Thank you for your consideration in joining the ShankMeister community. We want your business. Our Mission is to put in contact buyers and sellers of any and all golf items/equipment so as to promote our love of the game. ShankMeister runs on a lean profit margin in the hopes of increasing the sales of golf equipment between registered users. The ShankMeister view is that the more golf equipment “kept in play,” the more golf players there are in the world. Another way to say our vision is OUR SELLERS NEVER PAY COMMISSIONS – YOUR PROFIT IS YOURS TO KEEP.
Please read this User Agreement. It is designed to explain the agreement between the User and ShankMeister.
1 To become a registered user on ShankMeister, you must provide your legal and current name, address, phone number, an active email address. ShankMeister in turn will always abide by the ShankMeister Privacy Policy.
2 If a potential registered user objects to their Information being transferred or used in those ways outlined in the ShankMeister Privacy Policy, ShankMeister asks potential registered to please not agree to our services.
3 All registered users will need a username and password to use the ShankMeister services but not to search and explore the ShankMeister website. All registered users are solely responsible for maintaining the security of your username and password as well all activity that occurs under your ShankMeister account. You should not disclose your password to any other person.
4 If you complete the registration process, it is understood that you have accepted the terms and conditions of the User Agreement outlined herein.
5 It will be ShankMeister’s responsibility to notify all registered users of any modification(s) made to this User Agreement. Such notifications will be posted below under the heading “User Agreement Modifications” for 30 days. At the same time that such a posting is made, the User Agreement will be revised to incorporate such modification(s). It will be agreed by all registered users that a user’s continued use of the site and/or services offered by the site will constitute your acceptance of the revised User Agreement.
6 If a registered user does not agree with the modified terms of this agreement at any time, it is expected that that user will no longer continue to use the services of ShankMeister and/or will cease visiting the site.
7 ShankMeister has not listed on this User Agreement page all the policies and/or terms and conditions that ShankMeister requires its user to abide by. Instead, before agreeing to the User Agreement, ShankMeister invites its users to familiarize themselves with such policies: Privacy Policy, Return Policy, Buyer’s Protection Policy, Listing Policy, Shipping Policy, PayOut Policy. All such policies are easily locatable on the bottom of each ShankMeister webpage.
8 You may sell or purchase on ShankMeister if you are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from ShankMeister. If you do not qualify to be a registered user based on these grounds, do not use or try to use the services offered by ShankMeister. However, if you are under the age of 18, ShankMeister invites you to use site in conjunction with and under the supervision of your parents or guardians.
9 To be a registered user of ShankMeister, you must have a valid credit or debit card that we accept.
10 ShankMeister will not retain on file debit or credit card numbers from previous transactions.
11 At no time does ShankMeister provide the Buyer or Seller/Lister's debit or credit card information to a third party regardless of their role in the purchase.
12 All credit card charges are paid to ShankMeister.
13 When a Seller lists an item or items on the ShankMeister webpage for sale and/or a registered user purchases any ShankMeister offered items, ShankMeister will charge on the Seller’s debit or credit card the amount due at the time of listing an item with the intent of processing the debit or credit card transaction in order to acquire the funds. The charges will include some or all of the following costs: listing price, extra uploaded photos, featured Seller ad placements, etc. It is ShankMeister’s responsibility to clearly lay out all charges incurred by sellers upon check-out.
14 When a Buyer purchases an item, ShankMeister will obtain an authorization from the Buyer's credit or debit card for the full amount of the transaction that the buyer and seller have agreed to. The authorization remains on the Buyer's credit card until the sale is completed or the order is cancelled. Once the purchase of the item is confirmed and no claims by the buyer under the Buyer Protection Policy have been filed, it will be deemed by ShankMeister that the transaction is successfully complete and ShankMeister at that point will proceed with processing the debit or credit card transaction and payout of the authorized funds to the respective parties (seller, shipping institution, etc.). Please contact your financial institution to better understand their policies on authorization or holding of funds. In all cases, ShankMeister is not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer’s credit or debit card when the Buyer places purchases on items. And in fact, because of possible incurred bank charges, ShankMeister discourages the use of debit cards for purchasing used stuff or new golf items.
15 When an item sells and shipment of that item is confirmed through FedEx and when the Buyer’s debit or credit card transaction has been fully processed, ShankMeister will within five (5) days process the payout amount due to the seller. The form in which the payout occurs will be at the Seller’s discretion whether by check, cashier’s check, PayPal account. If there are additional handling charges incurred by ShankMeister in performing the payout in the manner that the Seller prefers, ShankMeister will deduct those handling charges from the Seller’s payout amount.
16 A seller may change their payout method at any point up to the point when ShankMeister processes the payout amount.
17 The fulfillment of confirmed orders, including delivery and shipment of used golf items, meeting in person to exchange purchased items is the responsibility of the Seller. Please remember that ShankMeister acts as a marketplace only to allow buyers and sellers to interact regarding used golf items.
18 As a courtesy, ShankMeister facilitates in person meetings between Buyers and Sellers by ShankMeister’s “Public Golf Course Locator.” ShankMeister encourages that such in-person meetings happen in the public domain and within operating hours of the public domains. ShankMeister NEVER INTENDS to indicate that it is always safe to meet a Buyer or Seller in person. ALL BUYERS AND SELLERS must use their own judgment in determining whether an in-person exchange of equipment or items sold is the best option for them.
19 ShankMeister will not accept any request from a Seller or Buyer to sell or buy used or new golf items on ShankMeister before that Seller or Buyer has accepted the User Agreement and completed the registration process.
20 A registered user who wants to sell used or new stuff may list the used or new stuff in the ShankMeister marketplace. As part of the listing process, ShankMeister may indicate or suggest to the Seller a listing price. At that time, the Seller will have to assign a marketplace price to the used or new stuff. ShankMeister’s suggested listing price is meant to be helpful to the seller in setting a competitive price for the used or new golf item. ShankMeister in no way is responsible or sets out to guarantees such marketplace price.
21 A registered user who lists an item to sell will need to provide information such as the category the item belongs under, the brand of the item, the model, and any specific details (right or left hand, scratches, chips, etc.).
22 Once a Seller confirms a purchase of a used or new golf item from a Buyer, the Seller is responsible for immediately fulfilling the order with the exact used or new golf items that the Seller represented was listed for sale. This fulfillment of the order may include shipping the item, arranging a meeting place at a public location during business hours, or any other arrangement agreed to between Seller and Buyer. Any Seller who confirms a purchase yet does not fulfill the delivery of such purchased item may lose selling or buying privileges on ShankMeister.
23 ShankMeister is not responsible for any errors made by the Seller in the listing or pricing of used or new golf items and will not be held liable for any such errors or misrepresentations on behalf of the seller.
24 To purchase used or new golf items, a Buyer first browses the ShankMeister listings. When the Buyer finds a desirable used or new golf item and that same Buyer proceeds to check-out with the desired item in their shopping cart that Buyer may be subjected to either the full price of the cancelled purchase or a cancellation handling fee, whichever amount is greater.
25 ShankMeister marketplace transactions are deemed complete and purchase proceeds are released to the Seller when any of the following have been satisfied. 1) Five (5) days after tracking number confirmation of delivery. 2) Both Buyer and Seller confirm through the ShankMeister website that they have completed a satisfactory purchase and delivery of said purchase. 3) A Buyer purchased a used or new item, no shipping preferences were set, and 45 days have passed since the date of purchase and no claim has been filed by the Buyer under the Buyer’s Protection Policy.
26 Except as expressly stated otherwise by ShankMeister to a registered user, all notices to such a registered user shall be sent to the e-mail address provided during the registration process. Such notice shall be deemed given one business day after the e-mail is sent.
27 Except as expressly stated otherwise, all notices to ShankMeister shall be sent to the e-mail addresses found through the Contact Us Form. The ShankMeister street address is 19509 Ventura Blvd. Tarzana, California. 91356.
28 ShankMeister will send all sellers a Purchase Notification once a Buyer’s debit or credit card authorization has been approved for the amount of purchase. ShankMeister’s first Purchase Notification will be sent to the Seller via email. In addition, the ShankMeister website will alert the Seller of such Purchase Notification via the Sellers online account. A Seller has three days to confirm that the used or new golf item is still available for purchase and that said Seller will fulfill the delivery request of such items. In those instances where a Seller is unresponsive to a Buyer’s request and said Buyer elects to cancel the order, there will be no charge to the potential Buyer and the Buyer’s authorization amount will be cancelled and/or refunded.
29 If a Seller confirms the purchase within three days via those steps outlined in the Purchase Notification but the Seller cannot ship the used or new golf items immediately upon confirming an order, the Seller must, when confirming the order, provide the date the Seller expects to be able to ship the used or new golf items to the Buyer.
30 If the expected ship date changes, it is the Seller's responsibility to contact ShankMeister in advance and provide a new expected ship date.
31 If the Seller does not ship the used or new golf items on or before the expected ship date and a new ship date was not provided in advance to ShankMeister, ShankMeister reserves the right to cancel the order at any time. Such lack of responsibility could result in a Seller being restricted from ShankMeister.
32 As a Buyer or Seller in the ShankMeister marketplace, you grant ShankMeister permission to charge your debit or credit card for the charges you agree of which are itemized in your shopping cart upon check-out. If a Buyer or Seller at any time engages in fraudulent, counterfeit or any form of deceitful representation, ShankMeister will seek reimbursement to satisfy any costs incurred in the discovery of such illegal activity.
33 A registered user of ShankMeister will grant ShankMeister a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on ShankMeister any content the register user provides to ShankMeister in connection with their use of ShankMeister.
34 A registered user acknowledges and agrees that (i) ShankMeister patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") are and shall remain ShankMeister’s sole property, and (ii) nothing in this agreement shall confer in a registered user any right of ownership or license rights in ShankMeister’s Intellectual Property. In addition, you shall not now or in the future contest the validity of ShankMeister's Intellectual Property.
35 ShankMeister’s Copyright (c) of 2010 must be acknowledged by all registered users. ShankMeister software and the website, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of ShankMeister or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of ShankMeister and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on ShankMeister is strictly prohibited.
36 A register user agrees that ShankMeister shall be permitted to use usernames, a registered user’s home city and other ancillary information (for example, the number of years you have been a ShankMeister user) in connection with the content in conjunction with ShankMeister's marketing, promotion and publicity efforts in any media known now or in the future.
37 ShankMeister acts as a marketplace only to allow buyers and sellers to interact regarding used or new golf items, locations of public golf courses and any comments regarding the content of such used or new golf items or location of public golf courses.
38 Sellers in the ShankMeister marketplace agree not to place any personal information (including, but not limited to, addresses, phone numbers, or email addresses) in the Seller Comments area any used or new golf item.
39 A registered user of ShankMeister agrees not to use abusive language or behave in an abusive manner to any ShankMeister employee, registered user or representative of a registered user
40 A registered user agrees not to list, sell or buy any adult materials, obscene materials or pornographic materials through the ShankMeister site, directly or indirectly.
41 A registered user agrees not to use ShankMeister for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of ShankMeister and the selling and buying of used or new golf items.
42 A registered user agrees not to use or permit anyone to use information provided through ShankMeister for any unlawful or unauthorized purpose.
43 A registered user agrees that they will not be registering under a false name or use an invalid or unauthorized credit card.
44 A registered user agrees not to copy, modify, or distribute any content from ShankMeister, including ShankMeister's copyrights and trademarks, and/or link to the ShankMeister website without ShankMeister’s prior written permission.
45 ShankMeister discourages any seller from double posting their used or new golf items. If a register user feels it to be a necessity to double post their new or used golf items on another online marketplace, although ShankMeister discourages such activity, it would be ShankMeister’s request that such seller be responsive to Purchase Notifications sent by ShankMeister and/or notify ShankMeister of the selling status of the used or new golf items listed on ShankMeister.
46 ShankMeister strictly forbids the sale of stolen property on the ShankMeister marketplace. ShankMeister strongly supports law enforcement efforts to recover stolen property that is listed on ShankMeister, and urges the prosecution of those responsible for knowingly attempting to sell such items on ShankMeister. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
47 A registered user agrees that the Buyer’s name and address information is strictly provided to Sellers for the sole purpose of shipping the specific purchased used or new golf items. A Buyer’s name and address may not be used by the Seller for any purpose other than facilitating the delivery of a Buyer’s purchased items.
48 A Seller agrees not to include in any shipment to the Buyer any promotional or other commercial material that is not provided or approved by ShankMeister. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than ShankMeister, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material.
49 ShankMeister may investigate complaints and violations of our policies. All registered users agree to cooperate fully with such investigations, including without limitation, providing ShankMeister specific information regarding a registered user’s acquisition of any used or new golf item,
50 ShankMeister may take any action that it deems appropriate in the interest of upholding ShankMeister Mission Statement (including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending you edit a listing) if: (a) a registered user breaches this Agreement or any document it incorporates by reference; (b) a registered user is unwilling to cooperate with our investigation of a complaint or reported violation; (c) ShankMeister is unable to verify or authenticate any information such registered user provides; or (d) ShankMeister believes such registered user’s conduct may cause legal liability for the registered user, for other users, or for ShankMeister. Any registered user agrees that payments owing to such registered user for sales made through the ShankMeister marketplace may be suspended or delayed pending ShankMeister’s investigation. ShankMeister is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.
51 A registered user agrees that ShankMeister may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. ShankMeister will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
52 For all used or new golf items a Seller lists, such Seller warrants that their descriptions of the used or new golf items are accurately detailed and describe the used or new golf items for sale. If the Seller, at any time, delivers invalid, fraudulent, or misrepresented used or new golf items, ShankMeister reserves the right to cancel the order, return the used or new golf items to the Seller, and hold the Seller liable for any and all charges ShankMeister incurs to satisfy the Buyer under the terms of ShankMeister’s Buyer Protection Policy. These charges may include, but are not limited to, cost of replacement of used or new golf items, coupons, and gift certificates, reprinting fees, FedEx rerouting charges, and refunds to the Buyer.
53 A registered user represents and warrants that any information such registered user provides to ShankMeister, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
54 A registered user warrants that such registered user will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of ShankMeister and selling value of the used or new golf items. ShankMeister does not monitor, obtain, nor have any knowledge of the face value of used or new golf items listed on ShankMeister.
55 All registered users agree to indemnify and hold ShankMeister harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by ShankMeister that arise out of any claim asserted by a third party that involves, relates to or concerns any of registered user actions or omissions on ShankMeister, including but not limited to your breach of this User Agreement, or your violation of any law or the rights of a third party.
56 With regard to the express warranties stated in this User Agreement, ShankMeister provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. ShankMeister makes no warranty with respect to its software, any used stuff, any event, the services ShankMeister provides, or that Sellers or Buyers will perform as promised, and ShankMeister expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and a registered user may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
57 A registered user agrees that ShankMeister is waived from any consequential damages or liability limit. ShankMeister expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services or the site, or the suspension, termination or malfunction of the services or the site. ShankMeister's liability to a registered user or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all used or new golf items a registered user bought and/or sold via ShankMeister in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
58 A registered user acknowledges and agrees that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
59 A registered user agrees that ShankMeister is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on a registered user’s behalf. A registered user shall indemnify and hold ShankMeister harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by ShankMeister that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of ShankMeister.
60 ShankMeister reserves the right at any time to modify or discontinue, temporarily or permanently, the ShankMeister website or any part of the website with or without notice. A registered user agrees that ShankMeister shall not be liable to that registered user or any third party for any modification, suspension or discontinuance of ShankMeister or any services under this User Agreement, for any reason. ShankMeister does not guarantee continuous, uninterrupted or secure access to our service, and operation of our website may be interfered with by numerous factors outside of our control. ShankMeister is never, for any reason, responsible for used or new golf items listed in the ShankMeister marketplace that do not sell, including used and new golf items that remain unsold during a site outage.
61 ShankMeister will perform regular maintenance of the ShankMeister marketplace. This regular maintenance will cause the website to be periodically unavailable from time to time. When a Seller lists used or new golf items for sale on the site, the listing may have to be approved, which may take up to 24 hours.
62 ShankMeister owns the intellectual property rights to our Site and Service.
63 All registered users, individually or as a collective whole, and ShankMeister are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement.
64 Governing Law; Arbitration. This User Agreement shall be governed by and interpreted in accordance with the laws of the State of California, U.S.A., without regard to its provisions governing conflicts of law. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, ShankMeister and each of its registered users agree that any dispute or controversy between ShankMeister and each such registered user, or arising under or concerning performance or breach of this User Agreement, shall be settled by one arbitrator in binding arbitration, to be held in Los Angeles, California, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. If ShankMeister alleges that such a registered user has infringed or threatened to infringe ShankMeister’s intellectual property rights, then, in addition to any other rights and remedies ShankMeister may have, ShankMeister may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, a registered user consents to the exclusive personal jurisdiction and venue of the federal and state courts in and for the city of Los Angeles in Los Angeles County, U.S.A.
65 If any registered user who resides outside of the United States arranges for the exchange of a purchase item to such a location outside of the United States, it is the individual who resides outside of the Unites States to be responsible for actual tariffs and duties as required by the country laws in which they reside.
66 This User Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this User Agreement. If any provision of this User Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this User Agreement shall not be affected. You may not assign or transfer this User Agreement, or any of its rights or obligations, without the prior written consent of ShankMeister, which ShankMeister can refuse in our sole discretion. Nothing in this User Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns.
USER AGREEMENT MODIFICATIONS AND DATES THEREOF:
