Terms & Conditions

Last Updated: July 30, 2024

Welcome to the Dunlop Sports Americas website at https://us.dunlopsports.com (the "Site") owned and operated by Roger Cleveland Golf Company, Inc., d/b/a Dunlop Sports Americas (“Dunlop”).  When accessing and using our Site, including the information, products, services and other offerings available on or through our Site, purchasing our products, whether at retail or online, participating in a Dunlop-sponsored Demo Day, or accessing any Dunlop-sponsored content or links (collectively, “Visiting Dunlop”), you are subject to the following terms and conditions ("Terms") and applicable laws.  By Visiting Dunlop, you are accepting these Terms, as well as our Privacy Policy without limitation or qualification.  If you do not agree to these Terms or our Privacy Policy, you may not visit or use our Site or should otherwise avoid Visiting Dunlop, and you may not disclose any information to us.  Certain services or other offerings, including demos, fittings, use of a golf simulator, giveaways, sweepstakes and other promotions, provided, made available, or sponsored by Dunlop may be subject to additional terms and conditions (“Supplemental Terms”), and which can be viewed either on the web pages containing such services or offerings, via a link on those pages, or as otherwise indicated on the applicable pages to access the additional terms and conditions.  All Supplemental Terms are deemed incorporated in these Terms by reference.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY ASPECT OF THE SITE OR VISITING DUNLOP.

BY ACCEPTING THESE TERMS, OR USING THE SITE, OR OTHERWISE VISITING DUNLOP, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DUNLOP AND HAVE THE AUTHORITY TO DO SO, THAT YOU HAVE READ THESE TERMS IN FULL, AND THAT YOU UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU OTHERWISE DO NOT MEET THE FOREGOING REQUIREMENTS, YOU MAY NOT USE THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS CONTAIN PROVISIONS THAT LIMIT YOUR RIGHTS AND REMEDIES , INCLUDING (I) A BINDING REQUIREMENT TO ARBITRATE ANY DISPUTE ARISING OUT OF OR RELATING TO THE SITE OR VISITING DUNLOP, INCLUDING ANY RELATED COMMUNICATIONS, AND (II) WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH ANY SUCH DISPUTE, AND (III) LIMITATION OF DUNLOP’S LIABILITY.

CHANGES TO TERMS

Dunlop may, at its sole discretion, modify or revise these Terms at any time by posting such revised Terms and updating the “Last Updated” date set forth above.  The revised Terms shall be effective upon posting to the Site and updating the date (“Revisions Effective Date”).  We may (at our sole option and discretion) also notify you by sending you an email notification to the email address that you provided to us.  It is your responsibility to provide us with your current email address.  If you find any revisions to be unacceptable, you may deliver written notice thereof to Dunlop, 5601 Skylab Road, Huntington Beach, CA 92647, Attn: Director of Legal, and stop using the Site.  Your continued use of the Site of Visiting Dunlop after the Revisions Effective Date, however, will constitute your acceptance of the revised Terms.

USE OF WEBSITE

Dunlop Sports Americas maintains this site for your personal information, entertainment, education, and communication.  You may view and download material displayed on this Site, including, without limitation, the product-related information and other text, images, graphics, audio and video (collectively, the “Site Content”) only for non-commercial, personal use; provided, however, that you also retain all copyright and other proprietary notices contained on the Site Content.  You may not distribute, transmit, modify, reuse, repost, or use any Site Content for public or commercial purposes without Dunlop's prior written permission.  Without limiting the foregoing, you may not alter or interfere with the Site Content or function of this Site, or download any Site Content for use on or in connection with any other website, including internet auction sites.  All Site Content is copyrighted and misuse thereof may constitute violation of copyright, trademark and other laws.  Dunlop reserves all rights to all Site Content.

OUTSIDE SUBMISSION POLICY

As a golf industry leader, Dunlop is committed to developing and offering the most technologically sophisticated and innovative new products available to consumers.  To meet this commitment, our Company employs a skilled team of engineers, designers, and scientists who are responsible for designing, developing, and testing new golf products for Dunlop.  To ensure our commitment to consumers, and to avoid conflicts in designing, developing, and testing these innovative new products, our Company has adopted a policy of refusing idea submissions from individuals not employed by Dunlop.

In addition, our Company does not solicit or pay for ideas or intellectual property rights from non-employees or non-consultants unless a separate written agreement is entered into and signed by a senior Executive Officer of the Company.  UNSOLICITED IDEAS DISCLOSED TO THE COMPANY WILL NOT BE TREATED AS CONFIDENTIAL, AND DUNLOP RESERVES THE RIGHT TO RETAIN OR DESTROY ANY SUCH SUBMISSION AT ITS SOLE DISCRETION AND WITHOUT NOTICE TO YOU. IF YOU SUBMIT AN UNSOLICITED IDEA NOTWITHSTANDING THIS PROHIBITION, YOU WILL BE DEEMED TO HAVE PROVIDED Dunlop AND ITS AFFILIATES AN UNLIMITED, IRREVOCABLE, TRANSFERABLE AND SUBLICENSABLE LICENSE TO USE ANY INTELLECTUAL PROPERTY INCLUDED OR EMBODIED IN YOUR SUBMISSION THROUGHOUT THE WORLD IN PERPETUITY. WE DO NOT ASSUME ANY RESPONSIBILITY FOR GUARDING YOUR SUBMISSION AGAINST ANY LOSS OF RIGHT, OR CLAIM OF TITLE, AND YOU HEREBY RELEASE US, ON BEHALF OF YOURSELF, YOUR SUCCESSORS AND ASSIGNS, FROM ANY LIABILITY RESULTING FROM OR ARISING OUT OF ANY DISCLOSURE OR USE OF YOUR SUBMISSION, AND AGREE TO INDEMNIFY US AGAINST LOSSES BASED ON ANY CLAIM THAT OUR DISCLOSURE OR USE OF YOUR SUBMISSION VIOLATES YOUR RIGHTS, INCLUDING ANY CLAIM THAT IT MISAPPROPRIATES OR INFRINGES ANY INTELLECTUAL PROPERTY OR THAT OF ANY THIRD PARTY THAT YOU KNEW, OR SHOULD HAVE KNOWN, TO BE PROPRIETARY TO A THIRD PARTY AT THE TIME OF SUBMISSION.

DISCLAIMER

THIS SITE AND ANY OTHER DUNLOP-SPONSORED SITE (“DUNLOP SITES”) ARE PROVIDED BY DUNLOP ON AN "AS IS" AND "AS AVAILABLE" BASIS.  DUNLOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DUNLOP SITES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE DUNLOP SITES.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE DUNLOP SITES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DUNLOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  DUNLOP DOES NOT WARRANT THAT THE DUNLOP SITES, THEIR SERVERS, OR E-MAIL SENT FROM DUNLOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

LIMITATIONS OF LIABILITY

DUNLOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE DUNLOP SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DUNLOP SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, EARNINGS OR GOODWILL, OR OTHER ECONOMIC LOSS OR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THE DUNLOP SITES  (INCLUDING WITHOUT LIMITATION, THE DUNLOP SITES’ CONTENT, INFORMATION COLLECTED FROM YOU, THE USE, INABILITY TO USE THE SITE, OR OPERATION OF THE SITE, OR INFORMATION ON THE SITE).

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DUNLOP’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS SITE (INCLUDING THE SITE CONTENT) SHALL NOT EXCEED TEN UNITED STATES DOLLARS ($10.00 US).

DUNLOP WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR ANY OTHER BASIS, EVEN IF DUNLOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND , EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, AND SHALL APPLY TO ANY DUNLOP LIABILITY ARISING FROM (I) ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (II) A VIOLATION OF ANY CLEARLY ESTABLISHED LEGAL RIGHT YOU MAY HAVE AS ESTABLISHED BY STATE OR FEDERAL LAW, OR (III) PERSONAL INJURY OR PROPERTY DAMAGE AS A RESULT OF OUR NEGLIGENCE OR BREACH OF ANY RESPONSIBILITY WE MAY HAVE AS ESTABLISHED BY STATE OR FEDERAL LAW.

CERTAIN STATE 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 TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  If any provision of this Section shall be found to be illegal, invalid or unenforceable under, such provision shall be modified or reformed so as to cure any such illegality, invalidity, or unenforceability.

INTELLECTUAL PROPERTY

Our products, product designs, product names, logos and other trademarks, graphics, titles, text, images, button icons, data compilations, software, audio, video and all other all Site Content are the trademarks, service marks, trade names, copyrights or other intellectual property of Dunlop or its licensors ("Dunlop Intellectual Property") whether registered or unregistered. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Dunlop Intellectual Property displayed on this Site without Dunlop's written permission in each instance.

Dunlop has expended and continues to expend large amounts of money and employee time for research and development.  As a result of our substantial activities Dunlop has produced and continues to produce technologically-advanced, innovative, quality golf products incorporating Dunlop Intellectual Property, which is protected by a multitude of patents, trademarks and other rights granted to Dunlop or its affiliates under international, federal and state statutory and common law.  Dunlop vigorously enforces its intellectual property rights, whether infringement takes the form of imitation products, unauthorized use of trademarks or copyrights, or in any other manner.  WHERE APPROPRIATE, DUNLOP WILL TAKE NECESSARY STEPS TO PRESERVE, DEFEND AND PROTECT ITS PROPRIETARY RIGHTS.

CONDUCT GUIDELINES

Whenever you are using the Site or Visiting Dunlop, you are prohibited from posting, transmitting, displaying, or otherwise communicating any unlawful, threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.  Dunlop will fully cooperate with any law enforcement authorities or court order requesting or directing Dunlop to disclose the identity of or help identify or locate anyone posting or displaying any such information or materials.

PRIVACY

We recognize that consumers are concerned about how the information they provide online will be used.  See our PRIVACY POLICY at Privacy Policy (dunlopsports.com) for further information.

LINKS TO OTHER WEBSITES

The Site may from time-to-time display links to other websites or resources owned, operated or sponsored by third parties (“Third-Party Websites”).  This is done solely as a convenience to you.  Dunlop does not endorse, and is not responsible or liable for, any content, products, services or other offerings available on or through such Third-Party Websites.  Likewise, various Third-Party Websites may provide links to this Site.  We have not reviewed those Third-Party Websites, and are not responsible or liable for any content, products, services or other offerings available on or through such Third-Party Websites.  If you decide to access linked Third-Party Websites, you do so at your own risk.

GOVERNING LAW

These Terms are governed and interpreted pursuant to the laws of the State of California, United States of America, without reference to its provisions concerning conflicts of law.  Except as otherwise expressly provided in these Terms, if any provision of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

BINDING ARBITRATION & CLASS ACTION WAIVER

Any and all Disputes (as defined below) involving you and Dunlop will be resolved through individual arbitration.  In arbitration, there is no judge or jury, less discovery than in court, and no appellate review available.  This Section (the “Arbitration Provision”) shall be broadly interpreted.  Notwithstanding anything to the contrary in these Terms, this Arbitration Provision does not preclude you or Dunlop from bringing an individual action (i) in court to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights (other than your outside submissions), or (ii) either party from bringing an action in a small claims court in the jurisdiction from which you access the Site; provided that the claim is not aggregated with the claim of any other person and the amount in controversy is properly within the jurisdiction of the small claims court.

The term “Dispute” means any claim, dispute, claim or controversy relating to these Terms or their subject matter, including your use of, or inability to use, the Site and any Communications, including but not limited to any and all: (a) state or federal claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, state or federal statute, regulation, or ordinance, or otherwise; (b) claims that arose before the effective date of these Terms or any prior agreement; (c) claims that arise after the expiration or termination of these Terms; and (d) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.

The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc. (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267).  You may deliver any required or desired notice to Dunlop by mail to Dunlop Sports Americas, 5601 Skylab Road, Huntington Beach, CA 92647.

This Arbitration Provision shall be governed by the Federal Arbitration Act.  Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Dunlop about your Dispute.  You can obtain the JAMS Rules from JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267).  If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern.  If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern.  If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on an arbitration organization to substitute for JAMS.  If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules.  A single arbitrator will resolve the Dispute.  Unless you and Dunlop agree otherwise, any arbitration hearing will take place in Orange County, CA.  The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect Site Content and other confidential or proprietary information.  The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions.  The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award.  An arbitrator’s award that has been fully satisfied shall not be entered in any court of competent jurisdiction.

CLASS ACTION WAIVER. YOU HEREBY AGREE THAT ALL DISPUTES ARISING HEREUNDER MUST BE ARBITRATED ON AN INDIVIDUAL BASIS, AND ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND AGREE TO WAIVE ANY RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED (OR LITIGATED) ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS, OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER USERS, OR ANY OTHER PERSONS (A “CLASS ACTION”).  THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM.  THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY.  THE ARBITRATOR MAY NOT CONSOLIDATE, COMBINE OR JOIN THE CLAIMS OF ANY OTHER PERSON OR ENTITY, REGARDLESS OF WHETHER THEY MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.  THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.  IN THE EVENT THAT THIS WAIVER IS HELD TO BE INVALID OR UNENFORCEABLE, THE ENTIRE ARBITRATION PROVISION SHALL BE DEEMED STRICKEN.  THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY AN ARBITRATOR (OR COURT OF COMPETENT JURISDICTION, IF APPLICABLE).

YOU ACKNOWLEDGE THAT BY AGREEING TO ARBITRATE ANY DISPUTE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL, LIMITING CERTAIN PROCEDURAL RIGHTS YOU MAY HAVE IN A COURT OR ADMINISTRATIVE PROCEEDING AND WAIVING THE RIGHT TO APPEAL.

You have the right to opt-out and not be bound by the binding arbitration requirement and class action waiver by sending written notice of your decision to opt-out to Dunlop America, 5601 Skylab Road, Huntington Beach, CA 92647, Attn: Director of Legal within thirty (30) days of your earliest use or access of the Site.

The payment of the JAMS’s fees and costs will be governed by the JAMS Rules.  However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse Dunlop for all fees and costs that were its obligation to pay under the JAMS Rules.  You may hire an attorney to represent you in arbitration.  You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor.

This Section survives termination or expiration of the Terms for any reason.

INFORMATION FOR CALIFORNIA RESIDENTS:

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Provider of the Site:

Dunlop Sports Americas
5601 Skylab Road,
Huntington Beach, CA 92647
USA

By telephone: (714) 889-1300
By fax: (714) 889-5891

Complaints and further information: In the event of a complaint, or to request further information, the provider may be contacted in writing at:

Dunlop Sports Americas
5601 Skylab Road,
Huntington Beach, CA 92647
USA

By telephone: (714) 889-1300
By fax: (714) 889-5891

Any complaint not resolved between the provider and the consumer may be brought to the attention of The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210 or (916) 445-1254.