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Terms and Conditions of Website Usage Agreement

Last Revised: January 19, 2018

Thank you for visiting the Terms and Conditions (the "Terms") page of adidas ("adidas"). Your access and use of any of our websites at adidasgolf.ca and all other adidas websites (the "adidas Websites") is subject to the following terms and applicable laws.

Certain services or other offerings made available on the adidas Websites 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.

BY USING THE ADIDAS WEBSITES, YOU ARE AGREEING TO THESE TERMS WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS SUCH ADDITIONAL OR AMENDED TERMS AND CONDITIONS AS TMAG MAY FROM TIME TO TIME PUBLISH.

Eligibility

You must be at least 13 years old to use the adidas Websites.  If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the adidas Websites with permission from your parent or legal guardian.

Intellectual Property

The adidas Websites are owned and operated by adidas and/or its affiliates, and are protected by copyright law and other Canadian and international laws and treaties. All rights reserved. Copyright in the content and the software provided are owned by or licensed to adidas.

Materials from the adidas Websites may not be copied, distributed or transmitted in any way without the prior written consent of adidas. No links to the adidas Websites may be created without the express written consent of adiads. Subject to the limitations and restrictions stated herein, users of the adidas. Websites 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.

Unless otherwise noted, products, product names, designs, logos, text, images, graphics, audio, video, code, domain names, organization, and user look-and-feel within the adidas Websites are the trademarks, service marks, trade names, copyrights, patents, or other property of adidas (“adidas Intellectual Property”).  Unauthorized use of the materials from the adidas Websites may violate copyright, trademark, and other laws.  Nothing on the adidas Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any adidas Intellectual Property displayed on the adidas Websites without the express, written permission of adidas.  All rights not expressly granted herein are reserved.

All material on the adidas Websites is provided for lawful purposes only. Images of people or places in the adidas Websites are either the property of or used with permission by adidas. The use or misuse of those images except as expressly authorized is prohibited. adidas reserves complete title and full intellectual property rights in materials downloaded from the site.

We pride ourselves on innovation and quality in the design and manufacturing of adidas products. Consequently, adidas golf products are protected by a variety of patents, trademarks, and other rights granted to adidas under international, federal, state, statutory, and common law. These rights not only recognize the innovation and distinctiveness of adidas's intellectual property rights in its products and brands, but also afford legal protection to adidas from infringements of these property rights. Our policy is to diligently enforce all intellectual property rights. We will work to locate and prosecute those who infringe on these rights.

The following is a non-exhaustive list of the trademarks owned or licensed by adidas that are used on or in connection with adidas products:

View Trademarks List

In accordance with Section 287(a) of Title 35 of the United States Code, the reader is hereby placed on notice of adidas rights in the United States Patents listed on this site and associated with the following products.

View Patents List

Other U.S. and Foreign patents pending.

adidas comprises three premium brands, adidas, are registered trademarks of adidas Golf Company, Inc. All other trademarks and service marks used herein are property of their respective owners.

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to adidas through this site is not confidential. adidas 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 adidas and accepts responsibility for its accuracy, appropriateness and legality.

Prohibited Activities

You agree not to: (i) share usernames, passwords or other access credentials that allow access to protected portions of any adidas 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; (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, tortious, 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 adidas Websites for any illegal purpose, in violation of any applicable laws or regulations including but not limited to, regulations promulgated by the Canadian Securities Administrators, the Securities Exchange Commission, any rules of any national or other securities exchange, including without limitation, the Toronto Stock Exchange, 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

As a further condition of your use of and access to the adidas Websites, 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 adidas Websites; (ii) use Internet Relay Chat (IRC) bots, 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 adidas Websites of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (v) run any program that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers or Multi-User Dungeons; (vi) interfere with, disrupt, or harm in any way the adidas Websites or servers or networks connected to them; (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 adidas Websites in violation of the rules of any other website providers, websites, chat rooms or the like; (ix) use the adidas Websites to access the accounts of others without permission; (x) attempt to penetrate security measures of adidas 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. 

Opinions, Views and Recommendations of Third Party Contractors

adidas, in its sole discretion, may utilize third party contractors for various customer service functions, including without limitation interactive chats with product specialists relating to product recommendations. Opinions, views and recommendations expressed by such third parties are not necessarily the opinions, views and recommendations of adidas, and adidas is not responsible for any such opinions, views or recommendations made by such third parties.

Disclaimer and Limitation of Liability

BY USING THE ADIDAS WEBSITES, YOU EXPRESSLY AGREE THAT USE OF THE ADIDAS WEBSITES IS AT YOUR SOLE RISK. THE ADIDAS WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADIDAS DOES NOT WARRANT THAT USE OF THE ADIDAS WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. ADIDAS RESERVES THE RIGHT TO CANCEL ANY ORDER FOR ADIDAS PRODUCTS PLACED ON THE ADIDAS WEBSITE AS A RESULT OF A MISTAKE OR ERROR, AS DETERMINED BY ADIDAS IN ITS SOLE DISCRETION. ADIDAS DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE ADIDAS WEBSITES OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE ADIDAS WEBSITES. ADIDAS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT POSSIBLE UNDER LAW. NO VERBAL INFORMATION PROVIDED BY ADIDAS SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL ADIDAS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE ADIDAS WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE ADIDAS WEBSITES 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 OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ADIDAS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER, THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF OUR OWN NEGLIGENCE. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE.

TO THE FULLEST EXTENT POSSIBLE UNDER LAW, ADIDAS 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 AMOUNTS YOU HAVE ACTUALLY PAID ADIDAS DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY. 

Products, Content and Specifications

 All features, content, specifications, products and prices of products and services described or depicted on the adidas Websites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the adidas Websites at a particular time does not imply or warrant that these products or services will be available at any time.  From time to time, certain product listings on the adidas Websites may show a product’s original price stricken through, alongside a reduced price.  These products may be non-current models and may be on permanent markdown. 

Applicability of Content

Information on this site includes description of products and services that may be available only in Canada. This site is operated in Canada, and adidas makes no representation that the content provided is applicable or appropriate for use in other locations.

Arbitration Agreement & Waiver of Certain Rights

You and adidas agree that, to the extent permitted by law, we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and adidas hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and adidas relating to these Terms or the adidas Websites (each a “Claim”) shall be submitted for binding arbitration in accordance with the Arbitration Act, 1991 (Ontario) in Toronto, Ontario. 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, adidas 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 adidas from seeking action by federal, provincial, or local government agencies. You and adidas also have the right to bring qualifying claims in small claims court. In addition, you and adidas 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 adidas 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 adidas’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 adidas.  

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 the APPLICABLE ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ADIDAS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

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. 

Enforcement of Terms and Conditions

These Terms are governed and interpreted pursuant to the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to its provisions concerning conflicts of law.

Without limiting the arbitration agreement set forth above, you agree that any action of whatever nature arising from or relating to these Terms or the adidas Websites will be filed only in a court of competent jurisdiction located in Toronto, Ontario. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

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. adidas may revise these Terms at any time by updating this posting.

Under no circumstances will adidas be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

The failure by us to enforce any right or provision of these Terms will not prevent adidas from enforcing such right or provision in the future.

adidas may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

adidas reserves the right to not provide the adidas websites to any person.  adidas also reserves the right to terminate any user’s right to access the adidas websites at any time, in its discretion.  If you violate any of these Terms, your permission to use the adidas websites automatically terminates.

From time to time, adidas may change these Terms.  If adidas changes these Terms, it will give you notice by posting the revised Terms on the adidas Websites.  Those changes will go into effect on the Revision Date shown in the revised Terms.  BY CONTINUING TO USE THE ADIDAS WEBSITES, YOU ARE AGREEING TO THE REVISED TERMS. 

PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THE ADIDASWEBSITES FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

 

Your Privacy Rights

Last Revised: January 19, 2018

Last Revised: January 19, 2018

Thank you for visiting the Privacy Policy of adidas ("adidas"). adidas values your privacy, and wants you to feel comfortable and secure using any of our websites, including: adidasgolf.ca, all other adidas websites, and any adidas mobile or other applications or apps (the "adidas Websites"). This Privacy Policy describes our policy with regard to online privacy and explains how you can opt out of certain uses and disclosures of your personal information.  As a courtesy, this Privacy Policy also provides a number of useful links to third party information regarding privacy protection. However, adidas does not assume any responsibility for the accuracy and/or completeness of such third party information.

Your Acceptance

By visiting, using, and/or registering on any of the adidas Websites, you signify your agreement to the terms and conditions of this Privacy Policy. If you do not so agree, you should not use the adidas Websites. Should we make any substantial changes in the way we collect and/or use any personal information we will amend this Privacy Policy, and we may email you, and your continued use of any adidas Websites constitutes your consent to the amended Privacy Policy.

adidas Websites

This Privacy Policy applies only to the adidas Websites. Links within these sites could direct you to third party websites that are not owned or controlled by adidas. adidas has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, which may employ cookies and/or collect personal information. In addition, adidas will not and cannot censor or edit the content of any third party site. We encourage you to be aware when you leave the adidas Websites, and to read the privacy policy of each website that you visit.

adidas affiliates may have their own privacy policy governing websites other than the above adidas Websites.

What Type of Personal Information Do We Collect and Use?

Whenever you register a adidas product, send us an email, purchase products from a adidas Website, register on one of the adidas Websites, enter a contest, sweepstakes, or other promotion, subscribe to one of our newsletters, or otherwise transmit information via any of the adidas Websites, adidas may obtain and collect personally identifiable information (expressed herein generally as "personal information") such as your name, email address, payment information (i.e. credit card number/expiration date), and/or mailing address, subject to your ability to "opt-out" of our future use or disclosure of such information as detailed in this Privacy Policy.

Personal Information Maintenance & Opt-Out

If you wish to opt-out of our use and/or disclosure of your personal information, other than to process any purchase orders and communicate with you about your account, you will generally have the option to do so when you first submit your personal information via the adidas Websites. Simply indicate your desire to opt-out by checking or un-checking the appropriate box. If you wish to amend or delete any personal information you have previously provided without opting out, please send us a message at privacy@tmag.com. We will endeavor to provide a simple way to review, correct, update or remove personal information you have given us. If you wish to stop receiving a adidas newsletter that you have previously subscribed for or any other marketing communications, please follow the "unsubscribe" instructions contained at the bottom of each newsletter or email.

How Do We Use Personal Information?

adidas will only disclose your email address to select third party retailers when the email is collected via a adidas mobile fitting application at participating fitting locations, to adidas subsidiary and affiliated companies, as otherwise disclosed in this Privacy Policy, or with your express permission.

adidas may use personal information in the following ways:

·       to enable us to respond to you generally, or to process, validate and verify requests and/or purchase orders

·       to perform any services requested by you

·       to compile and/or distribute aggregate information about our website users and aggregate usage patterns

·       to provide our own website designers with useful information for developing new features and services that meet your needs

·       to tailor your experience on our websites and our communications with you, showing you content and sending you information we think might interest you or altering the content and our communications according to your personal preferences and interests

·       as part of an online employment application to evaluate your qualifications only

·       to share with government agencies, law enforcement, or with third parties if we think we are legally obligated, or to protect ourselves.  For example, we will disclose information in response to subpoenas, investigative requests, and reasonable discovery requests.

 

The adidas Websites do not require you to set up a user ID and password unless you subscribe for some of our special services or create a purchasing account with us. We recommend you do not divulge your password to anyone. adidas will never ask you for your password in an unsolicited telephone call or email.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit, and you do so at your own risk. You can report network abuse and any risk of security violations to us by emailing privacy@tmag.com.

Children's Online Privacy Protection

adidas does not knowingly collect contact or personal information from children under 13.  The adidas Websites are not intended to solicit information of any kind from children under 13.  If we become aware that we have inadvertently received personal information from a child under the age of 13, we will delete such information from our records.  If you want to notify us of our receipt of information by children under 13, please do so by emailing us at privacy@adidas.com.

Transfer of Your Information to the United States

If you choose to provide adidas with your information, you consent to the transfer and storage of that information on our servers located in the United States.

Any questions or concerns regarding the use or disclosure of your information should be directed to adidas by calling us at 760-918-6000 or sending us an email at privacy@adidas.com. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of your information in accordance with this Privacy Policy.

Contact Information

If you have any questions concerning this Privacy Policy, you may contact the adidas Legal Department:

adidas
Attn: Legal Department
5545 Fermi Court
Carlsbad, CA 92008-7324
USA
Phone: +1 760-918-6000
Fax: +1 760-918-6008

Email: privacy@adidas.com

 

Call us

1-800-668-9883

To place an order or inquire about an existing order, call us toll free (within Canada) at
1-800-668-9883.

Customer Service Hours of Operation: M-F 9am-5pm EST. Closed weekends and most Canadian Holidays.

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