TaylorMade Mobile Messaging Program
Terms and Conditions
Last Updated: November 4, 2020
The TaylorMade Mobile Messaging Program (the “Program”) is a service whereby SMS or MMS messages (also referred to as “Text Messages”) containing marketing or transactional messages from Taylor Made Golf Company, Inc. (“TaylorMade,” “we,” or “us”), are sent via an autodialer to your mobile device. Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.
To participate in the Program, you must be at least 13 years old and a resident of the United States. If you are at least 13, but less than 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 these Terms.
How to Sign-Up
You may sign-up for the Program by texting JOIN or GOLF to 6685 or by opting in via our website when prompted.
How to Opt-Out
You may cancel your participation in the Program at any time. To stop receiving future Text Messages from TaylorMade pursuant to the Program, text STOP to 67785.
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 number (unless you want to opt-in again by following the steps outlined above).
Acceptance by You
By signing-up for the Program, you agree to be bound by the terms and conditions herein (the “Terms”), and you consent to receive TaylorMade Text Message disclosures (“Disclosures”) electronically. If you do not consent to the Terms and do not agree to receive electronic Disclosures, you must immediately cease participating in the Program and contact us as provided below.
If you elect to receive Text Messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing Text Messages from us using an auto-dialer (and/or non-auto-dialer technology) to the mobile phone number you supply when you opt-in. These may include cart reminder messages. Message frequency varies.
You acknowledge that the Program is optional and your consent to the Terms is not in any way required as a condition of making purchases from TaylorMade at taylormadegolf.com.
Participating Carriers & Fees
The Program is not available from all carriers. The Program is currently available from ACG, AT&T, Boost, Cricket, Google Voice, Metro PCS, Rural Carrier Group, Sprint, Tier 2/3 Group (standard rate only), T-Mobile, US Cellular, Verizon Wireless, Virgin Mobile, and others. Neither TaylorMade nor the carriers are liable for delayed or undelivered messages.
Message and Data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence. Your carrier's rates apply. All charges are billed by and payable to your mobile service provider. TaylorMade does not charge you for sending or receiving text messages to or from 67785. Under no circumstances will we be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.
Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as deliver is subject to effective transmission from your network operator. Text Message services are provided on an “as is” basis.
If you change or deactivate the phone number you provided, 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.
Help or Information
At any time, you can text HELP to 67785 which will return the following information:
Please visit https://www.taylormadegolf.com/customerservice or call Customer Service at 1-877-860-8624. Msg frequency varies, Msg.&Data Rates May Apply. Text STOP to opt out.
Privacy and Consent to Marketing
Disclaimer and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TAYLORMADE 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.
TO THE FULLEST EXTENT PERMITTED BY LAW, TAYLORMADE’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS AND THE CLUB, 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 effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the 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.
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.
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