Legal Notice

Welcome to the Top-Flite website (the "Site"). This Site has certain rules that you must follow during your visit ("Rules"). Please read these Rules carefully before beginning.

About Us
The Top-Flite Golf Company is a wholly owned subsidiary of Callaway Golf Company, located at 425 Meadow Street, Chicopee, Massachusetts 01021. Callaway Golf Company's headquarters are located at 2180 Rutherford Road, Carlsbad, California 92008, USA. The telephone number is 760.931.1771. Currently, Callaway Golf has subsidiaries in the United States, Canada, Europe, Japan, Korea and Australia. In addition to the Top-Flite and Callaway Golf brands of products, other subsidiaries include Odyssey and Ben Hogan. Unless otherwise noted, these Rules apply to every website maintained by Callaway Golf Company and its corporate subsidiaries.

Website Updates
Top-Flite reserves the right to revise these Rules at any time. Please check back periodically for changes which will be reflected in this document. The Rules were last updated on January 1, 2007. There have been no changes since that date. Your continued use of the Site following the posting of changes to these Rules means you accept those changes and that they apply to you.

Use of Site Content
Top-Flite maintains this Site and its contents for your personal information, entertainment and education. You may view and download material displayed on the Site for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, retransmit, republish, reuse, repost, or use the contents of this Site for public or commercial purposes, without Top-Flite's prior written permission. You may not alter or interfere with the content or functioning of the Site, or "mirror" any content contained on this Site on any other server. The materials at this Site are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Rules, your right to use this Site will terminate immediately.

Communicating With Us
Top-Flite welcomes your comments. However, please do not send us any creative ideas, original materials, or suggestions relating to products or marketing plans. Any communication or material you transmit to Top-Flite or post to the Site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary, and may be disseminated or used by Top-Flite or its parent or affiliates for any purpose including, but not limited to, developing, manufacturing or marketing products. Anything you transmit or post may be used by Top-Flite or its parent or affiliates for any purpose, including but not limited to product or service solicitations, reproduction, disclosure, transmission, publication, and broadcast. You may not post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Contests, Sweepstakes and Other Interactive Transactions
The Site may offer you opportunities to vote on certain matters and also enter contests and sweepstakes. By casting a vote or entering contests or sweepstakes, you signify your agreement to all of the terms set forth on the Site applicable to the balloting, contest or sweepstakes, as well as to the terms set forth in these Rules and in our Privacy Policy. See our Privacy Policy for further information.

Disclaimer of Warranty
Top-Flite does not warrant or represent that the content of the Site is accurate, or that the Site's operation will be error-free or uninterrupted, or that it will be free of viruses or other harmful components. Use the Site at your own risk. Top-Flite does not represent or warrant that your use of materials displayed on this Site will not infringe rights of third parties. Information published at this Site may refer to products, programs or services that are not available in your country. Without limiting the foregoing, the Site is provided "as is" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation of Liability
Neither Top-Flite nor any third party involved in creating or delivering the Site will be liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the Site, even if Top-Flite has been advised of the possibility of such damages.

Links
The Site may from time to time display links to other websites or resources sponsored by third parties as a convenience to you. Top-Flite is not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources. Various third-party websites may provide links to this Site. We have not reviewed any or all of the third-party websites linked to this Site. We are not responsible for the content of any off-site pages or any other websites linked to this Site. Linking to this Site, off-site pages or other websites is done so at your own risk. Note that anyone linking to the Site must comply with the Link Guidelines as well as all applicable laws.

Copyright Notices
The copyright in all content provided on this Site is held by Top-Flite, Callaway Golf or by the original creator of the content. Except as provided in these Rules, such content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Callaway Golf or the copyright owner. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Site, please notify Callaway Golf immediately. See Notice and Procedure for Making Claims of Copyright Infringement to learn more.

Trademarks
The trademarks, service marks, and logos ("Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Callaway Golf, Top-Flite, and others. Nothing on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Callaway Golf and Top-Flite aggressively enforce their intellectual property rights to the fullest extent of the law. A partial list of Top-Flite's U.S. Trademarks owned by Callaway Golf follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of Callaway Golf should be referred to the Callaway Golf Legal Department at (760) 931-1771.

United States Trademarks: Aero®, America's First Golf Ball®, Ascent®, Birdie®, Complete™, Distance Yourself™, Eagle®, Eclipse™, Elite®, Executive Limited®, Explosive Distance. Amazing Soft Feel®, Extra Carry®, Fast-Flite®, Flying Lady™, Go-Flite®, HCT™, High-Flite®, Magna®, Magna Distance®, Molitor®, Pro-Flite®, Pure Distance®, Renegade®, Slickote®, S.O.A.R.®, Solitaire™, Speed-Flite®, Strata®, Strata Distance®, Strata-Flite®, Super Range®, Super-Flite®, Switch.Lower Your Score®, The Longest balls®, Titanium Extreme®, Top-Flite®, Top-Flite Plus®, Top-Flite Quartz™, Top-Flite XL®, Tour Impact®, Tour Straight®, Tour Ultimate®, XL 2000®, XL 3000®, XL Classic®, XL Extreme®, XL Extreme Tour™, XL Plus™, X-Outs®, Z-Balata®, Zinthane®.

In addition to trademarks held in the United States, the Company holds trademarks worldwide. For information regarding Callaway Golf's other brand trademarks, visit www.callawaygolf.com, www.benhogan.com, www.odysseygolf.com, www.callawaygolfpreowned.com and www.tradeintradeup.com.

Products: Products displayed on this Site can be found at authorized Top-Flite Retail Locations near you, while supplies last. Please use our Retail Locator to find an authorized retail location near you. We have done our best to display the true colors of the products found on this Site; however, colors may vary due to the settings of your computer monitor.

Site Operation: Top-Flite controls and operates this Site from its headquarters in Carlsbad, California, United States of America and makes no representation that these materials are appropriate for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws. You may not use, export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.

Governing Law: These Rules and your use of the Site will be governed by the laws of the State of California, as applied to contracts entered into between California residents and performed in California. Any dispute arising out of these Rules or your use of the Site will be heard only in the state or federal courts located in Carlsbad, California, USA, and you hereby consent and submit to the personal jurisdiction of such courts.

Interpretation: If any provision of these Rules is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Rules (and the links contained herein) state the entire agreement between the parties relating to use of the Site. The Rules may not be amended except as provided above.

Forward-Looking Statements: Statements contained on this Site regarding Top-Flite's business which are not historical facts are "forward-looking statements" that are based upon information and expectations at the time they were first made or posted. Actual results may differ materially as a result of certain risks and uncertainties. For details concerning these and other risks and uncertainties see "Management's Discussion and Analysis of Financial Condition and Results of Operations - Certain Factors Affecting Callaway Golf Company", contained in the Callaway Golf Company's most recent financial report (e.g. 10-K or 10-Q) filed with the Securities and Exchange Commission. Readers are cautioned not to place undue reliance on such statements which speak only as of the date first made or posted. Top-Flite undertakes no obligation to republish revised forward-looking statements to reflect the occurrence of unanticipated events or circumstances that effect such statements.

Unsolicited Idea Submission Policy: Top-Flite or any of its employees do not accept or consider unsolicited ideas, including ideas for new golf clubs, golf balls, golf accessories or any other golf-related products, technologies, processes, materials, marketing plans or new product names. Please do not send any prototypes, samples, artwork, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Top-Flite's products or marketing strategies might seem similar to ideas submitted to Top-Flite. Please do not send your unsolicited ideas to Top-Flite or to anyone at Top-Flite. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Top-Flite makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Privacy Notice

At Top-Flite, we are committed to your privacy. As a visitor to one of our websites, we will only contact you if you wish to be contacted by us. With that in mind, we offer you the following details on how we gather, use, share and protect the information collected at this website.

  1. What kinds of information does Top-Flite collect?
  2. What are cookies?
  3. Why does Top-Flite collect this information? How is it used?
  4. Where does Top-Flite store this information? Is it secure?
  5. How long will Top-Flite store this Personal Information?
  6. Does Top-Flite share this information with anyone?
  7. What is the process for reviewing and correcting information?
  8. Does Top-Flite offer links to other websites?
  9. How does Top-Flite handle Personal Information received from 3rd parties?
  10. How does Top-Flite protect the privacy of children?
  11. What happens if Personal Information is not provided?
  12. How can I stop receiving communications from Top-Flite?
  13. What happens when changes are made to this Privacy Policy?
  14. When was this Privacy Policy last updated? When do changes take effect?

1. What kinds of information does Top-Flite collect? Top-Flite's websites can collect information about you in a number of ways. One way we do this is by directly requesting information from you (as on a sweepstakes or contest entry form, as part of a product registration page, in response to a survey or on similar webpages where you are able to enter information into data fields and then send this information back to Top-Flite). You may be given the opportunity to voluntarily provide us with individual information such as your name, address, phone number, fax number, email address, and similar information. We may also ask you questions about your golf game, buying preferences, or lifestyle. We refer to all of this information as your "Personal Information."

We also collect information by automatically recording information about your visit. For example, we might collect data regarding your activity while on our websites or record the webpages that you have chosen to visit. This is a common practice for many websites on the Internet. The information collected does not personally identify you, but may be helpful to us for marketing purposes or improving the services we offer. We refer to this type of information as "General Data." For example, we automatically log visitors' domain and IP addresses (a unique string of numbers that identifies a computer on the Internet). At times, this General Data may be combined with the Personal Information that you have provided. As described below, we also use cookies to enable the website to personalize your future visits and to help you navigate.

You may also be given the opportunity to give us feedback about our products or services or to post messages for others to read. Sometimes this is done anonymously. In other instances, your name or other identifying features may be included. This process will always be voluntary and we will explain to you how the information will be used beforehand.

Top-Flite intends to give you as much control as possible over your Personal Information. In general, you can visit Top-Flite on the Internet without revealing any Personal Information about yourself. There are times, however, when we may need your Personal Information in order to respond to you, process your requests, or to allow you to participate in online promotions. It is our intent to let you know before we collect information from you on the Internet.

If you choose to give Top-Flite Personal Information via the Internet, it is also our intent to let you know how we will use such information. If you tell us that you do not wish to have this Personal Information used as a basis for further contact, we will not do so.

2. What are cookies?
"Cookies" are pieces of information that a website transfers to your hard drive for record-keeping and other purposes. Cookies allow the website to remember important information that will make your use of the site more convenient and efficient. Like many websites, Top-Flite uses cookies for a variety of purposes in order to improve your online experience. For example, we track the total number of visitors to our site on an anonymous aggregate basis. We may also employ cookies so that we remember you when you return to the site, to keep track of the webpages that you have looked at, to administer certain online contests, sweepstakes and promotions, or to help customize your Top-Flite web experience. We also may associate Personal Information with a cookie file in those instances. Additionally, we may also use third party cookies to display advertisements on external websites.

Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. Click on the "Help" section of your browser to learn how to change your cookie preferences. However, if you disable all cookies, you may not be able to take advantage of all the features offered on Top-Flite's websites.

3. Why does Top-Flite collect this information? How is it used?
We need this information to help us improve our services for you; we want to make it easier to tailor our products and services to your particular needs. We also want you to have the most enjoyable Internet experience possible.

With that in mind, Top-Flite collects Personal Information and General Data in order to:

If you elect to receive Top-Flite-related email by opting-in to any of our email services, we may send you occasional emails to keep you informed of golf-related products, services, information, contests or promotions or to provide you with the goods, services, website features or information that you requested. If you decide that you no longer wish to receive these emails, you will be given several ways to opt-out. This process is described in greater detail below.

If you provide us with your mailing address, telephone number or facsimile number, and tell us that we may contact you, we may also get in touch with you by one of these methods.

4. Where does Top-Flite store this information? Is it secure? Top-Flite operates in many countries throughout the world. To enable us to offer consistent service to our customers, wherever they may live, we manage all of our Internet sites from one central location. This is currently in the United States of America. Information may be collected outside of the U.S. and transferred to the U.S. in certain instances.

Top-Flite takes precautions to protect your Personal Information, including our policy of allowing access to this Personal Information only to those individuals and entities with a need to know. We also use available technology and encryption, when legally required or when appropriate for your protection, to provide a more secure environment and to reduce the chance of unauthorized access.

Personal Information is stored in a secure environment protected by a combination of physical and technical measures. The information may be kept in separate locations or it may be aggregated into reports, lists or databanks. There is no general public access to this information. In some cases, Personal Information may be encrypted before you conduct your transaction, using appropriate secure technology. If you send us correspondence such as email or postal mail, or contact us by phone, we may collect such information in a file specific to you. These files will also be stored in secure locations.

Always keep in mind, however, that the Internet is not a secure system and you should always be cautious about the information you disclose while you are online. Although we take steps to protect your Personal Information against loss, misuse and alteration, as is the case with all computer networks linked to the Internet, we cannot absolutely guarantee the security of your Personal Information provided over the Internet and we will not be responsible for loss, misuse or alteration of the Personal Information.

5. How long will Top-Flite store this Personal Information?
We will remove the Personal Information within a reasonable period of time after receiving your request to do so. Otherwise, Top-Flite will store this information in a secure and protected environment for as long as we believe it necessary to serve you and to carry out the other purposes for which we collected the Personal Information and General Data. In addition, legislation might oblige us to store this Personal Information for a certain period of time.

To understand how you can amend or update your Personal Information, please refer to the appropriate point in this Privacy Policy.

6. Does Top-Flite share this information with anyone?
It is our policy not to disclose Personal Information about our website visitors without your explicit consent. This consent is given by your election to "opt-in" at the time you provide us with the Personal Information. Once you opt-in, you are granting us permission to use the Personal Information as described in this Privacy Policy, including transferring to and storing your Personal Information at our central website located in the United States of America. Your election to opt-in is also your agreement that we may share your Personal Information with selected business partners and affiliates. The opt-in process further means that Top-Flite and the entities that we share your Personal Information with (as described below) may contact you directly in accordance with this Privacy Policy. Whenever we share Personal Information pursuant to this Privacy Policy, we will inform the party receiving it that the Personal Information may only be used for a specific, limited purpose in accordance with this Privacy Policy and as agreed upon in advance by Top-Flite. We also may use confidentiality agreements to further protect Personal Information that becomes the property of Top-Flite.

From time-to-time, in order to provide you with the services, information and products that you have requested, to conduct contests, promotions or sweepstakes or to provide you with services, information and products that we think might be of interest to you, we may share your Personal Information with the following entities and individuals:

Corporate Entities: The Top-Flite Golf Company is a wholly owned subsidiary of Callaway Golf Company. In the event that Top-Flite, Callaway Golf or one or more of Callaway Golf's other subsidiaries merges with, acquires or is acquired by another company, in whole or in part, we may also share information with this other business entity. If this occurs, we will require that this other business entity follow this Privacy Policy with respect to your Personal Information.

Licensees, Licensors and other Business Partners: Top-Flite may enter into business dealings, license agreements or other contracts with third parties (we call these relationships "Third Party Agreements"). In connection with these Third Party Agreements, Top-Flite may license various trademarks and other intellectual property rights to third parties. At other times, Top-Flite may receive permission from a third party to use the third party's trademarks or intellectual property rights. In addition, Top-Flite may enter into business relationships or contracts with other companies for a variety of goods and services. To the extent that Personal Information is shared with these third parties, we will inform them that the Personal Information may only be used for a specific, limited purpose in accordance with this Privacy Policy and as agreed upon in advance by Top-Flite.

Marketing, Advertising and Website Hosting Companies: Occasionally, Top-Flite utilizes the services of outside agencies, companies or individuals to run marketing campaigns, respond to information requests, coordinate contests, sweepstakes and promotions, or to host or operate websites and webpages that are connected with our business. We may also contract with third parties to help us better understand your web usage preferences or to analyze data that we collect on our websites and elsewhere. To the extent that Personal Information is shared with these third parties, we will inform them that the Personal Information may only be used for a specific, limited purpose in accordance with this Privacy Policy and as agreed upon in advance by Top-Flite.

Consultants and Corporate Service Providers: Top-Flite may use third parties to help us operate various aspects of our business. This might include people or companies that we bring in to help us understand how to more efficiently operate our business. It also might include third parties that we may use to outsource or help facilitate one or more aspects of our business (e.g. order fulfillment, customer service, co-branding issues, manufacturing, payment processing, etc.). To the extent that Personal Information is shared with these third parties, we will inform them that the Personal Information may only be used for a specific, limited purpose in accordance with this Privacy Policy and as agreed upon in advance by Top-Flite.

Law Enforcement, Regulatory Agencies and Legal Proceedings: Top-Flite may share your information with government entities, authorized law enforcement personnel, regulatory bodies or as part of legal proceedings, in response to a valid subpoena or court order or as required by law.

7. What is the process for reviewing and correcting information?
You may request a copy of the Personal Information that Top-Flite has collected. You may also correct any inaccuracies contained in this Personal Information. We do not charge for information requests, although we may charge you a fee to cover our reasonable costs of actually providing you with a copy of your Personal Information. We will require proof of your identity. Please address requests to Internet Customer Service Representative, The Top-Flite Golf Company, 425 Meadow Street, Chicopee, Massachusetts 01021 or call us 800-873.7655 or email us at webmaster@prodregister.com. We will provide you with a readable copy of the Personal Information within a reasonable time period after your request (usually 30 days, although we will acknowledge your request within 14 days). You may challenge the data that we hold about you, and, where appropriate, you may have the data corrected or deleted. In some instances recognized by law, we may refuse to provide you with a copy of the Personal Information or change the data, but we will give you reasons for our refusal.

We also welcome your questions, comments and suggestions about our Privacy Policy. Please send your comments to webmaster@prodregister.com.

8. Does Top-Flite offer links to other websites?
We may also offer links to websites that are not operated by Top-Flite. If you visit one of these linked sites, you should review their privacy and other policies. We are not responsible for the policies and practices of other companies. Similarly, while all websites operated by Top-Flite have similar privacy policies that govern their use and operation, policies may vary from site to site based upon local customs, practices or laws or due to circumstances unique to that site. Please review the Privacy Policy of each site to determine the privacy policies of that site.

9. How does Top-Flite handle Personal Information received from third parties?
Any Personal Information that Top-Flite receives from third parties is subject to the privacy polices of those entities. We are not responsible for the policies and practices of other companies. You should carefully review the Privacy Policy of any third party to make sure you are comfortable with how they are going to treat your personal data. For example, some companies may require you to opt-out of their information exchange programs. In those instances, Top-Flite may receive and/or use information gathered by these outside companies or agencies, and the handling and processing of your data will be governed by such third parties' policies and not by this Top-Flite policy.

10. How does Top-Flite protect the privacy of children?
Our website is not directed at children under the age of 13, nor do we knowingly solicit or collect Personal Information from children under the age of 13. If we become aware that a user is under the age of 13 and has signed up without prior verifiable parental consent, we will remove his or her Personal Information from our files immediately.

11. What happens if Personal Information is not provided?
If you choose not to provide Personal Information, you will still, in most cases, be able to use many of the website features. However you will not be able to access areas that require registration or participate over the Internet in contests, sweepstakes or similar promotions. Even if you do not provide Personal Information, we will sometimes collect anonymous information about how you have used the website. This is information that does not personally identify you, but which may be helpful for marketing or improving the services we offer.

12. How can I stop receiving communications from Top-Flite?
If you wish to stop receiving communications from us or would like us to cease processing your information in any other way, you can write to us at: Internet Customer Service Representative, The Top-Flite Golf Company, 425 Meadow Street, Chicopee, Massachusetts 01021, call us 800-873.7655, or email us at webmaster@prodregister.com.

We will also provide you with a return email opt-out address in each email that we send to you so that you may opt out of receiving future email communications. This return opt-out address will be operational for at least 30 days following the date the email was originally sent to you.

13. What happens when changes are made to this Privacy Policy?
From time to time, it may be necessary for Top-Flite to change this Privacy Policy. We suggest that you check here periodically. Such modifications will automatically be effective 30 days after they are initially posted on the website. However, changes will not be retroactively applied and will not alter how we handle previously collected information.

14. When was the Privacy Policy last updated and when do those changes take effect?
This Privacy Policy is effective January 1, 2007. There have been no updates to this Privacy Policy since that date.