Last updated October 1, 2024
AGREEMENT TO TERMS
PLEASE CAREFULLY READ THESE TERMS OF USE INCLUDING ALL SECTIONS HEREOF, BEFORE USING SPORTY’S SITES.
By using any of Sporty’s Sites you affirm
NO ONE UNDER AGE 13 MAY ACCESS OR USE SPORTY’S SITES.
IF YOU ARE YOU AT LEAST AGE 13 YOU MAY ONLY USE SPORTY’S SITES WITH THE CONSENT AND SUPERVISION OF YOUR PARENT OR GUARDIAN. IF YOU ARE A PARENT OR GUARDIAN OF A TEENAGER (UNDER THE AGE OF 18) AND PROVIDE CONSENT TO A TEENAGER’S USE OF THE SPORTY’S SITES, YOU ALSO CONFIRM YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF THE TEENAGER’S USE OF SPORTY’S SITES.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from Sporty’s Sites as quickly as is reasonably practical.
Otherwise, by using Sporty’s Sites, you affirm that you are both age 18 or older and that you are able and legally competent to do so.
These Terms (“Terms of Use” or “Terms”) set forth the entire Agreement between you and us with respect to use of Sporty’s Sites and the subject matter hereof. They constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Sportsman’s Market, Inc. (“Sporty’s,” “we,” “us” or “our”) concerning your access to and use of this website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected hereto, including other Internet sites on which these Terms are posted (collectively “Sporty’s Sites”). The Terms supersede any prior agreements between you and Sporty’s relating to such subject matter. The Terms are not assignable, transferable, or sublicensable by you except with Sporty’s prior written consent. In the event that any provision hereof is determined to be illegal or unenforceable, the balance shall continue to be fully valid, binding, and enforceable.
No agency, partnership, joint venture, employee-employer, franchise, or franchiser/franchisee relationship is intended or created by these Terms of Use or the use of Sporty’s Sites. You agree that these Terms will not be construed against us by virtue of having drafted them.
Any heading, caption, or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Sporty’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Sporty’s right to comply with any governmental, court, and law enforcement requests or requirements relating to your use of Sporty’s Sites or information provided to or gathered by Sporty’s with respect to such use. A printed version of these Terms of Use, and of any notices given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use ─ to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.
It is Sporty’s intention to provide excellent service to all of its customers, including those with disabilities. We have invested in a significant number of resources to help ensure Sporty’s Sites are made easier to use and accessible for people with disabilities. If you have any question concerning your ability to use Sporty’s Sites please email us to [email protected] or contact us using the information found in the final section of these Terms.
You agree that by accessing Sporty’s Sites, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using Sporty’s Sites and you must discontinue use immediately.
Supplemental Terms or documents that may be posted on Sporty’s Sites from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of Sporty’s Sites after the date such revised Terms are posted.
The information provided on Sporty’s Sites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access Sporty’s Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
PLACING AN ORDER AND ACCEPTANCE
Orders for Sporty’s products and services placed while using any of Sporty’s Sites are subject to compliance with these Terms.
When you place an order with Sporty’s while using Sporty’s Sites you will need to provide address and other information to identify you. This will include your email address and a telephone number. Sporty’s will use your telephone number to contact you when there are questions about your orders. It will not be used for voice solicitations. With your consent your email address may be used to solicit orders for products you may be interested in.
Your receipt of an order number or an email confirmation after placing an order with Sporty’s does not constitute the acceptance of the order or confirmation of an offer to sell.
Without prior notification and in its sole discretion Sporty’s reserves the right to refuse services to anyone and to limit an order quantity on any item. Verification of information may also be required prior to acceptance of an order. If we have a question about your order, we will try to contact you.
Prices and availability shown on Sporty’s Sites are subject to change without notice. We are not responsible for pricing, typographical or other errors in any offer, and we reserve the right to cancel any orders resulting from such errors. Errors will be corrected when discovered, and Sporty’s reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
Sporty’s also reserves the right, in its sole discretion, to refuse or cancel any order for any reason.
Sporty’s does not charge a credit or debit card until an order ships unless if PayPal, a direct account deduction, or a credit service is used, then charges will be made at the time the order is placed.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, Sporty’s Sites are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Sporty’s Sites (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on Sporty’s Sites “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of Sporty’s Sites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use Sporty’s Sites, you are granted a limited license to access and use Sporty’s Sites and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to Sporty’s Sites, the Content and the Marks.
USER REPRESENTATIONS
By using Sporty’s Sites, you represent and warrant that:
1. you will not access Sporty’s Sites through automated or non-human means, whether through a bot, script, or otherwise;
2. you will not use Sporty’s Sites for any illegal or unauthorized purpose;
3. your use of Sporty’s Sites will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Sporty’s Sites (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use Sporty’s Sites for any purpose other than that for which we make Sporty’s Sites available. Sporty’s Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of Sporty’s Sites, you agree not to:
1. systematically retrieve data or other content from Sporty’s Sites to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of Sporty’s Sites, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. use a buying agent or purchasing agent to make purchases on Sporty’s Sites;
4. use Sporty’s Sites to advertise or offer to sell goods and services.;
5. circumvent, disable, or otherwise interfere with security-related features of Sporty’s Sites, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Sporty’s Sites and/or the Content contained therein;
6. engage in unauthorized framing of or linking to Sporty’s Sites;
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct;
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
10. interfere with, disrupt, or create an undue burden on Sporty’s Sites or the networks or services connected to Sporty’s Sites;
11. attempt to impersonate another user or person or use the username of another user;
12. sell or otherwise transfer your profile;
13. use any information obtained from Sporty’s Sites in order to harass, abuse, or harm another person;
14. use Sporty’s Sites as part of any effort to compete with us or otherwise use Sporty’s Sites and/or the Content for any revenue-generating endeavor or commercial enterprise;
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Sporty’s Sites;
16. attempt to bypass any measures of Sporty’s Sites designed to prevent or restrict access to Sporty’s Sites, or any portion of Sporty’s Sites;
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Sporty’s Sites to you;
18. delete the copyright or other proprietary rights notice from any Content;
19. copy or adapt Sporty’s Sites’s software, including but not limited to PHP, HTML, JavaScript, Flash or other code;
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of Sporty’s Sites or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Sporty’s Sites;
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Sporty’s Sites, or using or launching any unauthorized script or other software;
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or Sporty’s Sites, or use Sporty’s Sites in a manner inconsistent with any applicable laws or regulations.
GUIDELINES FOR REVIEWS
We may provide you areas on Sporty’s Sites to leave reviews or ratings. When posting a review, you must comply with the following criteria:
1. you should have firsthand experience with the product being reviewed;
2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
4. your reviews should not contain references to illegal activity;
5. you should not be affiliated with competitors if posting negative reviews;
6. you should not make any conclusions as to the legality of conduct;
7. you may not post any false or misleading statements;
8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Sporty’s Sites (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
MOBILE APPLICATIONS
Use License
If you access Sporty’s Sites via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms of this mobile application license contained in these Terms.
You shall not:
1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Sporty’s Apps/Supplementary Terms
Users of Sporty’s Apps (“App”) as well as and including any streamed and aviation education course materials are subject to these additional terms (“App Terms”) and are protected by copyright, trademark, and other intellectual property laws. Apps are provided solely for personal, noncommercial use. By signing up for an App you acknowledge and agree to the App Terms. You may not display any portion thereof. Unless explicitly authorized, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Apps. For information about requesting permission to reproduce or distribute materials from an App, please contact Sporty’s at support@Sporty’s.com.
You are responsible for reviewing the Fee Schedule from time to time in the App Store and remaining aware of the fees charged by us and any applicable discounts. The Fee Schedule, including subscriber or other discounts, is subject to change at any time in our sole discretion.
The Sporty’s Pilot Training App is available for download from the Apple App Store, Google Play Store, RokuTV App Store and Amazon Fire TV App Store. It is an educational app allowing users to access content from Sporty’s collection of aviation training courses.
Sporty’s Pilot Training Online is a web application allowing users to access content from Sporty’s collection of aviation training courses.
Both the app and online platforms are free to use and provide access to limited content from each course, which can be accessed by using the “Preview” function. Users can unlock access to an entire course by either making an in-app purchase through the respective platform’s App Store, or by signing into the app with a Sporty’s user account that had previously purchased access to the course from Sporty’s.com.
Users have the option to create a free account within the app using their email address. The primary purpose of this account is to allow the user to sign in to another device with the Sporty’s Pilot Training app installed and allow for the user’s course progress and results to automatically update and stay in sync.
Sporty’s Pilot Training Online uses an outside party to help analyze how users use the site. The tool collects standard app log information and visitor behavior information. This information is then used to evaluate visitors’ use of the app and to compile statistical reports on app usage for us. Sporty’s will use this information in order to maintain, enhance, or add to functionality to the Pilot Training app. The outside party will not share the user’s personal information or associate the user’s personal information with any other data held by the outside party.
Sporty’s Apps and AI
Sporty’s Apps may utilize Artificial Intelligence (“AI”) to enhance user interactions, provide responses, and improve the overall learning experience. By using features that incorporate AI, you agree to the following.
Outputs generated by AI are based on probabilistic models and may not always be accurate, complete, or suitable for your specific needs. Sporty’s does not guarantee the quality, accuracy, or legality of AI-generated outputs, and you assume all risks associated with relying on them.
You are responsible for manually reviewing and validating outputs before use. Outputs should not be relied upon as the sole source of truth or professional advice, particularly for critical decisions.
Sporty’s disclaims all liability for any damages, losses, or other consequences arising from the use of outputs, including those that are inaccurate, offensive, or illegal. This limitation includes, but is not limited to, financial losses, reputational damage, and any legal repercussions.
When you interact with AI, your information may be shared with AI vendors such as OpenAI, which may keep a copy of your responses for their own purposes. Sporty’s advises against inputting personal, sensitive, or confidential information. Refer to our Privacy Policy, https://www.Sporty’s.com/privacy/ for further details on how data is handled and protected.
App Store Billing Information
If you purchase access to a Pilot Training course from an iOS device, Apple will collect and store your billing address and credit card information. This can be viewed and modified at any time from Apple’s App Store.
If you purchase access to a course from an Android device, Google will collect and store your billing address and credit card information. Then this can be viewed and modified at any time from the Google Play Store.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access Sporty’s Sites:
1 the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s Terms;
2 we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the Terms of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
3 in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
4 you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
5 you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
6 you acknowledge and agree that the App Distributors are third-party beneficiaries of the Terms in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
THIRD-PARTY WEBSITES AND CONTENT
Sporty’s Sites may contain (or you may be sent via Sporty’s Sites) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through Sporty’s Sites or any Third-Party Content posted on, available through, or installed from Sporty’s Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave Sporty’s Sites and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from Sporty’s Sites or relating to any applications you use or install from Sporty’s Sites. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
1. monitor Sporty’s Sites for violations of these Terms;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. in our sole discretion and without limitation, notice, or liability, to remove from Sporty’s Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. otherwise manage Sporty’s Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of Sporty’s Sites.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy, a link to which is https://www.Sporty’s.com/privacy/and which is posted on other Sporty’s Sites. By using Sporty’s Sites, you also agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised Sporty’s Sites are hosted in the United States.
If you access Sporty’s Sites from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of Sporty’s Sites, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through Sporty’s Sites infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent in detail (your “Notification”) using the contact information provided below at Dispute Resolution – Contact us.
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by Sporty’s Sites infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Sporty’s Sites are covered by the Notification, a representative list of such works on Sporty’s Sites;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. a statement that the complaining party has 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;
6. a statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting Sporty’s Sites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on Sporty’s Sites, satisfy any legal requirement that such communication be in writing.
You hereby also agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via Sporty’s Sites.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CORRECTIONS
There may be information on Sporty’s Sites that contains typographical errors, inaccuracies, or omissions that may relate to Sporty’s Sites, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Sporty’s Sites at any time, without prior notice.
USER DATA
We will maintain certain data that you transmit to Sporty’s Sites for the purpose of managing Sporty’s Sites, as well as data relating to your use of Sporty’s Sites. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using Sporty’s Sites.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of Sporty’s Sites at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of Sporty’s Sites without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Sporty’s Sites.
We cannot guarantee Sporty’s Sites will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Sporty’s Sites, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Sporty’s Sites at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Sporty’s Sites during any downtime or discontinuance of Sporty’s Sites.
Nothing in these Terms will be construed to obligate us to maintain and support Sporty’s Sites or to supply any corrections, updates, or releases in connection therewith.
NOTICE TO CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use Sporty’s Sites.
Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of Sporty’s Sites (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in Sporty’s Sites or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
LIMITATION OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of Sporty’s Sites, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the twenty-four-month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
WAIVER
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any preceding or subsequent breach or default. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of Sporty’s Sites; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of Sporty’s Sites with whom you connected via Sporty’s Sites.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
DISCLAIMER
Sporty’s sites are provided on “AN IS” and “AS-AVAILABLE” basis. You agree that your use of Sporty’s Sites and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with Sporty’s Sites and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of Sporty’s Sites’s content or the content of any websites linked to Sporty’s Sites and we will assume no liability or responsibility for any
1. errors, mistakes, or inaccuracies of content and materials,
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Sporty’s Sites,
3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
4. any interruption or cessation of transmission to or from Sporty’s Sites,
5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through Sporty’s Sites by any third party, and/or
6. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via Sporty’s Sites.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Sporty’s Sites, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
DISPUTE RESOLUTION
Contact Us
In order to resolve a complaint regarding Sporty’s Sites or to receive further information regarding use of Sporty’s Sites, please contact us at:
Sportsman’s Market, Inc.
2001 Sporty’s Drive
Batavia Ohio 45103
513 476 9100
Fax 513 476 9200
Legal Actions
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Clermont County, Ohio, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to Sporty’s Sites be commenced more than two years after the cause of action arose.
GOVERNING LAW
These Terms and your use of Sporty’s Sites are governed by and shall be construed in accordance with the laws of the State of Ohio applicable to agreements made and to be entirely performed within Ohio without regard to its conflict of law principles. Sporty’s liability shall be limited to the full extent permitted by law.
