liable for any use of the Site and the content made by you in violation of any applicable laws and regulations and these Terms and Conditions.
Prohibited UseAny use of this Website for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this Website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; (v) activities that infringe upon any legally protected property right, etc.; and/or (vi) create links to the Site from any other website, without our prior written consent.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. By using this Website, you agree that any and all information transmitted to, by or with the use of this Website cannot and shall not be deemed confidential or proprietary. You agree not to use any data mining, robots, scraping or similar data gathering methods. Cobra PUMA Golf reserves the right to monitor transmissions and investigate any alleged prohibited use of this Website and to disclose any and all information relating to such prohibited use. Cobra PUMA Golf, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this Website. Any violation of this or any other section contained herein may result in termination of service and or any other action Cobra PUMA Golf determines appropriate under the circumstances.
Intellectual Property rightsThis Website contains many trademarks, trade names, service marks, copyrights, and/or logos (“Intellectual Property”) of Cobra PUMA Golf and may also contain Intellectual Property of Cobra PUMA Golf's affiliates. Such Intellectual Property remains the property of their respective owners. You recognize and acknowledge the ownership of all such Intellectual Property and understand and agree that you do not acquire, through use of this Website or otherwise, any right, title, or interest in or to any Intellectual Property. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, exploit or sell any Intellectual Property or content appearing on the Website, nor participate in any activity which modifies, copies, translates, broadcasts, performs, displays, distributes, frames, reproduces, republishes, downloads, displays, posts, transmits, exploits or sells such Intellectual Property. All rights to such Intellectual Property are reserved. Any use of the Intellectual Property without express written authorization is strictly prohibited. Nothing in these Terms and Conditions shall be interpreted as granting any license of Intellectual Property rights to you.
MobileThe Website contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Cobra PUMA Golf's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we do not send your messages to a different person.
If you use our Site to track your fitness activity or physical characteristics, we will collect this personal data and store it so that you can review it on the Site. Your fitness activity data may include data you enter about your activity or data collected by your device during your activity such as location data and movement data. We may use this activity data to calculate further information about your activity so that the calculated information can be provided to you as part of the functionality of the Site.
In many cases, to use particular features within our Site you may need to provide us with additional data or additional consent to use particular data in a certain way. For example, to share content on social media, you may be required to provide your social media account credentials to sign in.
Warranties and DisclaimerCobra PUMA Golf IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE WEBSITE. THE WEBSITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Cobra PUMA Golf AND THE PROVIDER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cobra PUMA Golf and the Provider cannot guarantee and do not make any promises regarding any specific results from use of the Website. Cobra PUMA Golf and the Provider do not make any representations or warranties regarding accuracy, completeness, currency, correctness, reliability, integrity, quality or originality of any content, that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Cobra PUMA Golf and the Provider do not make any warranties or representations regarding the use of the materials or content on the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that use of the Website is at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Website, loss of data or other harm of any kind that may result. Cobra PUMA Golf and the Provider reserve the right to change any and all content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
IndemnificationYou hereby agree to indemnify, defend, and hold harmless, Cobra PUMA Golf, its parent company, affiliates and subsidiaries and each of its respective officers, directors, employees, contractors, subcontractors, agents and partners from and against all claims, actions, suits, demands, costs, expenses, liabilities and damages (including reasonable attorney’s fees) asserted by any third party as a result of your use of this Site in violation of these Terms and Conditions. Cobra PUMA Golf has the right to control any defense pertaining to this section.
Limitation of LiabilityEXCEPT IN CONNECTION WITH DEATH OR PERSONAL INJURY RESULTING FROM Cobra PUMA Golf'S NEGLIGENCE, IN NO EVENT SHALL Cobra PUMA Golf OR PROVIDER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEB SITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST Cobra PUMA Golf FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. HOWEVER, IF Cobra PUMA Golf IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, Cobra PUMA Golf'S AND THE PROVIDER’S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Force MajeureNotwithstanding any other provision set forth in these Terms and Conditions, Cobra PUMA Golf shall not be liable for any failure or delay in its performance due to any cause beyond Cobra PUMA Golf's reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Cobra PUMA Golf shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.
RelationshipNothing in these Terms and Conditions is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between Cobra PUMA Golf and you.
Governing Law and JurisdictionYou agree that this Site, Terms and Conditions, Privacy Notice and any dispute between you and Cobra PUMA Golf shall be governed by, construed, and enforced in all respects by the laws of the Commonwealth of Massachusetts, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited by law, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Cobra PUMA Golf products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the Commonwealth of Massachusetts, USA. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of the Commonwealth of Massachusetts, USA. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of Cobra PUMA Golf products) must be commenced within one (1) year after the claim or cause of action arises.
Waiver, Severability and Entire AgreementCobra PUMA Golf's failure to insist upon or enforce strict performance of any of these Terms and Conditions shall not be considered a waiver of any provision or right. Neither the course of conduct between Cobra PUMA Golf and you, nor trade practice, shall modify any of these Terms and Conditions. Cobra PUMA Golf may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you. If any provision in these Terms and Conditions is deemed invalid, unlawful, void or unenforceable, then that provision is deemed severable from these Terms and Conditions and the remaining provisions shall continue to be valid and enforceable. These Terms and Conditions constitute the full and entire understanding and agreement between Cobra PUMA Golf and you pertaining to use of the Website. These Terms and Conditions remain in effect even after your account is terminated.
PrivacyFor information regarding our collection, processing and use of your personal information, visit our Privacy Notice. By using the Site, you agree to receive certain electronic communications from Cobra PUMA Golf. You agree that any notice, agreement, disclosure or other communication that Cobra PUMA Golf sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Contact UsPlease submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to firstname.lastname@example.org, by telephone: 1 (800) 917-3300, between the hours of 6:00 am to 4:00 pm PST, Monday-Friday, or write to us at:
COBRA PUMA GOLF
1818 Aston Avenue
Carlsbad, CA 92008