Honma Golf Co. Ltd.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE, AS THEY CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS ACTION RIGHTS, AND OTHER LIMITATIONS THAT AFFECT YOUR RIGHTS, ALL OF WHICH ARE APPLICABLE TO YOUR USE OF THIS SITE, OUR SERVICES, AND ANY RELATED ACTIVITIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOUR CONTINUED USE OF THE SITE AND/OR SERVICES SIGNIFIES YOUR ACCEPTANCE OF THE TERMS, INCLUDING CHANGED ITEMS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT USE THE SITE OR SERVICES.
Section 1 – General Conditions
Based on your agreement to comply with these Terms, we grant you the right to access and use all areas of the Site in order to (i) learn more about the Company as well as the products that we offer, (ii) purchase any of the products we offer, and (iii) print pages from our Site for purposes of learning more about the Company (collectively, “Permitted Purposes”). Apart from using the Site for the Permitted Purposes, you may not use, copy, modify, or distribute our Site (or pages from our Site), and may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, without express written permission from us.
The headings used in this agreement are included for convenience only and in no way limit, define, construe, or describe the scope or extent of such section.
Credit card information is always encrypted during transfer over networks. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Section 2 – Accessing the Site and Account Security
We reserve the right to change, amend, and modify the Site, and any Service or material we provide on the Site, in our sole discretion without notice.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any of these Terms. We reserve the right to alter or delete materials from the Site or to remove any abusive, illegal, or incorrect third-party content from the Site at any time in our sole discretion. We may suspend or terminate any and all accounts you have created or that have been created for you pursuant to your employment or status as a contractor or business partner on the Site for your violation of any laws, regulations, or the Terms, or upon termination or suspension of your employment, contractor, or business partner status.
Section 3 - Copyrighted Materials and Trademarks
All content, processes, technology, programs, information, software, artwork, text, images, banners, custom graphics, button icons, scripts, logos and other materials on this Site or embodied in our programs or services, including all associated intellectual property rights, are protected by U.S. and international copyright laws and are considered intellectual property of Company and/or its licensors, or are used under principles of fair use. You are strictly prohibited from copying, downloading, uploading, modifying, distributing, transmitting, transferring, reproducing, publishing or creating derivative works from it without prior written consent from Company, with the exception of Permitted Purposes. Current and potential Company vendors and investors are permitted to download, print or store copies of selected content for business use connected with the potential or other prospective business relationships with Company. However, all users are forbidden to sell, exploit or engage in the sale of any intellectual property contained on this Site, or corrupt the integrity of it in any manner. Additionally, altering our copyright and/or trademark notices or transmitting pornographic, obscene, libelous, threatening, defamatory, or unlawful or otherwise unauthorized materials to or from this Site is strictly prohibited.
Company names, logos, product names and other indicated marks are the trademarks and service marks owned by Company or its affiliates or licensors (“Trademarks”). Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed herein, without the written permission of Company. The Trademarks may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other brands and marks referenced on this Site may be the trademarks of their respective owners. Company retains all rights with respect to this Site except those expressly granted to you in Section 1 above.
Section 4 – Your Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site or its content:
We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
Section 5 – Device Connection
Use of the Site will require your device(s) to have access or connection via mobile network or Internet (fees may apply). Because use of the Site involves hardware, software and Internet access, your ability to use the Site may be affected by the performance of these factors. We do not guarantee that the Site can be accessed on all devices. We do not guarantee that the Site is available in all geographic locations. By accepting these Terms, you acknowledge and agree that complying with such system requirements, which may be changed from time to time, is your responsibility and that your use of any third-party services is subject to the terms and conditions of use established by the respective third-party service providers.
Section 6 – User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that such information shall be deemed to be non-confidential and Company shall have no obligation of any kind with respect to such information and shall be free to at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium such information. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.
Section 7 – Copyright Infringement Notice
It is our policy to respond promptly to claims of intellectual property misuse. If you have a good faith belief that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please notify us through the process set forth below.
PURSUANT TO SECTION 512(C)(2) OF THE COPYRIGHT REVISION ACT, AS AMENDED BY THE DIGITAL MILLENNIUM COPYRIGHT ACT (“DCMA”), WRITTEN NOTICE OF ANY CLAIMED COPYRIGHT INFRINGEMENT MUST BE SUBMITTED TO THE DESIGNATED AGENT NAMED BELOW. ANY NOTICE SENT TO THE DESIGNATED AGENT MUST MEET THE REQUIREMENTS OF THE DCMA.
Designated to Receive Notification of Claimed Infringement:
Name: Honma Legal Department
Address: 6023 Innovation Way, Suite 100, Carlsbad, CA 92009
Note: any email notifications should include "Notice of Alleged Copyright Infringement" in the subject line of the email.
Such notice must include the following information:
Once proper notice is given, we may take the material down. We reserve the right to take whatever other actions we deem necessary, including notifying the appropriate authorities. A party whose material was removed improperly may send counter notice to the above-referenced address. Counter-notices must include the following:
We suggest that you consult your legal adviser before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DCMA.
Section 8 – Personal Information
Section 9 – Third-Party Links
Section 10 – Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, or that may be inaccurate or incomplete in other respects. We are not responsible if information on this Site is inaccurate, incomplete or outdated. Any reliance on the material on this Site is at your own risk.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website should be taken to indicate that all information on the Site or on any related website has been modified or updated.
We have tried to accurately display the products that we offer for sale on the Site, including the colors of those products. Because the colors you see depend on your computer or device display, we cannot guarantee that your computer or device’s display of any color will be accurate.
Section 11 - Indemnification
You agree to indemnify, defend, and hold Company, its parents, affiliates, subsidiaries, employees, officers, directors, agents, vendors, partners, contractors, licensors, service providers, subcontractors, suppliers, interns, successors and/or assigns harmless from any and all claims, suits, actions, demands, damages, costs, liability and expenses, including reasonable attorney's fees (collectively, “Claims”), resulting from, arising from or relating to your use of this Site, including your breach of these Terms, or your violation of any law or the rights of a third party. Company will be entitled to participate in the defense and settlement of any Claims and reserves the right, at our expense, to assume exclusive defense and control of any Claims; and, in any case, you agree to cooperate with Company, at your sole cost and expense, if and as requested by Company in the defense and settlement of any such Claims. The indemnified parties are third-party beneficiaries of these Terms and may enforce them.
Section 12 – Disclaimer of Warranties; Limitation of Liability
THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, CONDITIONS, OR IMPLIED WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, DURABILITY, AND TITLE. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL COMPANY (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, VENDORS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND/OR ASSIGNS) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL NON-PERSONAL INJURY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF, OR RELATED TO, YOUR USE OF OR INABILITY TO USE THIS SITE, OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE AVAILABLE BY THE SITE, WHETHER THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED BY COMPANY OR BY A THIRD PARTY, AND EVEN IF COMPANY OR AN AUTHORIZED COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT ON THIS SITE IS COMPLETE, TIMELY, ACCURATE, USEFUL, CURRENT OR RELIABLE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE AND/OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME THE SITE MAY BE INACCESSIBLE FOR INDEFINITE PERIODS OF TIME AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. ANY COMMENTS SUBMITTED OVER THE SITE TO COMPANY SHALL BECOME EXCLUSIVE PROPERTY OF COMPANY. COMPANY RETAINS ALL RIGHTS TO USE, PUBLISH, DISTRIBUTE, DISCLOSE AND REPRODUCE YOUR COMMENTS WITHOUT RESTRICTION OR COMPENSATION TO YOU. NO COMMENTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR VIA THIS SITE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE NOT EXPLICITLY STATED IN THE TERMS.
NOTHING IN THESE TERMS WILL AFFECT ANY STATUTORY RIGHTS TO WHICH YOU MAY BE ENTITLED AS A CONSUMER TO THE EXTENT YOUR ABILITY TO ALTER OR WAIVE SUCH RIGHTS BY CONTRACT IS LIMITED BY APPLICABLE LAW. SPECIFICALLY, YOU ACKNOWLEDGE THAT YOU MAY HAVE OR MAY IN THE FUTURE HAVE CLAIMS AGAINST US WHICH YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN YOU AGREED TO THESE TERMS AND WHICH IF KNOWN, MIGHT MATERIALLY AFFECT YOUR CONSENT TO THESE TERMS. YOU EXPRESSLY WAIVE ALL RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SITE OR ANY PRODUCTS OR SERVICES YOU RECEIVE FROM THE SITE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO COMPANY FOR SUCH PRODUCTS OR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR FIFTY DOLLARS, WHICHEVER IS GREATER. YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS AND CONDITIONS WITHOUT THESE LIMITATIONS ON OUR LIABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Section 13 – Arbitration; Class Action Waiver
Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide individualized written notice of the potential claim to the opposing party setting forth (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed monetary damages (collectively, “Notice”). Following receipt of Notice by the opposing party, the parties agree to make a good faith effort for at least 30 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide notice of a claim to Company, write to firstname.lastname@example.org.
Unless you and Company agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.
Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in San Diego County in the State of California. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.
For all litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in San Diego County in the State of California.
All provisions of this Arbitration; Class Action Waiver Section shall survive termination of these Terms, your relationship with us, and/or your account or profile.
Section 14 – Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 15 – Termination
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Site or Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Section 16 – Assignment
These Terms shall not be assignable by you, either in whole or in part. Company reserves the right to assign its rights and obligations under these Terms.
Section 17 – Entire Agreement
These Terms and/or any policies or operating rules posted by us on the Site or in respect to the Service constitute the entire agreement and understanding between you and us with respect to the subject matter hereof and govern your use of the Site, superseding any prior or contemporaneous agreements, understandings, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 18 – Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America and the State of California and as an agreement wholly performed therein without regard to their conflict of law principles. Any claim or cause of action arising out of or related to your use of the Site or the Services, or these Terms, must be filed by you within one year after such claim or cause of action arose or be forever barred. Company’s failure to act, and/or delay in acting, with respect to enforcing any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. You agree to pay any costs, including reasonable attorneys’ fees, incurred by Company to enforce these Terms.
You can review the most current version of the Terms at any time at this page. Please feel free to print out a copy of these Terms for your records.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Section 20 – Survival
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 21 – Contact Us
If you have any questions or comments regarding the Site's Terms, you may write to us at:
Honma Golf Co. Ltd.
ATTN: Legal Department
6023 Innovation Way, Suite 100
Carlsbad, CA 92009
Email : email@example.com
Section 22 – Effective Date
The effective date of these Terms is February, 2, 2024.