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GOLFSMITH.COM SITE TERMS OF USE

Terms of Use

This site is owned and operated by Golfsmith International, Inc. ("Golfsmith"). These terms of use apply to and govern your, and any authorized user of your account, use of this site, including all services provided therein ("site"). Your use of this site signifies your agreement to be bound by these terms of use. If you do not agree to be bound by these terms of use, do not access or otherwise use this site. Golfsmith reserves the right, at its sole discretion, to change, modify, add or remove any portion of this site or these terms of use, in whole or in part, at any time. Changes to these terms of use will be effective when posted. You agree to review these terms of use periodically to be aware of any changes. Your continued use of this site after any changes to these terms of use are posted will be considered acceptance of those changes. Before using this site, review the Golfsmith Privacy Statement.

Golfsmith grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon for your personal use only, provided that you comply fully with these terms of use. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Golfsmith. Golfsmith cannot and does not screen content provided by users of the site. Notwithstanding the foregoing, Golfsmith reserves the right to monitor content on the site and to remove content which Golfsmith, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these terms. In order to maintain an informative and valuable service that meets the needs of the users of the site and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

  • Unless you are participating in an area of the site that requires or encourages anonymity, use your real name in online communications. (Parents, if you are concerned about your child's use of this site, please see our Privacy Statement.)

  • You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which may be deemed indecent, obscene or pornographic.

  • You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

  • You may not interfere with other users use of the site.

  • You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.

  • You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the site's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, Golfsmith reserves the right to take such action as it deems appropriate in cases where the site is used to disseminate statements which are deeply and widely offensive and/or harmful.

  • You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the site for goods or services except in those areas (e.g., a classified bulletin board), if any, that are designated for such purpose.

  • You may not list or send unsolicited mass emailings to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients.

  • You may not use the facilities and capabilities of the service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.

  • You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the site in any manner not allowed for herein.

  • Golfsmith controls the operation of this site from its headquarters in Austin, Texas, in the United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.

USER SUBMISSIONS

Any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary communications. Golfsmith shall have no obligations with respect to the communications. Golfsmith and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of your submission, as provided herein. Golfsmith is under no obligation to post or use any submission you may provide and Golfsmith may remove any submission at any time in its sole discretion.

DISCLAIMER

You understand that Golfsmith cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the site and the Internet. Golfsmith does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, any merchandise, information or service provided through the site or on the Internet generally, and Golfsmith shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Golfsmith does not warrant that the site will be uninterrupted or error-free or that defects in the site will be corrected. The site and any software made available on the site are provided on an "as is, as available" basis.

The documents and related graphics published on this site may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. Golfsmith and/or its respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time.

Some links on this site may let you leave Golfsmith's site. The linked sites are not under the control of Golfsmith and Golfsmith is not responsible for the contents of the linked site, any linked site contained in a link site, or any changes or updates to such sites. Golfsmith provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Golfsmith of the site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Golfsmith has no control over and accepts no responsibility whatsoever for such materials.

Golfsmith strives to avoid errors in pricing and product information, but mistakes sometimes happen and Golfsmith reserves the right to correct them. We apologize for any inconvenience it may cause. In the event an order is placed with Golfsmith on an item where an errant price has been advertised, you agree that Golfsmith’s sole responsibility to you will be to promptly notify you of the pricing error and allow you the option to either purchase the item at the correct current Golfsmith price or choose to withdraw your order of the item that was subject to the pricing error.

LIMITED LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Golfsmith be liable for any indirect, special, exemplary, or consequential damages that result from the use of, or the inability to use, the site, the site materials, or the software, even if Golfsmith has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or exemplary, incidental, or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Golfsmith's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Golfsmith's liability is limited to the greatest extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Golfsmith, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
The provisions of these Terms of Use are for the benefit of Golfsmith and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

TERMINATION

You understand and agree that Golfsmith may, in its sole discretion and at any time, terminate your password, Account or use of any forum, and discard and remove any content posted or submitted by you to any forum, for any reason. Golfsmith may also, in its sole discretion and at any time, discontinue any forum or limit or restrict any users access thereto, for any reason. You understand and agree that Golfsmith may take any one or more of these actions without prior notice to you. Should Golfsmith take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your Registration Information and submitted content. You understand and agree that Golfsmith shall not have any liability to you or any other person for any termination of your access to any forum and/or the removal of information concerning your account.

MISCELLANEOUS

These terms of use shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Austin, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

COPYRIGHT

The copyright in all material provided on this Site is held by Golfsmith International, Inc. (“Golfsmith”) or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Golfsmith or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Golfsmith's permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

TRADEMARKS

All third party trademarks are the property of their respective owners.

Many of the marks found throughout the website are marks of Golfsmith, whether registered or pending registration in the U.S. or foreign countries, or whether rights have been acquired solely through use of the marks.  Use of the trademark symbols “®” or “™” is limited to one or two prominent trademark usages for each mark per page.  However, Golfsmith still retains rights in the mark whether or not the “ TM” or “®” is used.  Use of these trademarks is prohibited unless otherwise authorized in writing by Golfsmith.

Pursuant to certain requirements of distribution partners, Golfsmith has included the “™” and “®” symbols on the first or most prominent use of distribution partners' trademarked terms.

A list of some of Golfsmith's U.S. trademarks follows.  Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of Golfsmith should be referred to the Golfsmith Legal Department at (512) 837-8810.

United States Trademarks


ALL THINGS FOR THE WOMAN GOLFER ®
ART SCIENCE INGENUITY ®
A-S-I ®
BLACK CAT ®
CLUBMAKER ®
CRYSTAL CAT ®
DRIVE ®
DRY-18 ®
GOLFSMITH ®
J.G. HICKORY ™
KILLER BEE ®
LYNX ®
MAGGIELANE ™
MAMBA ®
PARALLAX ®
PREDATOR ®
PROFINITY TM
QUICK STRIKE ®
SNAKE EYES ®
TIGRESS ®
TOUR CAVITY ®
TOUR TREK ™
VIPER ®
XPC ®
ZEVO ®
ZTECH ™

Use Of Site Content

Golfsmith maintains this site and its contents for your personal information, entertainment and education. You may view and download material displayed on the site for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, retransmit, republish, reuse, repost, or use the contents of this site for public or commercial purposes, without Golfsmith’s prior written permission.  You may not alter or interfere with the content or functioning of the site, or "mirror" any content contained on this site on any other server. The materials at this site are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of this Terms of Use, your right to use this site will terminate automatically.

Contests, Sweepstakes And Other Interactive Transactions
Golfsmith may offer you opportunities to vote on certain matters and also to enter contests and sweepstakes on this site. By casting a vote or entering contests or sweepstakes, you signify your agreement to all of the terms set forth on the site applicable to the balloting, contest or sweepstakes, as well as to the terms set forth in these Rules and in our Golfsmith Privacy Statement.

UNSOLICITED SUGGESTIONS/FEEDBACK AND PRODUCT IDEAS

All unsolicited suggestions, feedback, and product ideas are submitted to Golfsmith on a nonconfidential basis. All submissions are subject to the User Submissions policy included above.


UNSOLICITED SUGGESTIONS/FEEDBACK: All suggestions may be submitted to Customer Feedback.
UNSOLICITED PRODUCT IDEAS: Golfsmith is not accepting new product proposals at this time.

Interpretation

If any provision of these Rules is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use  (and the links contained herein) state the entire agreement between the parties relating to use of the site.  These Terms of Use may not be amended except as provided above.

Forward-Looking Statements

Statements contained on this Site regarding Golfsmith’s business that are not historical facts are "forward-looking statements" that are based upon information and expectations at the time they were first made or posted.  Actual results may differ materially as a result of certain risks and uncertainties. For details concerning these and other risks and uncertainties see "Management's Discussion and Analysis of Financial Condition and Results of Operations - Certain Factors Affecting Golfsmith" contained in the Company's most recent financial report (e.g. 10-K or 10-Q) filed with the Securities and Exchange Commission. Readers are cautioned not to place undue reliance on such statements that speak only as of the date first made or posted. The Company undertakes no obligation to republish revised forward-looking statements to reflect the occurrence of unanticipated events or circumstances that effect such statements.



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