Legal Statement

Welcome to the Ben Hogan website (the “Site”).  Like the game of golf, this Site has certain rules that you must follow during your visit (“Rules”). Please read these Rules carefully before beginning your tour. Most of all, have fun while you discover what Ben Hogan is all about.

Who We Are :   This Site is owned and operated by Callaway Golf and/or its wholly owned subsidiary, The Top-Flite Golf Company. Top-Flite is 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 Ben Hogan and Callaway Golf brands of products, Callaway Golf's other brands include Odyssey and Ben Hogan.  Unless otherwise noted, these Rules apply to every website maintained by Callaway Golf Company and its corporate subsidiaries.

Changes To Site :  We reserve the right to revise these Rules at any time by updating this posting. Please check back periodically for changes. The Rules were last updated on May 3, 2006.  There have been no changes since that date. Your continued use of the Site following the posting of changes to these Rules will mean you accept those changes and that they apply to you.

Use Of Site Content :  We 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 our 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 automatically.

Communicating With Us : We welcome 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 us 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 us for any purpose including, but not limited to, developing, manufacturing or marketing products. Anything you transmit or post may be used by us 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 website may offer you opportunities to vote on certain matters and also to 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 :  We do not warrant or represent that the content at 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. You use the Site at your own risk. We do 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 Callaway Golf, 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 Callaway Golf or 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. We are not responsible or liable for, and do 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. Your linking to this Site, off-site pages or other websites is at your own risk. Note:  Anyone linking to this website must comply with the Link Guidelines for linking to the Site as well as all applicable laws.

Copyright Notices :  The copyright in all content provided on this Site is held by 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 and others.  Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Callaway Golf aggressively enforces its intellectual property rights to the fullest extent of the law. A partial list of Ben Hogan brand 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

A Passion for Excellence®, Apex®, Apex Edge®, Apex Plus®, Baby Ben®, Believe™, Ben Hogan®, BH-5™, Big Ben®, Carnoustie™, CS3™, Custom Shot Shaping System™, FTX™, Hogan®, Hogan’s Alley®, Legacy®, Legend®, Little Ben™, Riviera™, Speed Slot™, Sure-Out®, The Hawk™, Tour Deep™.

Our Products :  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.topflite.com, www.odysseygolf.com, www.callawaygolfpreowned.com and www.tradeintradeup.com. Products displayed on this Site can be found at authorized Ben Hogan Retail Locations near you, while supplies last. Please connect to our Retail Locator to find the authorized retail location nearest 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 :  This Ben Hogan Site is controlled and operated from the United States of America and we make 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 or 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 San Diego, 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 Callaway Golf’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. Callaway Golf undertakes no obligation to republish revised forward-looking statements to reflect the occurrence of unanticipated events or circumstances that effect such statements.

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