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.
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.
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.
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.
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.
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.
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.
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
Use Of Site Content
Contests, Sweepstakes And Other Interactive Transactions
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.
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.