Terms and Conditions of Website Usage Agreement
Effective Date: October 22, 2016
Thank you for visiting the Terms and Conditions (the "Terms") page of Taylor Made Golf Company, Inc. d/b/a TaylorMade-adidas Golf Company ("TMaG"). Your access and use of any of our websites at taylormadegolf.com,adamsgolf.com, adidasgolf.com, ashworthgolf.com, tmagdirect.com, tmag.biz, and all other TMaG websites (the "TMaG Websites") is subject to the following terms and applicable laws. By accessing and browsing the TMaG Websites, you accept these terms without limitation or qualification, as well as such additional or amended terms and conditions as TMaG may from time to time publish. Certain services or other offerings made available on the Website may have additional terms and conditions that apply, and which can be viewed either on the pages containing such services or offerings, or via a link on those pages or other directions to the additional terms and conditions.
You must be at least 13 years old to use the TMaG Websites. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the TMaG Websites with permission from your parent or legal guardian.
The TMaG Websites are owned and operated by TMaG and/or its affiliates, and are protected by copyright under United States and international laws and treaties. All rights reserved. Copyright in such their content and the software provided are owned by or licensed to TMaG.
All rights not expressly granted herein are reserved. Materials from the Website may not be copied, distributed or transmitted in any way without the prior written consent of TMaG. No links to the Website may be created without the express written consent of TMaG. Users of the Website MAY download one copy of any and all materials on the site for personal, non-commercial use, provided they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice. No rights or licenses in any such material are granted or implied. All material on this Website is provided for lawful purposes only. Images of people or places in this Website are either the property of or used with permission by TMaG. The use or misuse of those images except as expressly authorized is prohibited. TMaG reserves complete title and full intellectual property rights in materials downloaded from the site.
We pride ourselves for innovation and quality in the design and manufacturing of TMaG products. Consequently, TMaG golf products are protected by a variety of patents and trademarks. These patents and trademarks not only recognize that innovation and distinctiveness of TMaG's intellectual property rights in its products and brands, but also afford legal protection to TMaG from infringements of these property rights. Our policy is to diligently enforce all property rights. We will work to locate and prosecute those who infringe on these rights.
In accordance with Section 287(a) of Title 35 of the United States Code, the reader is hereby placed on notice of Taylor Made Golf Company's rights in the United States Patents listed on this site and associated with the following products.
Other U.S. and Foreign patents pending.
TaylorMade Golf Company, Inc. doing business as TaylorMade - adidas Golf Company, is a member of the adidas Group. The adidas Group Golf division comprises four premium brands, TaylorMade, adidas Golf, Adams and Ashworth. TaylorMade, the Stylized T Design, Ashworth, the Golfman Logo and Adams are registered trademarks of TaylorMade Golf Company, Inc. adidas, the Golf Flag Logo, the Badge of Sport, and the 3-Stripes mark are registered trademarks of the adidas Group. All other trademarks and service marks used herein are property of their respective owners.
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to TMaG through this site is not confidential. TMaG shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the submission.
The user acknowledges the originality of any submission communicated to TMaG and accepts responsibility for its accuracy, appropriateness and legality.
You agree not to: (i) share usernames, passwords or other access credentials that allow access to protected portions of any TMaG Website by any unauthorized third party; (ii) engage in or facilitate spamming; (iii) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; (iv) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (v) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (vi) disseminate or transmit any content without the right to do so; (vii) send harassing and/or threatening messages to others; (viii) post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; (ix) engage in 'flooding', i.e., ICMP flooding and mail bombing (flooding as used herein is defined as sending large amounts of email repeatedly to the same email address).
You agree not to post, disseminate or transmit any content that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (ii) infringes or violates any party's author's right, trademark, trade secret, patent or other proprietary right, including but not limited to using third party materials protected by author's right law without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information whether or not protected as a trade secret in violation of a duty of confidentiality; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information belonging to minors.
You agree not to: (i) use the TMaG Websites for any illegal purpose, in violation of any applicable laws or regulations including but not limited to, regulations promulgated by the Securities Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (ii) publish web pages that contain links that initiate downloads of infringing or other illegal material; (iii) electronically stalk or otherwise electronically harass another; (iv) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or (v) conduct Internet raffles or contests that violate applicable laws.
As a further condition of your use of and access to the TMaG Websites, you agree not to: (i) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the TMaG Websites; (ii) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (iii) hinder the ability of others to use IRC; (iv) disrupt the normal flow on the TMaG Websites of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (v) run any program that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers or Multi-User Dungeons; (vi) interfere with, disrupt, or harm in any way the TMaG Websites or servers or networks connected to them; (vii) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (viii) use the TMaG Websites in violation of the rules of any other website providers, websites, chat rooms or the like; (ix) use the TMaG Websites to access the accounts of others without permission; (x) attempt to penetrate security measures of TMaG or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
Opinions, Views and Recommendations of Third Party Contractors
TMaG, in its sole discretion, may utilize third party contractors for various customer service functions, including without limitation interactive chats with product specialists relating to product recommendations. Opinions, views and recommendations expressed by such third parties are not necessarily the opinions, views and recommendations of TMaG, and TMaG is not responsible for any such opinions, views or recommendations made by such third parties.
Disclaimer and Limitation of Liability
BY USING THE TMAG WEBSITES, YOU EXPRESSLY AGREE THAT USE OF THE TMAG WEBSITES IS AT YOUR SOLE RISK. THE TMAG WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TMAG DOES NOT WARRANT THAT USE OF THE TMAG WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. TMAG RESERVES THE RIGHT TO CANCEL ANY ORDER FOR TMAG PRODUCTS PLACED ON THE TMAG WEBSITE AS A RESULT OF A MISTAKE OR ERROR, AS DETERMINED BY TMAG IN ITS SOLE DISCRETION. TMAG DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE TMAG WEBSITES OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE TMAG WEBSITES. TMAG SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT POSSIBLE UNDER LAW. NO VERBAL INFORMATION PROVIDED BY TMAG SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL TMAG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE TMAG WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE TMAG WEBSITES THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TMAG HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER, THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF OUR OWN NEGLIGENCE. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on the TMaG Websites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the TMaG Websites at a particular time does not imply or warrant that these products or services will be available at any time. From time to time, certain product listings on the TMaG Websites may show a product’s original price stricken through, alongside a reduced price. These products may be non-current models and may be on permanent markdown. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the TMaG Websites. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Applicability of Content
Information on this site includes description of products and services that may be available in the United States of America only. This site is operated in the State of California, United States of America, and TMaG makes no representation that the content provided is applicable or appropriate for use in other locations.
Arbitration Agreement & Waiver of Certain Rights
You and TMaG agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and TMaG hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and TMaG relating to these Terms or the TMaG Websites (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TMaG will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or TMaG from seeking action by federal, state, or local government agencies. You and TMaG also have the right to bring qualifying claims in small claims court. In addition, you and TMaG retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor TMaG may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or TMaG’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with TMaG.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TMaG WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Enforcement of Terms and Conditions
These Terms are governed and interpreted pursuant to the laws of the State of California, United States of America, without reference to its provisions concerning conflicts of law. Any and all dispute(s) concerning the validity or interpretation of these Terms, or performance hereunder, shall be brought exclusively in a court of competent jurisdiction located in the County of San Diego, State of California, which shall constitute the exclusive venue for any such dispute(s). If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. TMaG may revise these Terms at any time by updating this posting.
TMaG may terminate this agreement at any time, without notice and for any reason.
Effective Date: September 28, 2016
What Type of Personal Information Do We Collect and Use?
Whenever you register a TMaG product, send us an email, purchase products from a TMaG Website, register on one of the TMaG Websites, enter a contest, sweepstakes, or other promotion, subscribe to one of our newsletters, or otherwise transmit information via any of the TMaG Websites, TMaG may obtain and collect personally identifiable contact information (expressed herein generally as "personal information") such as your name, email address, payment information (i.e. credit card number/expiration date), and/or mailing address, subject to your ability to "opt-out" of our future use or disclosure of such information.
Personal Information Maintenance & Opt-Out
How Do We Use Personal Information?
TMaG may always use personal information in the following ways:
· to enable us to respond to you generally, or to process, validate and verify requests and/or purchase orders
· to perform any services requested by you
· to compile and/or distribute aggregate information about our website users and aggregate usage patterns
· to provide our own website designers with useful information for developing new features and services that meet your needs
· to tailor your experience on our websites and our communications with you, showing you content and sending you information we think might interest you or altering the content and our communications according to your personal preferences and interests
· as part of an online employment application to evaluate your qualifications only
· to share with government agencies, law enforcement, or with third parties if we think we are legally obligated, or to protect ourselves. For example, we will disclose information in response to subpoenas, investigative requests, and reasonable discovery requests.
If you have not "opted-out" of our use and disclosure of your personal information, TMaG may also use personal information for all marketing and survey purposes on behalf of itself and its affiliates and subsidiaries. TMaG may appoint third party agents in connection with such marketing and survey efforts. TMaG may disclose personal information to select business partners for use in connection with direct mail marketing efforts, including, without limitation, with select third party retailers when the email is collected via a TMaG mobile fitting application at participating fitting locations and with TMaG subsidiary companies.
If you have "opted-out", TMaG will use or disclose your personal information only as stated above, or: (1) when legally ordered to do so by a lawful subpoena or court order, (2) if you violate or breach an agreement with TMaG, (3) if we believe you will harm the property or rights of TMaG or those of TMaG's other customers, (4) under exigent circumstances to protect the physical safety of TMaG, its employees, users or the general public, or (5) to validate credit card numbers for charging for fee services.
TMaG may share aggregate statistical information with business partners, sponsors or other third parties. For example, we may tell an advertiser that X number of visitors visited a certain area on a website, or that Y number of men and Z number of women filled out registration forms.
Unsolicited Emails Received by You
TMaG does not send unsolicited bulk emails to anyone who has requested that we do not contact them. We send our newsletters only to those who have subscribed to receive them. If you have inadvertently received one of our newsletters, or if you simply wish to stop receiving them, please follow the "unsubscribe" instructions contained in each newsletter or send a request to be unsubscribed to firstname.lastname@example.org.
TMaG Text Message Programs
TMaG offers various text message programs from time to time. If you have consented to receive text messages from TMaG, you can opt-out of receiving future text messages at any time. Please see the terms and conditions applicable to your specific text message program to learn more, including how to opt-out of receiving future text messages. Message & Data Rates May Apply. For customer service, please contact us at 1.866.530.TMAG (8624) between 6 AM and 5 PM, Monday thru Friday
Chat Rooms and Forums
The TMaG Websites may now or in the future include chat rooms, forums, message boards, and/or news groups. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive unsolicited emails or "spam" from others. TMaG cannot safeguard the privacy of personal information that is disclosed online in this manner.
· keep count of return visits to the TMaG Websites
· accumulate and report anonymous, aggregate, statistical information on website usage
· deliver content and advertising specific to your interests or past viewing history
You can also disable cookies. By modifying your browser preferences, you can accept or reject all cookies, or request a notification when a cookie is set.
TMaG does not store or record the Internet Protocol ("IP") addresses of visitors to the TMaG Websites for marketing purposes, although we may store IP addresses in server logs for system maintenance purposes or to store the source location whenever someone provides Personal Information. An IP address is a number assigned to your computer whenever you access the Internet. An Internet Service Providers ("ISP") typically assigns a random IP addresses at the time of your dial-up. For local area network ("LAN"), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. We cannot determine your identity solely based upon your IP address. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, but these IP addresses are never associated with Internet users.
The TMaG Websites use physical, electronic and managerial security measures to protect the loss, misuse and alteration of information under our control.
· We use Secure Socket Layer ("SSL") connections with 128-bit encryption for certain transactions and confidential data. When you use a secure browser, all information you submit comes to us over the Internet in an encrypted form. Every secure page uses a digital certificate issued by a third-party certification authority. A "site certificate" sits on all secure pages. To view this certificate, click on the image of the closed lock or the solid key on the bottom bar of your browser window.
· We monitor system and application activity logs to identify any unusual activity from authorized and/or unauthorized individuals accessing our systems and/or making changes to stored information. We regularly perform preventative system maintenance and monitoring to ensure the security of our data systems.
· We maintain our servers in locked facilities with secure access. Backup tapes are retrieved daily and stored by an independent company in a secure, off-site location.
The TMaG Websites do not require you to set up a user ID and password unless you subscribe for some of our special services or create a purchasing account with us. We recommend you do not divulge your password to anyone. TMaG will never ask you for your password in an unsolicited telephone call or email.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit, and you do so at your own risk. You can report network abuse and any risk of security violations to us by emailing email@example.com.
Children's Online Privacy Protection
TMaG does not knowingly collect contact or personal information from children under 13. The TMaG Websites are not intended to solicit information of any kind from children under 13, and are designed to block our knowing acceptance of any such information. It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 13, please do so by emailing us at firstname.lastname@example.org.
Notice to California Residents/Your California Privacy Rights
European Union and Swiss Residents
If you choose to provide TMaG with your information, you consent to the transfer and storage of that information on our servers located in the United States.
TMaG and its affiliates enforce their intellectual property rights to the fullest extent of the law. If you have any questions concerning the legal notices stated above, you may contact the TMaG Legal Department:
TaylorMade-adidas Golf Company
Attn: Legal Department
5545 Fermi Court
Carlsbad, CA 92008-7324
Phone: +1 760-918-6000
Fax: +1 760-918-6008