Terms of Use

Updated: 05 November 2013

SHIPPING POLICY

PeakPerformance.com uses the USPS, to get our products to you. Please contact us if you have any questions about our shipping policy.

BASIC SHIPPING

When you select "Basic Shipping" as your shipping method PeakPerformance.com will determine the most economical shipping method depending on your location, size and weight of your order.

PeakPerformance.com will make this decision at its sole discretion. If you need a specific shipping method or guaranteed delivery date we ask that you choose from one of our USPS Guaranteed Delivery services such as Priority Mail or Express Mail.

All shipping guarantees are made by the carriers themselves. PeakPerformance.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, 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.

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 PeakPerformance.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

PeakPerformance.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.

EXPEDITED SHIPMENTS

If you need an expedited shipment please call us immediately and we will do our best to accommodate you.

INSURANCE

If you select a shipping method that includes insurance, PeakPerformance.com will ensure your order for the full value of the contents. Please contact PeakPerformance.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.) PeakPerformance.com is not responsible for the package once it leaves our warehouse. PeakPerformance.com will not be held liable for any inconvenience caused by lost or damaged packages.

NOTIFICATION

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

RETURNS and REFUNDS POLICY

Defective Products

PeakPerformance.com will, at its discretion, allow for the return or replacement of any defective product within 60 days from the date of purchase.

Golf Instruction Products

For all streamed, downloaded, or DVD video products, we offer a 90-day return policy (see note regarding Paypal purchases). Physical DVD's must be returned undamaged in their original packaging. 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.  Paypal policy will only allow a full refund at 60 days or less.  If you request a refund after 60 days you will be assessed paypal fees and you will NOT recieve a full 100% refund.  This is a Paypal policy and we have no control over this.

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.

PayPal Purchases

Paypal only allows for a full refund sixty (60) days from the date of purchase. If you process your payment through Paypal our 90-day return policy for Golf Instruction Products still applies; however, you are only eligible for a full refund up to 60 days. If you request a refund and your purchase is 60 days or older you will only be refunded the purchase minus Paypal fees.

AGREEMENT BETWEEN USER AND PeakPerformance.com

The Peak Performance Web Site is comprised of various Web pages operated by Peakperformancegolfswing.com

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

MODIFICATION OF THESE TERMS OF USE

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

LINKS TO THIRD PARTY SITES

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

NO UNLAWFUL OR PROHIBITED USE

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

USE OF COMMUNICATION SERVICES

The Peak Performance 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.

 

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

Peak Performance 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 Peak Performance's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Peak Performance does not control or endorse the content, messages or information found in any Communication Service and, therefore, Peak Performance 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 Peak Performance spokespersons, and their views do not necessarily reflect those of Peak Performance.

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 Peak Performance OR POSTED AT ANY Peak Performance WEB SITE

Peak Performance does not claim ownership of the materials you provide to Peak Performance (including feedback and suggestions) or post, upload, input or submit to any Peak Performance Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Peak Performance, 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. Peak Performance is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Peak Performance'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 Peak Performance WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Peak Performance AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Peak Performance WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Peak Performance 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.

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

SERVICE CONTACT: support@peakperformancegolfswing.com

TERMINATION/ACCESS RESTRICTION

Peak Performance reserves the right, in its sole discretion, to terminate your access to the Peak Performance 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 Peak Performance Web Site. Use of the Peak Performance 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 Peak Performance as a result of this agreement or use of the Peak Performance Web Site. Peak Performance's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Peak Performance's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Peak Performance Web Site or information provided to or gathered by Peak Performance 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 Peak Performance with respect to the Peak Performance Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Peak Performance with respect to the Peak Performance 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 Peak Performance Web Site are: Copyright 2013 by PeakPerformance.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.

OWNERSHIP and OPERATING LEGAL NOTICE

Peakperformancegolfswing.com, "Peak Performance", "Peak Performance Golf", and "Peak Performance Golf Swing" are owned and operated by The Swing Surgeon Golf Management LLC, P.O. Box 1025, Inman, SC 29349, United States.

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