Legal Terms and Conditions
Welcome to the Callaway Golf Company website (the ''Site''). Like the game of golf,this Site has certain rules that you must follow during your visit (''Rules''). Please read these Rules carefully before beginning your tour. Most of all,have fun while you discover what Callaway Golf is all about.
WHO WE ARE:
When we refer to ''Callaway Golf,'' ''we, ''our'' or ''us,'' it means Callaway Golf Company and its subsidiaries. Callaway Golf Company's headquarters are located at 2180 Rutherford Road, Carlsbad, California 92008, USA. The telephone number is (760) 931-1771. Currently, Callaway Golf has subsidiaries in the United States, Canada, Europe, Japan, Korea, China, Thailand, Malaysia, India and Australia. In addition to the Callaway Golf® brand of products, Callaway Golf's brands include,among others,Odyssey® and upro®. Unless otherwise noted,these Rules apply to every website maintained by Callaway Golf Company and its corporate subsidiaries.
CHANGES TO SITE:
Callaway Golf Company reserves the right to revise these Rules at any time by updating this posting;however,any change to these Rules after your last usage of the Site will not be applied retroactively. Please check back periodically for changes. The Rules were last updated on June 27,2016. There have been no changes since that date. Your continued use of the Site following the posting of changes to these Rules will mean you accept those changes and that they apply to you.
USE OF SITE CONTENT
Callaway Golf maintains this Site and its contents for your personal information,entertainment and education. You may view and download material displayed on the Site for your personal,non-commercial use only,provided you retain all copyright,trademark and other proprietary notices contained within the materials. You may not distribute,retransmit,republish,reuse,repost,or use the contents of this Site for public or commercial purposes,without Callaway Golf's prior written permission. You may not alter or interfere with the content or functioning of the Site, or ''mirror'' any content contained on this Site on any other server. The materials at this Site are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Rules, your right to use this Site will terminate automatically.
RESTRICTED USE FOR ACCREDITED MEDIA:
Certain pages on this Site (collectively ''Restricted Pages''), whether or not password protected, are designated for the exclusive use of accredited members of the media (collectively ''Authorized Media Users''). You may not access materials nor download Site content from any of the Restricted Pages unless you are an Authorized Media User. The photographs, images, designs and other materials contained on the Restricted Pages (collectively ''Media Materials'') are provided to Authorized Media Users for non-commercial, editorial use in public media only (the ''Permitted Use''), subject to the terms and conditions set forth herein. Use of the Media Materials by any other parties or for any other purpose is strictly prohibited without the express written consent of Callaway Golf. Callaway Golf hereby grants only to Authorized Media Users a non-exclusive, revocable, limited license to use the Media Materials solely for the Permitted Use. Callaway Golf reserves all rights not expressly granted. Authorized Media Users shall not (i) remove any copyright, trademark, or patent notice from any of the Media Materials; (ii) reproduce, modify, or distribute to others, any of the Media Materials downloaded from this Site, except to carry out the provisions of the limited license granted above; (iii) sublicense or transfer the Media Materials to any third party; nor (iv) use any of the Material Materials without an appropriate acknowledgement such as ''© Callaway Golf Company. Used by permission. All rights reserved.'' Callaway Golf retains all right, title, and interest in and to the Media Materials contained on this Site, and all copies of the Media Materials, including all copyright and trademark rights therein. Use of any copyrights and/or trademarks owned by Callaway Golf inures solely to the benefit of Callaway Golf. Upon notice from Callaway Golf, Authorized Media Users shall erase all versions of the Media Materials from their computers and discontinue use of such Material Materials. The Media Materials are protected under United States copyright law and other international copyright treaties and conventions. Callaway Golf reserves the right, at any time, to withdraw permission to publish or download the Media Materials.
COMMUNICATING WITH US
Callaway Golf Company welcomes your comments. However, please do not send us any creative ideas, original materials, or suggestions relating to products or marketing plans. Any communication or material you transmit to Callaway Golf or post to the Site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary, and you hereby grant a non-exclusive license to Callaway Golf or its affiliates to use such content (including, without limitation, to modify, transmit, publish, broadcast, publicly perform, publicly display, reproduce, and distribute such content) for any purpose including, but not limited to, developing, manufacturing or marketing products, and product or service solicitations. You may not post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, harassing, abusive, obscene, vulgar, pornographic/sexually explicit, or profane material; any other material that is intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; or anything that you are under a contractual obligation to keep private or confidential. Notwithstanding the foregoing, these Rules in no way limit your rights under the Consumer Review Fairness Act of 2017 (H.R. 5111).
Testimonials on this Site are unsolicited and are non-representative of all golfers. Callaway Golf Company has received many testimonials and has selected appropriate testimonials for posting on this Site. We reserve the right to edit testimonials to clarify content and remove objectionable materials, among other things. Testimonials represent the viewpoints and unique experiences of individual golfers with Callaway Golf products and should not be taken as indications or guarantees of future results of other golfers using the same or similar Callaway Golf® products. Although most Callaway Golf products are designed to provide optimal performance over a wide range of swing speeds, certain golfers may have a different experience or performance with the same or similar Callaway Golf product mentioned in these testimonials. Callaway Golf Company does not represent nor does it warrant that any golfer will or is likely to achieve the same or similar results using these Callaway Golf products.
Occasionally, an item offered for sale on our Site may be mispriced. We apologize for these errors and we will correct them when discovered. Callaway reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. In the event that your credit card has been charged for the purchase and your order is cancelled, Callaway will issue a credit to your credit card account in the amount of the charge. You should check with your bank or credit card provider to determine when the credit will be posted to your account. All pricing and offers are subject to change without notice.
CONTESTS, SWEEPSTAKES AND OTHER INTERACTIVE TRANSACTIONS:
DISCLAIMER OF WARRANTY:
Callaway Golf does not warrant or represent that the content at the Site is accurate, or that the Site's operation will be error-free or uninterrupted,or that it will be free of viruses or other harmful components. You use the Site at your own risk. Callaway Golf does not represent or warrant that your use of materials displayed on this Site will not infringe rights of third parties. Information published at this Site may refer to products,programs or services that are not available in your country. Without limiting the foregoing,the Site is provided ''AS IS'' and without warranty of any kind,either express or implied,including,but not limited to,the implied warranties of merchantability,fitness for a particular purpose,or non-infringement. Some jurisdictions may not allow exclusion of implied warranties,so some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES,INCLUDING NEGLIGENCE,SHALL CALLAWAY GOLF BE LIABLE FOR ANY DIRECT,INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE,OR CONSEQUENTIAL DAMAGES (COLLECTIVELY,“DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE,NOR SHALL CALLAWAY GOLF BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES,OMISSIONS,INTERRUPTIONS,DELETION OF FILES,ERRORS,DEFECTS,DELAYS IN OPERATION OR TRANSMISSION,OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CALLAWAY GOLF’S REASONABLE CONTROL,INCLUDING BUT NOT LIMITED TO ACTS OF GOD,COMMUNICATIONS LINE FAILURE,THEFT,DESTRUCTION,OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL CALLAWAY GOLF OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF CALLAWAY GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF CALLAWAY GOLF’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
INSTRUCTION OR FITTING INFORMATION:
From time to time, this Site may feature golf tips, practice pointers, fitting information and instructional videos (collectively, the ''Instructional Information'') from a variety of sources. You are solely responsible for the proper use of the Instructional Information. Callaway Golf is not responsible for any physical, emotional or property damages resulting from the use or misuse of such Instructional Information, nor is Callaway Golf responsible for the accuracy, reliability, effectiveness or correct use of any Instructional Information that you receive on this Site. You should consult with your physician or other health care professional before beginning any type of exercise or training program or other physical activity.
The Site may from time to time display links to other websites or resources sponsored by third parties as a convenience to you. Callaway Golf is not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources. Various third-party websites may provide links to this Site. We have not reviewed any or all of the third-party websites linked to this Site. We are not responsible for the content of any off-site pages or any other websites linked to this Site. Your linking to this Site, off-site pages or other websites is at your own risk. Note: Anyone linking to Callaway Golf's website must comply with the Link Guidelines for linking to the Callaway Golf Site as well as all applicable laws.
The copyright in all content provided on this Site is held by Callaway Golf or by the original creator of the content. Except as provided in these Rules,such content may not be reproduced,distributed,republished,downloaded,displayed,posted,or transmitted in any form or by any means,including,but not limited to,electronic,mechanical,photocopying,recording,or otherwise,without the prior written permission of Callaway Golf or the copyright owner. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Site,please notify Callaway Golf immediately. See Reporting Claims of Copyright Infringement to learn more.
The trademarks,service marks and logos (''Trademarks'') used and displayed on this Site are registered and unregistered Trademarks of Callaway Golf and others. Nothing on this Site should be construed as granting,by implication,estoppel,or otherwise,any license or right to use any Trademark displayed on the Site,without the written permission of the Trademark owner. Callaway Golf aggressively enforces its intellectual property rights to the fullest extent of the law. A list of U.S. Trademarks owned by Callaway Golf follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of Callaway Golf should be referred to the Callaway Golf Legal Department at (760) 931-1771.
UNITED STATES TRADEMARKS
Beyond the Fairway®,Big Bertha®,Backstryke®,Bring the Heat on Every Swing™,Callaway®,Callaway-Connect®,Callaway Golf®,Callaway Golf Performance Center®,Callaway Golf X Series®,Callaway Your Way®,Callaway Golf X Series®,Chev®,Chev-18®,C-Tech®,Demonstrably Superior and Pleasingly Different®,Drives Hot. Stops Cold™,Extreme Distance. Extreme Adjustability™,Extreme Distance. Extreme Versatility™,Fast Tech Mantle™,Fusion®,Game Series®,Gems®,Ginty®,Go Mode™,Great Big Bertha®,Hawk Eye®,Heavenwood®,HEX Aerodynamics®,HEX Chrome®,HEX Diablo™,HEX Hot™,HEX Solaire™,HEX Warbird™,How Golf Should Feel®,Hyper X®,HX®,ICT®,Legacy®,Mobile Caddie®,My Callaway®,Odyssey®,OptiFit®,Org.14®,Outrageous Ball Speed. Explosive Distance™,Pearluminious Finish™,PRO CALIBER®,Pro Distance,Pro Playability™,Pro Vent®,Rainsport®,s-Tech Core ™,S2H2®,Shopping Spree®,Softfeel®,Soft Trionomer Cover™,Speed Frame™,Steelhead®,Tech Series®,This Bird Will Fly™,Tour Authentic®,Trade In! Trade Up!®,Trionomer Cover™,uPro®,VFT®,War Bird®,Warbird®,Warmsport®,White Hot®,White Ice®,Wicked Distance. Incredible Feel.™,Windsport®,World's Friendliest®, X-12®, X-14®, X-16®, X-18®, X-20®, X-20 Tour®, X-22™, X-Forged®, X Hot™, XJ Series®, X Series®, X Series Dry®, X-SPANN®, XTT®, XTT-XTREME®, X-Tour™, Xtra Traction Technology®, XWT®, Xtra Width Technology®, You Can't Argue With Physics®.
Callaway Golf makes Demonstrably Superior and Pleasingly Different® products sold in more than 70 countries around the world. In addition to trademarks held in the United States,the Company holds trademarks worldwide. For information regarding Callaway Golf's other brand trademarks, visit www.odysseygolf.com, www.callawaygolfpreowned.com and www.tradeintradeup.com. Products displayed on this Site can be found at authorized Callaway Golf Retail Locations near you, while supplies last. Please connect to our Retail Locator to find the authorized retail location nearest you. We have done our best to display the true colors of the products found on this Site; however, colors may vary due to the settings of your computer monitor.
Callaway Golf controls and operates this Site from its headquarters in Carlsbad, California, United States of America and makes no representation that these materials are appropriate for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.
These Rules and your use of the Site will be governed by the laws of the State of California, as applied to contracts entered into between California residents and performed in California. Any disputes arising out of these Rules or your use of the Site not subject to Binding Arbitration will be heard only in the state or federal courts located in San Diego County, California, USA, and you hereby consent and submit to the personal jurisdiction of such courts.
You agree that any controversy or claim arising out of or relating to the Site, use of the Site, and/or these Rules shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Callaway Golf, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, Callaway Golf will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Callaway Golf shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
If any provision of these Rules is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Rules (and the links contained herein) state the entire agreement between the parties relating to use of the Site. The Rules may not be amended except as provided above.
Statements contained on this Site regarding Callaway Golf's business which are not historical facts are ''forward-looking statements'' that are based upon information and expectations at the time they were first made or posted. Actual results may differ materially as a result of certain risks and uncertainties. For details concerning these and other risks and uncertainties see ''Management's Discussion and Analysis of Financial Condition and Results of Operations - Certain Factors Affecting Callaway Golf Company'' contained in the Company's most recent financial report (e.g. 10-K or 10-Q) filed with the Securities and Exchange Commission. Readers are cautioned not to place undue reliance on such statements which speak only as of the date first made or posted. The Company undertakes no obligation to republish revised forward-looking statements to reflect the occurrence of unanticipated events or circumstances that effect such statements.