TAYLORMADE - ADIDAS GOLF COMPANY

Legal

Terms and Condition of Website Usage Agreement

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.comwww.tmag.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.

Intellectual Property

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.

View Patents List

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 divison 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. adidas, the Golf Flag Logo, the 3-Bars logo, 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.

Prohibited Activities

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 or intentionally 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 transmitted to or via a TMaG Website; (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).

Content Restrictions

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.

Unlawful Behavior

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.

Disruptive Behavior

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.

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 APPLICABLE LAWS. 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, NEGLIGENCE 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. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE

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.

Privacy

We realize that consumers are concerned about how the information they provide online will be used. Please read our Privacy Policy for more details.

Intended for Users Over 13

The TMaG Websites are intended for use by individuals of at least 13 years of age or older. The TMaG Websites are not directed for use by children under the age of 13. Users under the age of 13 must get the assistance of a parent or guardian to use the Website. Please refer to our Your Privacy Rights for more information. TMaG does provide products for children, but it sells them to adults only.

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.

Your Privacy Rights

Effective January 9, 2014

Thank you for visiting the Privacy Policy of Taylor Made Golf Company, Inc. d/b/a TaylorMade-adidas Golf Company ("TMaG"). TMaG values your privacy, and wants you to feel comfortable and secure using any of our websites, including: www.taylormadegolf.com, www.adamsgolf.com, www.adidasgolf.com, www.ashworthgolf.com, www.tmag.com, www.tmag.biz, all other TMaG websites, and any TMaG mobile or other applications or apps (the "TMaG Websites"). This Privacy Policy describes our policy with regard to online privacy and explains how you can opt out of certain uses and disclosures of your personal information.  As a courtesy, this Privacy Policy also provides a number of useful links to third party information regarding privacy protection. However, TMaG does not assume any responsibility for the accuracy and/or completeness of such third party information.

Your Acceptance

By visiting, using, and/or registering on any of the TMaG Websites, you signify your agreement to the terms and conditions of this Privacy Policy. If you do not so agree, you should not use the TMaG Websites. Should we make any substantial changes in the way we collect and/or use any personal information we will amend this Privacy Policy, or we may email you if you have not opted out of email notifications, and your continued use of any TMaG Websites constitutes your consent to the amended Privacy Policy.

TMaG Websites

This Privacy Policy applies only to the TMaG Websites. Links within these sites could direct you to third party websites that are not owned or controlled by TMaG. TMaG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, which may employ cookies and/or collect personal information. In addition, TMaG will not and cannot censor or edit the content of any third party site. We encourage you to be aware when you leave the TMaG Websites, and to read the privacy policy of each website that you visit.

TMaG affiliates may have their own privacy policy governing websites other than the above TMaG Websites.

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

If you wish to opt-out of our use and/or disclosure of your personal information, other than as expressly covered in this Privacy Policy and/or to process any purchase orders, you will generally have the option to do so when you first submit your personal information via the TMaG Websites. Simply indicate your desire to opt-out by checking or un-checking the appropriate box. If you wish to amend or delete any personal information you have previously provided without opt-out, please send us a message at privacy@tmag.com. We will endeavor to provide a simple way to review, correct, update or remove personal information you have given us. If you wish to stop receiving a TMaG newsletter that you have previously subscribed for, please follow the "unsubscribe" instructions contained at the bottom of each newsletter.

How Do We Use Personal Information?

TMaG will never disclose your email address to a third party unless it is to select third party retailers when the email is collected via a TMaG mobile fitting application at participating fitting locations or to TMaG subsidiary companies, except as otherwise disclosed in this Privacy Policy or with your express permission.

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 - never individual - 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, showing you content we think might interest you or altering the content according to your personal preferences

·         as part of an online employment application to evaluate your qualifications only

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.

Aggregate Information

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 taken affirmative steps to subscribe. 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 privacy@tmag.com.

TaylorMade Golf Product Text Alerts

To cancel this service, text STOP to 864653
For additional information on this service, text HELP to 864653

Content to be delivered may include product information, updates on pros, contests and offers. 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.
Messaging Frequency: Up to 4 messages per month.

Supported carriers include Alltel, AT&T, Boost, Cellular South, Carolina West, Cellcom, Cinbell, Cricket, Nextel, nTelos, Sprint, T-Mobile, U.S. Cellular and Verizon Wireless.

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.

Our Cookies

Your browser software includes a feature called "cookies." If enabled, cookies may store small amounts of data on your computer about your visit to any of the TMaG Websites. However, cookies tell us nothing about you personally unless you specifically give us additional information. Cookies assist us in tracking which of our features you like best and what content you may have viewed during past visits. When you re-visit the TMaG Websites, cookies can enable us to customize our content according to your preferences. We may use cookies to:

·         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.

 

IP Addresses

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.

Web Beacons

The TMaG Websites and certain emails sent to opt-in consumers contain electronic images (called "pixels", "transparent GIF files", or "web beacons") that allow us and our advertising partners to view and access cookies. In general, any electronic image viewed as part of a web page, including an ad banner, can act as a web beacon. Web beacons are small in order not to use valuable space on the computer screen that is better used to display helpful content. In some cases these files are provided by our online management partner. These files enable our online management partner to recognize a unique cookie on your web browser, which in turn enables us to learn which advertisements bring users to our website. The cookie was placed by us or by another advertiser that works with our online management partner. We may also include web beacons in HTML-formatted newsletters containing graphics that we send to opt-in subscribers, so we may count the number of newsletters that have been opened and read. We may also use the web beacon and cookies to monitor your online behavior and interests on the TMaG Websites to tailor advertisements shown to you for goods and services. With both cookies and web beacons, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address. Our systems do not recognize browser “Do Not Track” signals, but several of our service providers who utilize these cookies and other tracking technologies on the TMaG Websites enable you to opt out of this type of advertising. For more information about third party cookies and web beacons, including information about how to opt out of these technologies, click here or click here. We also provide you with additional tools to opt out of marketing from us or certain transfers of your information. Please see the “Personal Information Maintenance & Opt-Out” section of this Privacy Policy for more information.

Computer Profiles

TMaG may also collect and accumulate other anonymous data that helps us understand and analyze the Internet experience of our visitors. For example, we may accumulate visitor data relating to referring domain names, the type of browsers used, operating system software, screen resolutions, color capabilities, browser plug-ins, language settings, cookie preferences, search engine keywords and JavaScript enablement. If you do not register on one of the TMaG Websites, none of this information is personally identifiable.

Security

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 privacy@tmag.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 privacy@tmag.com.

Notice to California Residents/Your California Privacy Rights

 

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year.  As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share their personally identifiable information with third parties for their direct marketing purposes.  To make such a request, consistently exercise your opt-out choice whenever you provide personally identifiable information to us or send us an email at privacy@tmag.com.  You must use the website address for this website as the subject line, and include your full name, e-mail address, and postal address in your message.

 

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 adheres to the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement, and is registered with the U.S. Department of Commerce's Safe Harbor Program.

Any questions or concerns regarding the use or disclosure of your information should be directed to TMaG by calling us at 760-918-6000 or sending us an email at privacy@tmag.com. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of your information in accordance with this Privacy Policy. For complaints that cannot be resolved, we have agreed to participate in the dispute resolution procedures of the American Arbitration Association pursuant to the U.S.-EU Safe Harbor and the U.S.-Swiss Safe Harbor Privacy Principles. For clarity, this "European Union and Swiss Residents" section of this Privacy Policy applies only to residents of the EU and Switzerland.

Contact Information

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
USA
Phone: +1 760-918-6000
Fax: +1 760-918-6008