Terms & Conditions

Welcome to Play Softball. The tgw.com websites are collectively the Play Softball Site and each individually is a Play Softball Site. Your use of the Play Softball Site, related Play Softball services, and Play Softball products constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein (the Terms). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any Play Softball Site. Additional or separate terms may apply to your interactions with other Play Softball websites, Play Softball locations, and to your use of individual services or features available on a Play Softball Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of these Terms will govern. References to Play Softball, NTE, "our," "we," or "us" shall refer to Play Softball and their affiliates, subsidiaries, agents, and designees. References to you, or your shall refer to any user accessing viewing, or otherwise interacting with any Play Softball Site(s). We may make changes to any Play Softball Site and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the Play Softball Site.

Use of the Play Softball Site

You may use the Play Softball Site for your personal, non-commercial use only. You may not use any Play Softball Site if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Play Softball Site only with the supervision or involvement of a parent or guardian.

Information on Our Site

We try to be as accurate as possible with the information we present on the Play Softball Site. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Product prices offered on the Play Softball Site may vary from other advertised prices due to varying conditions in different geographic markets. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. The prices displayed on the Play Softball Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping handling costs.

Paying for Your Order

Generally, we'll charge your payment method for an item when we ship the item to you or confirm its availability in store. However, we may preauthorize your order amount with your credit card, credit account, or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we'll debit your card when you place the pre-order. For special delivery items, we'll charge your payment method when you confirm a delivery time.

Order Confirmation

While we will use our best efforts to fulfill all orders, Play Softball cannot guarantee the availability of any particular product displayed on the Play Softball Site. Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to promptly notify you using the email address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order. We reserve the right to discontinue the sale of any product listed on the Play Softball Site at any time without notice.

Use License

Play Softball grants you permission to view and use the Play Softball Site and to print individual pages from the Play Softball Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from the Play Softball Site.

In addition, as a condition of your use of the Play Softball Site, you represent and warrant to Play Softball that you will not use the Play Softball Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use the Play Softball Site. Other than these Terms between you and Play Softball relating to the sale of products or services to you through the Play Softball Site, Play Softball will not enter into any agreement with you or create any obligation to you through this Play Softball Site and no attempt to create such an agreement or obligation will be effective.

Trademarks

The trademarks, service marks and logos (collectively the "Marks") used and displayed on this Site are registered and unregistered Trademarks of Play Softball and others. Nothing on this Play Softball Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Play Softball Site, without the prior written permission of the Mark owner. Play Softball aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Play Softball, or any of Play Softball's trademarked product names; the Play Softball logo or the logo of any Play Softball trademarked product names; or the other Play Softball formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this NTE Site, without prior, written permission from Play Softball. Play Softball strictly prohibits use of the Play Softball logo as part of a link to or from any site unless establishment of such a link is approved in advance by Play Softball in writing. Fair use of Play Softball's Marks requires proper acknowledgment. Other product and company names mentioned on this Play Softball Site may be the Marks of their respective owners.

Privacy

We take our commitment to protect your privacy seriously. Your use of the Play Softball Site is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.

Links to Third Party Site

This Site may contain links to sites owned or operated by parties other than Play Softball or its affiliates. Such links are provided for your reference only. Play Softball does not control outside sites and is not responsible for their content. Play Softball's inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the inclusion of the links imply that Play Softball is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

NO WARRANTIES; EXCLUSION OF LIABILITY

WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE GOLF WAREHOUSE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. THE GOLF WAREHOUSE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE NTE SITES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE THE GOLF WAREHOUSE SITES. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ANY WARRANTY ON ANY PRODUCT SOLD THROUGH AN THE GOLF WAREHOUSE SITE IS PROVIDED TO THE GOLF WAREHOUSE OR DIRECTLY TO YOU BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE GOLF WAREHOUSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY THE GOLF WAREHOUSE SITES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A THE GOLF WAREHOUSE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A THE GOLF WAREHOUSE SITE OR THE GOLF WAREHOUSE GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD. IN NO EVENT SHALL EITHER THE GOLF WAREHOUSE or PLAY SOFTBALL, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Contacting Us

If you have any questions about this agreement, please call us at 1-866-923-5050, visit our Contact page, or write us at:

Play Softball

Attn: Customer Care

P.O. Box 1000

South St. Paul, MN 55075

Although Play Softball will be able to receive communication provided through this Site (including, without limitation, service requests and other submissions) in most circumstances, Play Softball does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that internet e-mail typically is not secure.

Uploaded Content

We welcome your comments regarding this site. However, by submitting any content to Play Softball (including photos), via the Play Softball Site or otherwise, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you; and
• use of the content you supply does not violate the Terms and will not cause injury to any person or entity.
• You further agree and warrant that you shall not submit any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party; or
• that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Play Softball (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Play Softball and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at Play Softball's sole discretion. Play Softball reserves the right to change, condense or delete any content on the Play Softball Site that Play Softball deems, in its sole discretion, to violate these Terms. Play Softball does not guarantee that you will have any recourse through Play Softball to edit or delete any content you have submitted. You acknowledge that you, not Play Softball, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Play Softball, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Disputes

You agree that this agreement and your use of the Play Softball Site are governed by the laws of the State of Minnesota, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Dakota County, Minnesota, USA in all disputes (a) arising out of, relating to, or concerning the Play Softball Site and/or these Terms; (b) in which the Play Softball Site and/or these Terms present is an issue of a material fact; (c) in which the Play Softball Site and/or these Terms are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization; (d) arising out of relating to any products or services sold or distributed by Play Softball whether in store, in your home, over the phone, or online; and (e) related to Play Softball's advertising, communication, delivery, or sales practices relating to its products and services. Use of the Play Softball Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions.

Play Softball has endeavored to comply with all legal requirements known to it in creating and maintaining the Play Softball Site, but makes no representation that materials on the Play Softball Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Play Softball Site may violate any legal requirements and you agree not to access the Play Softball Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, 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 govern such use.

WITH THE PRIOR AGREEMENT OF THE GOLF WAREHOUSE or PLAY SOFTBALL, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN DAKOTA COUNTY, MINNESOTA, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

General

You agree that Play Softball may at any time and without notice change the terms, conditions and notices under which the Play Softball Site are offered; however, any change to the terms after your last usage of the Play Softball Site will not be applied retroactively.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Play Softball as a result of this agreement or your use of this Play Softball Site.

Play Softball's performance of these Terms is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Play Softball's right to comply with law enforcement requests or requirements relating to your use of the Play Softball Site or information provided to or gathered by Play Softball with respect to such use.

These Terms, the Privacy Policy, and terms of sale constitute the entire agreement between you and Play Softball with respect to the Play Softball Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Play Softball with respect to this Play Softball Site. No modification of this agreement shall be effective unless it is authored by Play Softball or its affiliates. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Play Softball in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of this Play Softball Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Play Softball in printed form.

Play Softball also may make employment information available through this Play Softball Site. Play Softball is an equal opportunity employer. Play Softball provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Play Softball's policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF THE GOLF WAREHOUSE OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Play Softball Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Play Softball Site at any time without prior notice.