MCKAY GOLF
Swinging with the Winners Since 1996.
Swinging with the Winners Since 1996.
These Legal Conditions govern the use of and access to this McKayGolf.com website. Your use of this Site is governed by the following terms of use ("Terms"). If you do not agree with all of these Terms, please exit this Site. By using this Site, you agree to comply with and to be bound by these Terms, including the privacy policy and, when you make an online purchase, the purchase information. McKay Golf reserves the right to, from time to time; change these Terms at its sole discretion. By using this Site after any such change, you agree to comply with, and be bound by, the Terms as changed.
This Site as a whole, and all material on this Site, is protected by copyright and other intellectual property rights. See separate copyright and trademark notice for further information. Copyright© 1996-2024 McKay Golf All rights reserved. All materials on this Web Site (the "Site"), and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by McKay Golf and its subsidiaries and or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Site, as well as the software used in the design and development of this Site. All rights are reserved, worldwide. The name and mark McKay Golf, the McKay Golf logos / slogans, the stylized letter M, the term McKay Golf and all other McKay Golf related marks depicted on this Site, whether registered or unregistered, are trademarks or service marks of McKay Golf in the United States and in other countries.
The materials contained in this Site are displayed for informational and promotional purposes only. This Site is solely for private, personal, and non-commercial use. You may download or copy materials in this Site solely for your personal non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the materials in this Site, or any related software. Any other use of materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of by McKay Golf, is strictly prohibited.
You agree that any and all suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to McKay Golf through this Site or by other means ("Submissions") are neither confidential nor proprietary to you. All submissions become McKay Golf's property upon submission to McKay Golf. By making a Submission to McKay Golf, you assign to McKay Golf all rights, title and interests, including copyrights, in the Submission. McKay Golf has no obligation (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that McKay Golf has the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
This Site may contain links to other websites. McKay Golf is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. McKay Golf does not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites. No linking to this website is permitted without McKay Golf’s prior written permission.
The McKay Golf products depicted on this Site are representative of the McKay Golf collection. Not all McKay Golf products are shown in this Site. Not all products shown on this Site are available at all McKay Golf stores. The style, designs and colors of the McKay Golf products shown in this Site may be changed without notice.
Material in this Site may contain inaccuracies or typographical errors. McKay Golf is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
This site and the contents of this site are provided on an "as is" and "as available" basis. McKay Golf makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this site or its contents and expressly disclaims any representations and warranties. McKay Golf does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that McKay Golf shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
In no event shall McKay Golf be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if McKay Golf has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you. McKay Golf shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control. You agree to defend, indemnify and hold harmless McKay Golf, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.
McKay Golf has a zero tolerance policy when it comes to counterfeit products replicating our brand. Preserving the creativity and rights of our designers, artists and brand subsidiaries is vital to McKay Golf's long term survival. We have put in place a comprehensive program to deal with individuals, websites, retailers or resellers of any kind offering counterfeit goods. We employ agencies that work closely with law enforcement, alongside Google, Bing, Yahoo! and other parties to help identify sellers of counterfeit products. They monitor social media, such as Facebook, Twitter, Tumblr, Instagram, Ello, Vimeo, Vero, TikTok Snapchat, Youtube and Pinterest. When such profiles are discovered and used in misconduct or likelihood of confusion, they are immediately deleted and removed.
On a regular basis investigators turn over information to our Counsels who then, under our direction, act on it. Depending on the size of infringement, we use all remedies available including but not limited to cease-and-desist letters, search-and-seize orders, freezing of counterfeiter’s assets, to a judgment against the counterfeiter. From there we are able to recover all counterfeit goods, records and seek money damages. If the party appears to be one that warrants criminal action, we interface directly with law enforcement authorities to seek and encourage criminal prosecution of those who sell fakes. We act on all infringements no matter the size of infraction.
It should be forewarned that all campaigns, tag lines and design elements created by McKay Golf are intellectual property of McKay Golf. Any variation or derivative taken from our work will be met with full legal action. All infringing parties should be knowledgeable of the consequences when using or imitating McKay Golf works without permission or written consent.