TERMS & PRIVACY

Terms of Service

Introduction

These Terms of Use (“Terms”) are a legal agreement between you and Spectre Golf Apparel. (“Spectre Golf Apparel,” “we,” “us,” or “our”) that governs your access to and use of www.spectregolfapparel.com (the “Site”), References to “you” and “your” mean any person or legal entity that visits, accesses, browses, registers for an Account, or makes a purchase through the Site. Please read these terms carefully. By using the Site you agree to be bound by these Terms.

Age Requirements

You represent and warrant that you are at least eighteen years of age, and have the right, authority, and capacity to accept and agree to these Terms. If you are under age eighteen or are otherwise unable to accept and agree to these Terms, you may not use the Site. If we discover or have any reason to suspect that you are not at least eighteen years of age or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Site immediately and without notice.

Changes To These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and they apply to all access to and use of the Site thereafter. However, any changes to the Governing Law sections will not apply to any disputes for which the parties have actual notice prior to the date the change is posted within the Service.

Your continued use of the Site after the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Product Description

Prices, descriptions or availability of products on our Site are subject to change without notice. While products on this Site are presented with the greatest accuracy technically possible, representation on this Site through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased product.

Methods of Payment

You may make payment for products through the Site using a payment card or other payment method accepted by our third-party payment processor. We do not access or store your credit card information. You should review the terms of use and privacy policy of our third party payment processor prior to submitting your payment information. For more information about our use of third-party service providers, please review our Privacy Policy.

Links from the Website

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Feedback

If you provide us any comments or suggestions for improvements (“Feedback”) to the Site or our products, you hereby irrevocably assign to us all right, title and interest in and to the Feedback, without restriction or any obligation of compensation. Spectre Golf Apparel shall have all intellectual property rights in or relating to any communications you send to Spectre Golf Apparel and may use such communications for any purpose in its sole discretion.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

Privacy

Spectre Golf Apparel respects and is committed to protecting your privacy. When you use or access the Site, you authorize us to automatically collect information about you, your use of the Site, and to use, transmit, process, and store that information in accordance with our Privacy Policy. Please review our Privacy Policy prior to using the Site.

Reservation of Rights

Spectre Golf Apparel, its affiliates, and licensors, and suppliers own all right, title, and interest (including intellectual property rights) in the Site and reserve all rights not expressly granted to you in these Terms. The Site is protected by copyright and other intellectual property laws and treaty provisions. The Spectre Golf Apparel logos and trademarks referenced in the Site are the trademarks of Spectre Golf Apparel and its affiliates. Any other company names, product names, service names and logos referenced in the Site may be the trademarks of their respective owners.

Service Availability

Spectre Golf Apparel does not guarantee availability of the Site and you may access the Site if and when it is available. The Site may occasionally be down for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, Spectre Golf Apparel reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice.

Disclaimer of Certain Damages

To the maximum extent permitted by applicable law, in no event will Spectre Golf Apparel or any of its affiliates, suppliers or licensors be liable for: any consequential, special, incidental, indirect, or punitive damages; loss of profits, business, goodwill, anticipated savings, or use; loss or corruption of data, confidential information, or other information; business interruption; personal injury; property damage; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these Terms or the Site, even if Spectre Golf Apparel or any of its affiliates, suppliers, or licensors has been advised of the possibility of such damages.

Governing Law and Jurisdiction

You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. By using this Site, you agree that all matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the place where the we are based, without regard to conflict of laws principles.

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the state where Spectre Golf Apparel is based although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by Spectre Golf Apparel of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spectre Golf Apparel to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Service Interruption; Force Majeure

To ensure the best possible service level, Spectre Golf Apparel reserves the right to interrupt the Site for maintenance or any other changes, informing the users appropriately.

Within the limits of law, we may also decide to suspend or terminate the Site altogether. If the Site is terminated, Spectre Golf Apparel will cooperate with you to enable you to withdraw personal information in accordance with applicable law.

Additionally, the Site might not be available due to reasons outside Spectre Golf Apparel's reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts etc.)

Indemnification

You agree to defend, indemnify, and hold Spectre Golf Apparel and its directors, officers, employees, agents, partners, suppliers, affiliates, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your use of our products; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or any applicable law.

SMS Terms of Service

You may register and subscribe to receive mobile alerts from Spectre Golf Apparel. By subscribing, you expressly consent to receive autodialed SMS alerts and notifications on your mobile device from us. By signing up for text alerts you agree to these SMS Terms of Service.

When you opt-in to the service, we will send you an SMS message to confirm your signup. Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.)

You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Any charges you receive will be charged by your mobile service provider and payable by you. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered. By opting in, you acknowledge that you are 18 years of age or older, and understand the obligations and agree to these SMS Terms of Service. The information you provide to opt in to text alerts is subject to our Privacy Policy. We reserve the right to modify this agreement at any time, and any modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment to our SMS notifications will constitute acceptance by you of such modifications, additions or deletions.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages. This list of supported phone carriers is subject to change at any time. We are not liable if your phone carrier is not supported by our mobile alerts.

Message and data rates may apply for any messages sent to you from us and to us from you. Frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@spectregolfapparel.com.

If you have questions, concerns, or suggestions regarding the Site, our Products, your Account, or these Terms, please contact us at support@spectregolfapparel.com.

PRIVACY POLICY

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from spectregolfapparel.com.com (the “Site”). Please read this Privacy Policy carefully to understand our policies regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use our Site. By accessing our Site or making a purchase, you agree to the policies outline here.

Updates To This Policy

We may revise this Privacy Policy from time to time. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. If you do not agree with our changes, you should cease use of our Site immediately.

Personal Information We Collect

Information You Provide Us

When you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”. You may also provide us with personal information when you sign up to participate on our promotions.

Information We Automatically Collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

How Do We Use Your Personal Information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

The <website> uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

Sharing Your Personal Information

We share your Personal Information with third parties to help us use the information, as described above. For example, we use Wix to power our online store. You can read more about how Wix uses your Personal Information here: https://www.wix.com/about/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR PERSONAL INFORMATION COLLECTED THROUGH OUR WEBSITE TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

We may disclose your personal information as part of a corporate business transaction such as a merger or acquisition, divestiture, sale of company assets, or in the event of insolvency, bankruptcy, or receivership. In these cases, personal information could be transferred to third-parties as business asset. We may also share information with banks and similar entities for purposes of transferring loans in connection with your device financing.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. You may opt-out of behavioral advertising by contacting support@spectregolfapparel.com, updating your privacy preferences on our Site, or choosing the relevant option in the banner that appears across your screen when you visit the Site.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Do Not Track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

If you choose a direct payment gateway to complete your purchase, then Wix stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (“PCI-DSS”). Your purchase transaction is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standard Council, which is a joint effort of brands like Visa, MasterCard, American

Express and Discover.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and urge you to be careful about giving out information in public areas of the Website like in customer reviews. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your Rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise these rights, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Data Retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Accurate Information

When you complete forms online or otherwise provide us information in connection with your use of the Site, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted to use our Site for an ulterior purpose, we may refuse you access to our Site or any services we may provide on the Site, and pursue any appropriate legal remedies.

Text Marketing And Notifications

If you choose to enter your phone number in the checkout when completing a purchase, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Your phone number will be shared with third parties who assist us with delivering SMS notifications. We may also share this data for marketing purposes. You can unsubscribe from further text messages by replying STOP.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA/CPRA rights.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at support@spectregolfapparel.com.

TERMS & PRIVACY

Terms of Service

PRIVACY POLICY​

PRIVACY POLICY