Honma Golf Co. Ltd.

Terms of Use

Welcome to Honma Golf Co. Ltd. (“Honma,” “We,” “Us,” “Our” or “Company”). Please carefully read these Terms of Use (“Terms”) and the Company Privacy Policy (“Privacy Policy”) before using any Honma, Honma affiliate, or Honma subsidiary websites (collectively, “Site”), as they impose legal obligations on you and us, and keep a copy for your records. You accept and agree to be bound by these Terms, including additional terms and conditions specifically identified and linked to herein, when you use the Site, including without limitation when you view or access content here, make a purchase, or otherwise interact with it.  Any activity facilitated or provided by us on or through the Site is referred to as a “Service” or “Services”.

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.

We reserve all rights to modify, delete or append this Site or any part thereof, and/or any Service, policy, FAQ or guideline referenced herein at our sole discretion. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site and/or Services. Any such changes to the Terms will be posted on this page, and we will update the "Updated and Effective" date to reflect the date of the changes. We recommend you review the Terms and Privacy Policy from time to time during visits to this Site and note any changes before your continued use of the Site. Your continued use of the Site after we post any revisions to the Terms and/or Privacy Policy constitutes your acceptance of the revised Terms and/or Privacy Policy. If you do not wish to be bound by these Terms (in their current form or as subsequently revised or amended) or if at any time you no longer agree with all the terms and conditions that apply to you, your sole remedy shall be to discontinue your use of the Site and/or any Services. You may receive a copy of these Terms by printing a copy or by emailing us at [email protected], Subject: Honma Terms of Use.

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.

To access certain parts of the Site, you may be asked to provide certain registration details or other information. It is a condition of your permission to use the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to and authorize all actions we take with respect to your information consistent with our Privacy Policy.

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:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• To solicit others to perform or participate in any unlawful acts;
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
• To submit false or misleading information;
• To collect or track the personal information of others;
• To spam, phish, pharm, pretext, spider, crawl, or scrape content;
• For any obscene or immoral purpose;
• To interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet;
• To reverse engineer the Site;
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability; or

• To introduce any viruses, Trojan horses, worms, logic bombs or other type of malicious code, device, software or routine, that will or may be used in any way that will affect the functionality or operation of the Site or any related website, other websites, or the Internet.

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

E-mail: [email protected] 

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:

• The physical or electronic signature of the owner of an exclusive right that is allegedly being infringed upon, or a person authorized to act on the owner’s behalf;
• A description of the materials that are claimed to be infringing or the subject of infringing activity, and a link to the infringing materials, or if a link is not available a description of the location of these materials on the website;
• Sufficient information to identify the copyrighted works claimed to have been infringed upon (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
• The name, address, telephone number, and email address (if available) of the complaining party;
• A statement by the copyright owner that the copyright owner has a good faith belief that there is no legal basis for the use of the materials that are the subject of the complaint; and
• A statement of the accuracy of the statements made and, under penalty of perjury, a statement that the complaining party is authorized to act on the behalf of the copyright owner.

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:

• The sender’s name, address, phone number and physical or electronic signature;
• Identification of the material and its location prior to removal;
• A statement under penalty of perjury that the material was removed by mistake or misidentification; and
• The sender’s consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.

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

Your submission of personal information through the Website is governed by our Privacy Policy.  For more information about our privacy practices, please review our Privacy Policy.

Section 9 – Third-Party Links

For your convenience, this Site may provide links to websites owned and operated by third parties that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party websites, and we do not endorse or claim responsibility for any content on these third-party websites. We do not warrant and will not have liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties, nor do we warrant that a third-party website will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you link to any third-party website through our Site, please be aware that you are doing so at your own risk. Please proceed with caution when visiting third party websites by learning about their terms of use, privacy policies and security practices, and make sure you understand them before you engage in any transaction. We may remove any link to a third party's website at any time. Company disclaims any responsibility for any consequence of your use of any third-party website accessed via a link from the Site. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

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

• Binding Arbitration. You and Company agree that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, you and Company agree that, except for (i) statutory or common law claims related to intellectual property, and (ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to the Terms, your relationship to Company, or your use of the Site or Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Covered Claims”), will be resolved by binding, individual arbitration. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

• Class Action Waiver. YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES, CLAIMS, AND CAUSES OF ACTION RELATING BOTH TO COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.

• Damages Limitation. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, CONSEQUENTIAL NON-PERSONAL OR INCIDENTAL DAMAGES (OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES), AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.

• Conduct of Arbitration; Governing Rules. Arbitrations for any disputes between you and Company relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, “AAA Rules”). For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association website at https://www.adr.org.  All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision–including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision–are for the court to decide.  As stated in Section 17, California law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

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 [email protected].

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.

Section 19 – Changes to Terms of Use

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 1 (General Conditions)
• Section 3 (Copyrighted Materials and Trademarks)
• Section 7 (Copyright Infringement Notice)
• Section 11 (Indemnification)
• Section 12 (Disclaimer of Warranties; Limitation of Liability)
• Section 13 (Arbitration; Class Action Waiver)
• Section 14 (Severability)
• Section 16 (Assignment)
• Section 17 (Entire Agreement)
• Section 18 (Governing Law)
• Section 20 (Survival)

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 protected]

Section 22 – Effective Date

The effective date of these Terms is February, 2, 2024.