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1. General:
The Terms and Conditions of Sale outlined herein shall apply to the saleby Club Car, LLC (“Company”) of the products, equipment and parts described morefully in the accompanying invoicing ordocumentation (collectively, “Equipment”), unless otherwise agreed to in writing by the Company. Company hereby gives notice of Company’s objection to any additional or different terms included in any purchase order or other form submitted by Purchaser of the Equipment (“Purchaser”). Such additional or different terms shall not be included in this contract unless otherwise agreed to in writing by Company.
Company's proceeding with any work shall be in accordance with the terms and conditions outlined herein. Company will comply with applicable laws and regulations as they may apply to the manufacture of the Equipment. Purchaser shall comply with all applicable laws, rules, regulations and orders relating to Purchaser’s activities hereunder, including Purchaser’s use, distribution and/or sale of the Equipment; and at all times accurately represent the condition, features and performance of the Equipment and any other products manufactured, supplied or approved by Company. Hereinafter, Company and Purchaser may be collectively referred to as “the Parties.”
2. Title and Risk of Loss:
Title and risk of loss or damage to the Equipment shall pass to Purchaser upon tender of delivery FOB Company facility (INCOTERMS 2010)
unless otherwise agreed upon, in writing, by the Parties hereto, except that a security interest in the Equipment shall remain in favor of Company, regardless of the mode of attachment to realty or other property, until full payment has been made thereto. Purchaser agrees upon request to all things and acts necessary to perfect and maintain such security interest and shall protect Company’s interest by adequately insuring the Equipment against loss or damage from any cause wherein Company shall be named as an additional insured.
3. Delivery and Delays/ Force Majeure:
Delivery dates shall be interpreted as estimated and in no event shall such dates be construed as falling within the meaning of “time is of the essence.” Company shall not be liable for any loss or delay due to war, terrorism, riots, fire, flood, strikes, or other labor difficulty, acts of civil or military authority including governmental laws, order, priorities or regulations, acts of Purchaser, embargo, car shortage, damage or delay in transportation, inability to obtain necessary labor or materials from usual sources or other causes beyond the reasonable control of Company. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be adjusted to reflect the actual length of time lost by reason of such delay. Purchaser’s receipt of Equipment shall constitute a waiver of any claims for delay.
4. Taxes:
The price for the Equipment does not include any present or future Federal, state, or local property, license, privilege, sale, use, excise, gross receipts or other like taxes or assessments which may be applicable to or result from this transaction, or any services performed in connection therewith. Such taxes will be itemized separately to Purchaser, who shall make prompt payment to Company. Company will accept a valid exemption certificate from Purchaser, if applicable. If such exemption certificate is not recognized by the relevant government taxing authority, Purchaser agrees to promptly reimburse Company for any associated taxes paid by Company as a result thereof, including any interest or penalty assessed against Company.
5. Set Offs:
Neither Purchaser nor any affiliated company nor permitted assignee of such shall have the right to claim compensation or to set off against any amounts which become payable to Company under this contract of otherwise.
6. Patents:
Company shall defend any suit or proceeding brought against Purchaser and shall pay any adverse judgment entered therein if such suit or proceeding is based solely upon a claim that the use of the Equipment manufactured by Company, and furnished under this contract, constitutes infringement of any patent of the United States of America; provided, Company is promptly notified in writing and given the authority, information and assistance by Purchaser for defense of same. Company may, at Company’s option, procure for Purchaser the right to continue to use said Equipment, modify said Equipment so that said Equipment becomes non-infringing, replace the same with non- infringing equipment, or remove the infringing Equipment and refund the purchase price. The Company shall have no liability whatsoever with respect to patents for inventions including more than the Equipment furnished hereunder, or patents for methods and processes to be carried out with the aid of the Equipment. The foregoing states the entire liability of Company with regard to patent infringement.
7. Warranty for New Equipment:
Company warrants that new Equipment manufactured by Company and delivered hereunder will be free of defects in material and workmanship for the periods of time specified in the applicable limited warranty statements of Company for such Equipment, each of which is hereby incorporated herein by reference. Unless otherwise specified in writing by Company, aftermarket accessories will be free of defects in material and workmanship for six (6) months from the date of shipment and service parts will be sold “AS-IS”.
8. Warranty for Used Equipment:
To the extent that Purchaser is not the original purchaser of Equipment, COMPANY HEREBY REVOKES THE BATTERY PORTION OF THE ORIGINAL MANUFACTURER WARRANTY FOR EQUIPMENT WITH A MODEL YEAR MORE THAN ONE (1) YEAR OLDER THAN THE CURRENT EQUIPMENT MODEL YEAR, REGARDLESS OF ANY LANGUAGE TO THE CONTRARY CONTAINED WITHIN SUCH LIMITED WARRANTY STATEMENT OR ELSEWHERE, AND SUCH WARRANTY IS HEREBY MADE NULL AND VOID.
ALL USED EQUIPMENT IS SOLD “AS-IS, WHERE-IS, WITH ALL FAULTS.” PURCHASER SHALL COMMUNICATE THIS CANCELLATION OF THE ORIGINAL MANUFACTURER’S WARRANTY TO PURCHASER’S CUSTOMERS IN ADVANCE OF THE SALE OF THE EQUIPMENT.
Notwithstanding the preceding sentence, if the applicable sales invoice accompanying this contract affirmatively and definitively denotes that the Equipment is covered by a warranty, that warranty shall be Company’s standard pre-printed limited Remanufactured warranty in effect at the time of sale, a copy of which is available upon request (the “Applicable Warranty Statement”). All such warranty statements (as they may be modified or updated from time to time by Company) are hereby incorporated by reference.
9. Warranty Generally:
EXCEPT FOR THE FOREGOING WARRANTIES CONTAINED IN THE APPLICABLE SECTION 7, 8, OR 9 HEREOF (IF ANY) AND THE WARRANTY OF CLEAR AND MARKETABLE TITLE, COMPANY MAKES NO OTHER REPRESENTATIONS, CONDITIONS OR WARRANTIES EXPRESS OR IMPLIED AND ALL IMPLIED WARRANTIES, INCLUDING THOSE RELATING TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
Purchaser shall be obligated to promptly report any failure to conform to the applicable warranty to Company in writing within the applicable warranty period, whereupon Company shall, at Company’s option, correct such nonconformity by suitable repair to such Equipment or furnish a replacement part
FOB point of shipment, provided Purchaser has stored, installed, maintained, and operated such Equipment in accordance with reasonable industry practices and has complied with specific recommendations and the operator manual(s) of Company. Company shall not be liable for any repairs, replacements, or adjustments to the Equipment or any costs of labor performed by Purchaser or others without Company’s prior written approval.
The effects of corrosion, erosion, and normal wear and tear are specifically excluded from Company’s warranty. Performance warranties, if any, are limited to those specifically stated within Company’s proposal. Unless responsibility for meeting such performance warranties is limited to specified shop or field tests, Company’s obligation shall be to correct in the manner and for the period of time provided in the applicable warranty.
Correction by Company of nonconformities whether patent or latent, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Company for such nonconformities, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise with respect to or arising out of such Equipment.
10. Operation:
Purchaser shall not operate Equipment which is considered to be defective, without first notifying Company in writing of Purchaser’s intention to do so.
Any such use of Equipment will be at Purchaser's sole risk and liability.
11. Compliance with Laws:
Company strongly recommends against unauthorized modifications to the Equipment. If Purchaser, nevertheless, decides to change, alter, or modify the Equipment, Purchaser shall, at a minimum, inform Purchaser’s customers and potential customers that modifications have been made to the Equipment, the extent of those modifications, and the risks inherent with those changes.
In addition, Purchaser shall comply with all applicable laws, industry standards, rules, regulations and orders relating in any way to Purchaser’s activities hereunder, including Purchaser’s use and/or sale of the Equipment; and at all times accurately represent the condition, features and performance of the Equipment and any other product manufactured by Company.
12. Limitation of Liability:
THE REMEDIES OF PURCHASER SET FORTH HEREIN ARE EXCLUSIVE.
THE TOTAL LIABILITY OF COMPANY WITH RESPECT TO THIS CONTRACT OR THE EQUIPMENT (AND SERVI CES FURNISHED HEREUNDER, IF ANY), OR FROM THE MANUFACTURE, SALE, DELIVERY, INSTALLATION, REPAIR OR TECHNICAL DIRECTION COVERED BY OR FURNISHED UNDER THIS CONTRACT, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE UNIT OF EQUIPMENT UPON WHICH SUCH LIABILITY IS BASED. COMPANY AND ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE TO PURCHASER, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS CONTRACT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTRACT OR ANY BREACH THEREOF, OR ANY DEFECT IN, OR FAILURE OF, OR MALFUNCTION OF THE EQUIPMENT HEREUNDER, WHETHER BASED UPON LOSS OF USE, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OR SHUTDOWN OR NON- OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF PURCHASER (OR CUSTOMERS OF PURCHASER) FOR SERVICE INTERRUPTION, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.
13. Miscellaneous:
The rights and obligations of the Parties shall be governed by the laws of the State of Georgia excluding the State of Georgia’s conflicts of law principals. The United Nations Convention on contracts for the international Sale of Goods shall not apply to this contract. Except for Company’s right to receive all or any portion of the payment due from Purchaser under this contract, neither party shall assign or transfer this contract without the prior written consent of the other party. Company shall not be bound by any contract or any modification thereto until approved in writing by an officer of Company.
The contract, when so approved, shall supersede all previous communications, either oral or written, with respect to the subject matter thereof. This contract contains the entire agreement among the parties hereto regarding the subject matter contained herein. All prior negotiations and discussions (whether in writing or made orally) by and between the parties which are not set forth in this Agreement or incorporated herein are merged into this Agreement and have no force or effect separate and apart from this Agreement.
Protecting your personal information is of serious concern to Club Car. This privacy notice describes how Club Car, Inc., together with its subsidiaries and affiliates, (“Club Car“, “we“, “our“ or “us“) collects and processes personal information about you, how we use and protect this information, and your rights in relation to this information. The Club Car subsidiary or affiliate with whom you are interacting, including who owns and operates the online portal, website or mobile application that you are visiting if applicable, is the data controller responsible for the collection and use of Personal Information. Its contact details can be found in the listing of Club Car entities in the appendix to this Privacy Notice. This notice applies to our interactions with customers, website visitors, vendors, potential vendors, job applicants, and any other persons who visit www.clubcar.com and all other Club Car websites and applications that link to this policy, visit one of our stores or offices, directly communicate with us, conduct transactions with us, or interact with us through third-party websites (collectively for purposes of this notice, the “Services“).
This privacy notice applies to all personal information we collect or process about you. Personal information is information, or a combination of pieces of information, that could reasonably allow you to be identified. The following are links to specific sections of the privacy notice or you can scroll down for the full text of the privacy notice.
1. PERSONAL INFORMATION WE COLLECT
We collect personal information about you from a variety of sources, including from you directly (e.g., when you contact us or sign up for an account), information we generate about you in the course of our relationship with you (e.g., data collected from cookies and other similar technologies when you visit one of our websites or other online properties) and information we collect about you from other sources, including commercially available sources, such as public databases (where permitted by law). See our cookies policy for more information about data collected online from cookies and similar technologies.
We may be required by law to collect certain personal information about you or as a consequence of any contractual relationship we have with you. Failure to provide this information may prevent or delay the fulfillment of these obligations. Information we collect directly from you The categories of information that we may collect directly from you include the following: (a) personal details (e.g., name, salutation (not mandatory)); (b) contact details (e.g., phone number, email address, postal address or mobile number); (c) account details (e.g., username and password); (d) payment and transaction details (e.g., when you make purchases, respond to offers, or provide goods or services to us); (e) application details (e.g., academic and professional qualifications, education and certification information, training, professional qualifications, information on work-related skills, information contained in letters of application and resumes/CV, and references); (f) communications (e.g., when we contact you via telemarketing or when you contact us with a question, comment or request); and (g) product interest. Information we collect about your use of the Services The following are examples of the other categories of information which we may use about you (See our cookies policy for more details): (a) Technical information collected from your computer or mobile device (e.g., your IP address, browser type, operating system); (b) Information about your usage of our websites (e.g., the pages you visit when using the Services, the search terms you enter on the Services, how often you use the Services, and the pages you access before and after accessing the Services); and (c) Information which we generate as a result of your use of the Services (e.g., our understanding of your interests as a result of your use of the Services and whether you are a regular or occasional user of the Services). Information we collect from other sources The following are examples of the categories of information we may collect from other sources, such as trade shows, and third-party platforms like Facebook, LinkedIn, and YouTube. (a) personal details (e.g., name, date of birth); (b) contact details (e.g., phone number, email address, postal address or mobile number); (c) details about advertising preferences (e.g., products purchased, interaction with advertisements online); and (d) details about trade show attendance or membership in business, industry, or trade associations. 2. HOW WE USE YOUR PERSONAL INFORMATION AND THE BASIS ON WHICH WE USE IT
We may use your personal information for the following purposes:
• Identification and authentication: We use your identification information to verify your identity when you access and use our Services and to ensure the security of your personal information. This is so we can comply with our contractual obligations to you.
• Operating the Services: We process your personal information to provide goods or Services you have requested. This is so we can comply with our contractual obligations to you.
• Improving our Services: We analyze information about how you use our Services to provide an improved experience for our customers of all our Services, including product testing and site analytics. It is in our legitimate business interests to use the information provided to us for this purpose, so we can understand any issues with our Services and improve them.
• Communicating with you: We may use your personal information when we communicate with you, for example if we are providing information about changes to the terms and conditions or if you contact us with questions. It is in our legitimate interests that we are able to provide you with appropriate responses and provide you with notices about our Services. We may also do so in furtherance of our contractual relationship with you or your organization or in furtherance of pre-contractual measures.
• Marketing: we may use your personal information to send you marketing information or to build a profile about you and place you into particular marketing segments in order to understand your preferences better and to appropriately personalize the marketing messages we send to you. It is in our legitimate interest to provide more relevant and interesting promotions, special offers, or advertising messages. We may also in certain circumstances, including where required, obtain your consent (e.g., ask you to opt-in) before sending such marketing messages.
• Conducting transactions with you: If you or your company provide us with services, or seek to do so, we will collect your personal information when you provide information about your or your organization’s services to us and when we conduct transactions with you or your organization. It is in our legitimate interests to communicate with vendors and potential vendors and their personnel. We also process vendors’ personal information in furtherance of our contractual relationship with you or your organization or in favor of pre-contractual measures.
• Evaluating employment applications: If you submit an application for work or employment with us, we may review any of the personal information you provide with your application. It is in our legitimate interests to review and assess the qualifications of potential employees. We also process applicant’s information in furtherance of pre-contractual measures.
• Exercising our rights: we may use your personal information to exercise our legal rights where it is necessary to do so, for example to detect, prevent and respond to fraud claims, intellectual property infringement claims or violations of law or our Terms of Service.
• Complying with our obligations: we may process your personal information to, for example, carry out fraud prevention checks or comply with other legal or regulatory requirements, where this is explicitly required by law.
• Customizing your experience: when you use the Services, we may use your personal information to improve your experience of the Services, such as by providing interactive or personalized elements on the Services and providing you with content based on your interests. It is in our legitimate business interests to provide our customers and users with an experience that is more tailored to their interests.
We may also anonymize your personal information in such a way that you may not reasonably be re-identified by us or any other company, and may use this anonymized information for any other purpose.
3. HOW AND WHEN WE SHARE YOUR PERSONAL INFORMATION
We do not share, sell, trade, or lease your personal information to any unrelated third parties for their own marketing use. We also do not believe that we “sell” your personal information as that term is defined in the California Consumer Privacy Act. We may share your personal information with third parties under the following circumstances:
• Service providers and business partners: we may share your personal information with our service providers and business partners that perform marketing services and other business operations for us for the purposes set forth above. For example, we may partner with companies to process secure payments, fulfill orders, optimize services, serve online behavioral advertising, send newsletters and marketing messages, support email and messaging services, and analyze information. These service providers and business partners may include advertising agencies and fraud prevention agencies which will use your personal information only in the ways described in this policy.
• Group companies: Club Car works closely with other businesses and companies that fall under the Club Car family. We may share certain information about your contact information, financial account information, transactions, and communications with other Club Car companies for marketing purposes, security, optimization of products and services, and internal reporting. We do this for the purposes set out above.
• Where required by law: we may share your personal information with law enforcement agencies, courts, other government authorities or other third parties where we believe necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
• In the context of a transaction: we may share your personal information with potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business. Should such a sale or transfer occur, we will use reasonable efforts to obligate the entity to which we transfer your personal information to use it in a manner that is consistent with this Privacy Notice.
• As requested by you: We may share your information with third-parties in order to respond to your requests. For example, if you request pricing information on a product we do not sell directly to end users, we may forward your request to a third-party that does, in order to address to your direct inquiry.
4. COOKIES AND OTHER TECHNOLOGIES
We may use cookies and similar technologies to collect some of the information described above. A cookie is a small amount of data that is sent to your browser from a web server and stored on your device. Please see our cookies policy for more information. Cookies may be used to collect information over time and across third party websites.If you do not want your information to be stored by cookies, you can configure your browser so that it always rejects these cookies or asks you each time whether you want to accept them or not. However, you must understand that choosing to reject cookies may reduce the performance and functionality of our websites. Your browser documentation includes precise instructions explaining how to define the acceptance of cookies. While Club Car websites at this time generally do not recognize automated browser signals regarding tracking mechanisms, such as “do not track” instructions, you can generally express your privacy preferences regarding the use of most cookies and similar technologies through your web browser. 5. YOUR RIGHTS OVER YOUR PERSONAL INFORMATION
In accordance with the laws of certain countries or states, you may where applicable, have certain rights regarding the personal information we hold about you, subject to local law. These may include the rights to access, correct, delete, restrict or object to our use of, or receive a portable copy in a usable electronic format of your personal information. Where you have provided your consent to any use of your personal information, you can withdraw this consent at any time. You also may have a right to lodge a complaint with your local data protection or privacy regulator. Even in countries where you are not afforded such rights, you may have the ability to review, correct, or update some of your personal information by contacting us at the information provided below. If you would like to discuss or exercise any rights you may have under law, please contact us at the contact information set forth below. Please note that we may require additional information from you in order to honor your requests. You may also unsubscribe from emails that you receive from us by following the unsubscribe link in the email or sending an email to the contact information below. California Consumer Privacy Act Rights
The California Consumer Privacy Act (“CCPA”) provides California residents (“consumers”) with the following rights: • Right to Know: Consumers have a right to request information about our collection, use, sale, and disclosure of personal information. • Right to Delete: Consumers have a right to request the deletion of personal information that we have collected from them, though certain exceptions may apply. • Right to Opt-out of Sales: California law treats disclosures of personal information in exchange for valuable consideration as “sales.” Consumers have the right to opt-out of such sales. • Right to Opt-out of financial incentive programs that we may offer. • Non-Discrimination: We may not discriminate against you for exercising your rights under the CCPA. We may, however, provide a different level of service or charge a different rate if the difference is reasonably related to the value of your information.
Please note that the CCPA includes an exemption for certain personal information that is collected in a business-to-business (“B2B”) context. With the exception of the sale opt-out right, the rights described above do not apply to personal data that is subject to the B2B exception. If you are a California resident, or an authorized agent acting on behalf of a California resident, and would like to exercise one of these rights, please submit a CCPA Data Privacy request via Club Car’s global hotline at 1-800-258-2227.
GDPR - EU If you are working with our affiliates in the EU or are a data subject in the EU protected by GDPR, you can invoke your rights under GDPR towards the relevant EU Club Car affiliate that controls your personal data at local, national level for the performance of the day to day operations of the relevant affiliate, each acting as a separate controller. For all cross-border processing of personal data in the EEA at group level, the controller is:
Club Car 4125 Washington Road Evans, GA 30809
PO Box 204658 Augusta, GA 30917 USA
For job applicants, employees and former employees of our EU Club Car affiliates, separate notices and policies exist in line with EU law, which inform them about our data processing and their rights. When you are not a job applicant, employee or former employee, we hereunder inform you about your rights under GDPR and how to perform them. In such case, the processing of personal data by the relevant Club Car entities may be based on the necessity to perform a contract with you or in order to take steps at your request prior to entering into a contract, because we have a legal obligation to do so, or because it is in our legitimate interest to do so (for instance if you are working for one of our suppliers or customers who have to receive your data for normal business operations, or because you want to browse through our website), or, alternatively, may be based on your consent (for instance when you have consented to the use of your personal data for direct marketing purposes).
III. Under the GPDR individuals have: • the right of access to the personal data that the relevant controller processes about the individual concerned, as well as a right of rectification and erasure of their data; • the right to obtain from the relevant controller restriction of processing of the individual’s personal data, and the right to object to the processing; • the right to obtain from the relevant controller in a structured, commonly used and machine-readable format, the personal data the individual has communicated to the controller in order to transmit this data to another controller (the so-called “right to data portability”), • the right to withdraw at all times the individual’s consent with respect to the processing which would possibly be based on the individual’s consent, without affecting the lawfulness of processing based on consent before its withdrawal; and • the right to lodge a complaint with the competent supervisory authority. The performance of these rights may be subject to certain conditions and exceptions as provided by the GDPR. Individuals who want to perform these rights can do so by contacting:
Club Car Privacy Inquiries PO Box 204658 Augusta, GA 30917 USA The inquiries should include the individual's name, address, and other relevant contact information (phone number, email address). Club Car may require that you provide additional information in order to verify your identity and will use all reasonable efforts to honor such requests as quickly as possible and within the time limits set forth by applicable law. 6. INFORMATION SECURITY AND STORAGE
We have security measures in place to protect the loss, misuse, and alteration of the information under our control. We retain your personal information for as long as we have a relationship with you and as long as necessary for legitimate business purposes. When deciding how long to keep your personal information after our relationship with you has ended, we take into account our legal obligations. We may also retain records to investigate or defend against potential legal claims. 7. INTERNATIONAL DATA TRANSFER
Your personal information may be transferred to, stored, and processed in a country that is not regarded as providing the same level of protection for personal information as the laws of your home country, and may be available to the government of those countries under a lawful order made in those countries. We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to provide adequate protections for your personal information. For more information on the appropriate safeguards in place and to obtain a copy of such safeguards, please contact us at the contact information set forth below. GDPR – EU
Our EU affiliates may transfer personal data outside to EEA to companies of the Club Car group or to third party suppliers ensuring adequate personal data protection either on basis of adequacy decisions issued by the European Commission or through the implementation of appropriate safeguards including but not limited the use of standard contractual clauses - as recognized by the European Commission- with Club Car group companies third party suppliers, or it will work with suppliers who are certified under the EU – U.S. Privacy Shield and the U.S. – Swiss Privacy Shield Framework or equivalent mechanism. 8. YOU CONSENT AND SUBMISSIONS
To the extent permitted by applicable law, you consent to our policies and accept the terms and conditions described herein by using this website. You agree that any comments submitted by you to the site will not violate any right of any third party, including copyright, trademark, privacy, or other personal or property rights. You further agree that any comments submitted by you to the site will not be or not contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any comments you submit.
Any comments, suggestions, ideas, or other such communications submitted by you shall become and remain the exclusive property of Club Car. We will be entitled to use, reproduce, disclose, and distribute any such material you submit for any purpose whatsoever, without restriction, and without compensating you in any way. Please do not send any comments or materials that you do not wish to assign to us. 9. LINKS TO OTHER WEBSITES
This website may contain links to websites that are controlled and operated by other entities, including our business partners, and vendors. Club Car is not responsible for the content, privacy, or security practices of any other website. We recommend that you review the privacy practices of those sites when you visit them.
Club Car does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk. Club Car shall not, however, be a party to any contract entered into by you, the user, and any third party as a result of contact with the websites linked from this website, and thereby does not in any way guarantee the performance of any third party under any contract. You hereby release Club Car and its affiliates from any damages that you incur, and agree not to assert any claims against Club Car, arising from your use of these third party products or services, or the breach of any third party contract. 10. CHILDREN AND MINORS
Club Car makes no active effort to collect personal information from children under the age of 18 and does not wish to receive any such information. 11. CONTACT US
Club Car is the controller responsible for the personal information we collect and process. If you have questions or concerns regarding the way in which your personal information has been used, please contact us at 1-800-258-2227.
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to make a complaint to the data protection authority of your country of residence. 12. CHANGES TO THE POLICY
We may modify or update this privacy notice from time to time. If we make any revisions that materially change the ways in which we process your personal information, we will notify you of these changes before applying them to that personal information. To the extent permitted by applicable law, continued use of this site following the posting of any amendment, modification, or change shall constitute your acceptance thereof. As such, please periodically check these policies to be informed of any changes.
When you visit a Club Car website, one or more cookies may be set on your device. Please read the following information about cookies and how we use them.
When you visit a website, your web browser sends a request message to the website, which then sends a response, usually in the form of a file that is read by the browser. In such interactions, the website cannot distinguish one browser's request from another. If you want your browser to be recognized and individualized, so to speak, so that you can, for example, continue to receive content that is delivered according to your submitted preferences without needing to resubmit them every time you visit another page on the website, then the website must be able to identify your browser every time it makes a request. Therefore, when you visit most websites, your browser will, at the request of the website, create a small text file called a cookie and save it on your device. The file contains information (typically a random number) that uniquely identifies your browser on your device. This cookie will then serve as a signal the next time you visit the website that sent the cookie to ensure that "you," that is, your browser is recognized as a previous visitor with particular preferences.
Strictly Necessary
Club Car uses some cookies that are strictly necessary for the delivery of services on our websites. Cookies that are strictly necessary allow us to improve the safety and security of our websites, authenticate account users, allow you to access your private accounts on our websites, allow you to sign into different portions of our websites with the use of only one login, balance the traffic on our websites, and remember items in your shopping cart. Cookies that are strictly necessary are not used for marketing purposes.
Service Improvement and Personalization
Club Car also uses cookies to improve our service to you and personalize your web browsing experience, such as by gaining a better understanding of your interests and requirements regarding our websites, our business or our products and services. Cookies that Club Car uses to improve our services and your website experience may remember your language and site preferences, invite you to participate in surveys or evaluations, show you when you are logged into our system and allow you to remain logged-in for a period of time, help provide you with support services, remember your login information, and prepopulate forms that you have already completed.
Statistics
Club Car also uses cookies that collect information about how you use our websites, including which pages you visit, and whether you experience any errors. These cookies use aggregate information to provide statistics on how our websites are used, help us improve our websites by measuring errors, testing different designs on our websites, and helping us measure the traffic on our websites so that we can optimize our content accordingly. These cookies are used to help us improve how our websites work, understand what interests our users and measure how effective our advertising is.
Re-targeting
In addition, we may use marketing technology to advertise on other websites you may visit. In doing so, a third party may place or read a unique ad-serving cookie on your device and use technical information about your browser and your activity at a Club Car website to serve advertisements to you on non-Club Car websites. Information about Cookies used on Club Car websites
On the Club Car websites we use first party cookies (cookies set directly by us to your device) as well as cookies served by third parties. Third party cookies are most commonly used for website analytics or advertising purposes. Google Analytics: This website uses Google Analytics to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB. Please note that on this website, Google Analytics code is supplemented by “ga('set', 'anonymizeIp', true) " to ensure an anonymized collection of IP addresses.
In order to provide you with better targeted advertising, we may also enable the following Google Analytics Advertising Features
• Remarketing with Google Analytics • Google Analytics Demographics and Interest Reporting
We use this information to gather a picture of your interests based on Club Car Group websites that you have visited. For instance if you have visited only a certain product page we can adapt our advertisement to show you only related content to that product.
The enabled Google Analytics features may also help finding out what your interests are based on previous visits to websites other than ours and collected directly via Google. For more information and if you want to opt out from this cookie, please go to http://www.google.com/policies/privacy/ads/ or to http://www.networkadvertising.org/managing/opt_out.asp.
Cookies used by ASP.NET
This cookie is set by ASP.NET itself to store session data. This cookie will be deleted when the sessions end. This cookie is not used to identify individuals using the Website.
Cookies used by SiteCore
The analytics cookie is provided by Sitecore. It tracks a visitor’s multiple visits to our Website in one year. We use this information to help improve our Website. This cookie is not used to identify individuals using the Website. We also record which pages of the Website you visit and how long you stay on it. We use this information to help improve our Website. This cookie is not used to identify individuals using the Website.
Language
This cookie is provided by Sitecore. This cookie tracks a user's language selection. The name of the cookie varies based on the configured site name.
Country
This cookie stores the country that was selected.
Cookie Control
This cookies stores, that the user has read the mandatory information about cookies. It avoids that the information will be displayed again during this website session.
Eloqua
Eloqua is a provider of Internet marketing solutions spanning demand generation, lead nurturing or marketing automation. For more information about this cookie see http://www.eloqua.com. If you want to opt out from this cookie, please go to http://www.eloqua.com/about/privacy/opt_status/.
Google Maps
Various unique identifiers, except for PREF which stores your options such as preferred zoom level. Google set a number of cookies on any page that includes a Google Map. While we have no control over the cookies set by Google, they appear to include a mixture of pieces of information to measure the number and behavior of Google Maps users.
YouTube
YouTube is a Google video provider platform. Some of our videos are hosted on YouTube. For more information about this cookie, please go to the following link: http://www.google.com/intl/en/policies/privacy/. If you want to opt out from this cookie, please go to http://www.networkadvertising.org/managing/opt_out.asp.
Ektron Cookies
Ektron user ID. This cookie is used to track visitors to the site. A unique identifier for the current visitor is generated for all visitors, including anonymous visitors, and assigned to the visitor at the time they first arrive on the site. This is only used by authenticated users who view analytics data. Ektron preferences. This cookie is used by the website to store information about the logged in visitor and site information. For anonymous users no information is tracked. The cookie will expire at the end of the session (when you close your browser).
You can disable the use of cookies including those used on our websites by turning off the cookie function on your browser. However, some portions of our websites will not work properly if you choose to do so. For example, if you choose to purchase something through one of our websites or put in a password to access a restricted area, you will not be able to do so unless the website can authenticate you through cookies.
For further information about cookies including how to see what cookies have been set on your device and how to manage and delete them, please visit www.allaboutcookies.org and www.youronlinechoices.eu