terms & conditions

TERMS AND CONDITIONS OF WEBSITE USAGE AGREEMENT

Last Revised: 09/03/24

Thank you for visiting the Terms and Conditions (the "Terms") page of Alpha Athletics Sports, LLC ("Alpha Athletics"). Your access and use of any of our websites at www.AlphaAthletics.net and all other Alpha Athletics websites (the "Alpha Athletics Websites") is subject to the following terms and applicable laws.

Certain services or other offerings made available on the Alpha Athletics Websites may have additional terms and conditions that apply, and which can be viewed either on the pages containing such services or offerings, or via a link on those pages or other directions to the additional terms and conditions.

BY CONTINUING TO USE THE ALPHA ATHLETICS WEBSITES, YOU ARE AGREEING TO THESE TERMS WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS SUCH ADDITIONAL OR AMENDED TERMS AND CONDITIONS AS ALPHA ATHLETICS MAY FROM TIME TO TIME PUBLISH.

Eligibility

You must be at least 13 years old to use the Alpha Athletics Websites. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Alpha Athletics Websites with permission from your parent or legal guardian.

Intellectual Property

The Alpha Athletics Websites are owned and operated by Alpha Athletics and/or its affiliates, and are protected by copyright law and other United States and international laws and treaties. All rights reserved. Copyright in the content and the software provided are owned by or licensed to Alpha Athletics.

The following trademarks are registered for the exclusive use of Alpha Athletics:

US Serial # 87905162

US Serial # 97766679

US Serial # 90508781

US Serial # 97329987

US Serial # 90841884

Any use of the above trademarks without the explicit permission of Alpha Athletics is in violation of US trademark law and will be held civilly liable if you do not hereby cease and desist use immediately.

Materials from the Alpha Athletics Websites may not be copied, distributed or transmitted in any way without the prior written consent of Alpha Athletics.  No links to the Alpha Athletics Websites may be created without the express written consent of Alpha Athletics. Subject to the limitations and restrictions stated herein, users of the Alpha Athletics Websites MAY download one copy of any and all materials on the site for personal, non-commercial use, provided they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice.

Unless otherwise noted, products, product names, designs, logos, text, images, graphics, audio, video, code, domain names, organization, and user look-and-feel within the Alpha Athletics Websites are the trademarks, service marks, trade names, copyrights, patents, or other property of Alpha Athletics (“Alpha Athletics Intellectual Property”).  Unauthorized use of the materials from the Alpha Athletics Websites may violate copyright, trademark, and other laws. Nothing on the Alpha Athletics Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Alpha Athletics Intellectual Property displayed on the Alpha Athletics Websites without the express, written permission of Alpha Athletics.  All rights not expressly granted herein are reserved.

All material on the Alpha Athletics Websites are provided for lawful purposes only.  Images of people or places in the Alpha Athletics Websites are either the property of or used with permission by Alpha Athletics. The use or misuse of those images except as expressly authorized is prohibited. Alpha Athletics reserves complete title and full intellectual property rights in materials downloaded from the site.

We pride ourselves on innovation and quality in the design and manufacturing of Alpha Athletics products. Consequently, Alpha Athletics golf products are protected by a variety of patents, trademarks, copyrights, trade secrets and other rights granted to Alpha Athletics under international, federal, state, statutory, and common law. These rights not only recognize the innovation and distinctiveness of Alpha Athletics' intellectual property rights in its products and brands, but also afford legal protection to Alpha Athletics from infringements of these property rights. Our policy is to diligently enforce all intellectual property rights. We will work to locate and prosecute those who infringe on these rights.

Momentum is a registered trademark of Alpha Athletics Sports, LLC. All other third party trademarks and service marks used herein -- such as Alpha Athletics and Alpha One are property of their respective owners and are licensed by them for the use of Alpha Athletics.  

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Alpha Athletics through this site is not confidential. Alpha Athletics shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the submission.

The user acknowledges the originality of any submission communicated to Alpha Athletics and accepts responsibility for its accuracy, appropriateness and legality.

Prohibited Activities

You agree not to: (i) share usernames, passwords or other access credentials that allow access to protected portions of any SDR Website by any unauthorized third party; (ii) engage in or facilitate spamming; (iii) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; (iv) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (v) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (vi) disseminate or transmit any content without the right to do so; (vii) send harassing and/or threatening messages to others; (viii) post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; (ix) engage in 'flooding', i.e., ICMP flooding and mail bombing (flooding as used herein is defined as sending large amounts of email repeatedly to the same email address).

Content Restrictions

You agree not to post, disseminate or transmit any content that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (ii) infringes or violates any party's author's right, trademark, trade secret, patent or other proprietary right, including but not limited to using third party materials protected by author's right law without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information whether or not protected as a trade secret in violation of a duty of confidentiality; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information belonging to minors.

Unlawful Behavior

You agree not to: (i) use the Alpha Athletics Websites for any illegal purpose, in violation of any applicable laws or regulations including but not limited to, regulations promulgated by the Securities Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (ii) publish web pages that contain links that initiate downloads of infringing or other illegal material; (iii) electronically stalk or otherwise electronically harass another; (iv) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or (v) conduct Internet raffles or contests that violate applicable laws.

Disruptive Behavior

As a further condition of your use of and access to the Alpha Athletics Websites, you agree not to: (i) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Alpha Athletics Websites; (ii) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (iii) hinder the ability of others to use IRC; (iv) disrupt the normal flow on the Alpha Athletics Websites of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (v) run any program that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers or Multi-User Dungeons; (vi) interfere with, disrupt, or harm in any way the Alpha Athletics Websites or servers or networks connected to them; (vii) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (viii) use the Alpha Athletics Websites in violation of the rules of any other website providers, websites, chat rooms or the like; (ix) use the Alpha Athletics Websites to access the accounts of others without permission; (x) attempt to penetrate security measures of Alpha Athletics or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.

Opinions, Views and Recommendations of Third Party Contractors

Alpha Athletics, in its sole discretion, may utilize third party contractors for various customer service functions, including without limitation interactive chats with product specialists relating to product recommendations. Opinions, views and recommendations expressed by such third parties are not necessarily the opinions, views and recommendations of Alpha Athletics, and Alpha Athletics is not responsible for any such opinions, views or recommendations made by such third parties.

Disclaimer and Limitation of Liability

BY USING THE ALPHA ATHLETICS WEBSITES, YOU EXPRESSLY AGREE THAT USE OF THE ALPHA ATHLETICS WEBSITES IS AT YOUR SOLE RISK. THE ALPHA ATHLETICS WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALPHA ATHLETICS DOES NOT WARRANT THAT USE OF THE ALPHA ATHLETICS WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. SDR RESERVES THE RIGHT TO CANCEL ANY ORDER FOR ALPHA ATHLETICS PRODUCTS PLACED ON THE ALPHA ATHLETICS WEBSITE AS A RESULT OF A MISTAKE OR ERROR, AS DETERMINED BY ALPHA ATHLETICS IN ITS SOLE DISCRETION. ALPHA ATHLETICS DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE ALPHA ATHLETICS WEBSITES OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE ALPHA ATHLETICS WEBSITES. ALPHA ATHLETICS SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT POSSIBLE UNDER LAW. NO VERBAL INFORMATION PROVIDED BY ALPHA ATHLETICS SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL ALPHA ATHLETICS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE ALPHA ATHLETICS WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE ALPHA ATHLETICS WEBSITES THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ALPHA ATHLETICS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER, THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF OUR OWN NEGLIGENCE. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE ALPHA ATHLETICS WEBSITES.

TO THE FULLEST EXTENT POSSIBLE UNDER LAW, ALPHA ATHLETICS’ TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS YOU HAVE ACTUALLY PAID ALPHA ATHLETICS DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on the Alpha Athletics Websites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Alpha Athletics Websites at a particular time does not imply or warrant that these products or services will be available at any time. From time to time, certain product listings on the Alpha Athletics Websites may show a product’s original price stricken through, alongside a reduced price. These products may be non-current models and may be on permanent markdown, for example.

Applicability of Content

Information on this site includes description of products and services that may be available in the United States of America only. This site is operated in the State of California, United States of America, and Alpha Athletics makes no representation that the content provided is applicable or appropriate for use in other locations.

Arbitration Agreement & Waiver of Certain Rights

You and Alpha Athletics agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Alpha Athletics hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Alpha Athletics relating to these Terms or the Alpha Athleetics Websites (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”) in southern California, preferably San Diego, California. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Alpha Athletics will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Alpha Athletics from seeking action by federal, state, or local government agencies. You and Alpha Athletics also have the right to bring qualifying claims in small claims court. In addition, you and Alpha Athletics retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor Alpha Athletics may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Alpha Athletics’ individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with Alpha Athletics.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ALPHA ATHLETICS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Privacy

We realize that consumers are concerned about how the information they provide online will be used and make every effort to protect your information. Alpha Athletics will promptly process and investigate notices of alleged copyright infringement and will take appropriate action under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:

1. By sending an email to info@AlphaAthletics.net or

2. By sending a letter via U.S. mail to:

Alpha Athletics

Attention Legal Counsel

220 11th Street

Redlands, California 92374 USA

For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed intellectual property infringement:

a. A physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the copyright owner;

b. Identification of the copyrighted work claimed to have been infringed;

c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Alpha Athletics to locate the material. Providing URLs for the location of the allegedly infringing material or activity is the best way to help us locate content quickly;

d. Information reasonably sufficient to permit Alpha Athletics to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

e. A statement that you, the complaining party, have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

f. A statement that the information in the notification of claimed infringement is accurate, and under penalty of perjury, that you, the complaining party, are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please consult your legal counsel or see Section 512 (c)(3) of the Digital Millennium Copyright Act to confirm the above requirements.

Upon receipt of a fully completed and signed notification form, we will disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that access has been disabled as is our obligation under the Copyright Act. If any of the other information is missing from your notification, however, we will not be able to respond to your request.

Pursuant to 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. This counter-notification must (1) be signed, (2) include the individual's name, address and telephone number, (3) include a statement that the individual is making the counter-notification under penalty of perjury, and (4) state that the person consents to the jurisdiction of the federal district court where his or her address is located. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten business days. Access will be restored between the tenth and fourteenth business day after we receive a counter-notification unless you inform us that you have filed an action seeking a court order to restrain the individual who made the posting from engaging in infringing activity on our network and servers. If we determine that we do not want to restore access to the materials, you will not receive any further notification.

You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Enforcement of Terms and Conditions

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.

Without limiting the arbitration agreement set forth above, you agree that any action of whatever nature arising from or relating to these Terms or the Alpha Athletics Websites will be filed only in the state or federal courts located in the County of San Diego or San Bernardino, State of California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any part 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. Alpha Athletics may revise these Terms at any time by updating this posting.

Under no circumstances will Alpha Athletics be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

The failure by us to enforce any right or provision of these Terms will not prevent Alpha Athletics from enforcing such right or provision in the future.

Alpha Athletics may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Alpha Athletics reserves the right to not provide the Alpha Athletics websites to any person. Alpha Athletics also reserves the right to terminate any user’s right to access the Alpha Athletics websites at any time, in its discretion. If you violate any of these Terms, your permission to use the Alpha Athletics websites automatically terminates.

From time to time, Alpha Athletics may change these Terms. If Alpha Athletics changes these Terms, it will give you notice by posting the revised Terms on the Alpha Athletics Websites. Those changes will go into effect on the Revision Date shown in the revised Terms. 

BY CONTINUING TO USE THE ALPHA ATHLETICS WEBSITES, YOU ARE AGREEING TO THE REVISED TERMS.

PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THE Alpha Athletics WEBSITES FREQUENTLY FOR ANY CHANGES TO THESE TERMS.