Acushnet Company Legal Information
P.O. Box 965
Fairhaven, MA 02719
TERMS AND CONDITIONS OF USE
Your use of this Internet site (this "Site") indicates your acceptance of the terms and conditions listed herein, which may be revised at any time by Acushnet Company. Use after any such revisions indicates your acceptance of such revised terms and conditions. If you do not accept such terms and conditions, do not use the Site.
Use of this Site
You may download material displayed on the Site for non-commercial, personal use only; provided, however, that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Acushnet Company's written permission. You may not alter or interfere with the content or function of this Site or download any material from this Site for use at any other website, including Internet auction sites. All materials on this Site are copyrighted and misuse thereof may constitute violation of copyright, trademark and other laws. Acushnet Company reserves all rights to all materials listed on this Site.
Acushnet Company provides proprietary information, including copyrighted materials, about its products and services on this website for the benefit of its customers and not for unrestricted use by the public. You agree that you may not use, or allow any other person or entity to use, any materials found on this website for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against Acushnet Company or its affiliates. Your failure to comply with these prohibitions constitutes breach of these Terms and Conditions of Use with respect to the materials at issue. Each instance of noncompliance (e.g., each use of a digital file contrary to these Terms and Conditions of Use) constitutes a separate instance of breach and subjects you to a payment obligation in the amount of $75,000 USD per instance of breach, as liquidated damages and not as a penalty. In addition, Acushnet Company reserves the right to seek damages for infringement for copyrighted materials. You agree that damages reasonably anticipated from a potential breach are difficult to ascertain because of their indefiniteness or uncertainty and the amount stipulated is reasonably proportionate to the damages actually caused by the breach.
If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site.
No Warranties; Limitation of Liability
Acushnet Company does not represent or warrant that the content of this Site is accurate or that its operation will be error free or uninterrupted. You use the Site at your own risk. THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Acushnet Company also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. In no event shall Acushnet Company or any other party involved in creating, producing, maintaining or delivering the Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of any of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, or damages from any theory of liability whatsoever, arising out of or in connection with the use of, or your browsing in, or your links to other sites from this Site.
Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights, patents or other property of Acushnet Company ("Acushnet Company Intellectual Property"). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Acushnet Company Intellectual Property displayed on the Site without the written permission of Acushnet Company.
Acushnet Company devotes millions of dollars and countless hours every year to its research and development activities. The result of this huge investment of time and money are golf products which we believe are the finest, most technologically advanced products available. The benefits of these efforts are incorporated in our products and many of these features are not apparent to the casual observer, but are absent from other products which are intended to be copies or “knock-offs” of genuine Acushnet Company products. Acushnet Company Intellectual Property is protected by a multitude of patents, trademarks and other rights granted to Acushnet Company under international, federal and state statutory and common law. Accordingly, Acushnet Company expects that others will respect its intellectual property rights. Acushnet Company vigorously enforces its intellectual property rights, whether infringement takes the form of “knock-off” products, unauthorized use of trademarks or copyrights or in any other manner.
The following is a list of some of the trademarks owned or licensed by Acushnet Company used on or with FootJoy products:
Advanced Performance Leather; ComforTab; ComforTongue; ComfortSof; Contour Series; CoolJoys; CottonSof; D.N.A. Helix; DryJoys; DryJoys Design; DryJoys Tour, DryJoys Performance Collection; DrySof; emBody; eMerge; enJoy; FirstJoys; FJ; FJ 1857; FJ Arc SL; FJ Aspire; FJ Spectrum; FJ Versaluxe; Fit-Bed; FlexGrid; FootJoy; GelCollar; GreenJoys; GolfLeisure; HeelLoc; HyperFlex II; Icon Black; LaunchPod; Layer Up; LoPro Collection; MyJoys; NitroThin; OptiFlex; ProDry; Pro/SL; PowerNet; PowerStrap; Pro FLX; Pro SL; Pure Touch; Q-Mark; QuikDry ; RainGrip; SciFlex; SecureCollar; SofJoy; StaCooler; StaSof; SuperLites XP; Taction2; Techsof; Tour S; WeatherSof; WinterSof
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by Acushnet Company or its affiliates do not imply endorsement of that product, publication or site. Acushnet Company has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
Communications with this Site
On certain areas of our Site, you may be able to interact with other users or upload messages or other content, including videos ("Content"). We may terminate your account and your ability to upload Content if we believe, in our sole discretion, that you have violated any of the terms in these Terms and Conditions, or any law.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane Content or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Acushnet Company will fully cooperate with any law enforcement authorities or court order requesting or directing Acushnet Company to disclose the identity of or help identify or locate anyone posting any such Content.
You agree that you will not post Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, an employee of Acushnet Company. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any Content that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
The message boards, chat rooms, and other forums we may provide on this Site are intended to allow information exchanges, and for users to express their opinions. You agree that you will not post any Content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service. You further agree that you will not post any Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site or another user's computer.
Acushnet Company appreciates your comments, but please do not send to Acushnet Company any suggestions, drawings, models or other descriptions of any ideas related to new products, modifications to existing products or marketing efforts. Acushnet Company does not accept such unsolicited products or marketing suggestions.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Acushnet Company cannot prevent the "harvesting" of information from this Site, and you may be contacted by Acushnet Company or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of Acushnet Company, may or may not be posted to this Site at the sole discretion of Acushnet Company and may be used by Acushnet Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Acushnet Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any compensation to the person sending such information.
Although Acushnet Company may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Acushnet Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. Acushnet Company assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
Reporting Violations Of These Terms And Conditions
If you believe that Content was posted in violation of these Terms and Conditions, please notify us via email to firstname.lastname@example.org. We may, but typically will not, acknowledge receipt of your complaint. You agree that we cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site, but will take only such action as we believe are appropriate in our sole discretion. If you are a copyright owner and you believe your rights have been violated by Content uploaded to this Site, please follow our Proprietary Rights Complaint Process below.
User Generated Content License Agreement
Any Content you submit on this website containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials ("Submission") is governed by these terms.
You hereby grant to Acushnet Company an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Submission, including, without limitation, the title(s) and each and every element of the Submission, in whole or in part, in any and all manner and media throughout the world. You hereby acknowledge and agree that: (a) Acushnet Company shall have the right to edit, alter or arrange the Submission in any way it desires in its sole discretion; (b) Acushnet Company shall not have any obligation to provide you with any credit when using your Submission; and (c) you waive any “moral rights” that you may have in the Submission. You understand that Acushnet Company will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should Acushnet Company use your Submission.
Proprietary Rights Complaint Process
Acushnet Company is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Acushnet Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:
1. By sending an email to email@example.com; or
2. By sending a letter via U.S. mail to:
Attn: Legal Department
333 Bridge Street
Fairhaven, MA 02719
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
a. A physical or electronic signature of a person authorized to act on
behalf of the copyright owner;
b. Identification of the copyrighted work claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Register.com to locate the material;
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(For more details on the information required for valid notification, see 17 U.S.C. 512(c))
Upon receipt of a fully completed and signed notification form, we will disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that access has been disabled as is our obligation under the Copyright Act. If your notification is unsigned or is not on our form and does not contain the authorization language of our form, we will work with you to obtain a properly executed notification. If any of the other information is missing from your notification, however, we will not be able to respond to your request.
Pursuant to 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. This counter-notification must (1) be signed, (2) include the individual's name, address and telephone number, (3) include a statement that the individual is making the counter-notification under penalty of perjury, and (4) state that the person consents to the jurisdiction of the federal district court where his or her address is located. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten business days. Access will be restored between the tenth and fourteenth business day after we receive a counter-notification unless you inform us that you have filed an action seeking a court order to restrain the individual who made the posting from engaging in infringing activity on our network and servers. If we determine that we do not want to restore access to the materials, you will not receive any further notification.
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
United States Governing Law
This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the Commonwealth of Massachusetts, United States of America, without regard to the principles of conflicts of laws. Any dispute in connection to your use of this Site shall be heard only in a federal or state court of competent jurisdiction located in the Commonwealth of Massachusetts. By using this Site, you consent to the personal jurisdiction of such courts. If any of the terms and conditions stated herein are found to be unlawful or unenforceable for any reason, that provision will be severable from the rest of these terms and conditions and shall not affect the enforceability of the remaining terms and conditions. This legal notice states the entire agreement between us with respect to your use of the Site, which agreement may only be amended in a writing signed by an authorized officer of Acushnet Company. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Acushnet Company intends to make such products or services available in such countries.
©2016 Acushnet Company
This copyright notice applies to all proprietary pages, images, text, programs, and other material available throughout this Site.
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