Terms of Use
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.
Registration
We may at times require that you register and/or set up an account to use certain portions of the Site. In order to do so, you may be required to provide certain personal information and you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, “Registration Information”). You agree and represent that all personal information provided by you is accurate and up-to-date. If any of your personal information changes, you must update it by using the appropriate update mechanism on the Website. See our Privacy Policy for details regarding the collection and use of personal information.
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.
Intellectual Property
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.
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