TERMS AND CONDITIONS OF USE

Welcome to the Roger Cleveland Golf Company, Inc. ("Cleveland Golf") website ("Site"). Your access and use of our website at www.clevelandgolf.com is subject to the following terms and conditions ("Terms") and applicable laws. By visiting our Site, you are accepting these Terms, as well as our Privacy Policy without limitation or qualification. By registering your Cleveland Golf products or otherwise using our Site in any way, you are further confirming your acceptance of these Terms and our Privacy Policy.  If you do not agree to these Terms or our Privacy Policy, please do not use or visit our Site, and do not disclose any information to us.  Certain services or other offerings made available on this Site 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. Unless otherwise provided, these Terms apply to every website maintained by Cleveland Golf and its subsidiaries.

 

Changes to Terms

Cleveland Golf may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision. If we change these Terms, we will notify you by posting the revised Terms on our Site. It is your responsibility to periodically revisit our Site. We may also notify you by sending you an email notification to the email address that you provided to us. It is your responsibility to provide us with your current email address.

 

Use of this Site

Cleveland Golf maintains this Site for your personal information, entertainment, education, and communication.  You may view and download material displayed on this Site only for non-commercial, personal use; provided, however, that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, transmit, modify, reuse, repost, or use the content of this Site for public or commercial purposes, including, without limitation, the text, images, audio and video without Cleveland Golf'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. Cleveland Golf reserves all rights to all materials listed on this Site.

 

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY CLEVELAND GOLF ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLEVELAND GOLF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLEVELAND GOLF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLEVELAND GOLF DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CLEVELAND GOLF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLEVELAND GOLF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLEVELAND GOLF SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR: ANY LOSS OF PROFITS, EARNINGS, GOODWILL, OR ECONOMIC LOSS OR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS SITE (INCLUDING WITHOUT LIMITATION, INFORMATION COLLECTED FROM YOU, THE USE, INABILITY TO USE THE SITE, OR OPERATION OF THE SITE, OR INFORMATION ON THE SITE).

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLEVELAND GOLF’S LIABILITY ARISING FROM OR RELATING TO THIS SITE (INCLUDING WITHOUT LIMITATION, INFORMATION COLLECTED FROM YOU, THE USE, INABILITY TO USE THE SITE, OR OPERATION OF THE SITE, OR INFORMATION ON THE SITE) SHALL NOT EXCEED TWENTY (US$20) UNITED STATES DOLLARS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Intellectual Property

Unless otherwise provided, products, patents, product names, designs, graphics, logos, titles, text, images, button icons, data compilations, software, audio, video and all other all content within this Site are the trademarks, service marks, trade names, copyrights, patents or other property of Cleveland Golf ("Cleveland Golf Intellectual Property"). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Cleveland Golf Intellectual Property displayed on this Site without Cleveland Golf's written permission in each instance.

Cleveland Golf has expended and continues to expend large amounts of money and employee time for research and development. As a result of our substantial activities Cleveland Golf has produced and continues to produce technologically-advanced, innovative, quality golf products incorporating Cleveland Golf Intellectual Property which is protected by a multitude of patents, trademarks and other rights granted to Cleveland Golf under international, federal and state statutory and common law. Accordingly, Cleveland Golf expects that third parties will respect its intellectual property rights. Cleveland Golf vigorously enforces its intellectual property rights, whether infringement takes the form of imitation products, unauthorized use of trademarks or copyrights or in any other manner.

 

Trademarks

THE FOREGOING ARE PROPRIETARY TRADEMARKS, SERVICE MARKS, TRADE NAME OR CORPORATE NAME OWNED BY ROGER CLEVELAND GOLF CO. INC., HUNTINGTON BEACH, CALIFORNIA, USA, DOING BUSINESS AS "CLEVELAND GOLF." CLEVELAND GOLF RESPECTS THE LAWFUL PROPRIETARY RIGHTS OF OTHERS, INCLUDING ITS COMPETITORS, AND EXPECTS OTHERS TO RESPECT THE LAWFUL PROPRIETARY RIGHTS OF CLEVELAND GOLF. WHERE APPROPRIATE, CLEVELAND GOLF WILL TAKE NECESSARY STEPS TO PRESERVE, DEFEND AND PROTECT ITS PROPRIETARY RIGHTS.

CLEVELAND GOLF®, CLEVELAND®, CG®, TOUR ACTION®, LAUNCHER®, GUNMETAL®, CMM™, BLACK PEARL™, HALO™, LDI™, MICRO-CAVITY™, STORMCORE™, TA1™, TA2™,TA3™,TA5™,TA6™,TA7™, 588™, CG1™, CG2™, CG4™, and CG10™

 

Communications with this Site

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Cleveland Golf will fully cooperate with any law enforcement authorities or court order requesting or directing Cleveland Golf to disclose the identity of or help identify or locate anyone posting any such information or materials.

Cleveland Golf appreciates your comments, however, please do not send us any creative ideas, original materials, or suggestions relating to new products, modifications to existing products or marketing plans.

If you do provide Cleveland Golf with content, ideas or information, or provide materials, including but not limited to algorithms, concepts, data, designs, developments, documentation, discoveries, HTML code, inventions, know-how, methods, multimedia files, software code, procedures, programs, service marks, techniques, text, trade names, trademarks and web pages (collectively, "Provided Information"), whether by email, posting to the Site or otherwise, unless we indicate otherwise in writing, then you hereby grant Cleveland Golf and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Provided Information and to manufacture, have manufactured, sell and have sold products and services embodying such Provided Information, throughout the world in any manner now known or later discovered, except to the extent that our use of your personally identifiable information may be restricted under our then‑current Privacy Policy.

 

Privacy

We recognize that consumers are concerned about how the information they provide online will be used. See our Privacy Policy for further information.

 

Illegal Behavior

You agree not to: (i) use the this Site for any illegal purpose, in violation of any applicable laws or regulations; (ii) publish web pages that contain links that initiate downloads of infringing or other illegal material; (iii) electronically harass another; or (iv) engage in any Internet activities that would violate any privacy rights of others.

 

Links to other Websites

The Site may from time to time display links to other websites or resources sponsored by third parties solely as a convenience to you. Cleveland Golf does not endorse, and is not responsible or liable for, the contents of such third-party websites. Various third-party websites may provide links to this Site. We have not reviewed all of the third-party websites linked to this Site. We are not responsible for the content of any off-site pages or any other websites linked to this Site. If you decide to access linked third-party websites, you do so at your own risk.

 

United States Governing Law

These Terms are governed and interpreted pursuant to the laws of the State of California, United States of America, without reference to its provisions concerning conflicts of law. 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.

 

Dispute Resolution

[ARBITRATION]

[Any dispute relating in any way to your visit to Cleveland Golf or the validity or interpretation of these Terms, or performance hereunder shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate Cleveland Golf's intellectual property rights, Cleveland Golf may seek injunctive or other appropriate relief in any court of competent jurisdiction. Arbitration under these Terms shall be conducted under the Commercial Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. The arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of California or any other applicable law. Unless otherwise directed by the arbitrator, the parties shall bear their own costs and expenses that are reasonable and necessary to participate in such arbitration, including, without limitation, attorneys’ fees.]

[OR CONSIDER TRIAL IN COURTS]

[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 Los Angeles, State of California, which shall constitute the exclusive venue for any such dispute(s).]

 

Information for California Residents:

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Provider of service:

Roger Cleveland Golf Company, Inc.
5601 Skylab Road,
Huntington Beach, CA 92647
USA

By telephone: (714) 889-1300
By fax: (714) 889-5891

Pricing information: No charge is imposed by the provider to the consumer for the use of the service.

Complaints and further information: In the event of a complaint, or to request further information, the provider may be contacted in writing at:

Roger Cleveland Golf Company, Inc.
5601 Skylab Road,
Huntington Beach, CA 92647
USA

By telephone: (714) 889-1300
By fax: (714) 889-5891

Any complaint not resolved between the provider and the consumer may be brought to the attention of The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210 or (916) 445-1254.

 

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cleveland Golf the written information specified below. Please note that this procedure is exclusively for notifying Cleveland Golf and its subsidiaries that your copyrighted material has been infringed.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement on the Site can be sent to the following address:

Roger Cleveland Golf Company, Inc.
5601 Skylab Road,
Huntington Beach, CA 92647
USA

Phone: (714) 889-1300
Fax: (714) 889-5891