Terms And Conditions | TravisMathew

TravisMathew Rewards Terms & Conditions

The effective date of these terms and conditions is: March 1, 2021

The TravisMathew rewards program in the U.S. ("Program") is brought to you by travisMathew LLC (“TravisMathew” and/or "we" or "us"). The Program is governed by these TravisMathew Rewards Program Terms & Conditions (“Program Terms”). By participating in the Program, you agree to these Program Terms.

ARBITRATION OF CLAIMS:

PLEASE READ THESE PROGRAM TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS AND REQUIRE BINDING ARBITRATION OF CLAIMS ASSOCIATED WITH THE PROGRAM, WAIVING CLASS ACTION CLAIMS ASSOCIATED WITH THE PROGRAM, AND WAIVING THE RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT ANY AND ALL CLAIMS OR DISPUTES THAT ARISE OUT OF OR RELATE TO YOUR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY CLAIM ASSOCIATED WITH THE PROGRAM. SEE SECTION 13 BELOW FOR MORE DETAILS.

The Program is void where prohibited by law.

1. Overview

The Program is a customer-reward program that is available to eligible TravisMathew customers (see Section 2 below for full eligibility details). You can create a Program membership account ("Program Account"):

at any TravisMathew retail store in the United States (ask a store representative to help you begin the process),
by visiting travismathew.com (“Site”) and completing the Program Account registration form, or
by any other methods as TravisMathew may offer from time to time.

Eligible customers who sign up for a Program Account ("Members") will be able to earn points (“TM Points”) with each Earning Activity (as defined below). When you have earned the requisite amount of TM Points, those TM Points can be used to make Authorized Purchases (as defined below).

The Program terms include Exhibit A, which define the specific benefits available to members, eligibility for each membership tier within the Program, how TM Points are calculated, minimum TM Points required for redemption, and the value of TM Points. We may change these elements of the Program at any time.

2. Eligibility & Registration

The Program is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are the age of majority in their jurisdiction of residence. You must provide us with all required information to register for a Program Account. A valid email address is required to set up a Program Account. Additional information, such as phone number, gender, and birth day and month only, may be required to receive some of the Program’s benefits. There is no cost to enroll and no purchase is necessary to enroll. When you enroll in the Program and create a Program Account, you are agreeing to receive e-mail messages related to the Program from TravisMathew. Members who have opted-out of receiving marketing emails from TravisMathew will still be able to participate in the Program and receive messages about their Program Account (e.g., Points balance, usage, and news about changes to these Program Terms). There is a limit of one (1) Program Account per individual/email address/phone number. You agree that you will not participate in the Program under more than one (1) Program Account. Corporations, groups, and associations are not eligible to register for a Program Account.

You agree you will not sell, transfer or assign your Program Account, any rewards or any membership rights. TM Points are not your personal property, are not descendible, and may not be inherited, bartered, purchased, or sold. For online users, you are responsible for maintaining the confidentiality of any login credentials and for restricting access to your computer (or other device, as applicable) so that others may not access your Program Account.

3. Earning TM Points through Earning Activities; Redeeming of TM Points

TM Points are earned when Members engage in one the following: (a) making qualifying purchases from a TravisMathew retail store in the United States, on the internet at TravisMathew.com (each an "Earning Purchase"); or (b) participating in other specific Member opportunities offered by TravisMathews from time-to-time ("Additional Earning Activities"). Together, these are defined as “Earning Activities.” The details of an Additional Earning Activity, including a description of the conduct required, the number of TM Points available and any additional terms will be as communicated to the eligible Member(s) by email or in another communication from TravisMathew.

Earning Activities only count toward the earning of TM Points once you have a valid Program Account. In order to earn TM Points for an Earning Purchase at a TravisMathew retail store, you must present your email address to a TravisMathew representative when prompted. In order to earn TM Points for an Earning Purchase on TravisMathew.com, you must be signed into your Program Account upon checkout. Members do not earn TM Points on purchases of a gift card, but do earn TM Points upon redemption of a gift card. TM Points are not accrued for previous purchases, existing special orders, charity items, gifts-with-purchase, giveaways, coupons, credit card payments, layaway items, processing charges, delivery surcharges, shipping and handling, taxes, or state and any other applicable governmental fees, and are calculated after deduction of any discounts. TravisMathew will not retroactively apply TM Points for purchases made without presenting the required information at time of purchase. TM Points are also not earned on: unauthorized or fraudulent charges or purchases made by, or for, a business/group or for a business purpose. Redemption of TM Points or use of store credit or merchandise credit does not earn TM Points.

For in-store Earning Purchases, TM Points will appear in your Program Account within approximately forty-eight (48) hours of your completion of your Earning Purchase. TM Points for Earning Purchases at TravisMathew.com qualify for TM Points once all items have shipped, which means that items in the same transaction that are shipped separately will all qualify for TM Points after the final item(s) have shipped. The timing of TM Point qualification for Additional Earning Activities may vary, but will appear in your Program Account within approximately thirty (30) days of your completion of an Additional Earning Activity. You may view your Program Account summary by logging in at TravisMathew.com and navigating to the Program Account area.

In the event that TM Points are redeemed, but later found to have not been available to you for redemption (e.g., due a return), then in addition to any other actions we may take, future TM Points earnings will be applied to the deficit until such time as sufficient new TM Points are earned to cover the erroneous redemption of TM Points. TM Points will not be available for redemption until you again have achieved the minimum redemption balance. TM Points you earn may not be combined with TM Points earned by anyone else for any purpose. TM Points earned have no cash value, and cannot be purchased, sold, bartered or redeemed for cash, unless required by applicable law. If TM Points earned are determined to be unauthorized or fraudulent, you will not be eligible to redeem those TM Points.

See Exhibit A for current information regarding benefits, how TM Points are calculated, how many TM Points must be accrued to redeem TM Points, and the value of TM Points.

4. Point Expiration; Reward Expiration; Returns & Exchanges; Errors

IF YOU DO NOT TAKE ACTION TO EARN POINTS THROUGH AN EARNING ACTIVITY FOR TWELVE (12) MONTHS, ANY UNUSED TM POINTS IN YOUR PROGRAM ACCOUNT WILL EXPIRE. MEMBERS WILL RECEIVE A REMINDER EMAIL APPROXIMATELY THIRTY (30) DAYS BEFORE TM POINTS EXPIRE.

Our transactional records will be considered conclusive if there is a dispute about the number of TM Points or the number or value of any TM Points earned, redeemed or deducted. You should retain your copy of the receipt(s) and any other document which evidences your TM Point balance. Call us at 1-877-969-1952 thirty (30) days from relevant transaction date if you have any questions or concerns about your TM Points.

We accept no liability for any errors in the number of TM Points disclosed to you.

5. TM Point Redemption

TM Points may be applied to purchases of TravisMathew merchandise at a TravisMathew retail store in the United States or at TravisMathew.com, as long as your membership remains active, and the points have not expired (each an "Authorized Purchase"). TM Points cannot be applied to any exclusions identified in Exhibit A. TM points will be redeemed in United States dollars. Likewise, the member using TM Points is responsible for all charges in excess of the value of the TM points. TravisMathew store representatives have the right to deny any transaction or reject your use of TM Points in the event of any attempted or actual sale or transfer of any of your TM Points or your Program Account or misrepresentation or other fraudulent behavior by you.

The TM Points will be in addition to other promotional credits or discounts offered at the time of purchase ("Other Rewards"), unless otherwise stated in the Other Rewards. The TM Points will be applied after all Other Rewards are applied to the Authorized Purchase. Associates of TravisMathew cannot redeem TM Points in combination with an employee discount.

In order to redeem TM Points, you must have accrued at least the minimum TM Point balance and redeem them in the minimum amounts and quantities set forth in Exhibit A. See Exhibit A for instructions on how to redeem your TM Points.

TravisMathew reserves the right to require the person redeeming TM Points to validate that they are the person associated with the TM Points. TravisMathew store representatives have the right to deny any transaction or reject your use of any TM Points in the event of any attempted or actual sale or transfer of any of your TM Points or your Program Account or misrepresentation or other fraudulent behavior by you. You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using TM Points or Other Rewards.

6. TM Points and Program Accounts Are Non-Transferable and Not Redeemable for Cash

Except where required by applicable law, TM Points do not have any monetary or cash value and they may not be redeemed for cash or, except under the Program, do not have any cash equivalent. Program Accounts are non-transferable. Rewards can be used only by the Program Account holder for Authorized Purchases made in-person or online by that Program Account holder.

7. Loss of TM Points; Termination of Your Program Account

In addition to termination of the Program pursuant to Section 12, below, TravisMathew may also revoke your ability to participate in the Program for any of the following reasons, in TravisMathew’s sole and absolute discretion: (i) your use of any "bot," macro, script, or other automated, robotic, mechanical, or programmed means to participate in the Program or earn TM Points; (ii) your failure to comply with these Program Terms and any other terms and conditions applicable to the Program; (iii) the attempted or actual sale or transfer of any of your TM Points or your Program Account; (iv) any misrepresentation or other fraudulent behavior by you; (v) repeated attempts to enter void codes; (vi) creation of multiple or fake Program Accounts; or (vii) any other conduct deemed by TravisMathew, in its sole discretion, to be: an abuse of the Program, detrimental to the interests of TravisMathew or its customers, fraudulent, illegal, or otherwise improper.

If your ability to participate in the Program is revoked, any unused TM Points will automatically expire and your future participation in the Program may be prohibited, in the sole and absolute discretion of TravisMathew.

TravisMathew is not responsible for TM Points that expire or are redeemed due to fraudulent activity. Suspected illegal, fraudulent, or other unauthorized use or misuse of TM Points, or any other activity inconsistent with these Program Terms may, in the sole and absolute discretion of TravisMathew, result in termination of your participation in the Program. Such termination will result in the loss of all accumulated TM Points earned but not yet redeemed.

You agree that TravisMathew’s decisions relating to the Program are final.

8. Program Account Closure

You may elect to close your Program Account at any time by calling TravisMathew at 1-877-969-1952. Upon any closure or termination of your Program Account, any TM Points associated with your Program Account will automatically expire and be forfeited. If you later elect to re-enroll in the Program, you will not have access to any TM Points associated with your terminated Program Account and your beginning balance of TM Points will be zero (with the exception of any welcome rewards added to your new account).

9. Updating Your Program Account

You may access and update your Program Account information, including your email address at a TravisMathew retail store, by emailing our Customer Service Team at onlinesupport@travismathew.com, or by calling us at 1-877-969-1952. It is your responsibility to keep your member information current, complete and accurate. You are solely responsible for any and all activities that occur under your Program Account.

10. Member Communication

You may view your membership activity via monthly Program Account status email communications, by logging-in to the Site and viewing your rewards profile, or by calling our Customer Service Team at 1-877-969-1952. A current, valid email address is required for a member to receive certain notices in the Program, including without limitation information about certain Additional Earnings Activities.

11. LIABILITY; INDEMNIFICATION

THIS PROGRAM IS MADE AVAILABLE TO YOU, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAVISMATHEW LLC, AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES (COLLECTIVELY, THE "TRAVISMATHEW BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE PROGRAM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRAVISMATHEW BUSINESSES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE PROGRAM, FOR YOUR ACTION OR INACTION IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR FOR ANY DAMAGE YOU MAY INCUR IN CONNECTION WITH THE PROGRAM. YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER THE TRAVISMATHEW BUSINESSES OR THEIR AGENTS OR THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM, THE DELAY OR INABILITY TO PARTICIPATE IN THE PROGRAM OR OTHERWISE ARISING IN CONNECTION WITH THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TRAVISMATHEW BUSINESSES ARE NOT LIABLE FOR THE CONDUCT OF OTHER PROGRAM MEMBERS. THE LIMITATION ON DAMAGES IN THIS SECTION IS NOT INTENDED TO LIMIT THE TRAVISMATHEW BUSINESSES’ OBLIGATION (IF ANY) TO PAY PREVAILING PARTY COSTS OR FEES, IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE TRAVISMATHEW BUSINESSES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE TRAVISMATHEW BUSINESSES, OR FOR THE TRAVISMATHEW BUSINESSES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.

EACH MEMBER UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

"GENERAL RELEASE; EXTENT. 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 RELEASED PARTY.”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE TRAVISMATHEW BUSINESSES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM.

12. Modification of These Program Terms & Termination of the Program

We reserve the right to modify, restrict, suspend, or otherwise change any aspect of the Program, and/or these Program Terms from time-to-time, including without limitation, the eligibility conditions for participation in the Program, the manner in which Members participate, the manner and rates at which TM Points are earned and redeemed, redemption mechanisms, or what constitutes an Earning Activity, with reasonable notice to Members. We will notify you of changes to these Program Terms by posting them to the Site, notifying you by email to the email address then associated with your Program Account, and/or using any other contact information we may have for you. The updated Program Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by TravisMathew. The updated Program Terms will apply to your participation in the Program beginning as of their effective date or upon the occurrence of such other action specified by TravisMathew at the time. Should you not agree to such an amendment, you may cancel your participation in the Program as set out in Section 8. EXCEPT WHERE EXIGENCIES REQUIRE A SHORTER TIMEFRAME, WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM COMPLETELY BY PROVIDING YOU WITH FORTY-FIVE (45) DAYS’ WRITTEN NOTICE OF AND INSTRUCTIONS REGARDING THE IMPENDING TERMINATION.

13. APPLICABLE LAW AND DISPUTES

These Program Terms, your rights and obligations, TravisMathew’s rights and obligations, and all actions contemplated by these Program Terms, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Program Terms were a contract wholly entered into and wholly performed within the State of California.

Any dispute relating in any way to your participation in or use of the Program or the products you purchase through the Program shall be submitted to confidential arbitration in Orange County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Orange County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Program Terms shall be conducted under the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Program Terms shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

14. Privacy

Information collected about you in connection with your Program Account and the Program is subject to the TravisMathew Privacy Policy, which may be updated from time-to-time. TravisMathew’s Privacy Policy can be obtained at: https://www.travismathew.com/privacy-policy or by sending us an email at onlinesupport@travismathew.com and writing "Privacy Policy" in the subject line, or by writing to us at: TravisMathew Privacy Policy, c/o Callaway Golf, 2180 Rutherford Road, Carlsbad, CA 92008.

15. General Information

If any part of these Program Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Program Terms will govern such participation. Our performance under these Program Terms will be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.

TravisMathew’s performance of these Program Terms is subject to applicable existing and future laws and legal process, and nothing contained in these Program Terms is in derogation of TravisMathew’s right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by TravisMathew with respect to such participation.

These Program Terms constitute the entire agreement between you and TravisMathew with respect to the Program. These Program Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TravisMathew with respect to this Program. No modification of these Program Terms will be effective unless it is authored by TravisMathew or its affiliates, or unless it is physically signed by a TravisMathew officer. Any alleged waiver of any breach of these Program Terms will not be deemed to be a waiver of any future breach. A printed version of these Program Terms and/or of any notice given by TravisMathew in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Program Terms or your participation in the Program to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by TravisMathew in printed form.

16. Contact Us

If you have any questions about your Program Account or the Program, please contact us at the store where you joined the Program, call us at 1-877-969-1952 or visit the FAQ page on the Site https://support.travismathew.com/hc/en-us.

Exhibit A

Program Details

This Program offers three (3) different membership tiers: Plus, Preferred and Executive. Members who meet the spend threshold for Preferred or Executive membership as described below will immediately qualify for the corresponding membership tier. Within each tier, there are additional opportunities to earn TM Points, as well as special offers and other membership perks.

TM Points

Earning: You earn 5 TM Points for every US$1.00 US in Earning Purchases.

TM Points are calculated based on the purchase price of the item(s) at the time of purchase, after discounts and coupons and before taxes and fees are applied. If partial TM Points are earned, TM Points will be rounded up to the nearest TM Point.

Redemption: 100 TM Points = US$1.00 redemption value (subject to the Minimum TM Point Redemption requirements below).

Once you accumulate at least 500 TM Points, you can redeem TM Points toward the purchase of merchandise at TravisMathew.com or a TravisMathew Company Store at checkout. You cannot redeem TM Points toward the purchase of a previous purchases, gift cards, or e-gift cards, or to credit card payments, special orders, charity items, or layaway items, should we offer such items or services.

You can elect to redeem fewer TM Points than the maximum available, but you must use at least 500 TM Points (“Minimum TM Point Redemption”). You can use TM Points to pay for your total order, including taxes, subject to the exclusions listed above. TM Points may be combined with other offers or coupons, unless otherwise stated, provided that all of the other requirements detailed above apply.

To redeem your TM Points:

In-Store: You must provide the email address associated with your account to the store representative to confirm availability of TM Points and to apply available TM Points to your purchase. You may select the number of TM Points to apply, within the parameters set forth above.

Online: After you are logged into your Program Account, enter the number of TM Points you would like to redeem where indicated during the checkout process, which number must meet the parameters set forth above, and follow the on screen prompt to apply the TM Points to your purchase (e.g., by clicking “Redeem” or similar functionality). We may choose to pre-populate the maximum number of TM Points available for redemption, and if we do so, you may reduce the TM Points to be redeemed within the requirements set forth above.

Program Tiers

Plus: If you make between $0 and $499 in Earning Purchases using your Program Account within a calendar year, you qualify for Plus membership.
Preferred: To qualify for Preferred, you must make between $500 and $999 in Earning Purchases using your Program Account within a calendar year. If you do not make at least $500 in Earning Purchases in the calendar year following the year that you obtained Preferred membership status, the beginning of the next calendar year you will be downgraded to Plus membership.
Executive: To qualify for Executive, you must make at least $1,000 in Earning Purchases using your Program Account within a calendar year. If you do not make at least $1,000 in Earning Purchases in the calendar year following the year that you obtained Executive membership status, the beginning of the next calendar year you will be downgraded to Preferred or Plus membership depending on the amount purchased.

Benefits

In addition to exclusive promotional offers that TravisMathew may offer from time to time as determined in TravisMathew’s sole discretion, membership in the Program has the following benefits, some of which are dependent on tier status:

Free shipping to home within the 50 U.S. or DC: The type of shipping to home benefit depends on the membership tier. Plus and Preferred Members are eligible for free ground shipping, while Executive Members are eligible for free two-day shipping.
Free returns by mail: Eligible returns, per our then-current return policy, will not be charged return shipping fees.
Birthday reward: Members must supply TravisMathew with the month and day of their birthday in their Program Account in order to receive the birthday benefit. The type and value of birthday benefit are within TravisMathew’s sole discretion. Accounts opened on the month of your birthday or the month preceding your birthday will begin receiving the birthday benefit the following calendar year. Member will receive an email at the beginning of their birthday month with their offer.
Double TM Points Day: Preferred and Executive Members will have the opportunity to earn double TM Points for Qualifying Purchases on a designated “Double Points Day.” Preferred Members are eligible for one (1) Double Points Day per calendar year in which they are a Preferred Member and Executive Members are eligible for two (2) Double Points Days per calendar year in which they are an Executive Member. The specific day(s) on which this benefit is available is at the sole discretion of TravisMathew.
Free gifts: Preferred and Executive Members will receive an annual free gift from TravisMathew each year corresponding to the tier they have achieved in the previous calendar year. The choice of gift is at the sole discretion of TravisMathew.
Free alterations: Executive Members are eligible for free alterations on Earning Purchases. In-store only
Exclusive access to sales and promotions: Members receive opportunities to hear about advance sale notifications, early shopping experiences and more.

TravisMathew Rewards Terms & Conditions

The effective date of these terms and conditions is: March 1, 2021

The TravisMathew rewards program in Canada ("Program") is brought to you by travisMathew LLC (“TravisMathew” and/or "we" or "us"). The Program is governed by these TravisMathew Rewards Program Terms & Conditions (“Program Terms”). By participating in the Program, you agree to these Program Terms.

ARBITRATION OF CLAIMS:

PLEASE READ THESE PROGRAM TERMS CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCLUDING INDIVIDUALS RESIDENT IN THE PROVINCE OF QUEBEC, THESE TERMS AFFECT YOUR LEGAL RIGHTS AND REQUIRE BINDING ARBITRATION OF CLAIMS ASSOCIATED WITH THE PROGRAM, WAIVING CLASS ACTION CLAIMS ASSOCIATED WITH THE PROGRAM, AND WAIVING THE RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT ANY AND ALL CLAIMS OR DISPUTES THAT ARISE OUT OF OR RELATE TO YOUR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY CLAIM ASSOCIATED WITH THE PROGRAM. SEE SECTION 13 BELOW FOR MORE DETAILS.

The Program is void where prohibited by law.

1. Overview

The Program is a customer-reward program that is available to eligible TravisMathew customers in Canada (see Section 2 below for full eligibility details). You can create a Program membership account ("Program Account"):

at any TravisMathew retail store in Canada (ask a store representative to help you begin the process),
by visiting travismathew.ca (“Site”) and completing the Program Account registration form, or
by any other methods as TravisMathew may offer from time to time.

The Program terms include Exhibit A, which defines the specific discretionary benefits available to members, eligibility for each membership tier within the Program, how TM Points are calculated, minimum TM Points required for redemption, and the value of TM Points. As further set out in Section 12, and subject to applicable law, We may change these elements of the Program at any time.

2. Eligibility & Registration

The Program is open only to legal residents of Canada who have reached the age of majority in their jurisdiction of residence. You must provide us with all required information to register for a Program Account. A valid email address is required to set up a Program Account. Additional information, such as phone number, gender, and birth day and month only, may be required to receive some of the Program’s benefits. There is no cost to enroll and no purchase is necessary to enroll. When you enroll in the Program and create a Program Account, you are agreeing to receive e-mail messages related to the Program from TravisMathew. Members who have opted-out of receiving marketing emails from TravisMathew will still be able to participate in the Program and receive messages about their Program Account (e.g., Points balance, usage, and news about changes to these Program Terms). There is a limit of one (1) Program Account per individual/email address/phone number. You agree that you will not participate in the Program under more than one (1) Program Account. Corporations, groups, and associations are not eligible to register for a Program Account.

You agree you will not sell, transfer or assign your Program Account, any rewards or any membership rights, including without limitation, TM points. TM Points are not your personal property, are not descendible, and may not be inherited, bartered, purchased, combined, pooled, gifted, exchanged or sold. For online users, you are responsible for maintaining the confidentiality of any login credentials and for restricting access to your computer (or other device, as applicable) so that others may not access your Program Account. You are responsible for all actions taken under your program account.

3. Earning TM Points through Earning Activities

TM Points are earned when Members engage in one the following: (a) making qualifying purchases from a TravisMathew retail store in Canada, on the internet at TravisMathew.ca (each an "Earning Purchase"); or (b) participating in other specific Member opportunities offered by TravisMathews from time-to-time in its sole discretion ("Additional Earning Activities"). Together, these are defined as “Earning Activities.” The details of an Additional Earning Activity, including a description of the conduct required, the number of TM Points available and any additional terms will be as communicated to the eligible Member(s) by email or in another communication from TravisMathew.

Earning Activities only count toward the earning of TM Points once you have a valid Program Account. In order to earn TM Points for an Earning Purchase at a TravisMathew retail store, you must present your email address to a TravisMathew representative when prompted. In order to earn TM Points for an Earning Purchase on TravisMathew.ca, you must be signed into your Program Account upon checkout. Members do not earn TM Points on purchases of a gift card, but do earn TM Points upon redemption of a gift card in association with an Earning Purchase. The following are not 'qualifying purchases' and TM Points are not accrued for them: previous purchases, special orders, charity items, gifts-with-purchase, giveaways, coupons, credit card payments, layaway items, processing charges, delivery surcharges, shipping and handling, taxes, or any other applicable governmental fees. TM Points are calculated after deduction of any discounts. TM Points are not accrued for the portion of an Earning Purchase for which TM Points are redeemed (for example, if you make an Earning Purchase of C$100, and redeem TM Points for C$5 of that Earning Purchase, TM Points will only be earned on the remaining C$95). TravisMathew will not retroactively apply TM Points for purchases made without presenting the required information at time of purchase. TM Points are also not earned on: unauthorized or fraudulent charges or purchases made by, or for, a business/group or for a business purpose. Redemption of TM Points or use of store credit or merchandise credit does not earn TM Points.

For in-store Earning Purchases, TM Points will appear in your Program Account within approximately forty-eight (48) hours of your completion of your Earning Purchase. TM Points for Earning Purchases at TravisMathew.ca qualify for TM Points once all items have shipped, which means that items in the same transaction that are shipped separately will all qualify for TM Points only after the final item(s) have shipped. The timing of TM Point qualification for Additional Earning Activities may vary, but will typically appear in your Program Account within approximately thirty (30) days of your completion of an Additional Earning Activity. You may view your Program Account summary by logging in at TravisMathew.ca and navigating to the Program Account area.

In the event that TM Points are redeemed, but later found to have not been available to you for redemption (e.g., due a return), then in addition to any other actions we may take, future TM Points earnings will be applied to the deficit until such time as sufficient new TM Points are earned to cover the erroneous redemption of TM Points. TM Points will not be available for redemption until you again have achieved the minimum redemption balance. TM Points you earn may not be combined with TM Points earned by anyone else for any purpose. TM Points earned have no cash value, and cannot be purchased, sold, bartered or redeemed for cash, unless required by applicable law. If any TM Points are determined to be unauthorized or fraudulent, or to have been obtained in any manner contrary to these Program Terms, you will not be eligible to redeem those TM Points, and we may remove them from your Program Account without notice.

See Exhibit A for current information regarding benefits, how TM Points are calculated, how many TM Points must be accrued to redeem TM Points, and the value of TM Points. From time to time, we may in our sole discretion offer bonus TM Points, or other promotional benefits (for example, TM Point multipliers, or improved TM Points earning rates) (“Promotional Points”). The issuance of any Promotional Points may be subject to conditions or requirements in addition to these Program Terms, which we disclose to you with the offer of Promotional Points. To the maximum extent permitted by applicable law, if we offer gratuitous TM Points unrelated to any purchase of goods or services, we may specify that such gratuitous TM Points expire after a period of time.

4. TM Point Expiration; Returns & Exchanges; Errors

IF YOU DO NOT EARN TM POINTS THROUGH AN EARNING ACTIVITY AND DO NOT REDEEM TM POINTS FOR TWELVE (12) MONTHS, ANY UNUSED TM POINTS IN YOUR PROGRAM ACCOUNT WILL EXPIRE. MEMBERS WILL RECEIVE A REMINDER EMAIL APPROXIMATELY THIRTY (30) DAYS BEFORE TM POINTS EXPIRE.

If you return a purchase for which you earned TM Points in accordance with TravisMathew’s then current return policy, the TM Points associated with your Program Account will be reduced by the number of TM Points equivalent to the amount of the refund you receive. In the event of an even exchange, (that is, an exchange of an item for another item that would have earned an equal amount of TM Points if obtained through an Earning Purchase), any TM Points earned in association with the original purchase will remain. In the event of an exchange for an item that would have earned fewer TM points, the excess in the number of TM points from your original purchase will be deducted from your Program account. In the event of an exchange for an item of greater value, any additional expenditure will accrue TM Points in accordance with these Program Terms. Please note that any new promotional offers in effect at the time of an exchange will not apply, nor modify your Program Account balance(for example, if you purchase and item at full price, then seek to exchange it for an item on sale, the difference will not be accounted for in TM Points, or refunded).

We accept no liability for any errors in the number of TM Points disclosed to you, and may correct any such errors without further notice to you.

5. TM Point Redemption

TM Points may be applied to purchases of TravisMathew merchandise at a TravisMathew retail store in Canada or at TravisMathew.ca, as long as your Program membership remains active, and the points have not expired as set out in these Terms (each an "Authorized Purchase"). TM Points cannot be applied to any exclusions identified in Exhibit A. TM points will be redeemed in Canadian dollars. Likewise, the member using TM Points is responsible for all charges in excess of the value of the TM points. TravisMathew store representatives have the right to deny any transaction or reject your use of TM Points in the event of any attempted or actual violation of these Program Terms, including without limitation, any sale or transfer of any of your TM Points or your Program Account or misrepresentation or other fraudulent behavior by you.

TravisMathew reserves the right to require the person redeeming TM Points to validate that they are the person associated with the TM Points. You are solely responsible for all federal, provincial/territorial and local taxes and any other costs or expenses of accepting and using TM Points or Other Rewards.

6. TM Points and Program Accounts Are Non-Transferable and Not Redeemable for Cash

7. Loss of TM Points; Termination of Your Program Account

In addition to termination of the Program pursuant to Section 12, below, TravisMathew may also revoke your ability to participate in the Program and terminate this agreement with you, for any of the following reasons, in TravisMathew’s sole and absolute discretion: (i) your use of any "bot," macro, script, or other automated, robotic, mechanical, or programmed means to participate in the Program or earn TM Points; (ii) your failure to comply with these Program Terms and any other terms and conditions applicable to the Program; (iii) the attempted or actual sale or transfer of any of your TM Points or your Program Account; (iv) any misrepresentation or other fraudulent behavior by you; (v) repeated attempts to enter void codes; (vi) creation of multiple or fake Program Accounts; or (vii) any other conduct deemed by TravisMathew, in its sole discretion, to be: an abuse of the Program, detrimental to the interests of TravisMathew or its customers, fraudulent, illegal, or otherwise improper.

Subject to applicable law, if your ability to participate in the Program is revoked, any unused TM Points will automatically expire and your future participation in the Program may be prohibited, in the sole and absolute discretion of TravisMathew.

TravisMathew is not responsible for TM Points that expire or are redeemed due to fraudulent activity. Suspected illegal, fraudulent, or other unauthorized use or misuse of TM Points, or any other activity inconsistent with these Program Terms may, in the sole and absolute discretion of TravisMathew, result in termination of your participation in the Program. Subject to applicable law, such termination will result in the loss of all accumulated TM Points earned but not yet redeemed.

You agree that TravisMathew’s decisions relating to the Program are final.

8. Program Account Closure

9. Updating Your Program Account

10. Member Communication

11. LIABILITY; INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PROGRAM IS MADE AVAILABLE TO YOU, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAVISMATHEW LLC, AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES (COLLECTIVELY, THE "TRAVISMATHEW BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE PROGRAM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRAVISMATHEW BUSINESSES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE PROGRAM, FOR YOUR ACTION OR INACTION IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR FOR ANY DAMAGE YOU MAY INCUR IN CONNECTION WITH THE PROGRAM. YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER THE TRAVISMATHEW BUSINESSES OR THEIR AGENTS OR THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM, THE DELAY OR INABILITY TO PARTICIPATE IN THE PROGRAM OR OTHERWISE ARISING IN CONNECTION WITH THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

12. Modification of These Program Terms & Termination of the Program

We will notify you of changes to these Program Terms by posting them to the Site, notifying you by email to the email address then associated with your Program Account, and/or using any other contact information we may have for you. Where required by applicable law or at our discretion, we will provide such notice at least 30 days before the amendment comes into effect in the case of an amendment to a non-essential element of the Program, or between 60 and 90 days for an amendment to an essential element of the Program setting out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment. You may refuse the amendment and rescind, or cancel your participation in the Program without cost, penalty or cancellation indemnity, as set out in Section 8. To the fullest extent permitted by applicable law, your continued participation in the Program after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms the of the Program, as revised. The updated Program Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by TravisMathew. The updated Program Terms will apply to your participation in the Program beginning as of their effective date or upon the occurrence of such other action specified by TravisMathew at the time. Should you not agree to such an amendment, you may cancel your participation in the Program as set out in Section 8.

EXCEPT WHERE EXIGENCIES REQUIRE A SHORTER TIMEFRAME, WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM COMPLETELY BY PROVIDING YOU WITH FORTY-FIVE (45) DAYS’ WRITTEN NOTICE OF AND INSTRUCTIONS REGARDING THE IMPENDING TERMINATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT WE TERMINATE THE PROGRAM, ANY TM POINTS THAT HAVE BEEN ISSUED WILL AUTOMATICALLY EXPIRE AND BE FORFEITED.

13. APPLICABLE LAW AND DISPUTES

This section 13 applies to the maximum extent permitted by applicable law, and does not apply for Members who are an individual resident in the province of Quebec.

14. Privacy

Information collected about you in connection with your Program Account and the Program is subject to the TravisMathew Privacy Policy, which may be updated from time-to-time. TravisMathew’s Privacy Policy can be obtained at: https://www.TravisMathew.ca/privacy-policy or by sending us an email at onlinesupport@TravisMathew.com and writing "Privacy Policy" in the subject line, or by writing to us at: TravisMathew Privacy Policy, c/o Callaway Golf, 2180 Rutherford Road, Carlsbad, CA 92008.

15. General Information

These Program Terms constitute the entire agreement between you and TravisMathew with respect to the Program. These Program Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TravisMathew with respect to this Program. No modification of these Program Terms will be effective unless it is authored by TravisMathew or its affiliates, or unless it is physically signed by a TravisMathew officer. Any waiver or alleged waiver of any breach of these Program Terms will not be deemed to be a waiver of any future breach. A printed version of these Program Terms and/or of any notice given by TravisMathew in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Program Terms or your participation in the Program to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by TravisMathew in printed form.

16. Contact Us

If you have any questions about your Program Account or the Program, please contact us at the store where you joined the Program, write us at 15202 Graham St. Huntington Beach, CA 92649 or call us at 1-877-969-1952 or visit the FAQ page on the Site https://travismathew.ca.

Exhibit A

Program Details

TM Points

Earning: You earn 5 TM Points for every C$1.00 CAD in Earning Purchases.

Redemption: 100 TM Points = C$1.00 CAD redemption value (subject to the Minimum TM Point Redemption requirements below).

Once you accumulate at least 500 TM Points, you can redeem TM Points toward the purchase of merchandise at TravisMathew.ca or a TravisMathew Company Store at checkout. You cannot redeem TM Points toward the purchase of a previous purchases, gift cards, or e-gift cards, or to credit card payments, special orders, charity items, or layaway items, should we offer such items or services.

You can elect to redeem fewer TM Points than the maximum available, but you must use at least 500 TM Points (“Minimum TM Point Redemption”) in each TM point redemption. You can use TM Points to pay for your total order, including taxes, subject to the exclusions listed above. TM Points may be combined with other offers or coupons, unless otherwise stated, provided that all of the other requirements detailed above apply.

To redeem your TM Points:

Program Tiers

Plus: If you make between C$0 and C$499 CAD in Earning Purchases using your Program Account within a calendar year, you qualify for Plus membership.
Preferred: To qualify for Preferred, you must make between C$500 and C$999 CAD in Earning Purchases using your Program Account within a calendar year. If you do not make at least C$500 in Earning Purchases in the calendar year following the year that you obtained Preferred membership status, the beginning of the next calendar year you will be downgraded to Plus membership.
Executive: To qualify for Executive, you must make at least C$1,000 CAD in Earning Purchases using your Program Account within a calendar year. If you do not make at least C$1,000 in Earning Purchases in the calendar year following the year that you obtained Executive membership status, the beginning of the next calendar year you will be downgraded to Preferred or Plus membership depending on the amount purchased.

Additional Benefits

In addition to the benefits set out in this program, TravisMathew may from time to time and in its sole and absolute discretion choose to offer exclusive promotional offers to Program members. These offers may be subject to additional terms, may be time limited, and may be offered to all members, or to any group of members, including based on tier status.

PLUS

Preferred

Executive

Plus	Preferred	Executive

SPEND

C$0 - C$499

C$500 - C$999

C$1,000+

Points

C$1 = 5 Points

Terms & Conditions

1. Introduction

Welcome to http://www.travismathew.com (the “Website”). The Website is owned and operated by travisMathew, LLC, and its subsidiaries and affiliates (collectively referred to herein as “TravisMathew,” “we,” “us” and “our”).

By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement (the “Agreement”) and any and all rules, guidelines and directions found throughout the Website. Please read this Agreement carefully. This Agreement applies to all users of the Website, including users who are viewers of material on the Website and users who register for the Website as set forth below in Section 6.

By using the Website you also represent that you are at least 13 years old. TravisMathew does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. YOU MAY NOT USE OR REGISTER FOR THE WEBSITE IF YOU ARE UNDER THE AGE OF 13.

In addition, when you use any current or future version of the Website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.

2. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

3. CONSIDERATION

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt of data, materials and information available at or through the Website.

4. RESTRICTIONS ON USE OF MATERIALS

Trademarks. TravisMathew and other trademarks, service marks, trade names, and trade dress indicated on our Website are trademarks or registered trademarks of TravisMathew and its affiliates. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark owned or controlled by TravisMathew or any third party.

Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Website are the copyrighted property of TravisMathew or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of TravisMathew or any third party.

The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of TravisMathew or its lawful successors and assigns.

For usage permission, please contact us via e-mail at info@travismathew.com

5. NOTICE OF COPYRIGHT INFRINGEMENT

We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

(1) Identification of the copyrighted work claimed to have been infringed;
(2) Identification of the allegedly infringing material on the Website that is requested to be removed;
(3) Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(6) An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Our copyright agent for notice of claims of copyright infringement on the Website is TravisMathew’s General Counsel, who can be reached as follows:

GENERAL COUNSEL

6. REGISTRATION

You do not have to register to view the Website. You can visit the Website, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the Website, including but not limited to the ability to purchase products through the Website. To register, you must create a user account, which requires you to provide your e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TravisMathew immediately of any breach of security or unauthorized use of your account. TravisMathew will not be liable for any losses caused by any unauthorized use of your account. TravisMathew reserves the right to refuse registration or terminate a user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time.

7. COMMENTS AND UNSOLICITED SUBMISSIONS

We welcome your comments and feedback about the Website and our products. In addition, in some places the Website enables users to post comments and product reviews which may be viewed by other users. Any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) posted to the Website or sent to us, whether through the Website, e-mail, facsimile, U.S. mail or by other means, shall be and remain the exclusive property of TravisMathew. Your submission of any such Comments shall constitute an irrevocable assignment to TravisMathew of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, TravisMathew (and its licensees, distributors, agents, representatives and other authorized users) will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential materials such as product ideas, concepts, data, technical information, suggestions, photographs, artwork, stories, videos, audiovisual works, sound recordings, program formats, characterizations and/or other similar materials (“Unsolicited Submissions”).

If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any material constitutes an Unsolicited Submission, such material shall be conclusively deemed to be an Unsolicited Submission. No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Unsolicited Submission. Without limiting the foregoing, you hereby grant TravisMathew (and its licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Unsolicited Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Submissions License”). You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Unsolicited Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.

You agree that any Unsolicited Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

The terms of the Submissions License shall govern our right to use all Unsolicited Submissions. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Unsolicited Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Unsolicited Submissions submitted by you to us.

8. LICENSE AND WEBSITE ACCESS

TravisMathew grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TravisMathew. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools

Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TravisMathew. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TravisMathew and its affiliates, licensors or licensees without express written consent of TravisMathew. You may not use meta tags or any other hidden text using TravisMathew’s name or trademarks without the express written consent of TravisMathew. Any unauthorized use will immediately terminate the permission or license granted by TravisMathew.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TravisMathew so long as the link does not portray TravisMathew or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by TravisMathew in its sole discretion. You may not use any TravisMathew logo or other proprietary graphic or trademark as part of the link without express written permission of TravisMathew. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by “deep linking,” or otherwise, without prior written permission from TravisMathew.

9. THIRD-PARTY AND CO-BRANDED WEBSITES

The Website may contain hyperlinks (“links”) to websites operated by persons or entities other than TravisMathew (“third-party Websites”) or to co-branded websites operated by a third party, including TravisMathew’s affiliates and licensees (“co-branded Websites”). We provide such links for your reference and convenience only. A link from the Website to a third-party or co-branded Website does not mean or imply that TravisMathew endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. TravisMathew explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. TravisMathew does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. TravisMathew does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against TravisMathew with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Website. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any Online or offline transaction with any of these third-parties.

TRAVISMATHEW IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

10. YOUR RESPONSIBILITIES

You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from TravisMathew. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Website or any co-branded Website must be accurate, complete, and current.

By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

11. TERMINATION OR RESTRICTION

TravisMathew may terminate or restrict your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Website at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty disclaimers and indemnity limitations, shall survive any such termination.

12. RISK OF LOSS

All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, TravisMathew. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when TravisMathew delivers these items to the carrier.

13. PRODUCT INFORMATION

TravisMathew attempts to be accurate in describing its products and services on the Website. We do not warrant that product and service descriptions or other content of this or any other Website are complete, reliable, current, or error-free.

We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see depend on your computer monitor and other factors beyond our control, we cannot guarantee that your computer’s display of any color on the Website will be accurate.

Many TravisMathew products displayed on the Website are available in our retail store(s) in the United States while supplies last. In some cases, merchandise displayed for sale at the Website may not be available in retail store(s). Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.

14. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE WEBSITE IS PROVIDED BY TRAVISMATHEW ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAVISMATHEW MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAVISMATHEW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL TRAVISMATHEW, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO TRAVISMATHEW THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. APPLICABLE LAW AND DISPUTES

This Agreement, your rights and obligations, TravisMathew’s rights and obligations, and all actions contemplated by this Agreement, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California.

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Orange County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Orange County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this Agreement shall be conducted under the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

16. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold TravisMathew, its licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with TravisMathew in the defense of any claim. TravisMathew reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

17. MISCELLANEOUS LEGAL PROVISIONS

TravisMathew may discontinue this Website at any time and for any reason, without notice. TravisMathew may change the contents, operation, or any and all other features of this Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TravisMathew as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TravisMathew’s failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement constitutes the entire and final agreement regarding the Website and its contents, and supersedes any prior or contemporaneous communications between you and TravisMathew regarding the Website and its contents.

All rights not expressly granted herein are hereby reserved to TravisMathew.

18. TRAVISMATHEW PHYSICAL WAREHOUSE SALE SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW.

19. BAZAAR VOICE TERMS AND CONDITIONS

CUSTOMER RATINGS AND REVIEWS AND QUESTIONS AND ANSWERS TERMS OF USE
These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by TravisMathew (the "CRR Service").

By submitting any content to TravisMathew, you guarantee that:

You are the sole author and owner of the intellectual property rights in the content;
All "moral rights" that you may have in such content have been voluntarily waived by you;
All content that you post is accurate;
You are at least 18 years old;
Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree that you may not submit any content:

That is known by you to be false, inaccurate or misleading;
That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
For which you were compensated or granted any consideration by any unapproved third party;
That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold TravisMathew (and its officers,directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant TravisMathew a perpetual,irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at TravisMathew's sole discretion. TravisMathew reserves the right to change, condense, withhold publication, remove or delete any content on TravisMathew's website that TravisMathew deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. TravisMathew does not guarantee that you will have any recourse through TravisMathew to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, TravisMathew reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not TravisMathew, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of TravisMathew, its agents,subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Terms & Conditions

1. Introduction

Welcome to http://www.travismathew.ca (the "Website"). The Website is owned and operated by travisMathew, LLC, and its subsidiaries and affiliates (collectively referred to herein as "TravisMathew" "we" "us" and "our").

By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement (the "Agreement") and any and all rules, guidelines and directions found throughout the Website. Please read this Agreement carefully. This Agreement applies to all users of the Website, including users who are viewers of material on the Website and users who register for the Website as set forth below in Section 6.

By using the Website you also represent that you are at least 13 years old. TravisMathew does not knowingly collect personal information from users under the age of 13. Such users are expressly prohibited from submitting their personal information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. YOU MAY NOT USE OR REGISTER FOR THE WEBSITE IF YOU ARE UNDER THE AGE OF 13.

In addition, when you use any current or future version of the Website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify any of the terms of this Agreement, including without limitation our registration requirements, payment, shipping and return policies. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.

2. PRIVACY

3. CONSIDERATION

4. RESTRICTIONS ON USE OF MATERIALS

Trademarks. TravisMathew and other trademarks, service marks, trade names, and trade dress indicated on our Website are trademarks or registered trademarks of TravisMathew and its affiliates. All rights in such trademarks and other materials are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark or other proprietary right owned or controlled by TravisMathew or any third party.

Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Website are the copyrighted property of TravisMathew or its third-party licensors to the full extent provided under the Canadian Copyright Act, United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of TravisMathew or any third party.

To request usage permission, please contact us via e-mail at info@travismathew.com

5. NOTICE OF COPYRIGHT INFRINGEMENT

(1) Identification of the copyrighted work claimed to have been infringed ;
(2) Identification of the allegedly infringing material on the Website that is requested to be removed ;
(3) Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary ;
(4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law ;
(5) A statement that the information in the notification is accurate and, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(6) An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Our copyright agent for notice of claims of copyright infringement on the Website is TravisMathew’s Legal Counsel, who can be reached as follows:

GENERAL COUNSEL

2180 RUTHERFORD ROAD

CARLSBAD, CA 92008

6. REGISTRATION

You do not have to register to view the Website. You can visit the Website, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the Website, including but not limited to the ability to purchase products through the Website. To register, you must create a user account, which requires you to provide your e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TravisMathew immediately of any breach of security or unauthorized use of your account. TravisMathew will not be liable for any losses caused by any unauthorized use of your account, or for any delay in shutting down your account after you have reported a breach of security to us. TravisMathew reserves the right to refuse registration or terminate a user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time.

7. COMMENTS AND UNSOLICITED SUBMISSIONS

We welcome your comments and feedback about the Website and our products. In addition, in some places the Website enables users to post comments and product reviews which may be viewed by other users. Any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") posted to the Website or sent to us, whether through the Website, e-mail, facsimile, mail or by other means, shall be and remain the exclusive property of TravisMathew. Your submission of any such Comments shall constitute a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Comments. Further, you waive all moral rights in and to your Comments. As such, TravisMathew (and its licensees, distributors, agents, representatives and other authorized users) will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to allow us to use in this manner, including any confidential materials such as product ideas, concepts, data, technical information, suggestions, photographs, artwork, stories, videos, audiovisual works, sound recordings, program formats, characterizations and/or other similar materials ("Unsolicited Submissions").

If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any material constitutes an Unsolicited Submission, such material shall be conclusively deemed to be an Unsolicited Submission. No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Unsolicited Submission. Without limiting the foregoing, you hereby grant TravisMathew (and its licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Unsolicited Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). Further, you waive all moral rights in and to your Unsolicited Submissions. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Unsolicited Submissions are used by us.

You agree that any Unsolicited Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any moral rights, ancillary rights or similar rights in or to the Unsolicited Submissions exist, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

You represent and warrant that all of your Comments and Unsolicited Submissions: a. are original to you and that you have obtained all necessary rights in and to the Comments and Unsolicited Submissions and all of their components (if applicable) to grant the licences above ; b. your Comments and Unsolicited Submissions do not violate any law ; and c. your Comments and Unsolicited Submissions comply with these Terms of Use.

8. LICENSE AND WEBSITE ACCESS

TravisMathew grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TravisMathew. This license does not include any resale or commercial use of the Website or its contents ; any collection and use of any product listings, descriptions, or prices ; any derivative use of the Website or its contents ; any downloading or copying of account information for the benefit of another entity or merchant ; or any use of data mining, robots, spiders or similar data gathering and extraction tools

Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior, express written consent of TravisMathew. You may not frame or use framing techniques to enclose any portion of the Website, including without limitation, any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TravisMathew and its affiliates, licensors or licensees without the prior, express written consent of TravisMathew. You may not use meta tags or any other hidden text using TravisMathew’s name or trademarks without the prior, express written consent of TravisMathew. Any unauthorized use will immediately terminate the permission or license granted by TravisMathew.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TravisMathew so long as the link does not portray TravisMathew or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by TravisMathew in its sole discretion. You may not use any TravisMathew logo or other proprietary graphic or trademark as part of the link without the prior, express written permission of TravisMathew. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by "deep linking," or otherwise, without prior written permission from TravisMathew.

9. THIRD-PARTY AND CO-BRANDED WEBSITES

The Website may contain hyperlinks ("links") to websites operated by persons or entities other than TravisMathew ("third-party Websites") or to co-branded websites operated by a third party, including TravisMathew’s affiliates and licensees ("co-branded Websites"). We provide such links for your reference and convenience only. A link from the Website to a third-party or co-branded Website does not mean or imply that TravisMathew endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. TravisMathew explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. TravisMathew does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. TravisMathew does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against TravisMathew with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Website. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any Online or offline transaction with any third-parties.

10. YOUR RESPONSIBILITIES

By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization form TravisMathew; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Website; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

11. TERMINATION OF RESTRICTION

12. RISK OF LOSS

13. PRODUCT INFORMATION

In some cases, merchandise displayed for sale at the Website may not be available in retail store(s). Prices offered Online may differ form prices in other sales channels. Unless otherwise stated, the prices displayed at the Website are quoted in Canadian Dollars.

14. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE WEBSITE IS PROVIDED BY TRAVISMATHEW ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAVISMATHEW MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

IN NO EVENT WILL TRAVISMATHEW, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES ; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO TRAVISMATHEW THROUGH THE WEBSITE ; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. APPLICABLE LAW AND DISPUTES

16. IDEMINIFICATION

You hereby agree to indemnify, defend, and hold TravisMathew, its licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with TravisMathew in the defense of any claim. TravisMathew reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

17. MISCELLANEOUS LEGAL PROVISIONS

All rights not expressly granted herein are hereby reserved to TravisMathew.

18. BAZAAR VOICE TERMS AND CONDITIONS

CUSTOMER RATINGS AND REVIEWS AND QUESTIONS AND ANSWERS TERMS OF USE

These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by TravisMathew (the "CRR Service").

By submitting any content to TravisMathew, you guarantee that:

• You are the sole author and owner of the intellectual property rights in the content ;
• All "moral rights" that you may have in such content have been voluntarily waived by you ;
• All content that you post is accurate ;
• You are at least 18 years old ;
• Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree that you may not submit any content:

• That is known by you to be false, inaccurate or misleading ;
• That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy ;
• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, privacy, anti-spam, anti-discrimination or false advertising) ;
• That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, pornographic, obscene, disparaging, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation ;
• That is deemed, in the sole and absolute discretion of TravisMathew, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity ; alcohol/drug consumption or smoking ; explicit or graphic sexual activity, or sexual innuendo ; crude, vulgar or offensive language and/or symbols ; derogatory characterizations of any ethnic, racial, sexual, religious or other groups ; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct ; personal information of other individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic) ; commercial messages, comparisons or solicitations for products or services other than products of TravisMathew ; any identifiable third party products, trade-marks, brands and/or logos, other than those of TravisMathew ; conduct or other activities in violation of these Terms of Use ; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by TravisMathew in its sole and absolute discretion ;
• For which you were compensated or granted any consideration by any unapproved third party ;
• That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold TravisMathew (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, and without limiting any other grants you provide in this Agreement, you grant TravisMathew a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at TravisMathew's sole discretion. TravisMathew reserves the right to change, condense, withhold publication, remove or delete any content on TravisMathew's website that TravisMathew deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. TravisMathew does not guarantee that you will have any recourse through TravisMathew to edit or delete any content you have submitted. TravisMathew reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not TravisMathew, are responsible for the contents of your submission. Without limiting our privacy policy, none of the content that you submit shall be subject to any obligation of confidence on the part of TravisMathew, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

19. CONTACT US.

You may contact us at 15202 Graham Street, Huntington Beach, CA 92649, 1-877-969-1952 or Onlinesupport@travismathew.com