Legal - Canada
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 and adidas Canada Limited ("TMaG"). Your access and use of any of our websites at taylormadegolf.com, adidasgolf.com, ashworthgolf.com, www.tmag.com, http://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 (and your parent or legal guardian accepts on your behalf, if you are under the age of majority in your jurisdiction of residence) 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 TMaG 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.
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 content and the software provided are owned by or licensed to TMaG.
All rights not expressly granted herein are reserved. Materials from the TMaG Websites may not be copied, distributed or transmitted in any way without the prior written consent of TMaG. No links to the TMaG Websites may be created without the express written consent of TMaG. Users of the TMaG Websites 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 TMaG Website is provided for lawful purposes only. Images of people or places in this TMaG 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 or its licensors reserve complete title and full intellectual property rights in materials downloaded from the TMaG Websites.
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 TMaG Website and associated with the following products.
Other U.S. 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. TaylorMade and the Stylized T Design are registered trademarks of Taylor Made Golf Company, Inc. Ashworth and the Golfman Logo are registered trademarks of Ashworth. 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 the TMaG Websites or posted by a user on the TMaG Websites is not confidential (“Content”). TMaG shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the Content. By using the TMaG Websites and providing any Content, you hereby (and your parent or legal guardian grants on your behalf, if you are under the age of majority in your jurisdiction of residence): (i) grant to TMaG a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all Content (in any format or media) that you post on, upload or otherwise submit to or through, the TMaG Websites; and (ii) waive all moral rights in and to all Content that you post on, upload or otherwise submit to or through, the TMaG Websites in favour of TMaG.
TMaG is under no legal obligation to actively screen or edit Content, but reserves the right, in its sole and absolute discretion, to modify, edit or remove any Content, or to request a user to modify or edit his or her Content, if a complaint or notice of allegedly infringing materials is received with respect to the Content, or for any other reason in TMaG’s sole and absolute discretion.
The user acknowledges the originality of any Content 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 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).
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, copyright, 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; (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.
Disclaimer and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, BY USING THE TMAG WEBSITES, YOU EXPRESSLY AGREE (AND YOUR PARENT OR LEGAL GUARDIAN AGREES ON YOUR BEHALF, IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) 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. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, TMAG SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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 TMAG WEBSITES.
COMMENTS OR OPINIONS EXPRESSED ON THE TMAG WEBSITES ARE THOSE OF THE RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE TMAG WEBSITES AND IN ANY CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF TMAG. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE TMAG WEBSITES.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE TMAG WEBSITES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE TMAG WEBSITES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
Indemnification by User
By using the TMaG Websites, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby agree to indemnify, defend and hold harmless TMaG, and each of its respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the TMaG Websites, Content, and/or breach of these Terms, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.
Applicability of content
Information on this TMaG Website includes description of products and services that may be available in Canada only.
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
For residents of Canada outside Quebec, to the fullest extent of the applicable law, these Terms are governed and interpreted pursuant to the laws of the province of Ontario and the federal laws of Canada applicable therein 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 Toronto, Ontario, which shall constitute the exclusive venue for any such dispute(s). For residents of Quebec, to the fullest extent of the applicable law, these Terms are governed and interpreted pursuant to the laws of the province of Quebec and the federal laws of Canada applicable therein 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 Montreal, Quebec, which shall constitute the exclusive venue for any such dispute(s).
TMaG may terminate this agreement at any time, without notice and for any reason.
-TaylorMade Canada, a Division of adidas Canada Limited
Your Privacy Rights
Effective July 1, 2014
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 personal information such as your name, email address, payment information (i.e. credit card number/expiration date), and/or mailing address.
How Do We Use And to Whom do We Disclose 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 - 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
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 wish to opt-out of our use and/or disclosure of your personal information as described in this paragraph, 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 opt-out of our use and/or disclosure of your personal information as described in this paragraph at any other time, please send us a message at firstname.lastname@example.org.
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 and complies with applicable laws regarding email marketing. 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 email@example.com.
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 firstname.lastname@example.org.
Accessing and Correcting Personal Information and Withdrawing Consent
You have the right to ask in writing whether we hold any personal information about you, to see that information, and how we collect, use or disclose your personal information. We may not be able to provide you with all the information you request, depending on the circumstances, and there may be a charge for any copy of personal information requested. If you believe any of the information we have collected about you is incorrect or incomplete, you have the right to ask us to change it, or you may contact us to update your personal information in our records. If you show that your personal information is inaccurate or incomplete, we will make the necessary changes as appropriate.
You may withdraw your consent to collect, use and disclose your personal information at any time, subject to legal and contractual restrictions and reasonable notice. However, without your permission we may not be able to provide you with the products or services you requested.
If you feel we have not deal with your request to your satisfaction, you may file a complaint, which will investigate, and if justified, take necessary steps to rectify. We will also let you know what other complaint procedures may be available to you.
To withdraw your consent, request access to or correction of your information, or to file a privacy complaint, please send us a message at email@example.com.