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This policy describes Callaway Golf's privacy practices. It applies to the websites were it is located. It also applies to our mobile sites and apps. We use your information based on your consent to our practices. Your use of this website indicates that you agree to our collection, disclosure, and use of your information as described in this Privacy Policy. Contact information. We may collect your name and email address. We may also collect your street address or phone number. Demographic information. We may collect information about your lifestyle or your golf game. We may also collect information about your buying preferences. We may also collect your day and month of birth and zip code. Payment information. If you make purchases, we may collect your credit card information. We may also collect security information like your mother's maiden name. Information you post or share on the Site. We collect the information you post in a public space on our site. For example, you might be able to post feedback about our products that others visiting our sites will see. We also collect information when you contact us. Information about your Callaway account. For example, we may collect user names and passwords. Other information. For example, we may collect information about the website browser you are using. We might look at what site you came from, or what site you visit when you leave us. We may collect information about your location. This may include your precise location. We may collect this using different types of technologies, including GPS and Wi-Fi. If you use our mobile app, we may also access your device's location information in the background. We might also collect device identifiers. We collect this information using the tracking tools described below. To control those tools, visit here. We collect information directly from you. For example, we collect information when you register on the Site or make an online purchase. We also collect information if you take our surveys or participate in online forums. From time to time we offer sweepstakes, contests, and prize draws, and collect information as part of those programs. We may also allow you to post information in an online forum. We collect information from you passively. For example, we use common tracking tools like cookies and web beacons. We do this on our websites and in emails that we send to you. We collect information about users over time when you use this website. Learn more about these tools and how you can control them, here. We also collect information from our mobile apps. We get information about you from third parties. For example, social media websites may provide us with information about you. If you subscribe to one of our services, we may combine the information we already have about you. When you visit our Sites, we may also combine information new collect with information new already have about you. We may also combine information about you that we learn from third parties. For example, if you use one of our Facebook Connect features, we will combine information we obtain from that feature with information we already have. We may also combine information that we have collected offline with information we collect online. To process your requests and for related purposes. For example, to fulfill an order you place with us. Or, we may use your information to contact you about a purchase. We may also use your information to notify you if you win a promotion. To tell you about new products and services. We may send you updates about our sites or new products. We may also send you other information which we think you might find interesting. We may contact you using the contact information we have about you. We may also customize our website to show you products or information we think you would find interesting. We might tell you about third party products or services we think you will like. For example, we might send you information about a deal that we are able to offer to our registered users. This may also include promotions we offer along with our partners. To protect our Sites and apps. We may use your information to protect our company and our customers. We also use information to protect our websites and apps. To operate our Sites and serve our advertisements. For example we use information we collect to analyze trends and improve site layout. We also monitor traffic patterns at our sites to personalize our site. We sometimes work with third parties to help us with our site monitoring activities. Our monitoring may include tracking your online activities, either ourselves or with the help of our vendors. If you subscribe with us, we'll enroll you in our email newsletters. When you have given us permission, we might authorize other companies to contact you directly. For example, if you register online we might give you the option of receiving marketing information from trusted business partners. We may share information within the Callaway family of companies. This includes Callaway Golf Company; Callaway Golf Europe Ltd.; Callaway Golf Gmbh; Callaway Golf Canada Ltd.; Callaway Golf (Guangzhou) Technology Service Co., Ltd.; Callaway Golf India Private Limited; Callaway Golf K.K. MG; Callaway Golf Korea Ltd.; Callaway Golf Malaysia Sdn. Bhd.; Callaway De Mexico, S.A. DE C.V.; Callaway Golf (Shanghai) Trading Co., Ltd.; Callaway Golf (Thailand) Limited; Callaway Golf South Pacific Pty Ltd.; Callaway Apparel K.K; TravisMatthew; and Callaway Golf Interactive. We may share information with third parties who perform services on our behalf. For example, we may share information with vendors who send emails for us or process orders. We may also share information with companies that operate our websites or run a promotion. You can contact us if you want to learn more about how our service providers use your information. We may share information with our business partners. For example, we may share information with third parties who co-sponsor a promotion. These partners may send you information about events and products by mail or email. For example, we will share your information with operators of co-branded websites that offer merchandise to you. We will also share your information with trusted third parties in whose products or services might be of interest to you or for joint promotional purposes. We may share information with third parties for their marketing purposes. These third parties may include our retail partners. These third parties may also share your information with others. These third parties may use the information for their own marketing purposes or the marketing purposes of others. This may include the delivery of interest based advertising. Third parties' use of your information is governed by those parties' privacy policies. We will share information we have to in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. We may share it if a government agency or investigatory body requests. We might share information when we are investigating potential fraud. Information posted to message boards is publicly viewable. We may allow you to submit comments on our sites. Please remember that any information that is disclosed in these areas becomes public information. Do not submit any personal information. We may share information with any successor to all or part of our business as permitted by law. For example, if part of our business was sold we may give our customer list as part of that transaction. Where legally required, we will give you prior notice and if you have the legal right to do so, allow you to object. We may share information for other reasons we may describe to you. Opting out of marketing emails. You can opt out of marketing emails by following the instructions in any marketing emails you receive. You can also opt-out by sending us an email. To request changes to or to review your information, please send us an email. You may also log into your account and change your settings. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions.
Privacy policy
Effective November 1, 2006 (last updated November 15, 2017)
INFORMATION WE COLLECT.
HOW WE COLLECT YOUR INFORMATION.
WE COMBINE INFORMATION.
USE OF INFORMATION COLLECTED.
SHARING INFORMATION.
YOUR CHOICES.
Welcome to http://www.travismathew.com (the "Website"). The Website is owned and operated by travisMathew, LLC, and its subsidiaries and affiliates (collectively referred to herein as "TravisMathew," "we," "us" and "our").
By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement (the "Agreement") and any and all rules, guidelines and directions found throughout the Website. Please read this Agreement carefully. This Agreement applies to all users of the Website, including users who are viewers of material on the Website and users who register for the Website as set forth below in Section 6.
By using the Website you also represent that you are at least 13 years old. TravisMathew does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. YOU MAY NOT USE OR REGISTER FOR THE WEBSITE IF YOU ARE UNDER THE AGE OF 13.
In addition, when you use any current or future version of the Website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt of data, materials and information available at or through the Website.
Trademarks. TravisMathew and other trademarks, service marks, trade names, and trade dress indicated on our Website are trademarks or registered trademarks of TravisMathew and its affiliates. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark owned or controlled by TravisMathew or any third party.
Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Website are the copyrighted property of TravisMathew or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of TravisMathew or any third party.
The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of TravisMathew or its lawful successors and assigns.
For usage permission, please contact us via e-mail at info@travismathew.com
We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
Our copyright agent for notice of claims of copyright infringement on the Website is TravisMathew's General Counsel, who can be reached as follows:
You do not have to register to view the Website. You can visit the Website, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the Website, including but not limited to the ability to purchase products through the Website. To register, you must create a user account, which requires you to provide your e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TravisMathew immediately of any breach of security or unauthorized use of your account. TravisMathew will not be liable for any losses caused by any unauthorized use of your account. TravisMathew reserves the right to refuse registration or terminate a user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time.
We welcome your comments and feedback about the Website and our products. In addition, in some places the Website enables users to post comments and product reviews which may be viewed by other users. Any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") posted to the Website or sent to us, whether through the Website, e-mail, facsimile, U.S. mail or by other means, shall be and remain the exclusive property of TravisMathew. Your submission of any such Comments shall constitute an irrevocable assignment to TravisMathew of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, TravisMathew (and its licensees, distributors, agents, representatives and other authorized users) will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential materials such as product ideas, concepts, data, technical information, suggestions, photographs, artwork, stories, videos, audiovisual works, sound recordings, program formats, characterizations and/or other similar materials ("Unsolicited Submissions").
If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any material constitutes an Unsolicited Submission, such material shall be conclusively deemed to be an Unsolicited Submission. No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Unsolicited Submission. Without limiting the foregoing, you hereby grant TravisMathew (and its licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Unsolicited Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Unsolicited Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements.
The effective date of these terms and conditions is: August 29, 2019
The TravisMathew loyalty program in the U.S. ("Program") is brought to you by travisMathew LLC ("TravisMathew" and/or "we" or "us"). The Program is governed by these TravisMathew Loyalty Program Terms & Conditions ("Program Terms"). [We should discuss the entities listed on the site. TravisMathew is the entity listed in the website terms of use, but Callaway is listed as the entity in the privacy policy. By participating in the Program, you agree to these Program Terms.
Please read these program terms carefully. they affect your legal rights and require binding arbitration of claims associated with the program, waiving class action claims associated with the program, and waiving the right to trial by jury to the fullest extent permitted by law. you agree that any and all claims or disputes that arise out of or relate to your participation in the program must be resolved through mandatory, binding arbitration, rather than litigation in court. that means that an arbitrator, not a judge or jury, will decide any claim associated with the program. see section 13 below for more details.
The Program is void where prohibited by law.
The Program is a customer-reward program that is available to eligible TravisMathew customers (see Section 2 below for full eligibility details). You can create a Program membership account ("Program Account"):
Eligible customers who sign up for a Program Account ("Members") will be able to earn points ("Points") with each Earning Activity (as defined below). When you have earned the requisite amount of Points, those Points will be converted into store rewards ("Reward") that you can use to make Authorized Purchases (as defined below).
The Program is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are the age of majority in their jurisdiction of residence. You must provide us with all required information to register for a Program Account. First name, last name, a valid email address and phone number are required to set up a Program Account. Additional information, such as date of birth and gender are not required. However, you will be able to receive additional Program's benefits should you choose to provide this. There is no cost to enroll and no purchase is necessary to enroll. When you enroll in the Program and create a Program Account, you are agreeing to receive e-mail messages related to the Program from TravisMathew. Members who have opted-out of receiving marketing emails from TravisMathew will still be able to participate in the Program and receive messages about their Program Account (e.g., Points balance, usage, and news about changes to these Program Terms). There is a limit of one (1) Program Account per individual/email address/phone number. You agree that you will not participate in the Program under more than one (1) Program Account. Corporations, groups, and associations are not eligible to register for a Program Account.
You agree you will not sell, transfer or assign your Program Account, any rewards or any membership rights. Points and Rewards are not your personal property, are not descendible, and may not be inherited, bartered, purchased, or sold. For online users, you are responsible for maintaining the confidentiality of any login credentials and for restricting access to your computer (or other device, as applicable) so that others may not access your Program Account.
Points for Earning Purchases at TravisMathew.com or through TravisMathew's call center qualify for Points once all items have shipped, which means that items in the same transaction that are shipped separately will all qualify for Points after the final item(s) have shipped. The timing of Point qualification for Additional Earning Activities may vary, but will appear in your Program Account within approximately thirty (3) business days of your completion of an Additional Earning Activity. You may view your Program Account summary by logging in at TravisMathew.com and navigating to the Rewards Dashboard or by calling our Customer Service team at at 1-877-969-1952.
After your points are automatically converted to Rewards, those Points will be removed and [describe how consumers will be notified of availability of the Reward, e.g., the corresponding Rewards will be sent to you via email, and accessible on your Program Account online (or by other means in our sole discretion) approximately 30 days after the conversion OR you will be notified via email of the corresponding Reward, which will be accessible on your Program Account online and at checkout in stores]. If you earn multiple Rewards at a time, they will be combined and included within one (1) email. Rewards will be issued with unique promo codes that can be used in-store, online or through our call center, as described in Section 5 below (each, a "Reward Coupon Code"). [Please revise as appropriate based on the method by which Rewards will be issued to/available to Members.] Each Reward Coupon Code may be used once by the Program Account holder.
Points will be converted on a "first in, first out" basis, such that the first Points earned will be the first Points converted to a Reward. Once converted, your Points balance will be reduced by the number of Points used to obtain the Reward(s). In the event of a return, refund, or credit adjustment results in insufficient Points for the Rewards converted, the conversion may not be fulfilled. If the Reward is fulfilled and we later discover that you did not have sufficient Points for the Rewards in your Points balance, in addition to any other actions we may take, future Points earnings will be applied to the Rewards until such time as sufficient Points are earned to cover the redemption of the Rewards. Points will not be converted into Rewards until you again have a positive balance. Points you earn may not be combined with Points earned by anyone else for purposes of receiving Rewards, or any other purposes. Points earned have no cash value, and cannot be purchased, sold, bartered or redeemed for cash, unless required by applicable law. If Points earned are determined to be unauthorized or fraudulent, you will not earn a Rewards for those Points.
See Exhibit A for current information regarding benefits, how Points are calculated, how many Points must be accrued to earn a Reward, and the value of a Reward. We may change the manner in which Points are calculated, how many Points must be accrued to earn a Reward, and the value of a Reward at any time.
[For the following, we need some confirmation on the policy of points/rewards expiration. E.g., will only converted Rewards expire after a period of inactivity? And/or will unconverted Points expire? Once we have a better handle on the policy, we can revise to accurately reflect.] if you do not take action to earn points through an earning activity for twelve (12) months, any unused points [or rewards?] in your program account (i.e., points not converted to rewards) will expire [pls confirm this is what is intended, versus, e.g., unused points expiring 12 months after they were earned]. rewards will expire forty-five (45) days after points have been converted to a reward. members will receive a reminder email five (5) days before each reward expires.
If you return a purchase for which you earned Points in accordance with TravisMathew's then current return policy, the Points associated with your Program Account will be reduced by the number of Points equivalent to the amount of the refund you receive. In the event of an even exchange, any Points earned in association with the original purchase will remain. In the event of an exchange of an item of lesser value, the difference in value from your original purchase will be deducted from your Program Account. In the event of an exchange for an item of greater value, any additional expenditure will accrue Points in accordance with these terms. Any new promotional offers in effect at the time of an exchange will not apply, nor modify your Program Account balance.
Our transactional records will be considered conclusive if there is a dispute about the number of Points or the number or value of any Reward earned, redeemed or deducted. You should retain your copy of the receipt(s) and any other document which evidences your Point balance. Call us at [insert phone number] within thirty (30) days from relevant transaction date if you have any questions or concerns about your Points or Rewards.
We accept no liability for any errors in the number of Points or any Reward disclosed to you.
[For this next section, we made some assumptions on how the redemption process will work, but please review carefully and revise as necessary to reflect the operation of the TravisMathew program.]
Unexpired Rewards may be applied to purchases of TravisMathew merchandise at a TravisMathew retail store in the United States, at TravisMathew.com, or through our call center [confirm], as long as your membership remains effective, and the Reward has not expired (each an "Authorized Purchase"). Rewards cannot be applied to previous purchases, existing special orders, charity items, credit card payments, coupons, layaway items, processing charges, delivery surcharges, shipping and handling, taxes, or state and any other applicable governmental fees. Rewards will be redeemed in United States dollars. Each Reward must be used in one purchase. Any remaining unused amount of a redeemed Reward will be forfeited (and no change will be given). Likewise, the member using a Reward is responsible for all charges in excess of the value of the Reward. TravisMathew store representatives have the right to deny any transaction or reject your use of any Reward in the event of any attempted or actual sale or transfer of any of your Points, Rewards, or your Program Account or misrepresentation or other fraudulent behavior by you.
The Reward will be in addition to other promotional credits or discounts offered at the time of purchase ("Other Rewards"), unless otherwise stated in the Other Rewards. The Reward will be applied after all Other Rewards are applied to the Authorized Purchase. Associates of TravisMathew cannot combine Rewards with an employee discount.
In-Store: To use a Reward when making an Authorized Purchase in one of our retail stores in the United States, you must present a printed/paper or electronic version of your unexpired Reward at the time of purchase. TravisMathew reserves the right to require the person using a Reward to show proof that they are the person associated with the Reward. After using the Reward, the TravisMathew representative will not return the printed/paper copy to you. TravisMathew store representatives have the right to deny any transaction or reject your use of any Reward in the event of any attempted or actual sale or transfer of any of your Points, Rewards, or your Program Account or misrepresentation or other fraudulent behavior by you.
Online: To use a Reward when making an Authorized Purchase on TravisMathew.com, you must enter the code associated with the Reward (the "Reward Code") in the "Promo code" box at checkout. TravisMathew reserves the right to require the person using a Reward to validate that they are the person associated with the Program Account into which the Reward was deposited.
[Delete if inapplicable] Call Center: To use a Reward when making an Authorized Purchase through TravisMathew's call center, you must communicate the Reward Code to the call center agent. TravisMathew reserves the right to require the person using a Reward to validate that they are the person associated with the Program Account into which the Reward was deposited.
You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using Rewards or Other Rewards.
Except where required by applicable law, neither Points nor Rewards have any monetary or cash value and they may not be redeemed for cash or, except under the Program, do not have any cash equivalent. Program Accounts and Rewards are non-transferable. Rewards can only be used by the Program Account holder for Authorized Purchases made in-person or online by that Program Account holder.
In addition to termination of the Program pursuant to Section 8, below, TravisMathew may also revoke your ability to participate in the Program for any of the following reasons, in TravisMathew's sole and absolute discretion: (i) your use of any "bot," macro, script, or other automated, robotic, mechanical, or programmed means to participate in the Program or earn Points or Rewards; (ii) your failure to comply with these Program Terms and any other terms and conditions applicable to the Program; (iii) the attempted or actual sale or transfer of any of your Points, Rewards, or your Program Account; (iv) any misrepresentation or other fraudulent behavior by you; (v) repeated attempts to enter void codes; (vi) creation of multiple or fake Program Accounts; or (vii) any other conduct deemed by TravisMathew, in its sole discretion, to be: an abuse of the Program, detrimental to the interests of TravisMathew or its customers, fraudulent, illegal, or otherwise improper.
If your ability to participate in the Program is revoked, any unused Points or Rewards will automatically expire and your future participation in the Program may be prohibited, in the sole and absolute discretion of TravisMathew.
TravisMathew is not responsible for Points or Rewards that expire, are lost, or are redeemed due to fraudulent activity. Suspected illegal, fraudulent or other unauthorized use or misuse of Points, Rewards, or any other activity inconsistent with these Program Terms may, in the sole and absolute discretion of TravisMathew, result in termination of your participation in the Program. Such termination will result in the loss of all accumulated Points earned and Rewards issued but not yet redeemed.
You agree that TravisMathew's decisions relating to the Program are final.
You may elect to close your Program Account at any time by [please provide details, e.g., by calling TravisMathew at ____________________ or emailing TravisMathew at _________________]. Upon any closure or termination of your Program Account, any Points and Rewards associated with your Program Account will automatically expire and be forfeited. If you later elect to re-enroll in the Program, you will not have access to any Points or Rewards associated with your terminated Program Account and your beginning balance of Points and Rewards will be zero (with the exception of any welcome rewards added to your new account).
You may access and update your Program Account information, including your email address at a TravisMathew retail store, by emailing our Customer Service Team at [insert email], or by calling us at [insert phone number]. It is your responsibility to keep your member information current, complete and accurate. You are solely responsible for any and all activities that occur under your Program Account.
You may view your membership activity via monthly Program Account status email communications, by logging-in to the Site and viewing your loyalty profile, or by calling our Customer Service Team at [insert phone number]. A current, valid email address is required for a member to receive certain notices in the Program, including without limitation information about certain Additional Earnings Activities.
This program is made available to you, on an "as is," "as available" basis, without representations or warranties of any kind, express or implied. to the maximum extent permitted by applicable law, Travismathew llc, and its affiliates, parents and subsidiaries (collectively, the "Travismathew businesses") make no representation about the suitability of the program for any purpose. to the maximum extent permitted by applicable law, the Travismathew businesses shall not have any liability or responsibility for any errors or omissions in the program, for your action or inaction in connection with your participation in the program or for any damage you may incur in connection with the program. your participation in the program is at your own risk. to the maximum extent permitted by applicable law, in no event shall either the Travismathew businesses or their agents or third party providers or licensors be liable for any direct, indirect, incidental or consequential damages arising out of or in any way connected with the program, the delay or inability to participate in the program or otherwise arising in connection with the program, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.
To the maximum extent permitted by applicable law, this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. you specifically acknowledge that Travismathew businesses are not liable for the conduct of other program members. the limitation on damages in this section is not intended to limit the Travismathew businesses' obligation (if any) to pay prevailing party costs or fees, if recoverable pursuant to applicable law. the limitations set forth in this section will not limit or exclude the Travismathew businesses' liability for personal injury or tangible property damage caused by the Travismathew businesses, or for the Travismathew businesses'⬠gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct.
Each member understands and agrees that all rights under section 1542 of the civil code of california and any similar law of any state or territory of the united states are hereby expressly waived by him/her. section 1542 reads as follows:
"General release; extent. a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold the Travismathew businesses harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your participation in the program.
We reserve the right to modify, restrict, suspend, or otherwise change any aspect of the Program, and/or these Program Terms from time-to-time, including without limitation, the eligibility conditions for participation in the Program, the manner in which Members participate, the manner and rates at which Points and Rewards are earned and redeemed, redemption mechanisms, or what constitutes an Earning Activity, with reasonable notice to Members. We will notify you of changes to these Program Terms by posting them to the Site, notifying you by email to the email address then associated with your Program Account, and/or using any other contact information we may have for you. The updated Program Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by TravisMathew. The updated Program Terms will apply to your participation in the Program beginning as of their effective date or upon the occurrence of such other action specified by TravisMathew at the time. Should you not agree to such an amendment, you may cancel your participation in the Program as set out in Section 8. EXCEPT WHERE EXIGENCIES REQUIRE A SHORTER TIMEFRAME, WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM COMPLETELY BY PROVIDING YOU WITH FORTY-FIVE (45) DAYS' WRITTEN NOTICE OF AND INSTRUCTIONS REGARDING THE IMPENDING TERMINATION.
These Program Terms, your rights and obligations, TravisMathew's rights and obligations, and all actions contemplated by these Program Terms, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Program Terms were a contract wholly entered into and wholly performed within the State of California.
Any dispute relating in any way to your participation in or use of the Program or the products you purchase through the Program shall be submitted to confidential arbitration in Orange County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Orange County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Program Terms shall be conducted under the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. 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 Program Terms shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Information collected about you in connection with your Program Account and the Program is subject to the TravisMathew Privacy Policy, which may be updated from time-to-time. TravisMathew's Privacy Policy can be obtained at: https://beta.travismathew.com/privacy-policy or by sending us an email at [insert email address] and writing "Privacy Policy" in the subject line, or by writing to us at: TravisMathew Privacy Policy, c/o Callaway Golf, 2180 Rutherford Road, Carlsbad, CA 92008.
If any part of these Program Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Program Terms will govern such participation. Our performance under these Program Terms will be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.
TravisMathewââ¬â¢s performance of these Program Terms is subject to applicable existing and future laws and legal process, and nothing contained in these Program Terms is in derogation of TravisMathew's right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by TravisMathew with respect to such participation.
These Program Terms constitute the entire agreement between you and TravisMathew with respect to the Program. These Program Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TravisMathew with respect to this Program. No modification of these Program Terms will be effective unless it is authored by TravisMathew or its affiliates, or unless it is physically signed by a TravisMathew officer. Any alleged waiver of any breach of these Program Terms will not be deemed to be a waiver of any future breach. A printed version of these Program Terms and/or of any notice given by TravisMathew in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Program Terms or your participation in the Program to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by TravisMathew in printed form.
If you have any questions about your Program Account or the Program, please contact us at the store where you joined the Program, call us at [insert phone number] or visit the FAQ page on the Site [confirm].
This Program offers three (3) different membership tiers: Plus, Preferred and Executive. [How will people find out about the "hidden" tierâ¬â MVP?] Members who meet the spend threshold for Preferred or Executive membership as described below will immediately qualify for the corresponding membership tier. Within each tier, there are additional opportunities to earn Points, as well as special offers and other membership perks.
5 Points for every $1.00 US spent*
500 Points = $5.00 Reward
Rewards are currently issued in five-dollar ($5.00 US) increments. You may use a Reward or group of Rewards that exceeds the overall purchase price of the items at checkout; however, you will forfeit all unused portions of the Rewards used. For example, if you have an overall purchase price of $101, you can use 21 Rewards, but will forfeit the $4.00 remaining on the 21st Reward. [Please confirm the prior explanation of how Rewards work]
*Points are calculated based on the purchase price of the item(s) at the time of purchase, after discounts and coupons and before taxes and fees are applied. [How are points calculated for a purchase of $5.61, for example? Do you round down?]
In addition to exclusive promotional offers that TravisMathew may offer from time to time as determined in TravisMathew's sole discretion, membership in the Program has the following benefits, some of which are dependent on tier status:
