TMaG Interactive, LLC
Terms and Conditions of Website Usage
Thank you for visiting the Terms and Conditions ("Terms") page of TMaG Interactive, LLC ("TMaG Interactive"). Your access and use of the TMaG Interactive website at shop.taylormadegolf.com (the "Website") is subject to the following terms and all applicable laws. By accessing and/or using the Website, you accept these terms without limitation or qualification, as well as such additional or amended terms and conditions as TMaG Interactive may from time to time publish. Certain services or other offerings made available on the Website may have additional terms and conditions that apply, and which can be viewed either on the pages containing such services or offerings, or via a link on those pages or other directions to the additional terms and conditions.
Intellectual Property
The Website is owned and operated by TMaG Interactive, and is protected by copyright under United States and international laws and treaties -- 2004 TMaG Interactive, LLC. All rights reserved.
All rights not expressly granted herein are reserved. Materials from the Website may not be copied, distributed or transmitted in any way without the prior written consent of TMaG Interactive. No links to the Website may be created without the express written consent of TMaG Interactive. Users of the Website MAY download one copy of any and all materials on the site for personal, non-commercial use, provided they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice. No rights or licenses in any such material are granted or implied. All material on this Website is provided for lawful purposes only. Images of people or places in this Website are either the property of or used with permission by TMaG Interactive. The use or misuse of those images except as expressly authorized is prohibited. TMaG Interactive reserves complete title and full intellectual property rights in materials downloaded from the site.
TaylorMade, adidas Golf, and Maxfli and related marks are trademarks of Taylor Made Golf Company, Inc. d/b/a TaylorMade-adidas Golf Company ("TMaG") and/or adidas-Solomon AG and/or their affiliates. All other trademarks or registered trademarks referenced in this site are the property of their respective owners. Products offered via the Website are subject solely to their manufacturer's limited warranty, without additional warranty from TMaG Interactive, and are protected by a variety of patents and trademarks.
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to TMaG Interactive through this Website is not confidential. TMaG Interactive shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to TMaG Interactive and accepts responsibility for its accuracy, appropriateness and legality.
Resale Prohibited
Products sold from the Website may not be resold as new or distributed to or through dealers.
TMaG Interactive reserves the right to adjust your order to ensure compliance with these terms, and to refuse service to any individual. If you have any questions concerning use of the Website, please contact us.
Special Offers and Promotions
All prices shown on the Website are applicable solely for purchase by Users directly from TMaG Interactive through the Website. Special product or service offerings and promotions may be displayed from time to time on the Website and are considered discontinued and no longer valid once they are removed from the Website and/or as soon as the published expiration date for the offer/promotion expires. All offerings and promotions displayed on the Website are subject to change or cancellation at any time without notice.
Features and Specifications and Prices
Features, specifications and prices of products and/or services described or depicted on the Website are subject to change at any time without notice. Weights and measures are approximate. Other product and service limitations and disclaimers may apply.
Product Availability
The Website refers to products and/or services that are generally available for purchase in the 48 continental United States, Alaska, and Hawaii, though TMaG Interactive cannot guarantee the availability of a product at any given time. The reference to any products or services in this Website does not warrant or imply that these products or services will be available at any time in your particular locality. TMaG Interactive cannot guarantee specific dates when the products offered on this Website will be available and/or received by customers, even if the Website quotes a specific date.
Product Display/Colors
The Website attempts to display product images shown on the Website as accurately as possible. However, TMaG Interactive cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected. If you have any questions about product appearance/specifications, please contact us before placing your order. The Website does not contain images of each offered item.
Sales Tax Policy
Sales tax may be added to each order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and use tax for the purchase, subject to state and local tax rules.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Website reserves the right at any time after receipt of your order to accept or decline your order for any reason. You will normally not be charged if we reject an order, but we will process a refund if the charge has been made against you in error.
Validating Your Order
After you place an order, we will check the information you give us for validity. We may require additional verifications or information before accepting any order.
We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address, telephone number, and/or billing address you have given us with the order.
Paying for Your Order
You may pay for your order by MasterCard, Visa, American Express, or Discover credit and debit cards only. The accepted methods of payment may change at TMaG Interactive’s sole discretion.
Your card is not charged for your order until we are ready to ship our goods by delivering them to the carrier (and you will be charged only for the goods that will actually ship along with any appropriate taxes and shipping and handling charges). However, we will pre-authorize your order amount with your card issuer at the time you place the order and immediately prior to shipment, which may have an effect on your available credit line or your available balance in a bank account. Please contact your card issuer for more information.
Order Cancellation and/or Modification
We may be unable to cancel or modify any purchase from the Website after a TMaG Interactive agent has processed your order or it has been released/sent to the warehouse until you receive your purchases and, if necessary, returned to us. Hence, you might not be able to modify your order after you click on the Submit Order button. If you are not completely satisfied with your purchases after receiving your order, please review our Return Policy.
Return Policy
We guarantee your satisfaction. Unused product may be returned for a refund within 30 days of purchase.
Returns will not be accepted without prior authorization and TMaG Interactive's issuance of a Return Goods Authorization (RGA) number that must be written on the box. To obtain an RGA number, please contact us. You are responsible for any freight and insurance charges required to return products. Upon receipt and verification of your return, we will issue a credit to your credit/debit card account for product returned with a proper RGA number, less a 15% restocking fee with a minimum restocking fee of $10.00. Individual bank policies will dictate when the net amount is credited to your account.
In the event that we ship you the wrong product(s) compared to the receipt of your original order, you may return the product(s) within 30 days of purchase without a restocking fee after obtaining an RGA number. Upon issuance of an RGA number, we will send you a pre-paid shipping label for returning the product(s), and once your return is received and verified, we will issue a credit to your credit/debit card account for product returned with a proper RGA number. Individual bank policies will dictate when this amount is credited to your account.
All unauthorized returns of merchandise will be returned to sender and a credit will not be issued. TMaG Interactive is not responsible for merchandise returned with out a return authorization.
Order Processing
Please allow up to 2-3 business days for order processing before shipping.
If you have questions regarding the status of your order, please contact us.
Shipping
All orders placed on this Website are subject to product availability and will be shipped F.O.B. our shipping facility. The risk of loss and title for ordered merchandise pass to you upon our delivery to the carrier. This means that product damaged in transit is the carrier’s responsibility and is an issue to be resolved between you and the carrier.
Should a carrier not meet its delivery performance requirements, i.e., next day air before 10:30am, this is an issue to be resolved between you and the carrier.
When your orders ships, you will be emailed a shipment tracking number, if the carrier supports that capability.
Shipping & Handling Costs
Shipping and handling costs per order from the Website depend in part upon the products and shipping methods chosen, and please note that shipping and handling costs for many items are quantity-, weight- and/or size-based. Here are the current shipping and handling costs charged on the Website per order:
| Region | Qty. | UPS Ground | UPS 3 Day Select | UPS 2nd Day Air
(End of Day) | UPS Next Day Air
(Before 10:30am*) |
Continental
48 States | 1-10 | $6.00 FREE**
| $9.00 | $12.00 | $15.00 |
11-20 | $10.00 FREE**
| $12.00 | $15.00 | $20.00 |
| Alaska & Hawaii | 1-10 | Not Available | $15.00 | $20.00 |
11-20 | Not Available | $20.00 | $25.00 |
| Entire USA | 21+ | Contact us for a quote. $50.00 will be added to your order as an estimate. |
| Notes: | *Before 12:00 noon in Hawaii or Alaska.
** For a limited time. |
TMaG Interactive does not ship outside the United States of America. TMaG Interactive may change these rates at its sole discretion. If you have any questions about costs, please contact us.
Prohibited Activities
You agree not to: (i) share usernames, passwords or other access credentials that allow access to any protected portion of the Website by any unauthorized third party; (ii) engage in or facilitate spamming; (iii) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; (iv) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (v) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity or intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content transmitted to or via the Website; (vi) disseminate or transmit any content without the right to do so; (vii) send harassing and/or threatening messages to others; (viii) post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; (ix) engage in flooding’, i.e., ICMP flooding and mail bombing (flooding as used herein is defined as sending large amounts of email repeatedly to the same email address).
Content Restrictions
You agree not to post, disseminate or transmit any content that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (ii) infringes or violates any party's author’s right, trademark, trade secret, patent or other proprietary right, including but not limited to using third party materials protected by author’s right law without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information whether or not protected as a trade secret in violation of a duty of confidentiality; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information belonging to minors.
Unlawful Behavior
You agree not to: (i) use the Website for any illegal purpose, in violation of any applicable laws or regulations including but not limited to, regulations promulgated by the Securities Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (ii) publish web pages that contain links that initiate downloads of infringing or other illegal material; (iii) electronically stalk or otherwise electronically harass another; (iv) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or (v) conduct Internet raffles or contests that violate applicable laws.
Disruptive Behavior
You agree not to: (i) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Website; (ii) use Internet Relay Chat (IRC) bots via the Website, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (iii) hinder the ability of others to use IRC; (iv) disrupt the normal flow on the Website of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (v) run any program on the Website that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers or simulated multi-user environments; (vi) interfere with, disrupt, or harm in any way the Website or servers or networks connected to it; (vii) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (viii) use the Website in violation of the rules of any other website providers, websites, chat rooms or the like; (ix) use the Website to access the accounts of others without permission; (x) attempt to penetrate security measures of TMaG Interactive or another entity, or obtain or bypass others’ passwords; or (xi) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
Disclaimer and Limitation of Liability
BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TMAG INTERACTIVE DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. TMAG INTERACTIVE DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE WEBSITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE WEBSITE. TMAG INTERACTIVE SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS. NO VERBAL INFORMATION PROVIDED BY TMAG INTERACTIVE SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL TMAG INTERACTIVE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TMAG INTERACTIVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE.
Applicability of Content
Information on this site includes description of products and services that may be available in the United States of America only. This site is operated in the State of California, United States of America, and TMaG Interactive makes no representation that the content provided is applicable or appropriate for use in other locations.
Privacy
We realize that consumers are concerned about how the information they provide online will be used. Please read our Privacy Policy for more details.
Intended for Users Over 13
The Website is intended for use by individuals of at least 13 years of age or older. The Website is not directed for use by children under the age of 13. Users under the age of 13 must get the assistance of a parent or guardian to use the Website. Please refer to our Privacy Policy for more information. TMaG Interactive may provide products for children, but it sells them to adults only, who may purchase with a credit or debit card.
Errors on the Website
We try to ensure that the information on the Website is accurate, complete and current. Despite our efforts, there will be instances when information about an item contains inaccurate or incomplete data, including data about the item's price or availability. We make no warranty or guarantee that the information on this Website is error-free, complete, or current.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we will attempt to correct the error where discovered. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit/debit card charged. If your credit/debit card has already been charged for the purchase and your order is canceled, we will issue a credit to your card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy.
Prices and availability are subject to change without notice.
No Online Price Guarantee - Pricing available through this Website may not be the same as prices available through TMaG Interactive sales agents, TMaG sales agents, phone orders, or promotional offers. TMaG Interactive does not have a price match guarantee.
No Program/Promotion Guarantee -- Programs/promotions available through TMaG sales agents or phone orders may not be available through this Website and vice versa. TMaG Interactive does not have a program/promotion guarantee.
Enforcement of Provisions
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. Any and all dispute(s) concerning the validity or interpretation of these Terms, or performance hereunder, shall be brought exclusively in a court of competent jurisdiction located in the County of San Diego, State of California, which shall constitute the exclusive venue for any such dispute(s). If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. TMaG Interactive may revise these Terms at any time by updating this posting.
TMaG Interactive may terminate these Terms at any time, without notice and for any reason. You agree that if any part of these Terms are found to be unenforceable, the remainder of these Terms will remain in full force and effect.
If you have any questions concerning these terms, you may contact our Legal Department:
TMaG Interactive, LLC
Attn: Legal Department
5545 Fermi Court
Carlsbad, CA 92008-7324
USA
Phone: +1 760-918-6000
Fax: +1 760-918-6008
