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TaylorMade Golf Ball Subscription Program

TERMS AND CONDITIONS

Last Updated: May 8, 2020

Introduction

The TaylorMade Golf Ball Subscription Program (the “Program”) is a U.S.-based recurring golf ball subscription program offered at the sole discretion of Taylor Made Golf Company, Inc. (“TaylorMade,” “we,” or “us”) and these Terms and Conditions (the “Terms”) govern your participation in the Program. By participating in the Program, you agree to be bound by these Terms.

We have the right to change or modify these Terms and Conditions or terminate the Program at any time, for any reason, without prior notice. If we change the Terms, we will give you notice by posting the new Terms here. Those changes will go into effect on the “Last Updated” date shown in the revised Terms. By continuing to participate in the Program, you are agreeing to the revised Terms.

Eligibility

To participate in the Program, you must be at least the age of majority in your state of residence. Membership is limited to individuals. No corporations, businesses, organizations, or other groups are eligible to participate. By enrolling and participating in the Program, you represent that you meet these eligibility requirements.

Joining the Program

If you meet the eligibility criteria above, you may subscribe to the Program by completing all required information on the product detail page for the selected Available Product (defined below), agreeing to the Program Terms of Service (including, without limitation, these Terms) and clicking the “Pay and Subscribe” button (the “Subscription Transaction”). If you do not already have a taylormadegolf.com account, you must create one in order to join the Program. You must provide and maintain true, accurate, current, and complete information about yourself. Please note: you may not complete any other transactions during the Subscription Transaction, and you may not subscribe via the normal shopping cart functionality.

Available Subscriptions.

There are three available subscription plans (each, a “Plan”): a monthly plan, a bi-monthly plan (shipments every other month), and a tri-monthly plan (shipments every three months). The recurring term of the Plan you select is your “Plan Term.” The available product (“Available Product”) for each Plan is two dozen TP5 or TP5X balls, with personalization of text and logo and, as of May 15, 2020, the addition of a number selected by you (“MyNumber”). Licensed TP5 or TP5X product is not eligible for the Program. Currently, licensed TP5 and TP5X product includes collegiate and NBA product, but additional ineligible licensed products may be added in the future. TP5 and TP5X Pix product is also not eligible for the Program at this time. TaylorMade reserves the right to remove or add Available Product at any time by modifying these Terms.

Each shipment must be two dozen of one product (all TP5 or TP5X, not one dozen of each), with identical personalization. To change product selection or personalization, it will be necessary to cancel the current subscription and resubscribe, which you may do without penalty.

Shipping is included in the periodic fee for each Plan. Applicable sales tax will be calculated at time of purchase.

Purchases under the Program will earn points under the TaylorMade Loyalty Program according to its terms and conditions at https://www.taylormadegolf.com/shared-customer-service-customer-legal/loyalty-terms-and-conditions.html?lang=default. Without limiting the foregoing, officers, directors, and employees of TaylorMade and its respective parents, subsidiaries, and affiliates, as well as other individuals included in a TaylorMade discount group, including but not limited to TaylorMade staff professionals, American Junior Golf Association members, and those who receive a discount through their participation in a retail sales associate training group, are not eligible to participate in the TaylorMade Loyalty Program, and so will not earn points for any purchases under the Program.

Further, you cannot redeem loyalty points towards the periodic subscription fee for your Plan.

Billing and Payment.

By purchasing a Plan, you expressly acknowledge and agree that (A) your Plan has an initial and recurring payment feature, and TaylorMade (or our third party payment processor, Chargebee) is authorized to automatically charge your payment method for each Plan Term at the then-current subscription rate for your subscription as long as your subscription continues, and (B) your subscription is continuous and will be automatically extended for successive Plan Term periods until you cancel it.

You may cancel your subscription at any time, by logging into your account and following the instructions. The cancellation of a shipment should be made at least 5 business days before your next billing date reflected in your account settings. If you cancel your subscription less than 5 business days before your next billing date your cancellation will be taken into account after you have received your pending shipment and no refund will be provided. If you cancel, you may use your subscription until the end of your then-current Plan Term. TaylorMade may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before TaylorMade reasonably could act.

In the event you cancel your Plan subscription, please note that we may still send you promotional communications about TaylorMade unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Privacy and Consent to Marketing

The information you provide as a subscriber of the Program will be managed by TaylorMade as described in our Privacy Policy, available at https://www.taylormadegolf.com/shared-customer-service-customer-legal/privacy.html. Without limiting the foregoing, if you subscribe to a Plan, TaylorMade will share information about you and your order with our payment processor, Chargebee, including your name, email address, and credit card number. If you do not want TaylorMade to share your information with Chargebee, do not click on the “Pay and Subscribe” button.

By becoming a member of the Program, you consent to receive marketing communications from TaylorMade. You may unsubscribe from marketing communications at any time. For information about how to do so, please visit our Privacy Policy. By unsubscribing from marketing communications, the unsubscribed Program member will no longer receive marketing communications related to the Program.

Returns; Other Terms.

TaylorMade’s standard return terms, available at https://www.taylormadegolf.com/shared-customer-service-customer-returns/customerService-returns.html?lang=default, apply to all Plan purchases. Further, you agree to the TaylorMade Terms and Conditions of Website Usage found at https://www.taylormadegolf.com/shared-customer-service-customer-legal/terms-and-conditions.html?lang=default.

Disclaimer and Limitation of Liability

THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TAYLORMADE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

TO THE FULLEST EXTENT PERMITTED BY LAW, TAYLORMADE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING , WITHOUT LIMITATION, 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.

TO THE FULLEST EXTENT PERMITTED BY LAW, TAYLORMADE’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE DOLLAR AMOUNT YOU HAVE ACTUALLY PAID TAYLORMADE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

Venue and Choice of 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.

Without limiting the arbitration agreement set forth below, you agree that any action of whatever nature arising from or relating to these Terms or the Program will be filed only in the state or federal courts located in the County of San Diego, State of California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

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

By enrolling in and participating in the Program, you agree that all disputes you may have with, or claims you may have against TaylorMade arising out of or connected in any way with (a) the Program, (b) these Terms, 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 TaylorMade hereby waive any right to a jury trial of any Claim. All Claims shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”) in San Diego, California. 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. The parties 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, TaylorMade 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 TaylorMade from seeking action by federal, state, or local government agencies. You and TaylorMade also have the right to bring qualifying claims in small claims court. In addition, you and TaylorMade 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 these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor TaylorMade 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 TaylorMade’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effeche party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with TaylorMade. 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 AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TAYLORMADE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Questions?

If you have any questions about the Program, please contact Customer Service at 1-877-860-8624.

PLEASE MAINTAIN A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK HERE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

Call us

1-877-860-8624

To place an order or inquire about an existing order, call us toll free (within the USA) at
1-877-860-8624.

Customer Service Hours of Operation: M-F 6am-4pm PST. Closed weekends and most US Holidays.

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