Terms of Use
QuietStroke Terms of Use
QuietStroke may update these Terms at any time.
OVERVIEW
Welcome to QuietStroke. The terms “we”, “us” and “our” refer to New Endeavor 2, LLC, the owner and operator of the QuietStroke brand. QuietStroke operates this store and website, including all related information, content, features, tools, products and services (the “Services”) in order to provide you, the customer, with a curated shopping experience. QuietStroke is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors, scale, or appearance may vary depending on device display settings and lighting conditions.
QuietStroke products are specialized golf training devices designed to support focus, rhythm, and quiet eye training. QuietStroke is a training aid, and individual results may vary.
WE DO NOT WARRANT OR GUARANTEE ANY SPECIFIC TRAINING RESULT, PERFORMANCE IMPROVEMENT, OR OUTCOME. Failure to achieve desired results, focus, or technique mastery does not constitute a product defect.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. QuietStroke reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until payment is received and QuietStroke confirms acceptance.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order has been accepted or fulfilled. In the event we do not accept, modify, or cancel an order, we will attempt to notify you using the contact information provided at checkout.
All purchases are subject to return, replacement, or refund eligibility solely in accordance with our Returns & Refund Policy.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be reflected in your order confirmation.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services and to promptly update such information as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred will be honored by your payment provider; and (iv) you will pay all charges incurred, including applicable taxes and shipping fees.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, or events outside our control.
Once products are transferred to the carrier, title and risk of loss pass to you. Shipping damage is not considered a manufacturer defect and is governed by our Shipping Policy.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, images, graphics, videos, product designs, and the design, selection, and arrangement thereof, are owned by New Endeavor 2, LLC, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without prior written consent.
QuietStroke, the QuietStroke name, logos, product names, designs, and slogans are trademarks of New Endeavor 2, LLC. Shopify’s name and logos are trademarks of Shopify Inc. All other trademarks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to third-party tools as part of the Services. We provide access to such tools “AS IS” AND “AS AVAILABLE” without warranties, representations, or endorsements of any kind.
Any use by you of optional third-party tools is entirely at your own risk and discretion.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites or content. We are not responsible for examining or evaluating the content or accuracy of third-party materials. If you choose to access third-party websites, you do so at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
QuietStroke is powered by Shopify, which enables us to provide the Services. However, all sales and purchases made through this store are transactions between you and QuietStroke (New Endeavor 2, LLC).
YOU ACKNOWLEDGE AND AGREE THAT SHOPIFY IS NOT RESPONSIBLE FOR ANY ASPECT OF ANY TRANSACTION BETWEEN YOU AND QUIETSTROKE, INCLUDING ANY INJURY, DAMAGE, OR LOSS RESULTING FROM PURCHASED PRODUCTS OR SERVICES. YOU EXPRESSLY RELEASE SHOPIFY AND ITS AFFILIATES FROM ALL CLAIMS ARISING FROM SUCH TRANSACTIONS.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify may collect and process personal information in accordance with its own Privacy Policy.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any lawful purpose.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors and to cancel orders if information is inaccurate.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes, to violate any laws, infringe intellectual property rights, transmit malicious code, engage in fraud, impersonation, or interfere with the security or operation of the Services.
SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services at any time without notice. You remain liable for all obligations incurred prior to termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN OUR LIMITED WARRANTY, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
QUIETSTROKE DOES NOT GUARANTEE TRAINING RESULTS, PERFORMANCE IMPROVEMENT, OR ANY SPECIFIC OUTCOME. Some jurisdictions do not allow limitations on implied warranties, so these disclaimers may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEW ENDEAVOR 2, LLC, QUIETSTROKE, OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless New Endeavor 2, LLC, QuietStroke, Shopify, and their affiliates from any claims arising out of your breach of these Terms, misuse of products, or violation of law.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms and all referenced policies constitute the entire agreement between you and QuietStroke and supersede any prior agreements or communications.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which New Endeavor 2, LLC is headquartered.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update or modify these Terms at our sole discretion. Continued use of the Services constitutes acceptance of any changes.
SECTION 24 – WHOLESALE PURCHASES
Wholesale purchases are governed by separate written agreements, pricing schedules, or wholesale terms provided by QuietStroke. Wholesale accounts are subject to approval at our sole discretion.
UNLESS OTHERWISE AGREED TO IN WRITING, ALL WHOLESALE ORDERS ARE FINAL AND NON-RETURNABLE. Warranty coverage for wholesale purchases is limited to manufacturer defects as outlined in our Limited Warranty.
QuietStroke reserves the right to suspend or terminate wholesale purchasing privileges at any time.
CONTACT INFORMATION
support@quietstroke.com