Terms & Conditions

The following are the terms of use that govern consumers’ use of the epnygolf.com Website (the “Site”). Retailers are subject to different terms o use. You represent that you are: (i) at least 18 years of age; and (ii) of legal age to enter into a binding contract as determined by the laws of the State in which you reside. Your use of the Site constitutes your agreement to these terms.

EP NY (“EP NY”), reserves the right to revise these terms and conditions. We will post any changes here as they are made. Because your use of the Site following any changes constitutes your agreement to be bound by any changes, you may wish to check this section periodically.

SITE CONTENT

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed byEP NY. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned or licensed by EP NY. All other EP NY trademarks appearing on this Site are trademarks of EP NY or its licensors.

The Contents of the Site, and the Site as a whole, are solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site only for your personal use. No right, title or interest in any downloaded materials or software is given to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

PRODUCT INFORMATION

EP NY products displayed on the Site are available in select stores in the United States and select markets outside the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in all stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States for purchases made through the Site.

PRODUCT DESCRIPTIONS

EP NY strives to provide accurate descriptions of Products displayed on the Site. EP NY does not, however, warrant that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Site is not as described, your sole remedy is to return the item for a refund of the purchase price plus tax and related delivery costs.

COLORS

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. Because the actual colors you see will depend on your computer and monitor, we cannot guarantee that your computer and monitor’s display of any color will be accurate.

PRODUCT PROTECTION

No rights in any design aspect of, or incorporated in, any Products shall pass to you except as an integral part of the Products themselves. You agree that you will not copy or reproduce, or cause to be copied or reproduced, directly or indirectly, any Products (including fabrics and materials used in connection with the Products); construction or fabrication of the Products; packaging for the Products; or print designs incorporated in the Products.

The restrictions set forth in this provision shall apply whether or not such Products, packaging and/or print designs are protected or protectable under copyright, patent or trademark law.

In the case of Products, or portions thereof, that are not protected by law (e.g., copyright, patent or trademark), such restrictions shall apply until three years following your last use of the Site.

This Product Protection provision shall survive termination of this Agreement.

COMMENTS AND SUBMISSIONS

Your offering or submitting to EP NY comments, feedback, suggestions, ideas, and other material (collectively, “Comments”), shall constitute your assignment to EP NY of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. EP NY is under no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments.

You agree that Comments offered or submitted by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments offered or submitted by you will not be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

GIFT WITH PURCHASE 

Offer valid through 11/20/24 at 11:59pm PST.  Gift applied directly to your cart.  While supplies last. Color and pattern may differ based on your selected size.

PRIVACY POLICY

You agree that EP NY may use and/or disclose information consistent with our Privacy Policy.

INDEMNIFICATION

You agree to defend, indemnify and hold EP NY harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Links to other web sites

To the extent that this Site contains links to services and resources not within EP NY’s control (“Third-Party Sources”), any claims or concerns regarding any Third-Party Sources, or any link thereto, should be directed to the particular Third-Party Source. You agree that EP NY shall not be liable to you for your use of any Third-Party Sources.

DISCLAIMER

IN NO EVENT SHALL EP NY OR ANY OF ITS AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF EP NY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INACCURACY DISCLAIMER

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

MISCELLANEOUS

Unless otherwise specified and except to the extent EP NY products are offered for sale in the United States through this Site, this Site and its Contents are displayed solely for the purpose of promoting EP NY’s products available in the United States and select markets outside the United States. This Site is controlled and operated by EP NY from its offices in Manhattan, New York.

CHOICE OF LAW, VENUE AND DISPUTE RESOLUTION

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement, including disputes relating to Products purchased through the Site, shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York, county of New York, solely between you and EP NY, and not on any representative or class basis. Further, unless you and EP NY agree otherwise, the court shall not consolidate your claim with any other person’s claim, and shall not otherwise order or permit any form of a representative or class proceeding. This provision shall survive termination of this Agreement.

TERMINATION

This Agreement is effective unless and until terminated by either you or EP NY. You may terminate this Agreement at any time after which time you agree that you shall not access the Site. EP NY may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site.

ENTIRE AGREEMENT

These Terms constitute the entire agreement of between you and EP NY regarding the specific matters herein. All prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms.

SEVERABILITY

If any provision of these Terms are declared to be unenforceable by a court of competent jurisdiction, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such unenforceable provision(s) shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

Mobile Terms & Conditions 

EP NY offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message (the "Service") on 1-833-705-2977. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy. 

Signing Up and Opting-In to the Service 

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. EP NY reserves the right to stop offering the Service at any time with or without notice. EP NY also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. 

By opting into the Service, you: 

1. Authorize EP NY to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). 
2. Acknowledge that you do not have to agree to receive messages as a condition of purchase. 
3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. 
4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 833-993-5473. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails. 

Content You May Receive 

Once you affirm your choice to opt-in to the Service on 1-833-705-2977, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:

1. Sale promotions
2. Event information
3. Product launch announcements
4. Cart reminders
5. Back in stock alerts
6. Price drop alerts
7. Low inventory alerts

Charges and Carriers  

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 

 Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. EP NY may add or remove any wireless carrier from the Service at any time without notice. EP NY and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

To Stop the Service 

To stop receiving text messages from EP NY, text the word STOP to 1-833-705-2977 any time or reply STOP to any of the text messages you have received from EP NY. This is the exclusive method for opting out. After texting STOP to 1-833-705-2977, you will receive one additional message confirming that your request has been processed. 

Questions 

You can text HELP for help at any time to 1-833-705-2977. This will provide you with a phone number to customer service (833-993-5473). You can also contact us at EP NY, 437 Fifth Avenue, 9th Floor, New York, NY, 10016, if necessary.

 Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

Veterans Day Sale

*10% of all sales (not to exceed $10,000) from Veterans Day Sale will be donated to the SEAL Legacy Foundation.