Acushnet Company Legal Information

Acushnet Company
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.

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.

Trademarks

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 ip@acushnetgolf.com. 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 ip@acushnetgolf.com; or
2. By sending a letter via U.S. mail to:

Copyright Agent
Acushnet Company
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.

FOOTJOY MOBILE MESSAGING PROGRAM

Terms and Conditions
Last Updated: 10/28/2024

Introduction

The FootJoy Mobile Messaging Program (the “Program”) is a service whereby SMS or MMS messages (collectively, “Text Messages”) containing marketing or transactional messages from Acushnet Company (“Acushnet”, “We”, “Us”, “Our”) are sent via an auto-dialer (and/or other automated and non-automated technologies) to your mobile device. By providing your phone number and opting in to the Program, you accept and agree to these Terms and Conditions (this “Agreement”). Message frequency will vary. We reserve the right to alter the frequency of Text Messages sent at any time. Message and data rates may apply.

Program Description:

Without limiting the scope of the Program, users that opt in to the Program can expect to receive Text Messages from Us and/or Our service providers concerning the marketing, promotion, payment, delivery, stock, and sale of gear and/or merchandise, checkout reminders, scheduled events, product fitting information, Our services, and other general information regarding Us, Our products, and the Program. You acknowledge that the Program is optional and your consent to this Agreement is not in any way required as a condition of making purchases from Acushnet. This Agreement and the Program are subject to change at any time without notice.

Eligibility

To participate in the Program, you must be at least sixteen (16) years old and a resident of the United States. If you are at least sixteen (16), but less than eighteen (18) years old (or the age of majority in your state of residence), you must also have the consent of your parent or guardian before enrolling in the Program, and your parent or guardian must read and agree to this Agreement.

How to Opt In to the Program

You may opt in to the Program by texting a designated keyword to 47954, or by opting in via Our website or mobile app, which also requires you to provide your mobile phone number and to agree to this Agreement.

How to Opt Out

You may opt out from participation in the Program at any time. To stop receiving future Text Messages from Acushnet pursuant to the Program, text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to 47954. Once you have taken this step, you will receive a final confirmation Text Message, and thereafter, no further Text Messages will be sent to your mobile phone number in connection with the Program (unless and until you opt in again by following the steps outlined above). After opting out of the Program, you may continue to receive Text Messages from Acushnet in connection with other mobile messaging programs to which you have opted in, unless and until you opt out separately from those programs.

You can also opt out of the Program by logging into your FootJoy account and updating your account settings, or by emailing Us at privacypolicy@acushnetgolf.com. You understand and agree that the foregoing options are the only methods of opting out of the Program. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Acushnet and its service providers will have no liability for failing to honor such requests.

Help or Information

For support regarding the Program please contact Us at privacypolicy@acushnetgolf.com or text the keyword HELP to 47954. Message and data rates may apply.

Acceptance by You

By opting into the Program, you:

1. Agree to be bound by this Agreement and Acushnet’s Privacy Policy;
2. Consent to receive Text Messages electronically from Us using an auto-dialer (and/or other automated and non-automated technologies) to the mobile phone number you provide when you opt in to the Program;
3. Acknowledge that you do not have to agree to receive Text Messages as a condition of purchase; and
4. Confirm that you are the subscriber to the phone number provided under the Program or that you are the customary user of that phone number and that you are authorized to opt in to the Program.

If you do not consent to this Agreement and do not agree to receive Text Messages in connection with the Program, you must immediately cease participating in the Program by opting out via the above procedures.

Participating Carriers & Fees

The Program is not available from all wireless carriers. The Program may be available to you if have a wireless device of your own, capable of two-way messaging, and are a wireless service subscriber of a participating wireless carrier with text messaging services. Check your mobile phone capabilities for specific text messaging instructions.

Message and Data rates may apply to our confirmation Text Messages related to opt in and opt out of the Program, and all other Text Message correspondence in connection with the Program. Your carrier's rates apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. All charges are billed by and payable to your wireless carrier. Under no circumstances will We be responsible for any Text Message or wireless charges incurred by you or by a person that has access to your wireless device or mobile phone number. If your wireless carrier does not permit SMS or MMS messages, you may not receive the Text Messages. The Program will send SMS messages if your mobile device does not support MMS messaging. The Program involves recurring Text Messages, and additional Text Messages may be sent periodically based on your interaction with Us. We reserve the right to alter the frequency of Text Messages sent by Us at any time.

Disclaimer of Warranty

Neither We, Our service providers, nor the participating wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages. Text Message services are provided on an “as is” basis, may not always be available in all areas, and may be discontinued in the event of product, software, coverage, or other change made by your wireless carrier(s).

If you change or deactivate the phone number you provided when opting in to the Program, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent Us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

Privacy

We respect your privacy. No mobile or customer information collected during your participation in the Program will be shared with any third parties or affiliates for their own marketing or promotional purposes, and no Text Message originator opt-in data or consent data will be shared with any third parties. Please see Our Privacy Policy for information on how we process non-Program data.

Disclaimer and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ACUSHNET COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT, INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBLIITY OF SUCH DAMAGES.

THIS PROGRAM 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 equipment, software, data, or other property on account of your access to, use of, or participation in the Program.

Venue and Choice of Law

This Agreement is governed and interpreted pursuant to the laws of the laws of the Commonwealth of Massachusetts, United States of America, without regard to the principles of conflicts of laws. Without limiting the arbitration agreement set forth below, you agree that any dispute arising in connection with this Agreement and the Program shall be heard only in a federal or state court of competent jurisdiction located in the Commonwealth of Massachusetts. By participating in the Program, you consent and submit to the personal jurisdiction of such courts.

Dispute Resolution – Arbitration Agreement, Jury Trial Waiver, and Class Action Waiver

PLEASE NOTE: THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AMERICAN ARBITRATION ASSOCIATION RULES (“AAA RULES”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ACUSHNET COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

By enrolling in and participating in the Program, you agree that all disputes you may have with, or claims you may have against Acushnet arising out of or connected in any way to (a) the Program, (b) this Agreement, or (c) the determination of the scope or applicability of this Agreement to arbitrate (each a “Claim”), will be resolved through binding and final arbitration instead of through court proceedings.

You and Acushnet hereby waive any right to a jury trial of any Claim. All Claims shall be submitted for binding arbitration in accordance with AAA Rules in the Commonwealth of Massachusetts. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and Acushnet agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Acushnet will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Acushnet from seeking action by federal, state, or local government agencies. You and Acushnet also have the right to bring qualifying claims in small claims court. In addition, you and Acushnet retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.

Neither you nor Acushnet may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Acushnet’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

Miscellaneous

This Agreement constitutes the entire agreement between us with respect to the Program. You warrant and represent that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Questions?

If you have any questions about the Program, please contact Us at privacypolicy@acushnetgolf.com.

PLEASE MAINTAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND CHECK HERE FREQUENTLY FOR ANY CHANGES TO HERETO.