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 [INSERT SHORT CODE], 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 [INSERT SHORT CODE]. 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 [INSERT SHORT CODE]. 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.