Terms & Conditions
Welcome to TrueYmpact.com, official home of the TrueYmpact swing trainer!
True Ympact LLC ("True Ympact," "we," "our," or "us"), a North Carolina Limited Liability Company, owns and operates the True Ympact website ("trueympact.com" or "Site").
The terms and conditions ("Terms") that appear below constitute a contract between you and True Ympact and govern the use of this Site and transactions between you and us.
By accessing, viewing, or using the material on this site, you acknowledge having read and understood these Terms.
Any omissions in this section do not permit any individual or entity to intentionally participate in any online activity that is illegal or intentionally damaging to TrueYmpact.com, its customers, or its business relationships. If you do not wish to be bound by these Terms, do not use the Site and do not order products through the Site.
Copyright
All content included on this Site, such as graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property, our suppliers and/or other content providers and is protected by the United States and International Copyright Laws. The compilation of all content on the Site is our exclusive property and is protected by United States and International Copyright Laws.
You may not copy, download, publish, modify, transmit, reproduce, create new works from, distribute, sell, loan, nor in anyway exploit any of the material contained on this site in whole or in part without the express authorization of TrueYmpact.com.
Trademark
Marks indicated on our Site are registered trademarks or service marks of True Ympact or our affiliates and/or subsidiaries, in the United States and other countries.
The True Ympact graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks or trade dress of True Ympact or our affiliates and subsidiaries.
Our trademarks, service marks, and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
All other trademarks that appear on the Site re the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us, our affiliates or our subsidiaries.
Every attempt has been made to identify all trademarks on the website, including the mark associated with the TrueYmpact brand. No use of the TrueYmpact name or logo in any form is permissible without the written permission of TrueYmpact, LLC.
Terms of Purchase
Product Prices may vary.
Maunufacturer's Retail Price is stated at the Site.
We reserve the right to modify price, shipping and handling and other charges at any time.
Product Availability, Delivery and Transfer of Title
If we are unable to deliver a product to you due to insufficient inventory, we will notify you, and you may have the availablility of two options to choose from.
1) Request that the product be delivered when it becomes available in which case, you will only be charged for the purchase when it becomes available; or
2) Cancel and request that the product not be delivered, in which case you will not be charged.
We are not responsible for, and disclaim any responsibiltiy for any damage you may suffer due to unavailability of a product you ordered.
We will deliver the products you ordered upon receipt of full payment for the purchase. The products will be delivered to the address you provided at the time of the order. We will make our best efforts to deliver the products in a safe and timely fashion, however we are not responsible for, and disclaim any responsibility for events beyond our control including, and without limitation, acts of God, transportation, mechanical or other system failures or interruptions, weather conditions, strikes or other business interruptions, or acts of public authorities, including customs and health officials, that prevent or delay shipment.
Delivery of product is subject to the rules of the shipping carrier used by us, in particular, those covering signature acknowledging receipt of product. If you are absent from the delivery point designated by you at the time of delivery, it is your responsibility to recover the products according to the rules of the shipping company that is attempting to make delivery to you.
Warranties
Our True Ympact Swing Trainer comes with a thirty (30) day unconditional satisfaction guarantee and a ninety (90) day manufacturer's limited express warranty for manufacturer's defects.
Warranty documentation is provided with the product in the product brochure and it can also be found at the Site. We make no express warranties except those stated in the warranty statement in effect on the date of purchase.
Limitation of Liability and Disclaimer of Warranties
We expressly discliam all warranties either expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose to the fullest extent of the law, provided, however, that this disclaimer does not affect the terms of the manufacturer's limited express warranty as set forth below.
We will not be liable beyond the remedies set forth herein, including any liability for unavailablility of product or provision of services and support. We are not liable for lost profits, loss of business, personal injury or other consequential, special, indirect, or punitive damages even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. You agree that for any liability related to the purchase of our product, our liability, if any, shall be limited to the dollar amount you paid for the purchase of the product from us.
There is no warranty, express or implied, on products that have been sold to a third party after the original purchase.
Consumer Warnings
All sports, fitness, and outdoor activities can be fun and fulfilling, but they also have certain risks associated with them.
At True Ympact, we want you to enjoy your True Ympact swing trainer, however, we also want you to use your product safely, and therefore, before using the product, make sure that you consult with your physician to confirm that you are in good physical condition, and you are able to safely participate in the game of golf.
THE TRUE YMPACT SWING TRAINER IS NOT A TOY.
It has NOT been designed for use by children or small adults.
If your forearm is not long enough to use comfortably, the swing trainer is inappropriate for you.
Once the swing trainer is attached to your forearm with the two straps, you should not experience any binding of the skin or discomfort when bending at the elbow or wrist.
Make sure the straps are not too loose and yet not too tight to cut off blood circulation.
Proper fitting is essential not only for comfort, but it also allows the devise to function smoothly to guide your golf swing correctly.
Always ensure that all golf clubs are properly secured in the lower support bar with the elastic cord before swinging.
Please seek the assistance of your local golf professional on the proper manner to use the True Ympact swing trainer.
Golf is a physical sport, so before you attempt to use this product we suggest that you stretch and warm up by hitting some golf balls to get loose and develop confidence.
If you are a beginning golfer, or feel hesitant at the beginning of a new golf season, you should consult your golf professional for proper fundamentals such as proper posture, grip, alignment and correct ball positions for various shots.
DISCONTINUE USE IMMEDIATELY AND CONTACT YOUR PHYSICIAN IF YOU FEEL UNCOMFORTABLE, LIGHT HEADED, DIZZINESS, SHORTNESS OF BREATH, STIFFNESS, OR SKIN IRRITATION WHILE USING THE SWING TRAINER.
DO NOT USE IF YOU HAVE ANY REDNESS, ITCHING, RASHES, SURGICAL SCARS, STITCHES, OR OTHER SKIN CONDITIONS ON YOUR FOREARM, AS THIS DEVISE MAY IRRITATE SUCH CONDITIONS.
Proper Method Of Use
The True Ympact swing trainer DOES NOT CONFORM TO THE U.S.G.A. STANDARDS for use when playing a round of golf.
It is a training aid and should be used for practice only.
It is NOT meant for continuous use.
Do not use this swing trainer for more that ten (10) swings at a time.
Start your practice while wearing the swing trainer without hitting any golf balls.
You should resume hitting 10 golf balls while wearing the swing trainer and then return to practice without it.
True Ympact will retain the feel for your swing after removing the devise.
This devise was engineered to assist golfers by instilling "motion memory".
When using, please make sure that you have plenty of room to make a full swing with a golf club and that people, animals, or other objects are clear of your full swing and intended ball flight.
Do not forcibly hit the ground while your golf club is affixed in the True Ympact swing trainer.
While using the True Ympact training aid, always use a golf tee to hit golf balls except when putting.
Golf tees are a tremendous barometer to measure whether you are clipping the tees with every club in your bag. You will soon learn that our posture may be compromised and you will need to focus on that fundamental to become a more consistent ball striker.
True Ympact is not responsible for injuries to other people, animals, property danage, or other consequential or incidental damages caused by the improper use of the devise.
Proprietary Rights
You acknowledge and agree that our product and content contained on our Site is proprietary and is protected by copyright, trademark, service mark, patent and other intellectual property laws. Except as expressly authorized by us, you agree not to modify, sell, rent, lease, loan, distribute, or create derivative works based on our product or Site, in whole or in part.
Manufacturer's Limited Express Warranty
What Does This Warranty Cover?
Our True Ympact Swing Trainer comes with a thirty (30) day unconditional satisfaction guarantee and a ninety (90) day manufacturer's limited express warranty for manufacturer's defects.
We expressly disclaim all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose to the fullest extent of the law after the ninety (90) day express warranty period.
What Will True Ympact Do?
True Ympact will give a full refund of the purchase price of the swing trainer if it is returned for any reason during the thirty (30) day period following the purchase of the devise.
If the True Ympact swing trainer malfunctions during the ninety (90) day limited express warranty period, True Ympact LLC will repair or replace your swing trainer at no charge to you, when used as described in cooperation with our policies as listed in these terms and conditions.
True Ympact's liability under this warranty is limited to the replacement cost of the True Ympact Swing Trainer.
What Does This Warranty Not Cover?
Any damage that is caused by abuse or misuse of the product is not covered.
Also, consequential and incidental damages are not recoverable under this warranty.
How Do You Obtain Service From Us?
If the product you purchased through www.trueympact.com is defective or becomes defective, you should contact True Ympact for instructions first before returning the product. Customer service may be reached by email or telephone.
Customer Service:
email: scottgibbons@trueympact.com
Telephone: 252-902-7825
or write to: True Ympact
Attn: Customer Service
P.O.Box 30456
Greenville N.C. 27833-0456
Upon return, please allow 7 days for us to inspect your swing trainer.
We may choose to repair your original True Ympact swing trainer or replace it with a new one, in our sole discretion.
MODIFICATIONS TO MANUFACTURER'S LIMITED EXPRESS WARRANTY
Any modifications to the Manufacturer's Limited Express Warranty will be posted on this web page.
Please see the Shipping & Delivery section for additional information.
Binding Arbitration
Any claim, dispute or controversy against us, our agents, employees, successors, assigns, or affiliates arising from or relating to your use of the Site and/or purchase of our product from us, our advertising, or these Terms, their interpretation, or the breach, termination or invalidity thereof, shall be resolved exclusively and finally by binding arbitration under the Rules of the American Arbitration Association.
The arbitration will be limited solely to the dispute between you and us.
Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgement in any court of competent jurisdiction.
Reasonable attorney's fees and legal costs may be awarded by the arbitrator(s) to the prevailing party.
Governing Law And Forum
These Terms and Conditions are governed by North Carolina Law. Any action to enforce or interpret them, and any arbitration to resolve a dispute under them, shall be initiated and maintained exclusively in Pitt County, in the State of North Carolina. The parties irrevocably submit to the jurisdiction of the courts in Pitt County, North Carolina and waive all objections they otherwise may have to jurisdiction and venue.
Severability And Integration
Unless otherwise specified herein, these Terms and Conditions constitute the sole and exclusive agreement between you and us and our affiliates with respect to the Site and supercedes all prior and contemporaneous communications and proposals (whether or not electronic) between you and us with respect to us and our product.
If any portion of the Terms and Conditions is held invalid or unenforcable, that portion shall be construed in a manner consisitent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Parties In Interest
Nothing in these Terms and Conditions is intended to confer any rights or remedies under or by reason of these Terms and Conditions upon any persons other than the parties to whom these Terms and Conditions are intended.
Modifications To Terms And Conditions Of Purchase And Use
Any modifications to this warranty will be posted on this web page.
To view the TrueYmpact.com privacy policy, please click here: www.TrueYmpact.com/privacy-policy.
Links to and Transactions with Third Party Sites
TrueYmpact.com may contain links to third party web sites ("linked sites"). Although TrueYmpact, LLC carefully screens the content of the each linked site, we cannot be responsible for the content of any linked site. If you feel that any linked site is not consistent with the stated mission and purpose of TrueYmpact.com, please contact us at 252-902-7825 or Info@TrueYmpact.com immediately!
Any commercial transactions or business activities between you and third parties (including advertisers) included in the site are solely between you and the third party. TrueYmpact, LLC shall not be responsible or liable for any transactions between you and any third party company or organization.
Third-Party Web Sites Seeking to Link with TrueYmpact.com
We welcome the opportunity for appropriate websites to establish links to TrueYmpact.com. Please direct all inquiries to Info@TrueYmpact.com, being sure to provide your site’s URL, monthly traffic (unique visitors), and mission/purpose.
Under no circumstance may any website create/present any portion of their site so that it represents that site as TrueYmpact.com, implies any joint or shared ownership, or in any way damages the integrity or compromises the integrity of TrueYmpact.com or the TrueYmpact swing trainer.
Legal Advice
Nothing contained in this Site is intended as, nor shall be construed as legal advice, guidance, or interpretation.
Submissions, Postings & Testimonials
This site may contain consumer or golf professional submissions, postings, or testimonials. If you are interested in having your testimonials appear on the TrueYmpact.com website, please e-mail us at Info@TrueYmpact.com.
Changes in Terms and Conditions
The TrueYmpact.com website reserves the right to change the terms and conditions under which this site is offered, and any changes become effective immediately upon posting. You are responsible for regularly reviewing these terms and conditions, and your continued use of this site constitutes your agreement to all such terms and conditions.
