Terms of Use
Please read these Terms & Conditions ("Terms") carefully before using the Callaway Blue website at callawayblue.com (the "Site"). By accessing or using the Site, placing an order for home delivery service, or purchasing merchandise (collectively, the “Service”), you agree to be bound by these Terms. If you do not agree, please do not use the Site. These Terms constitute a legally binding agreement between you and Callaway Blue ("we," "us," or "our"), a Georgia company with its principal place of business at 3120 Ga Highway 116, Hamilton, GA 31811.
These Terms of Service govern how disputes between us are resolved, including that we must arbitrate certain claims through binding and final arbitration, unless you opt-out of the arbitration when you accept these Terms of Service. Unless you opt out, you will only be permitted to bring claims against us and seek relief on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Part 1 — General Terms of Use
1.1 Eligibility
You must be at least 18 years of age to use this Site or Service. By using the Site or Service, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding agreement.
1.2 Permitted Use
You may use the Site for lawful, personal, and non-commercial purposes consistent with these Terms. You agree not to:
- Use the Site for any unlawful purpose or in violation of any applicable federal, state, or local law
- Attempt to gain unauthorized access to any portion of the Site or its underlying systems
- Transmit viruses, malware, or other harmful code through the Site
- Scrape, crawl, or otherwise harvest data from the Site without our prior written consent
- Use the Site to send unsolicited commercial communications
- Impersonate Callaway Blue or any third party, or misrepresent your affiliation with any person or entity
1.3 Intellectual Property
All content on this Site - including but not limited to text, images, graphics, logos, product descriptions, and the overall look and feel - is the property of Callaway Blue or its licensors and is protected by United States copyright, trademark, and other intellectual property laws.
The Callaway Blue name, logo, and associated marks are trademarks of Callaway Blue. Nothing in these Terms grants you any right to use our trademarks without our prior written consent.
You may view and print content from this Site for your personal, non-commercial use only. Any other use, reproduction, distribution, or modification of Site content without our express written permission is strictly prohibited.
1.4 DMCA / Copyright Infringement
It is Callaway Blue’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Callaway Blue reserves the right to terminate without notice any user’s access to the Service if that user is determined by Callaway Blue, in its sole discretion, to be a “repeat infringer.” In addition, Callaway Blue accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
1.5 Third-Party Links
The Site contains links to third-party websites, including our Amazon product listings and retail partner sites. These links are provided for convenience only. Callaway Blue does not endorse, control, or assume responsibility for the content, privacy practices, or accuracy of any third-party site. Your use of any third-party site is at your own risk and subject to that site's own terms and policies.
1.6 Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SITE AND ALL CONTENT, SERVICES, AND INFORMATION PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF 30 DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on the Site.
1.7 Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CALLAWAY BLUE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT OR SERVICES PROVIDED THROUGH IT, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT CALLAWAY BLUE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CALLAWAY BLUE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CALLAWAY BLUE IN THE SIX MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID CALLAWAY BLUE ANY AMOUNTS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CALLAWAY BLUE IS TO STOP USING THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
1.8 Indemnification
You agree to indemnify, defend, and hold harmless Callaway Blue and its officers, directors, employees, agents, and successors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Site and Services; (b) your violation of these Terms; or (c) your violation of any third-party right.
1.9 Agreement to Binding Arbitration
Under these Terms of Service, and to the extent permitted by applicable law, you and Callaway Blue agree that all disputes arising out of or in relation to the Service, these Terms of Service, or the interpretation, breach, termination, or validity thereof (each, a “Dispute”) will be governed by the procedure outlined below. UNLESS YOU OPT-OUT, YOU AND CALLAWAY BLUE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
1.10. Informal Dispute Resolution Process
Before you or Callaway Blue may file a claim against the other party, both you and Callaway Blue agree to participate in good faith informal efforts to resolve any Disputes before commencing arbitration (“Informal Dispute Resolution”). You and Callaway Blue agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (an “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate. To initiate the Informal Dispute Resolution process, a party must give notice in writing to the other party (“Notice”). The Notice must include: (1) your name, telephone number, mailing address, and email address associated with your account (if you have one); (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your Dispute. We will send Notice and a description of the Dispute to your mailing address or email address on file.
The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations shall be tolled while the parties engage in Informal Dispute Resolution.
1.11 Binding Arbitration
If the Dispute is not resolved after the 45-day Informal Dispute Resolution process, we each agree to resolve any Dispute, including the determination of the scope or applicability of this agreement to arbitrate, or the alleged breach thereof, by binding arbitration in the State of Georgia before an arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service are void or voidable, or whether a claim is subject to arbitration. The arbitrator’s award shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will have no authority to award punitive damages, exemplary damages or consequential damages. If a Dispute must be arbitrated, you or Callaway Blue must start arbitration of the Dispute within one (1) year from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than one year after the Dispute first arose, you must start arbitration in that earlier time period.
1.12. Fees
Callaway Blue will pay any AAA filing, administrative and arbitrator fees solely as set forth in the AAA Rules. Arbitration will be held in Hamilton County, Georgia or another location as mutually agreed by the parties. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
1.13 Confidentiality
You and Callaway Blue agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that you and Callaway Blue agree not to disclose or cause to be disclosed to any third party the Dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such dispute(s), except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
1.14 Enforceability
If the above arbitration provisions are found unenforceable, or inapplicable to a given Dispute, then the proceeding must be brought exclusively in a court located in Hamilton County, Georgia.
1.15 Class Action Waiver
YOU AND CALLAWAY BLUE AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THESE TERMS OF SERVICE OR IN CONNECTION WITH THE SERVICES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You further agree that you will not participate in any class action (existing or future) brought by any third party arising under these Terms of Service or in any way in connection with the Services. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in a court located in Hamilton County, Georgia.
1.16 Opting Out
You may opt out of this agreement to binding arbitration within 30 days after first accepting these Terms of Service by sending a letter to: Callaway Blue, Attn: LEGAL, 3120 Ga Highway 116, Hamilton, GA 31811, stating your name, product, and intent to opt out of the arbitration provision. To be effective, this notice must be postmarked or deposited within 30 days of the date on which you first accepted these Terms of Service unless a longer period is required by applicable law; otherwise you will be bound to arbitrate disputes in accordance with this Section. You are responsible for ensuring that Callaway Blue receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.
1.17 Modifications to Terms
We reserve the right to modify these Terms at any time. When we make changes, we will update the effective date at the top of this document. Your continued use of the Site after any change constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
Part 2 - Purchase and Payment Terms
2.1 Scope of E-Commerce
Callaway Blue offers branded merchandise - including apparel and accessories - for direct purchase through this Site, which is powered by Shopify. Merchandise orders are available for shipping to customers throughout the United States. Payment for merchandise purchases is processed securely through Shopify's payment infrastructure at the time of checkout.
Callaway Blue bottled water products are available for purchase through our Amazon storefront. Our Site contains a direct link to our Amazon product listings. All purchases made through Amazon are subject to Amazon's Terms of Use, Privacy Notice, and return policies. Callaway Blue does not process or receive payment information for Amazon transactions.
Callaway Blue bottled water products are also available at select retail grocery stores across the Southeast. Retail purchases are governed by the policies of the respective retailer.
2.2 Home Delivery Orders
Home water delivery service is available exclusively within select service areas in Georgia. To determine if delivery is available at your address, use the service availability check on our Site or contact us directly.
By submitting a home delivery order form, you are making an offer to purchase delivery service from Callaway Blue. Your order is not confirmed until you receive a written confirmation from Callaway Blue via email or telephone.
2.3 Payment for Home Delivery
Payment for home water delivery orders is collected directly by Callaway Blue staff and is not processed through this website. When you submit a delivery order form, you will be providing payment information for the sole purpose of initiating your order. A Callaway Blue representative will contact you to confirm your order, verify service availability, and complete payment processing offline.
Callaway Blue may not accept all payment types. Payment is due as specified at the time of your order.
2.4 Pricing
All prices for home delivery service are quoted in U.S. dollars and are subject to change without notice. Pricing for delivery service will be confirmed in writing before your order is finalized. We will not charge you a price different from the one confirmed at the time of your order.
Sales tax will be applied to applicable transactions in accordance with Georgia state and local tax law.
2.5 Order Cancellations
You may cancel a home delivery order by contacting Callaway Blue at 706-628-1000 or csr@callawayblue.com prior to the scheduled delivery date. Cancellations made less than 48 hours before the scheduled delivery may be subject to a cancellation fee. Callaway Blue reserves the right to cancel any order at its discretion, in which case you will receive a full refund of any amount paid.
Part 3 - Shipping and Fulfillment
3.1 Home Delivery Service Area
Home water delivery is available in select areas of Georgia only. Service area availability is determined at the time you submit your order form. Callaway Blue reserves the right to modify its delivery service area at any time. If delivery is not available at your address, a Callaway Blue representative will notify you promptly.
3.2 Delivery Scheduling
After your order is confirmed, a Callaway Blue representative will contact you to schedule your delivery. Delivery windows are subject to availability and may vary by location within our service area. We will make reasonable efforts to accommodate your preferred delivery time.
3.3 Delivery Requirements
You or an authorized adult (age 18 or older) must be present at the delivery address to receive the order. If no one is available at the time of delivery, Callaway Blue will attempt to contact you to reschedule. A redelivery fee may apply for missed deliveries.
3.4 Amazon and Retail Product Fulfillment
Products purchased through Amazon are fulfilled by Amazon or its marketplace partners and are subject to Amazon's shipping policies and timelines. Products purchased at retail locations are subject to the policies of the respective retailer. Callaway Blue has no control over and assumes no responsibility for shipping, fulfillment, or returns for Amazon or retail purchases.
Part 4 - Returns, Refunds, and Cancellations
4.1 Home Delivery Service
If you are dissatisfied with a home delivery order for any reason - including incorrect product, damaged product, or service failure - please contact Callaway Blue within 5 business days of the delivery date at 706-628-1000 or csr@callawayblue.com. We will make commercially reasonable efforts to remedy the issue through replacement delivery, service credit, or refund at our discretion.
4.2 Refund Processing
Approved refunds will be processed within 15 business days using the original payment method. Refunds for payments processed offline may be issued by cash, check, or credit card as determined on a case-by-case basis.
4.3 Amazon and Retail Purchases
Returns and refunds for products purchased through Amazon are governed entirely by Amazon's return policy. For products purchased at retail, please follow the return policy of the store where you made your purchase. Callaway Blue does not accept direct returns of products purchased through Amazon or retail channels.
4.4 No Returns on Delivered Water Products
Due to the nature of our water delivery products, opened or partially consumed products are not eligible for return. Damaged or incorrectly delivered products will be replaced or credited as described in Section 4.1.
Part 5 - Accessibility
Please refer to our Accessibility Statement, available on the Site, for information about our commitment to web accessibility and how to request an accommodation if you encounter a barrier on this Site.
Part 6 - General Provisions
6.1 Entire Agreement
These Terms, together with our Privacy & Cookie Policy and any other policies incorporated by reference herein, constitute the entire agreement between you and Callaway Blue regarding your use of the Site and supersede any prior agreements.
6.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
6.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
6.4 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely, including in connection with a merger, acquisition, or sale of assets.
6.5 Contact Us
Questions about these Terms may be directed to:
- Email: csr@callawayblue.com
- Phone: 706-628-1000
- Mail: Callaway Blue, Attn: LEGAL, 3120 Ga Highway 116, Hamilton, GA 31811