ATOLE | TravisMathew Official Online Store (2023)

The effective date of these General Terms and Conditions is: August 29, 2019

The TravisMathew US Loyalty Program (“Program”) is made available to you by travisMathew LLC (“TravisMathew” and/or “we” or “us”). The Program is subject to these TravisMathew Loyalty Program Terms and Conditions (“Program Terms”). [We should discuss the entities listed on the site. TravisMathew is the legal entity listed in the Website Terms of Use, however Callaway is listed as a legal entity in the Privacy Policy. By participating in the Program, you agree to these Program Terms.

ARBITRATION OF CLAIMS:

Please read these Program Terms carefully. They affect your statutory rights and require binding arbitration for claims related to the Program, a waiver of class action claims related to the Program, and a waiver of the right to a jury trial to the fullest extent permitted by law. You agree that any claim or dispute arising out of or related to your participation in the Program must be resolved through mandatory, binding arbitration rather than litigation in court. This means that an arbitrator, not a judge or jury, will decide all claims related to the program. see Section 13 below for more details.

The Program is void where prohibited by law.

1. Overview

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

• (i) at any TravisMathew retail store in the United States (ask a store representative to help you begin the process),
• (ii) by visiting travismathew.com (“Site”) and completing the Program Account Registration Form

Eligible Customers who sign up for a Program account (“Members”) may earn points (“Points”) with each Earning Activity (as defined below). Once you have earned the required number of Points, those Points will be converted into Store Rewards (“Rewards”) which you can use to make Authorized Purchases (as defined below).

2. Eligibility and Registration

The Program is open only to lawful residents of one (1) of the fifty (50) United States or the District of Columbia who are of legal age in their country of residence. You must provide us with all necessary information in order to register for a Program account. First name, last name, a valid email address and phone number are required to set up a program account. Additional information such as date of birth and gender is not required. However, you may receive additional program benefits if you choose to provide them. There is no cost to sign up and no purchase is required to sign up. By signing up for the Program and creating a Program account, you consent to receiving Program-related email communications from TravisMathew. Members who have opted out of receiving marketing emails from TravisMathew may continue to participate in the Program and receive communications through their Program account (e.g., point balance, usage, and updates on changes to these Program Terms). There is a limit of one (1) Program Account per person/email address/phone number. You agree that you will not participate in the Program under more than one (1) Program account. Companies, groups, and associations are not eligible to register for a program account.

You agree not to sell, transfer, or assign your program account, rewards, or membership rights. Points and rewards are not your personal property, are not decremented and cannot be inherited, traded, bought or sold. For online users, you are responsible for maintaining the confidentiality of all login information and for restricting access to your computer (or other device, if applicable) so that others cannot access your program account.

Points for earning purchases at TravisMathew.com or through the TravisMathew Call Center qualify for points once all items have been shipped, meaning that items in the same transaction that are shipped separately are all eligible for points after the last item has been dispatched. Point credit timing for bonus earning activities may vary, but will appear in your Program account within approximately thirty (3) business days of the completion of a bonus earning activity. You can view your program account summary by logging into TravisMathew.com and navigating to the rewards dashboard or by calling our customer service team at 1-877-969-1952.

Tier-Info

After your points have been automatically converted into rewards, those points will be removed and [describe how consumers will be notified of the reward's availability, e.g. by other means at our sole discretion) approximately 30 days after conversion OR you will be notified via email Mail notified of the applicable reward, which will be available in your program account online and at checkout in stores]. If you earn multiple rewards at the same time, they will be combined and included in one (1) email. Rewards are issued with unique promo codes that can be used in store, online or through our call center as described in Section 5 below (each, a “Rewards Voucher Code”). [Please revise to reflect the method by which awards are issued/made available to members.] Each award voucher code may be used once by the program account holder.

Points are converted on a "first in, first out" basis, so the first points earned are the first points converted into a reward. After conversion, your point balance will be reduced by the number of points used to receive the reward(s). If a return, refund or balance adjustment results in insufficient points for the converted awards, the conversion may not proceed. If the award is fulfilled and we later determine that you do not have enough points for the awards in your points balance, future accrued points will be counted towards the awards until sufficient points are earned, in addition to any other action we may take, to cover redemption of rewards. Points will not be converted into rewards until you return to a positive balance. Points you earn may not be combined with points earned by anyone else for the purpose of receiving rewards or for any other purpose. Earned points have no cash value and cannot be bought, sold, bartered or exchanged for cash, except where required by law. If the points earned are determined to be unauthorized or fraudulent, you will not receive a reward for those points.

See Appendix A for up-to-date information on benefits, how points are calculated, how many points must be earned to earn a reward, and the value of a reward. We may change the way Points are calculated, how many Points must be earned to earn a Reward, and the value of a Reward at any time.

4. point run; award expiration; Returns & Exchanges; Mistake

[The following requires confirmation of points/award expiration policy. For example, do converted rewards expire after a period of inactivity? And/or do non-converted points expire? Once we have a better grip on the policy, we may revise it to accurately reflect.] If you take no action to earn points through a earning activity for twelve (12) months, any unused points [or rewards?] in Your program account (i.e. points not converted into rewards) will expire [Please confirm this is intentional, as opposed to e.g. B. unused points that expire 12 months after receipt]. Rewards expire forty-five (45) days after points are converted into a reward. Members will receive a reminder email five (5) days before each award expires.

If you return a purchase for which you have earned points under TravisMathew's then-current Returns Policy, the points associated with your program account will be reduced by a number of points equal to the amount of the refund you receive. In the event of an equal exchange, all points earned in connection with the original purchase will be retained. In the event of an exchange for an item of lesser value, the difference in value from your original purchase will be deducted from your Program account. In the event of an exchange for an item of greater value, points will be credited for any additional expenses in accordance with these Terms. Any new promotional offers in effect at the time of exchange will not apply and will not change your Program Account balance.

Our transaction records will be deemed conclusive where there is a dispute as to the number of points or the number or value of any award earned, redeemed or deducted. You should keep your copy of the receipt(s) and any other document proving your points balance. Call us at [insert phone number] within thirty (30) days of the relevant transaction date if you have any questions or concerns about your points or rewards.

We accept no liability for any error in the number of points or any award communicated to you.

5. Award Redemption

[For this next section, we made some assumptions about how the redemption process will work, but please review carefully and revise as needed to reflect how the TravisMathew program works.]

Unexpired Awards may be redeemed for purchases of TravisMathew merchandise at a TravisMathew retail store in the United States, on TravisMathew.com, or through our call center [confirm] as long as your membership remains valid and the Award has not expired (each an "Authorized Purchase"). Rewards cannot be applied to previous purchases, existing special orders, charity items, credit card payments, coupons, closeouts, handling fees, surcharges, shipping and handling, taxes, or state and other applicable government fees. Awards are redeemed in US dollars. Each bonus must be used in one purchase. Any remaining unused balance of a redeemed award will be forfeited (and no change will be given). Likewise, the Member using a Reward is responsible for any charges in excess of the value of the Reward. TravisMathew business representatives have the right to refuse any transaction or refuse your use of any reward in the event of any attempted or actual sale or transfer of your points, rewards or program account, or misrepresentation or other fraudulent conduct on your part.

The Reward is in addition to any other promotional credit or rebate offered at the time of purchase (“Other Rewards”), unless otherwise specified in the Other Rewards. The reward will be credited after all other rewards have been applied to the authorized purchase. TravisMathew employees cannot combine awards with an employee discount.

In-Store: To use a Reward on an authorized purchase at one of our retail locations in the United States, you must present a printed/paper or electronic version of your unexpired Reward at the time of purchase. TravisMathew reserves the right to require the person using a Reward to provide proof that they are the individual associated with the Reward. After you use the reward, the TravisMathew representative will not return the printed/paper copy to you. TravisMathew business representatives have the right to refuse any transaction or refuse your use of any reward in the event of any attempted or actual sale or transfer of your points, rewards or program account, or misrepresentation or other fraudulent conduct on your part.

Online: In order to use a Reward towards an authorized purchase on TravisMathew.com, you must enter the code associated with the Reward (the "Reward Code") in the "Promo Code" field at checkout. TravisMathew reserves the right to require the person using a reward to confirm that they are the person associated with the program account into which the reward was deposited.

[Delete if not applicable] Call Center: In order to use a reward when you make an authorized purchase through TravisMathew's call center, you must provide the call center agent with the reward code. TravisMathew reserves the right to require the person using a reward to confirm that they are the person associated with the program account into which the reward was deposited.

You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using any rewards or other awards.

6. Points, rewards and program accounts are non-transferrable and not redeemable for cash

Except as required by law, points and rewards have no monetary or cash value and are not redeemable for cash or have any cash equivalent except as part of the Program. Program accounts and awards are non-transferrable. Rewards can only be used by the Program Account Holder for authorized purchases made in person or online by that Program Account Holder.

7. Loss of Points and Rewards; Termination of Your Program Account

In addition to terminating the Program pursuant to Section 8 below, TravisMathew may also, in TravisMathew's sole and absolute discretion, revoke your participation in the Program for any of the following reasons: (i) your use of any "bot", macro, script or other automated, robotic, mechanical or programmed means to participate in the Program or earn points or rewards; (ii) your failure to comply with these Program Terms and other terms applicable to the Program; (iii) the attempted or actual sale or transfer of your points, rewards or program account; (iv) any misrepresentation or other fraudulent conduct by you; (v) repeated attempts to enter invalid codes; (vi) creating multiple or fake Program accounts; or (vii) any other conduct that TravisMathew, in its sole discretion, deems to be an abuse of the Program, prejudicial to the interests of TravisMathew or its customers, fraudulent, illegal, or otherwise inappropriate.

If your ability to participate in the Program is revoked, any unused points or rewards will automatically expire and your future participation in the Program may be prohibited in TravisMathew's sole and absolute discretion.

TravisMathew is not responsible for any points or rewards that are forfeited, lost or redeemed as a result of fraudulent activity. Any suspected illegal, fraudulent, or other unauthorized use or misuse of points, rewards, or other activities in violation of these Program Terms may, in TravisMathew's sole and absolute discretion, result in termination of your participation in the Program. Such termination will result in the forfeiture of all accrued accumulated points and rewards issued but not yet redeemed.

You agree that TravisMathew's decisions regarding the Program are final.

8. Closure/Termination of Program Account

You may close your Program account at any time by [please provide details, e.g. by calling TravisMathew at ____________________ or emailing TravisMathew at _________________]. Upon the closure or termination of your Program account, all points and rewards associated with your Program account will automatically expire and expire. If you later re-enroll in the Program, you will not have access to any points or rewards associated with your canceled Program account and your initial Points and Rewards balance will be zero (except for Welcome Rewards, which will be added to your new account) .

9. Updating Your Program Account

You can access and update your Program account information, including your email address at a TravisMathew retail store, by emailing our customer service team at [insert email address] or by calling us at [insert phone number]. . It is your responsibility to keep your membership information current, complete and accurate. You are solely responsible for all activities that occur under your Program account.

10. Member Communications

You can view your membership activity via monthly program account status email notifications, by logging into the website and viewing your loyalty profile, or by calling our customer service team at [insert phone number]. A current, valid email address is required in order for a Member to receive certain notifications in the Program, including but not limited to information about certain additional earning activities.

11. LIABILITY; DAMAGES

This program is provided to you "as is", "as available" without any representations or warranties of any kind, express or implied. To the maximum extent permitted by law, Travismathew llc and its affiliates, parent companies and subsidiaries (collectively, the “Travismathew Companies”) make no representations as to the suitability of the Program for any purpose. To the maximum extent permitted by applicable law, the Travismathew Companies shall have no liability or responsibility for any errors or omissions in the Program, for your acts or omissions in connection with your participation in the Program, or for any damages suffered by you 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 the Travismathew Entities 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 related to the Program, delay or inability to participate in the Program or otherwise arise in connection with the Program, whether in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, this disclaimer applies to any damage or injury caused by any loss 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 or use of records, whether for breach of contract, tortious conduct, negligence or otherwise. You expressly acknowledge that Travismathew companies are not responsible for the conduct of other Program participants. The damage limitation in this section is not intended to limit the obligation of the Travismathew Companies (if any) to pay prevailing party costs or fees, if recoverable under applicable law. The limitations set forth in this Section shall not limit or exclude the liability of the Travismathew Companies for personal injury or property damage caused by the Travismathew Companies or for gross negligence, fraud or willful misconduct, willful misconduct or bad faith of the Travismathew Companies, or negligent misconduct.

Each Member understands and agrees that they hereby expressly waive all rights under Section 1542 of the California Civil Code and similar laws of any state or territory of the United States. Section 1542 reads as follows:

"General Release; Scope. A general release does not extend to any claim which the creditor or the disclosing party does not know or suspect to exist in its favor at the time the release is enforced and which, if known to it, would be its materially affected the settlement with the Debtor or the Released Party."

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the companies of Travismathew from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising out of or relating to your participation in the program result .

12. Modification of these Program Terms and Termination of the Program

We reserve the right to change, limit, suspend or otherwise change any aspect of the Program and/or these Program Terms from time to time, including without limitation the eligibility requirements for participation in the Program, the manner, in which Members participate, the manner and rates at which points and awards 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 on the Website, notifying you by email to the email address then associated with your Program account, and/or using other contact information that we may have have for you. The updated Program Terms will be effective when posted, or at a later date, or by such other method as TravisMathew may determine. The updated Program Terms will apply to your participation in the Program from their effective date or if such other action as determined by TravisMathew at that time occurs. If you do not agree to such a change, you may cancel your participation in the Program as described in Section 8. EXCEPT AS REQUIRED FOR A SHORTER TIME PERIOD, WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM ENTIRELY BY PROVIDING YOU FORTY-FIVE (45 ) WRITTEN NOTICE AND INSTRUCTIONS REGARDING THE PENDING TERMINATION.

13. GOVERNING LAW AND DISPUTES

These Program Terms, your rights and obligations, the rights and obligations of TravisMathew, and any actions contemplated by these Program Terms shall be governed by the laws of the United States of America and the State of California, without regard to principles of conflict of laws and as if these Program Terms a Contract made and performed entirely within the State of California.

Any dispute in any way related to your participation in or use of the Program or the products you purchase through the Program will be submitted to confidential arbitration in Orange County, California, United States of America, unless that is the case manner violates or threatens to violate our intellectual property rights, we may seek an injunctive or other appropriate remedy in any state or federal court located in Orange County, California, United States of America, and you consent to exclusive jurisdiction and venue Place of jurisdiction of these courts.

Arbitration under these Program Terms will be conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the request for arbitration is filed. Specifically, the parties agree to comply with the provisions of California Code of Civil Procedure Section 1283.05 relating to the Discovery. The award will be binding and may be entered into as a judgment in any court of competent jurisdiction. To the maximum extent permitted by applicable law, no arbitration under these Program Terms shall be joined to any arbitration involving any other party subject to this Agreement, whether by class arbitration or otherwise.

14. Privacy

Information collected about you in connection with your Program account and the Program is subject to TravisMathew's Privacy Policy, which may be updated from time to time. TravisMathew's privacy policy is available at: https://beta.travismathew.com/privacy-policy or by emailing us at [insert email address] and putting "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 held to be invalid or unenforceable under applicable law, the invalid or unenforceable provision shall 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 shall govern such participation. Our performance under these Program Terms will be excused to the extent that such performance is hindered, delayed or made economically unfeasible 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 in these Program Terms will affect TravisMathew's right to comply with law enforcement requests or requests relating to your participation in the Program or information provided to TravisMathew in relation to such participation provided or collected by TravisMathew.

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 drafted by TravisMathew or its affiliates or physically signed by a TravisMathew officer. Any purported waiver of any breach of these Program Terms will not constitute a waiver of any future breach. A printed version of these Program Terms and/or any communication from TravisMathew in electronic form shall be admissible in any judicial or administrative proceeding based on or relating to these Program Terms or your participation in the Program to the same extent and subject to the same Terms and Conditions as other business documents and records held originally created and maintained in print by TravisMathew.

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 [insert phone number], or visit the FAQ page on the [confirm] website.

Points

5 points for every $1.00 spent*

500 points = $5.00 bonus

Awards are currently issued in five dollar (US$5.00) increments. You may use a reward or a group of rewards that exceeds the total purchase price of the items at checkout; However, you will lose any unused portion of the rewards used. For example, if you have a total purchase price of $101, you can use 21 rewards but will forfeit the $4.00 left over for the 21st reward. [Please confirm previous explanation of how rewards work]

*Points are calculated based on the purchase price of the items at the time of purchase, after discounts and coupons and before taxes and fees are applied. [For example, how are points calculated for a $5.61 purchase? Do you round down?]

program levels

• Plus:If your program account makes purchases between $0 and $499 in a calendar year, you qualify for Plus membership.
• Preferred:To qualify for Preferred, you must make between $500 and $999 in earning purchases on 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 in which you received Preferred Membership status, you will be downgraded to Plus Membership at the beginning of the next calendar year.
• Executive:To qualify for Executive, you must make at least $1,000 in earning purchases on your program account within a calendar year. If you do not make a minimum of $1,000 in Earning Purchases in the calendar year following the year in which you achieved Executive Membership status, you will be eligible for Preferred or Plus Membership at the beginning of the next calendar year, depending on the amount purchased demoted.

Advantages

In addition to exclusive promotional offers that TravisMathew, in its sole discretion, may offer from time to time, membership in the Program provides the following benefits, some of which are dependent on membership status:

• Free home shipping within the 50 U.S. or DC:The type of Home Shipping benefit depends on the membership level. Plus and Preferred members are entitled to free ground shipping, while Executive members are entitled to free two-day shipping. [Is there a minimum transaction spend amount for this benefit?]
• Free returns:[Please provide further description e.g. B. ____ day return policy for items purchased through a member's program account. Only available with valid proof of purchase.]
• birthday bonus:Members must provide 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 the birthday bonus is at TravisMathew's sole discretion. Accounts opened in the month of your birthday or in the month before your birthday will receive the birthday benefit from the following calendar year. The member will receive an email with their offer at the beginning of their birthday month.
• Double Points Day:Preferred and Executive members have the opportunity to earn double points on qualifying purchases on a designated "Double Points Day." Preferred Members are entitled to one (1) Double Points Day per calendar year that they are Preferred Members and Executive Members are entitled to two (2) Double Points Days per calendar year that they are Executive Members. The specific days that this benefit is available is at the sole discretion of TravisMathew, which will notify eligible members at least ____ days prior to the specific Colon Day opportunity.
• Giveaways:All members receive a complimentary welcome gift upon enrolling in the program [verify], and Preferred and Executive members receive an annual complimentary gift from TravisMathew for the years they have attained that level. The choice of gift is at TravisMathew's sole discretion. [Or would you like to clarify: Preferred members get a free hat and Executive members get a free polo shirt. The exact specifications of the free gift are at the sole discretion of TravisMathew.]
• Free Changes:Preferred and Executive members are entitled to free changes on bulk purchases. [Please provide additional details e.g. B. is this available online? Or only in the store? Do members have to pay for shipping when online?]
• Exclusive access to offers and promotions:
• birthday bonus:Members get opportunities to learn about pre-sale notifications, early shopping experiences, and more.