Terms of service

These Terms of Use ("Terms of Use") govern your use of Parsons Xtreme Golf, LLC's ("PXG") website at www.pxg.com ("Site"), including any purchases of products from this Site. Please also see our Privacy Policy for information about our privacy practices and policies, which are referenced and incorporated into these Terms of Use. By accessing or using this Site, you agree to these Terms of Use and Privacy Policy ("Agreement"), which form a legally binding contract. If you do not agree to be bound by this Agreement, please do not use this Site.

NOTE: THIS AGREEMENT CONTAINS AGREEMENT TO MANDATORY ARBITRATION PROCEDURES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTES RELATED TO THIS SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN LITIGATING IN COURT. IF YOU CANNOT AGREE TO MANDATORY ARBITRATION PROCEDURES, YOU MUST FOLLOW THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW. THIS DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED INDIVIDUALLY FOR ANY DISPUTE, AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A WAIVER OF JURY TRIAL.

1. Ownership of the Site and Content

All pages of this Site and all materials available for download are the property of PXG unless otherwise noted. This Site is protected by U.S. and international copyright and trademark laws. You may not copy, distribute, modify, reproduce, publish or use the content of this Site, in whole or in part, including, but not limited to, files, documents, text, photographs, images, audio, video and other materials accessible from or available through the use of or downloading from this Site (collectively, "Content"), except for purposes permitted or approved in writing by PXG.

Permission is granted to view, copy, print and use the content contained on this Site solely for your personal use, subject to the following conditions: (1) use the content available on this Site for informational or non-commercial purposes only, (2) not modify in any way any text, images or other content available from this Site, and (3) use, copy and distribute charts, images or photographs available from this Site separate from any accompanying text or any copyright, trademark or other proprietary rights notices. Nothing in this Agreement shall be construed as conferring, by implication, estoppel or otherwise, any license under any patent, copyright, trademark or other intellectual property of PXG or any third party, unless expressly stated.

2. Code of Conduct

When accessing and using this site, you agree not to engage in the following acts:

  • Engage in any fraud or misrepresentation, including, but not limited to, impersonating any other person or entity, providing personal information of another person without authorization, or using a false name with the intent to deceive, mislead or deceive.
  • Use the Site in any manner that could damage, disable, overburden, impair or otherwise interfere with the Site or any devices used by other users, or damage, interrupt or limit the functionality of any software, hardware or telecommunications equipment.
  • Gain or attempt to gain unauthorized access to this Site, accounts, computer systems, or networks connected to the Site, through hacking, password mining or any other means.
  • Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Site, including through harvesting or otherwise collecting information about others, such as names or email addresses.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, or "flooding," "spamming," "mail bombing," or "crashing."
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engines and search agents made available by PXG and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).
  • Violate any applicable law, regulation, ordinance or ordinance.
  • Violate the rights of others, including privacy and intellectual property rights.
  • Violations of system or network security may result in civil or criminal liability. PXG will investigate occurrences that may involve such violations, and PXG may be involved in or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

3. Account

You may be required to create an account to access or use certain content on the Site or to purchase products from the Site. If you create an account, you are responsible for maintaining the confidentiality of your account (including username and password information) and for restricting access to such information, your account, and your devices. You agree to accept responsibility for all activities that occur under your account or password. You further agree to notify us immediately of any unauthorized access to or use of your account or password, or any other breach of security. We reserve the right to terminate your account at any time.

4. Purchase of Products

A. Products and Pricing.

All products displayed on this Site are subject to change to reflect current product information, pricing and availability. PXG reserves the right to modify, suspend or terminate any product sales at any time, with or without notice.

Despite our efforts, the Site may from time to time contain information that is inaccurate, incomplete, or out of date. If a product is listed at an inaccurate price or with inaccurate information, we reserve the right to refuse or cancel any such orders. If your credit card has already been charged and your order is canceled, we will issue a refund to your credit card account in the amount of the charge.

If the product you receive is not as described, your sole remedy is to return it in unused condition in accordance with PXG's return policy.

B. Payment Terms.

For any Products you order on the Site, you agree to pay the price displayed on the product page at the time of your order (the "Product Price"), any shipping charges for the delivery service you select (the "Shipping Charges"), and all applicable taxes, for which PXG will automatically charge, and you authorize us to charge, your credit card provided as part of the order process.

Unless expressly stated in the Terms or on the applicable product page, all payments are non-refundable.

*PXG reserves the right to limit or refuse returns on certain products, such as special order (customized), assembled or customized parts, or personalized items. Please review our site's Return Policy for more information.

5. Accuracy of Information and Disclaimer of Warranties

While PXG attempts to ensure the consistency and accuracy of this Site, PXG makes no representations or warranties as to the accuracy of this Site or its content. The information and content contained on this Site may be changed or updated without notice. PXG reserves the right, without prior notice and without any obligation, to discontinue any products or other merchandise featured on this Site.

Any use or reliance on any advice or information obtained from or through this site is at your own risk. All content, including products, services, information, text, and related graphics contained in or available from this site are provided to you on an "as is" and "as available" basis. PXG makes no representations or warranties of any kind, express or implied, as to the operation of this site. To the fullest extent permitted by applicable law, PXG disclaims all representations and warranties, express or implied, including, but not limited to, implied warranties of merchantability or satisfactory quality, fitness for a particular purpose, workmanlike effort, title, and non-infringement of third party rights. PXG makes no warranty or representation that defects will be corrected, that the site is virus-free, or that the site is free of other harmful components.

PXG is not responsible for any failures caused by server errors, mistransmissions or transmissions, failed Internet connections, or any computer virus or other technical defects, whether human or technical in nature.

6. Limitation of Liability for Use of the Site

PXG AND ANY THIRD PARTIES MENTIONED ON THIS SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, THE CONTENT OR INFORMATION CONTAINED ON THIS SITE OR ANY LINKED SITES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, ERRORS OR INACCURACIES, VIRUSES OR OTHER HARMFUL COMPONENTS, OR PROPERTY DAMAGE RESULTING FROM BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, ANY SERVICES RELATED TO THIS SITE, OR ANY LINKED SITES IS TO DISCONTINUE USING THIS SITE OR SUCH SERVICES.

7. Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES, AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMER, EXCLUSION, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PXG'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify and hold PXG and its affiliates, and their respective officers, representatives, directors, employees, consultants or agents, harmless from all third party claims, losses, liability, damages and costs (including, but not limited to, reasonable attorneys' fees) arising from or relating to your use of any Content downloaded or otherwise obtained from this Site, or your violation of the Terms of Use, including, but not limited to, your infringement of any intellectual property or other right of PXG or any other person or entity.

9. Links

This Site may contain links to websites, applications or other services operated by third parties ("Linked Sites"). PXG does not monitor or control the Linked Sites and makes no representations about, and is not responsible or liable for, the accuracy, completeness, legality, timeliness, reliability or availability of any content uploaded, displayed or distributed on, or products or services available on, any Linked Site. If you access any third party site (including any Linked Site), you do so at your own risk and your use of such site is subject to the terms of use and privacy policy of such site, the contents of which you should review. The presence of a link to a third party site does not constitute or imply PXG's approval, sponsorship or recommendation of the third party or the content, products or services contained on or available from this Site.

10. Amendments/Termination by PXG

PXG reserves the right, in its sole discretion, to modify, suspend, or terminate the Site or any portion of the Site, and your use of the Site or any portion of the Site, at any time and for any reason, with or without notice. Even upon termination, you will remain bound by your obligations and disclaimers and limitations of liability under this Agreement, including your warranty and indemnity obligations. Further, PXG shall not be liable to you or to any third party for any termination of your access to the Site.

PXG may, in its sole discretion, modify the Terms of Use and Privacy Policy from time to time and will provide clear notice to you of any significant changes.

11. Dispute Resolution/Arbitration Procedures

In the event of a dispute, PXG is committed to working with you to address the issue. You must first notify PXG of any problem or dispute and give us an opportunity to resolve it amicably. This may involve you first sending a written statement explaining the nature of the problem or dispute to: email address: info@pxg.com, mail address:

Parsons Xtreme Golf, LLC
15690 N. 83rd Way
Scottsdale, Arizona 85260

Should any problem or dispute arise, you agree to negotiate in good faith with PXG, which will likely result in a resolution, but if for any reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after PXG receives your written description, you further agree to the dispute resolution provisions below.

Arbitration Procedures: You agree that the sole and exclusive forum and remedy for all disputes and claims not resolved informally and relating in any way to or arising from this Site or these Terms of Use shall be final and binding arbitration. However, if you have in any way violated or violated or threatened to violate the intellectual property rights of PXG or any third party, you acknowledge that arbitration may not be a sufficient remedy at law and that PXG and applicable third parties may seek injunctive or other appropriate relief. You and we acknowledge that this Agreement affects interstate commerce and that the Federal Arbitration Procedure Act and the Federal Arbitration Procedure Act (without regard to choice of law principles) shall apply to arbitration proceedings hereunder.

Any arbitration proceedings under this Agreement shall be conducted by the American Arbitration Association ("AAA"). For claims under $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes shall apply, and for claims over $75,000, the AAA's Commercial Arbitration Rules shall apply. The AAA rules are available at www.pxg.com or by calling 1-800-778-7879 (in the United States). When you file your claim for arbitration, we will pay all filing, administration and arbitration fees totaling less than $75,000. For claims over $75,000, the filing, administration and arbitration fees are set forth in the AAA Commercial Arbitration Rules. You and we each agree to pay all other fees, costs and expenses, including all fees for attorneys, experts and witnesses. The arbitration authority may award on an individual basis any relief that would be available in a court, including judgment or injunctive relief and attorneys' fees. Further, for claims of less than $75,000 that you have notified PXG of and negotiated in good faith prior to the commencement of arbitration as required above, if the arbitration body finds you in its favor, you will be entitled to recover reasonable attorneys' fees and costs. PXG agrees not to seek attorneys' fees in arbitration, even if such claims are permitted by applicable law, unless the claim is deemed frivolous. As a limited exception to the arbitration provisions in this Agreement, if your claim qualifies for small claims court, you and we consent to hearing in such court.

You have the right to refuse to consent to such arbitration procedures. If you do not agree to the mandatory arbitration procedures, you may opt out of the application of that portion of this Agreement by sending an email to info@pxg.com within 30 days of the communication. Any opt-out received after 30 days will be invalid and you must submit your claim to arbitration in accordance with these Terms.

To the fullest extent permitted by applicable law, no arbitration proceeding or other claim under this Agreement may be consolidated with any other arbitration proceeding or claim, including any other arbitration proceeding or claim involving current or former users of this Site, and class arbitration proceedings are not permitted. If this class action waiver is deemed unenforceable, any punitive class action may be proceeded only in a court of competent jurisdiction and not before an arbitration institution.

YOU AND PXG AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIM OR DISPUTE BETWEEN US, WHETHER SUCH CLAIM IS IN ARBITRATION OR PENDING IN LITIGATION.

Any claim or proceeding related to the Site or these Terms of Use may not be brought more than one year after the cause of action arose.

12. General

Severability: If any part of the Terms of Use is held to be unenforceable by an arbitration authority or a court or other tribunal of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of the Terms of Use will remain in full force and effect.

International Visitors: PXG makes no representations or warranties about the appropriateness or legality of any content or materials on the Service in any country other than the United States, or that this Agreement complies with the laws of any other country. Those who access this Site from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws, if and to the extent local laws are applicable.

Governing Law: The Terms of Use shall be governed by the laws of the United States and the State of Arizona, without regard to any conflicts of law principles that would cause the application of the laws of any other jurisdiction.

Assignment. You may not transfer or assign this Agreement, or any of your rights hereunder, in whole or in part, without PXG's prior written consent, and any attempt to do so will be void.

Entire Agreement; No Waiver. The Terms of Use and the PXG Privacy Policy constitute the entire agreement between you and PXG with respect to use of this Site. The failure of PXG to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Contact Us. If you have any questions or concerns regarding this Site or its content, please contact us at info@pxg.com.