FUJIKURA COMPOSITE AMERICA, INC. WEBSITE TERMS OF USE

Last Modified: 12/12/2025

1. Introduction and Acceptance of Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Fujikura Composite America, Inc. (“Fujikura Golf,” “we,” “us,” or “our”) governing your access to and use of the website located at https://fujikuragolf.com, together with any content, goods, or services accessed through that website (collectively, the “Site”).

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION REQUIREMENT AND A CLASS-ACTION WAIVER BELOW. By accessing or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms or documents incorporated by reference, including without limitation our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site. We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for regularly reviewing these Terms to stay informed of any updates.

2. Eligibility to Use the Site; Account Registration

You must be at least 16 years old and reside in the United States to use the Site. By using the Site, you represent and warrant that you meet these eligibility requirements.

If any features or services offered on the Site require you to create an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3. Intellectual Property Rights

a. Ownership. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Fujikura Golf, its licensors, and/or other providers of such material and are protected by United States and international copyright, trademark,patent, trade secret, and other intellectual property or proprietary rights laws.

b. Limited License for Individuals. Subject to these Terms, Fujikura grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its contents for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site unless you have express written permission from Fujikura Golf.

c. Limited License for Authorized Dealers. Subject to these Terms, Fujikura grants its authorized dealers a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its contents for the purpose of marketing and selling Fujikura Golf products. Dealers may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site for any other purpose.

d. Prohibited Uses. Without limiting the foregoing, you must not:

i. Modify copies of any materials from the Site.

ii. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

iii. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

iv. Access or use for any commercial purposes any part of the Site or any services or materials available through the Site other than as expressly authorized by Fujikura Golf, such as through a dealer agreement.

e. Trademarks. The FUJIKURA name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fujikura Golf or its affiliates or licensors. You may not use such marks without the prior written permission of Fujikura Golf. Without limiting the foregoing, you are prohibited from stating or suggesting that you are affiliated with or endorsed by Fujikura Golf unless you have an agreement authorizing such statement signed by an authorized representative of Fujikura Golf. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

4. User Conduct and Prohibited Activities

a. Acceptable Use. You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

i. In any way that violates any applicable federal, state, local, or international law or regulation.

ii. For the purpose of exploiting, harming, or attempting to exploit or harm any person.

iii. To impersonate or attempt to impersonate Fujikura Golf, a Fujikura Golf employee, another user, or any other person or entity.

iv. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Fujikura Golf or users of the Site, or expose them to liability.

b. Prohibited Activities. Additionally, you agree not to:

i. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.

ii. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

iii. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

iv. Use any device, software, or routine that interferes with the proper working of the Site.

v. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

vi. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

vii. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

viii. Otherwise attempt to interfere with the proper working of the Site.

5. User Content

a. User Submissions. The Site may contain interactive features that allow users to ask questions (e.g., through interactive chat features) and post, submit, publish, display, or transmit content or materials (collectively, “User Content”) on or through the Site. All User Content must comply with the Content Standards set out in these Terms.

b. License Grant. By providing any User Content on the Site, you grant to Fujikura Golf and its affiliates, licensees, successors, and assigns a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, in whole or in part, in any manner or medium, now known or hereafter developed, and to use your name, image, likeness, and other identifying information in connection with such User Content.

c. Representations and Warranties. You represent and warrant that:

i. You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

ii. All of your User Content complies with these Terms.

iii. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Fujikura Golf, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

d. Content Standards. These following content standards (“Content Standards”) apply to all User Content. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

i. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

ii. Promote explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or identity, age, or any protected class.

iii. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

iv. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.

v. Promote any illegal activity, or advocate, promote, or assist any unlawful act.

vi. Impersonate any person, or misrepresent anyone’s identity or affiliation.

vii. Give the impression that they emanate from or are endorsed by Fujikura Golf or any other person or entity, if this is not the case.

e. Monitoring and Enforcement. Fujikura Golf has the right to:

i. Remove or refuse to post any User Content for any or no reason in its sole discretion.

ii. Take any action with respect to any User Content that it deems necessary or appropriate in its sole discretion, including if it believes that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Fujikura Golf.

iii. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

iv. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

v. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

6. Copyright Infringement

If you believe that any content accessible on or from the Services infringes your copyright, you may request removal of that content (or access to it) under the Digital Millennium Copyright Act (“DMCA”) by providing a written notice to our copyright agent containing the following information:

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

b. A description of the copyrighted work that you claim has been infringed;

c. Identification of the allegedly infringing material and where that material is located on the Service, in a sufficiently precise manner to allow us to locate the material;

d. Your name, address, telephone number, and email address;

e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f. A signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our copyright agent for notice of claims of copyright infringement can be reached as follows: sales@fujikuragolf.com.

7. Disclaimer of Warranties

a. Site Provided “As Is.” YOUR USE OF THE SITE, ITS CONTENT, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FUJIKURA GOLF NOR ANY PERSON ASSOCIATED WITH FUJIKURA GOLF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, ITS CONTENT, OR ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE.

b. Disclaimer of Implied Warranties. FUJIKURA GOLF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY

WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

c. Not Medical Advice. YOU SHOULD CONSULT WITH A LICENSED HEALTHCARE PROFESSIONAL BEFORE UNDERTAKING ANY SPORT OR EXERCISE REGIME. FUJIKURA GOLF DOES NOT PROVIDE, AND IS NOT A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. NOR IS FUJIKURA GOLF OR THE SITE A SUBSTITUTE FOR PERSONALIZED PROFESSIONAL TRAINING, COACHING, SUPERVISION, OR ADVICE.

d. State Law Limitations. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. Limitation of Liability

a. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUJIKURA GOLF, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT, GOODS, OR SERVICES ACCESSED USING THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

b. Cap on Liability. IF FUJIKURA GOLF IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, GOODS, OR SERVICES OBTAINED THROUGH THE SITE, FUJIKURA GOLF’S AGGREGATE LIABILITY WILL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO FUJIKURA GOLF IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

c. State Law Limitations. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU IN ITS ENTIRETY, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Fujikura Golf, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your (a) violation of these Terms or (b) use of the Site, including without limitation your User Content, or (c) use of the Site’s content or any goods or services obtained through the Site.

10. Third Party Links and Content

a. Third-Party Links. The Site may contain links to third-party websites or resources that are not owned or controlled by Fujikura Golf. Fujikura Golf has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You further acknowledge and agree that Fujikura Golf will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resources.

b. Third-Party Content. The Site may display content from third parties, including users and other sources (“Third-Party Content”). Third-Party Content is the sole responsibility of the person or entity that makes it available. We do not endorse or adopt any Third-Party Content and cannot guarantee that Third-Party Content will comply with these Terms.

11. Governing Law; Dispute Resolution

a. Governing Law. These Terms and any dispute or claim arising out of or in connection with the Site, these Terms, or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

b. Dispute Resolution. YOU AND FUJIKURA GOLF AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, ITS CONTENTS, ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE, OR THESE TERMS (INCLUDING WITHOUT LIMITATION THE TERMS’ BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY) (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED EXCLUSIVELY BY CONFIDENTIAL AND BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND FUJIKURA GOLF ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING

c. Arbitration Specifics. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s then-current rules (the “AAA Rules”), except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and Fujikura Golf otherwise agree, the arbitration will be conducted in San Diego County, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Fujikura Golf submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.

d. Class-Action Waiver. YOU AND FUJIKURA GOLF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fujikura Golf agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

e. Opt-Out Right. You have the right to opt out of the provisions of this arbitration section by sending written notice of your decision to opt out to the following address: Fujikura Golf ATTN: Legal Department, 1819 Aston Ave, Suite 101, Carlsbad, California 92008, within 30 days after first accessing the Site, its content, or any goods or services obtained through the Site. Your notice must include your name and address, your username (if any), and a clear statement that you want to opt out of arbitration. If you opt out of this arbitration section, all other parts of these Terms will continue to apply to you.

f. Injunctive Relief. Nothing in these Terms prohibits a party from seeking emergency relief, such as a temporary restraining order or preliminary injunction, from a court of competent jurisdiction pending arbitration.

12. Miscellaneous

a. Entire Agreement. These Terms, our Privacy Policy, and any other terms and policies referenced in these Terms constitute the sole and entire agreement between you and Fujikura Golf regarding the Site, its contents, and all goods and services obtained through the Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. For the avoidance of doubt, these Terms do not supersede any separate written and signed agreement you may have with Fujikura Golf, such as a dealer agreement.

b. Waiver. No waiver by Fujikura Golf of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fujikura Golf to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

c. Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

d. Force Majeure. Fujikura Golf will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Fujikura Golf including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown

e. Contact Information. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: sales@fujikuragolf.com.