Terms of service

Please read these Terms of Service carefully. By accessing or using this website or purchasing any Product, you agree to be bound by these Terms. If you do not agree, you may not use the website or purchase Products.

1. Agreement to Terms

1.1 Parties. These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you," "your" or "Customer") and Grind Your Golf LLC, doing business as The Giant Tee ("The Giant Tee," "we," "us" or "our"), governing your access to and use of thegianttee.com and any related pages, services and features (collectively, the "Site"), and your purchase of any Product offered through the Site.

1.2 Incorporated Policies. Our Shipping Policy, Return & Refund Policy and Privacy Policy are incorporated into and form part of these Terms. In the event of a conflict between these Terms and any incorporated policy with respect to the subject matter of that policy, the incorporated policy shall control.

1.3 Eligibility. You represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction, and possess the legal capacity to enter into these Terms. The Site is intended solely for users located within the United States.

1.4 Changes to Terms. We reserve the right to amend, modify or replace these Terms at any time, in our sole discretion, by posting the revised Terms on the Site and updating the effective date above. Your continued use of the Site or purchase of Products following such posting constitutes your acceptance of the revised Terms. The Terms in effect on the date of your order shall govern that order.

2. Products, Pricing and Orders

2.1 Product Descriptions. We endeavor to describe and depict our Products accurately. However, because each Product is made to order by hand, and because colors displayed on screen vary by device, we do not warrant that Product images, colors, previews or descriptions are complete, accurate or free of error. Previews generated by the online builder are illustrative only and do not constitute a representation of the exact appearance of the finished Product.

2.2 Pricing. All prices are stated in United States dollars and are subject to change without notice. Prices do not include applicable sales taxes or shipping charges, which will be calculated and displayed at checkout. We reserve the right to correct any pricing error, whether before or after an order has been submitted.

2.3 Order Acceptance. Your submission of an order constitutes an offer to purchase. An order is accepted only when we confirm acceptance in writing or ship the Product. We reserve the right, in our sole discretion, to refuse, limit or cancel any order, including without limitation orders that appear fraudulent, that contain pricing or product errors, that request shipment outside the United States, or that request content prohibited under Section 3. If we cancel an order after payment has been processed, we will issue a full refund to the original method of payment.

2.4 Payment. Payment is due in full at the time of order. By submitting payment information, you represent that you are authorized to use the payment method provided and authorize us and our third-party payment processors to charge the full amount of your order. We do not store complete payment card information on our own systems.

2.5 Bulk and Event Orders. Quotes for bulk, tournament or event orders are valid for thirty (30) days from issuance unless otherwise stated, and are subject to these Terms and any additional terms set forth in the quote.

2.6 Shipping, Returns and Lead Times. Processing times, shipping charges, delivery and risk of loss are governed by our Shipping Policy. Returns, refunds and cancellations are governed by our Return & Refund Policy, which provides, among other things, that Custom Logo Builds and personalized Products are final sale.

3. Custom Content Supplied by You

3.1 Customer Content. "Customer Content" means any logo, artwork, design, image, text, name or other material that you submit to us for incorporation into a Product, including text for an engraved plate.

3.2 Your Representations. By submitting Customer Content, you represent and warrant that (a) you own, or have obtained all licenses, permissions and consents necessary to use and to authorize us to reproduce, Customer Content on a Product; (b) Customer Content does not infringe, misappropriate or violate any copyright, trademark, right of publicity, privacy right or other right of any third party; and (c) Customer Content is not defamatory, obscene, hateful, harassing or otherwise unlawful.

3.3 License to Us. You grant The Giant Tee a non-exclusive, royalty-free license to use, reproduce, modify, scale and adapt Customer Content solely to the extent necessary to prepare proofs, manufacture and deliver your order. We will not use Customer Content for any other purpose, including in our marketing, without your separate consent.

3.4 Right to Refuse. We reserve the right, in our sole discretion, to decline to reproduce any Customer Content that we believe may infringe the rights of others, may be unlawful or offensive, or cannot be faithfully reproduced, and to cancel and refund the associated order.

3.5 Proof Approval. You are solely responsible for reviewing and approving each digital proof. Your approval constitutes acceptance of the design as shown, including all spelling, colors, sizing and placement.

4. Intellectual Property

4.1 Our Content. The Site and all content made available through it, including without limitation the name "The Giant Tee," our logos, product designs, stripe patterns and colorway names, photographs, text, graphics, the online builder and the underlying software (collectively, "Our Content"), are owned by or licensed to The Giant Tee and are protected by United States and international copyright, trademark, trade dress and other intellectual property laws.

4.2 Limited License. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use in connection with purchasing Products. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display or commercially exploit any of Our Content without our prior written consent.

4.3 Reproduction of Products. The purchase of a Product does not convey any right to reproduce, manufacture or sell copies of that Product or its design.

5. Use of the Site

You agree not to: (a) use the Site for any unlawful purpose or in violation of these Terms; (b) attempt to gain unauthorized access to the Site, its servers or any related systems; (c) use any robot, scraper or other automated means to access or collect data from the Site; (d) interfere with or disrupt the operation or security of the Site; (e) submit false, misleading or fraudulent information or orders; or (f) impersonate any person or entity. We may suspend or terminate your access to the Site at any time, without notice, for any conduct we believe violates these Terms.

6. Product Use and Safety

Products are decorative display items intended for indoor use only. They are not toys and are not intended for use as functional golf equipment, as a tool, or for any purpose other than display. Products may contain small parts and should be kept away from young children. You assume all risk arising from any use of a Product contrary to these Terms or to the care instructions we provide.

7. Disclaimer of Warranties

Except as expressly set forth in our Return & Refund Policy, the Site and all Products are provided "as is" and "as available," without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by law, The Giant Tee disclaims all implied warranties, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, secure or error-free, or that any defects will be corrected. Minor variations in color, finish and texture are inherent to handmade, 3D-printed products and do not constitute defects.

8. Limitation of Liability

To the fullest extent permitted by law, in no event shall The Giant Tee, its owners, officers, employees, contractors or agents be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to these Terms, the Site or any Product, whether in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages. Our total cumulative liability for any claim arising out of or relating to these Terms, the Site or any Product shall not exceed the amount you actually paid to The Giant Tee for the Product giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above exclusions and limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify and hold harmless The Giant Tee and its owners, officers, employees, contractors and agents from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your Customer Content, including any claim that Customer Content infringes or violates the rights of a third party; (b) your breach of these Terms; or (c) your violation of any law or the rights of any third party.

10. Governing Law and Disputes

10.1 Governing Law. These Terms and any dispute arising out of or relating to them, the Site or any Product shall be governed by the laws of the State of Utah, without regard to its conflict-of-law provisions.

10.2 Informal Resolution. Before initiating any legal proceeding, you agree to first contact us at thegiantteeut@gmail.com and to attempt in good faith to resolve the dispute informally for a period of not less than thirty (30) days.

10.3 Venue. Subject to Section 10.2, any legal action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Weber County, Utah, and you consent to the personal jurisdiction of such courts. Notwithstanding the foregoing, either party may bring an individual claim in a small claims court of competent jurisdiction.

11. General Provisions

11.1 Entire Agreement. These Terms, together with the policies incorporated herein and any written quote accepted by you, constitute the entire agreement between you and The Giant Tee regarding their subject matter and supersede all prior understandings.

11.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.

11.3 No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

11.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

11.5 Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including without limitation acts of God, natural disasters, fire, epidemic, governmental action, labor disputes, carrier delays, power or internet outages, or shortages of materials.

11.6 Contact. Questions regarding these Terms should be directed to The Giant Tee at thegiantteeut@gmail.com.