1. Ownership and Use of Materials. The materials on this Website belong to the Company and/or its third party licensors. There are some important rules about using, copying, and sharing these materials. You may download, print, or forward a copy of the materials on this Website only for personal, noncommercial use. When you download or print a copy of the materials on this Website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. You may not alter the appearance or contents of any of the materials on this Website.
The materials on this Website are protected by United States and foreign copyright laws. If you use the materials in a way that is not clearly allowed by these Terms and Conditions, you are violating your contract with us and may be violating copyright, trademark, and other laws. In that case, Company automatically revokes your permission to use the materials and you must immediately destroy any copies you have made. Title to the materials remains with Company or its third party licensors. All rights not expressly granted are reserved.
2. Your Conduct. You agree to follow the conduct rules listed below. If you fail to follow these conduct rules, the Company may, in its sole discretion, terminate or suspend your ability to use this Website. In addition, the Company will cooperate with legal authorities, where appropriate, and may pursue any other legal and equitable remedies including but not limited to monetary damages.
a. You will not knowingly provide or post any false, misleading, or fraudulent information.
b. You will not use this Website for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
c. You will not hold yourself out as someone you are not or otherwise impersonate any person.
d. You will not interfere or tamper with the functioning of this Website, nor will you attempt to gain access to information or control of the Website not specifically granted to you.
e. You will not use this Website to transmit any virus or similar destructive program or code.
3. Notification of Violations by Others. If you are aware of any improper behavior by any other website users, please report this information to us immediately at: email@example.com.
4. Links to Other Websites. This Website may contain links to websites operated by other parties. The linked websites are not under the control of the Company, and the Company is not responsible for the content available on any other websites linked from this Website. The appearance of the links does not imply Company's endorsement of material on any other website and Company disclaims all liability with regard to your access to or use of such linked Websites.
5. Contents of Website. The Company may change the contents of the Website and the services offered through the Website at any time.
6. Advertising. This Website may include advertisements for products or services offered by other companies. The Company may receive payment from these advertisers. Although Company believes you may find the information offered by advertisers to be helpful, Company does not endorse or guarantee any product or service offered by advertisers.
7. Use by Adults Only. You must be at least 18 years old to use this Website. Pursuant to the terms of the Children's Online Privacy Protection Act, Company does not knowingly collect any personal information from children under 13. If you believe Company has obtained any information from a child under 13 please report this to us at firstname.lastname@example.org and the Company will take appropriate action.
8. DISCLAIMERS AND LIMITATION OF LIABILITY.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE WEBSITE.
COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
CERTAIN JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
9. Indemnity. You agree to indemnify, defend and hold the Company, its directors, officers, shareholders, employees, representatives and assigns (collectively, "Affiliates") harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) resulting from any claim, suit, action, or proceeding brought by any third party against the Company or its Affiliates alleging or arising from or related to your use of the Website or any breach of these Terms and Conditions by you. This paragraph survives expiration or termination of your membership or these Terms and Conditions.
10. Geographic Scope. The Company Website is operated by CGCGolfShop.com from its offices in California, U.S.A. The Company welcomes visitors from around the world, however Company makes no representation or warranty that the contents of the Website are appropriate or permitted by the laws and regulations of countries other than the U.S.A. If you choose to access the Website from other countries you do so at your own risk, and are responsible for compliance with applicable local laws. Please note that the Company does not conduct business (sales or shipping) beyond the borders of the U.S.A.
11. Choice of Law/ Disputes. You hereby agree that the only proper jurisdiction and venue for any dispute with Company, or in any way relating to your use of this Website, is in the state and/or federal courts in the State of California, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Company or its affiliates, employees, officers, directors, agents, and providers. Any claims relating to the information, services or products available on this Website will be governed by the laws of the State of California, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms and Conditions or your use of the Website will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. This paragraph survives expiration or termination of these Terms and Conditions.
12. Miscellaneous. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall continue to be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You may not sell, assign, or otherwise transfer your account. Company may assign or transfer its rights with regard to your Account and these Terms and Conditions. Company's failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive Company's right to act with respect to subsequent or similar failures. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. This paragraph survives expiration or termination of these Terms and Conditions.
Product Display/Colors. The Web site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Product Information. Product information is taken from manufacturer literature and we are not responsible for its accuracy or claims.
Errors on Our Site. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and the Company 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. The Company reserves the right to decline any transaction for any reason it deems necessary. If your credit card has already been charged for the purchase and your order is cancelled, the Company will issue a credit to the same credit card or PayPal account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase on the Website, you may return it in accordance with the Company's Return Policy.
All Callaway Golf, Odyssey, Ben Hogan and Top-Flite trademarks and logos are the intellectual property of Callaway Golf Company.