These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Subject to the arbitration agreement in Section 11, any dispute not resolved through arbitration shall be brought exclusively in the state or federal courts located in San Diego County, California. You consent to the personal jurisdiction of those courts.

These Terms apply to all purchases made through exo-golf.com by customers located in the United States.

In compliance with California's Honest Pricing Law (SB 478), all prices displayed on exo-golf.com reflect the full price of the product. No mandatory fees are hidden or added at checkout beyond the following:

No other mandatory charges will be applied. Any promotional free shipping offers will be clearly stated at the time of purchase.

All orders are subject to acceptance and product availability. We reserve the right to cancel any order at our discretion, in which case you will receive a full refund.

Pre-orders

When you place a pre-order, full payment is collected at the time of purchase. This payment contributes directly to manufacturing, inventory, and logistics. Estimated ship dates are provided in good faith and are subject to change. We will notify you promptly of any material delay.

Pre-order cancellations

We ship within the United States from our fulfilment warehouse. Estimated delivery times are provided at checkout and are not guaranteed.

Risk of loss and title to products passes to you upon confirmed delivery to the address provided in your order. If a carrier confirms a package as lost in transit, we will arrange a replacement or full refund at our discretion.

We are not responsible for delays caused by carriers, customs, weather events, or circumstances beyond our reasonable control. Incorrect or incomplete shipping addresses provided by the customer are not our liability.

Our full return and refund terms are set out in our Return Policy and Fit Guarantee, which forms part of these Terms of Service. In summary:

We make every effort to accurately describe our products. Performance data referenced on our website, including FlightScope launch monitor results, reflects outcomes from controlled testing conditions. Individual results will vary based on swing, grip technique, glove fit, and other factors.

Product images are representative. Colourways may vary slightly from screen to screen due to display calibration. Zyntech nanotechnology is licensed to MSND USA LLC for use in EXO Golf products.

The EXO Golf name, logo, branding, website content, and product descriptions are the property of MSND USA LLC or its licensors and are protected by applicable US and international intellectual property laws.

The Zyntech nanotechnology referenced in our product is proprietary technology licensed to MSND USA LLC. All rights in that technology are reserved by the respective rights holder.

You may not reproduce, distribute, modify, or create derivative works from any content on this site without our prior written consent. Unauthorised use may violate copyright, trademark, and other applicable laws.

Your use of our site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy sets out in full how we collect, use, and share your personal information in compliance with the CCPA as amended by the CPRA.

We do not sell your personal information. We share behavioural data with Meta and TikTok for advertising purposes, which constitutes "sharing" under California law. You may opt out at any time by contacting us at hello@exo-golf.com or using the "Do Not Sell or Share My Personal Information" link in our website footer.

We may use automated technology to provide personalised product recommendations. You have the right to request information about the logic used in any such automated decision-making that materially affects you.

To the fullest extent permitted by applicable law, EXO Golf products and services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding merchantability, fitness for a particular purpose, or non-infringement, except as expressly stated in our Limited Manufacturing Warranty.

Nothing in this section limits any statutory rights you may have under California or US federal consumer protection law that cannot be waived by contract.

To the maximum extent permitted by law, MSND USA LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our products or website, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising from a purchase shall not exceed the amount you paid for the product giving rise to that claim.

Some states do not allow the exclusion or limitation of certain damages, so the above limitation may not apply to you in full.

You and MSND USA LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the purchase of our products shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

Arbitration shall take place in San Diego County, California, or by remote hearing if you prefer. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver:

You and MSND USA LLC agree that any dispute resolution proceedings will be conducted only on an individual basis, and not in any class, consolidated, or representative action. You waive your right to participate as a class representative or class member in any class-wide arbitration or lawsuit.

This arbitration agreement does not apply to claims that may be brought in small claims court, or to claims by either party seeking injunctive or equitable relief to protect intellectual property rights.

We may update these Terms from time to time. When we do, we will revise the date at the top of this page. If changes are material, we will notify you by email or by placing a prominent notice on our website prior to the changes taking effect.

Your continued use of exo-golf.com after any changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using our site and services.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and MSND USA LLC with respect to your use of our site and purchase of our products.