Terms and Conditions

These Terms and Conditions of Use (the Terms of Use) apply to the TW Golf LLC Dead Aim web site located at www.deadaimputters.com. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
TW Golf LLC dba Dead Aim reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Dead Aim grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, trademarks, logos, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to TW Golf LLC aka Dead Aim, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Trademarks “Take Dead Aim” and “Dead Aim” are specifically owned and controlled by TW Golf LLC
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without TW Golf LLC. Dead Aim’s express prior written consent.
You may use information on Dead Aim products and services purposely made available by Dead Aim for downloading from the Site, provided that you use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media and make no modifications to any such information or any additional representations or warranties relating to such documents.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions.
Dead Aim’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Dead Aim may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Dead Aim makes no commitment to update the materials on the Site with respect to such products and services.
You may not use anyone else’s Dead Aim Account Information, password or account at any time without the express permission and consent of the holder of that Dead Aim Account. Dead Aim cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Dead Aim’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Disclaimers
DEAD AIM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DEAD AIM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DEAD AIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEAD AIM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY DEAD AIM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DEAD AIM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Dead Aim reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Dead Aim be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Dead Aim has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Dead Aim is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Dead Aim’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Dead Aim, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Dead Aim, its shareholders, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Dead Aim by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Dead Aim may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Dead Aim’s rights or property, or the rights or property of visitors to or users of the Site, including Dead Aim’s customers. Dead Aim reserves the right at all times to disclose any information that Dead Aim deems necessary to comply with any applicable law, regulation, legal process or governmental request. Dead Aim also may disclose your information when Dead Aim determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Dead Aim may preserve any transmittal or communication by you with Dead Aim through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Dead Aim determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Dead Aim, its employees, users of or visitors to the Site, and the public.
You agree that Dead Aim may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Dead Aim, for which monetary damages would be inadequate, and you consent to Dead Aim obtaining any injunctive or equitable relief that Dead Aim deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Dead Aim may have at law or in equity.
You agree that Dead Aim may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Dead Aim does take any legal action against you as a result of your violation of these Terms of Use, Dead Aim will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Dead Aim. You agree that Dead Aim will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of NJ without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in NJ, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Dead Aim and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Dead Aim administers and operates the www.deadaimputters.com Site from its location in Burlington, NJ USA; other Dead Aim sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Dead Aim reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Dead Aim with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Dead Aim with respect to such use are hereby superseded and cancelled. Dead Aim will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Dead Aim’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Dead Aim of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Dead Aim and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Dead Aim provides access to Dead Aim international data and, therefore, may contain references or cross references to Dead Aim products, programs and services that are not announced in your country. Such reference does not imply that Dead Aim in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Dead Aim shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
TW GOLF, LLC dba Dead Aim, December 2012
Dead Aim Putter Company Order and Refund Policy

Dead Aim ORDER POLICY

Shipping Methods

Dead Aim ships packages using the following methods: USPS Priority, UPS Ground and Air and FedX. We are sorry, but we are not able to ship under your account number.

Shipping Timeframe

Orders are typically shipped within 2-3 business days from when the order is placed. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement. Please allow 5-7 business days for delivery. All custom orders may take an additional 3-5 business days for delivery. If you do not receive your order within this time frame please call our Customer Service Center between 9am and 5pm EST at 1-910-722-2123, or email us at orders@deadaimputters.com. We cannot make rush deliveries to PO Boxes. You can check the status of your order online 24 hours a day by going to usps.com http://www.usps.com/shipping/trackandconfirm.htm?from=home_header&page=trackandconfirm or ups.com http://wwwapps.ups.com/WebTracking/track?loc=en_US (depending on which method was used to ship your order) and entering the tracking number provided via e-mail at the time your purchased is shipped.

We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Dead Aim or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
 

USPS Express Mail guarantees that the product will be delivered with in two business days anywhere with in the domestic US after it has left our facility.

 

Orders to Canada are shipped via Priority Mail International. Canadian customers are responsible for all import duties and taxes imposed by their country. Canadian customers should check with their local government concerning such charges.
 

 

Dead Aim RETURN POLICY

Dead Aim offers a 30-day money back guarantee! If any Dead Aim product does not improve your game, Dead Aim will exchange or refund the product purchase price for items purchased through our call center or website within 90 days of product receipt. The customer will pay for freight on all non-defective merchandise. All returns are subject to a restocking fee of $19.95.

 

If you are within the 30 day money back guarantee and would like to return your Dead Aim purchase, please use your order number as the RA# and send the product back to the below address. Please put the RA# on the outside of the box, or on the actual shipping label. We suggest that you get a tracking number for your return shipment so that you can verify that the product was returned. In order to issue the refund, we will need verification that the product was sent back (tracking number) or the actual product. If there is no tracking information to verify the return or we do not receive the returned product, we cannot issue a refund.

 

Performance Sports Brands
Attn: Dead Aim Putters
261 Niagara-Carthage Road
Suite D
Carthage, NC 28327

 

On any returns that included custom work, the price of the customization cannot be refunded.

If you choose to return your Dead Aim Putter, you MUST include a copy of your original receipt with your return, or a note that includes your invoice number, name, address, phone number, and email address. Please also let us know your reason for the return. Your account will be credited for the price of the club(s) you ordered. Once we process your return it will take 5-7 business days for the funds to show in your account, depending on your bank.

RETURN SHIPPING

UPS ground shipping will be covered by Dead Aim on warranty and defective returns only. Customers are responsible for shipping all returned merchandise back to Dead Aim. Customers are requested to appropriately pack the returned items in the original box and use adequate packing material. All returns must be shipped freight prepaid.

Dead Aim will not accept returns on items where the customer induced dings, chips, tire marks, deep scratches, unusual rusting or excessively bent shafts. Should we receive returns that are damaged as previously described, the customer will be responsible for shipping costs to return the incomplete return.

Please send your returns and correspondence to:

Dead Aim

261 Niagara-Cartharge Road
 

PAYMENT METHODS 
Credit Card 
You may pay by credit card no matter which ordering method you use (Internet or phone). At the time your order is placed, Dead Aim obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when your order ships.
The Dead Aim Store accepts Visa, MasterCard and American Express.
PLEASE NOTE:
1. We are unable to accept credit cards issued by banks outside of the United States.
2. Debit cards and check cards have daily spending limits that may substantially delay the processing of your order
 

For information about alternate payment options please review the cashier's check, wire transfer, and lease options listed in the following sections.
Credit Card Security Codes
Cashier's Check or Money Order 
The Dead Aim Putter Store accepts cashier's checks and money orders as valid forms of payment. If you wish to pay by cashier's check or money order, you may order by phone at 800-985-8170 (International Orders use 615-435-8015). The cashier's check or money order must be payable to TW Golf LLC Dead Aim and include your web order number and/or a copy of your order. Please mail your payment to:
TW Golf LLC, Dead Aim Putter Company
261 Niagara Carthage Road
Suite D
Carthage, NC 28327

Please allow 1 business day for order processing after Dead Aim receives your payment.
Wire Transfer 
The Dead Aim Store accepts bank wire transfers as a valid form of payment. If you would like to use a wire transfer to pay for your order, please follow these steps:
a. Contact the Dead Aim Store by phone at 910.722.2123 (International Orders use 910.722.2123) and place an order by phone.
b. Obtain the final dollar total of your order including tax and any applicable shipping charges from the Dead Aim Store representative.
c. Have your bank electronically transfer the total dollar amount of your order.
i. Reference your web order number with your payment and send to:
ii. Beneficiary: TW Golf LLC
iii. Bank: Wells Fargo
iv. Routing/transit (ABA) #:
v. Physical Bank Address:
vi. Account #:
vii. If your bank representative should have any questions, a Wells Fargo representative for Dead Aim’s account may be reached at xxxxxxxxxx
viii. Processing time varies among banking institutions and can be delayed. Please allow 1 business day for the processing of your wire transfer.
ix. SALES TAX 
Dead Aim Store purchases will include sales tax based on your shipping address and the sales tax rate in effect at the time your order is placed. Sales tax only applies to orders shipped in N.
x. SHIPPING OPTIONS Dead Aim Store includes standard shipping via DHL with the price of you putter (US 48 States Only). Below are the other convenient shipping options.
1. Standard Shipping: This option is available on all orders at no additional charge. Products shipped via standard service are normally delivered within five business days after shipment.
2. 2-Day Shipping: For an additional charge, we offer this expedited shipping option. Putters shipped via two-day service prior to 5:00 p.m. EST are normally delivered by 4:30 p.m. local time two business days after shipment.
3. Overnight Delivery: For an additional charge, we offer this expedited shipping option. Putters shipped prior to 5:00 p.m. EST, via overnight service are normally delivered by 3:00 p.m. local time one business day after shipment.
xi. Signature is required for delivery: Our shipments contain the finest putters in the world. If you will not be at the shipping address to accept delivery of your putter, consider shipping the item to an address where someone you trust will be available to sign for your package. Please note that we are not able to adjust the shipping address once a package has left the Dead Aim warehouse. Title and risk of loss to all putters will pass to you on delivery.
xii. Undeliverable Packages: Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, please contact us to make arrangements for reshipment.
xiii. Failed Delivery Attempts: Most of our carriers make three attempts to deliver a package. After three delivery attempts, the package will be returned to us.
xiv. ORDER PROCESSING 
The estimated shipment date on your order is based on putter availability, payment processing time, and warehouse processing time and does not include transit time. Payment processing will not begin until we receive all the information we need and full payment or a full authorization, in the case of credit cards.
xv. Orders placed on the weekend or on a holiday will begin payment processing the next business day.
xvi. Orders for in-stock items that are eligible for same-day shipping must be received before your local time of 2:00 p.m., pending payment processing. Orders placed on the weekend or on a holiday will begin payment processing the next business day. Unanticipated changes in supply can affect putter availability. Please confirm the estimated shipping lead- time at the "Review Your Order" page for the most current availability information.
xvii. Business days are Monday through Friday, excluding federal holidays.
xviii. PRICES Your total order price will include the price of the product (on the day of shipping) plus any applicable sales tax and shipping charges. Dead Aim reserves the right to change prices for products displayed at the Dead AimStore at any time.
xix. PRODUCT AVAILABILITY 
Order lead-time is the length of time it will take us to validate your credit card, assemble the right putter and package your order. Shipping time is the length of time it will take for the package to travel from our warehouse to your shipping address.
 Dead Aim makes every effort to ship your putter according to the estimated lead times provided by the Dead Aim Store at checkout. The estimated lead times are in business days (Monday through Friday) excluding Federal Reserve holidays. Lead-times will begin the following business day for orders placed and credit cleared after 2 p.m. PST. If a putter will not ship in the lead-time quoted, Dead Aim will contact you via email or phone and provide a revised shipping estimate. 

We encourage you to contact Dead Aim at 910.722.2123 (International Orders use 910.722.2123)
xx. PRODUCT WARRANTY 
All Dead Aim Putters purchased from the Dead Aim store on or after January, 2012 carry a Lifetime Warranty against defects in materials and workmanship. Dead Aim will repair or replace any putter that Dead Aim determines as defective due to materials or milling/manufacturing processes used. Please contact Dead Aim customer service to find out how to return defective product for evaluation at 800-985-8170 (international consumers use 615-435-8015). Proof of purchase will be the shipping confirmation sent via email/fax/mail or the original packing slip included with shipment of putter.
xxi. OTHER TERMS AND CONDITIONS
xxii. Dead Aim is not responsible for typographical errors.
xxiii. Dead Aim reserves the right to change the terms and conditions of sale at the Dead Aim Store at any time.
xxiv. All sales at the Dead Aim Store are governed by law without giving effect to its conflict of law provisions.
xxv. No Dead Aim employee or agent has the authority to vary any of the Dead Aim Store's policies or the terms and conditions governing any sale.
xxvi. For Purposes of the aforementioned Documents know as Terms and Agreements, TW Golf LLC and Dead Aim can be and are used interchangeably.
 

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