TaylorMade Golf

TaylorMade-adidas Golf Company

Terms and Conditions 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 www.taylormadegolf.com , www.adidasgolf.com , www.tmag.com , www.noodlegolf.com , 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.

U.S. Patents which may apply to TMaG Products:

Other US and Foreign Patents Pending.

Taylor Made Golf Company, Inc. doing business as TaylorMade – adidas Golf Company, is a member of the adidas Group. The adidas Group Golf division comprises three premium brands, Taylor Made, adidas Golf and Ashworth LLC.

TaylorMade, the Stylized T Design, TOUR PREFERRED, AGSI, BURNER, IOTHANE, MOVABLE WEIGHT TECHNOLOGY, MWT, RE AX & Design, NOODLE and NOODLE ICE are registered trade marks of Taylor Made Golf Company, Inc.

RESCUE, GHOST, PENTA TP, LDP, I AM A GOLFER, MONZA, PERFORMANCE LAB, PITTSBURGH PERSIMMON, PRO SPEED, RAC & Design, ROSSA, TITALLIUM, TMAG, TMAG CONNECTION, TOUR SPEED, TP & Shield Design, TP BLACK, TP RED, TRADE ADVANTAGE, ULTIMATE FITTING EXPERIENCE, SPEEDMANTLE, CENTER OF EXCELLENCE, DIABLO ST, R9, R11, and RAYLOR are trade marks of Taylor Made Golf Company, Inc.

adidas, the Golf Flag Logo, the 3-Bars logo, and the 3-Stripes mark are registered trademarks of the adidas Group.

Ashworth and the Golfman Logo are registered trade marks of Ashworth LLC. Weather Systems, EZ-TECH, DEWSWEEPER, 3rd GROOVE, the Two Bar Logo and The Course Never Leaves You are trade marks of Ashworth LLC.

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 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 TORTUOUS 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 Privacy Policy 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.

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