Terms and Condition of Website Usage Agreement
Thank you for visiting the Terms and Conditions (the "Terms") page of Adams Golf, Ltd. (“Adams”). Your access and use of our website at www.adamsgolf.com and all other Adams websites (the “Adams Website”), is subject to the following terms and applicable laws. By accessing and browsing this Website, you accept these Terms without limitation or qualification, as well as such additional or amended terms and conditions as Adams may from time to time publish. Certain services or other offerings made available on this 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 Adams Website is owned and operated by Adams, and is protected by copyright under United States and international laws and treaties. All rights reserved. Copyright in the content and the software provided are owned by or licensed to Adams.
All rights not expressly granted herein are reserved. Materials from this Website may not be copied, distributed or transmitted in any way without Adams’ prior written consent. No links to the Website may be created without Adams’ express written consent. 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 Adams. The use or misuse of those images except as expressly authorized is prohibited. Adams reserves complete title and full intellectual property rights in materials downloaded from the site.
We pride ourselves on innovation and quality in the design and manufacturing of Adams products. Consequently, Adams golf products are protected by a variety of patents and trademarks. These patents and trademarks not only recognize that innovation and distinctiveness of Adams’ intellectual property rights in its products and brands, but also affords legal protection to Adams 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 Adams’ rights in the United States Patents listed on this site and associated with the following products:
View Patent List.
Other U.S. and Foreign patents pending.
Adams is a wholly-owned subsidiary of Taylor Made Golf Company, Inc. (“TMaG”) and member of the adidas Group. The adidas Group Golf division comprises four premium brands, Adams Golf, TaylorMade, adidas Golf, and Ashworth. Adams and Adams Golf are registered trademarks of TMaG or Adams, as applicable. Any information, including, but not limited to, remarks, suggestions, ideas, graphics or other submissions, communicated to Adams through this Website is not confidential. Adams shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the submission.
The user acknowledges the originality of any submission communicated to Adams 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 Adams 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 the Adams 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; or (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 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.
You agree not to: (i) use the Adams Website 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 Adams Website, 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 Adams Website; (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 Adams Website 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 Adams Website 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 Adams Website in violation of the rules of any other website providers, websites, chat rooms or the like; (ix) use the Adams Website to access the accounts of others without permission; (x) attempt to penetrate security measures of Adams 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 ADAMS WEBSITES, YOU EXPRESSLY AGREE THAT USE OF THE ADAMS WEBSITES IS AT YOUR SOLE RISK. THE ADAMS WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADAMS DOES NOT WARRANT THAT USE OF THE ADAMS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
ADAMS RESERVES THE RIGHT TO CANCEL ANY ORDER FOR ADAMS PRODUCTS PLACED ON THIS WEBSITE AS A RESULT OF A MISTAKE OR ERROR, AS DETERMINED BY ADAMS IN ITS SOLE DISCRETION.
ADAMS DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE ADAMS WEBSITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE ADAMS WEBSITE. ADAMS 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 ADAMS SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL ADAMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE ADAMS WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE ADAMS WEBSITE 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 ADAMS 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 Website 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 Texas, United States of America, and Adams makes no representation that the content provided is applicable or appropriate for use in other locations.
Intended for Users Over 13
This Website is intended for use by individuals of at least 13 years of age or older. This Website is 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 below for more information. Any and all children’s products that Adams makes or may make will be sold only to adults.
Enforcement of terms and conditions
These Terms are governed and interpreted pursuant to the laws of the State of Texas, 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 Collin, State of Texas, 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. Adams may revise these Terms at any time by updating this posting. Adams may terminate this agreement at any time, without notice and for any reason.
Your Privacy Rights
Effective August 1, 2013
What Type of Personal Information Do We Collect and Use?
Whenever you register an Adams product, send us an email, purchase products from the Adams Website, register on one of the Adams Websites, enter a contest, sweepstakes, or other promotion, subscribe to one of our newsletters, or otherwise transmit information via any of the Adams Websites, Adams may obtain and collect personally identifiable contact information (expressed herein generally as "personal information") such as your name, email address, payment information (i.e. credit card number/expiration date), and/or mailing address, subject to your ability to "opt-out" of our future use or disclosure of such information.
Personal Information Maintenance & Opt-Out
How Do We Use Personal Information?
Adams 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
If you have not "opted-out" of our use and disclosure of your personal information, Adams may also use personal information for all marketing and survey purposes on behalf of itself and its affiliates. Adams may appoint third party agents in connection with such marketing and survey efforts. Adams 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 an Adams mobile fitting application at participating fitting locations and with Adams subsidiary companies.
If you have "opted-out", Adams 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 Adams, (3) if we believe you will harm the property or rights of Adams or those of Adams’ customers, (4) under exigent circumstances to protect the physical safety of Adams, its employees, users or the general public, or (5) to validate credit card numbers for charging for fee services.
Adams 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
Adams does not send unsolicited bulk emails to anyone who has requested that we do not contact them. 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 http://www.adamsgolf.com/company/contact.php.
Chat Rooms and Forums
The Adams 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. Adams cannot safeguard the privacy of personal information that is disclosed online in this manner.
- keep count of return visits to the Adams Websites
- accumulate and report anonymous, aggregate, statistical information on website usage
- deliver content specific to your interests or past viewing history
- save your password so you don't have to re-enter it each time you visit our websites.
Adams does not store or record the Internet Protocol ("IP") addresses of visitors to the Adams 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 Adams Websites contain electronic images (called "pixels", "transparent GIF files", or "web beacons") that allow us and our advertising partners to view and access cookies. In general, any electronic image viewed as part of a web page, including an ad banner, can act as a web beacon. Web beacons are small in order not to use valuable space on the computer screen that is better used to display helpful content. In some cases these files are provided by our online management partner. These files enable our online management partner to recognize a unique cookie on your web browser, which in turn enables us to learn which advertisements bring users to our website. The cookie was placed by us or by another advertiser that works with our online management partner. We may also include web beacons in HTML-formatted newsletters containing graphics that we send to opt-in subscribers, so we may count the number of newsletters that have been opened and read. We may also use the web beacon and cookies to monitor your online behavior and interests on the Adams Websites. With both cookies and web beacons, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address. For more information about third party cookies, including information about how to opt out of these technologies, click here.
The Adams 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 Adams 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. Adams 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 contacting us at http://www.adamsgolf.com/company/contact.php.
Children's Online Privacy Protection
Adams does not knowingly collect contact or personal information from children under 13. The Adams Websites are not intended to solicit information of any kind from children under 13, and are designed to block our knowing acceptance of any such information. It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 13, please do so by contacting us at http://www.adamsgolf.com/company/contact.php.
Notice to California Residents/Your California Privacy Rights
Adams 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 Adams Legal Department:
Attn: Legal Department
2801 E. Plano Parkway
Plano, TX 75074 USA
Phone: +1 972-673-9000
Fax: +1 972-398-8818