Sportsman's Warehouse - Terms of Use

 

Sportsman's Warehouse - Terms of Use

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS GOVERN ALL USE OF THE SPORTSMAN' WAREHOUSE WEBSITE, INCLUDING THE PURCHASE OF PRODUCTS THROUGH THE SPORTSMAN'S WAREHOUSE WEBSITE AND POSTING COMMENTS, REVIEWS, PICTURES OR OTHER CONTENT ON THE SPORTSMAN'S WAREHOUSE WEBSITE. BY USING THE SPORTSMAN'S WAREHOUSE WEBSITE, YOU AGREE THAT THESE TERMS AND CONDITIONS TOGETHER WITH THE PRICE AND PURCHASE INFORMATION PROVIDED AT THE TIME OF PRODUCT PURCHASE REPRESENT THE ENTIRE AGREEMENT CONCERNING THE USE OF THE SPORTSMAN'S WAREHOUSE WEBSITE AND THE PURCHASE OF SPORTSMAN'S WAREHOUSE PRODUCTS, AND THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING WITH RESPECT TO SPORTSMAN'S WAREHOUSE PRODUCTS. NO OTHER COMMUNICATION WILL BE CONSTRUED AS, OR CONSTITUTE, A WAIVER OF THESE TERMS AND CONDITIONS OF USE, OR ACCEPTANCE OF ANY ADDITIONAL TERMS, CONDITIONS OR SPECIFICATIONS, AND SPORTSMAN'S WAREHOUSE HEREBY OBJECTS TO ANY SUCH ADDITIONAL OR CONTRARY TERMS, CONDITIONS OR SPECIFICATIONS.

  1. Customers
  2. All Sportsman's Warehouse customers must be at least 18 years old and legally able to agree to these Terms and Conditions, and must provide and update accurate registration information.

  3. Access
  4. You will choose a username and password to use in establishing and accessing a Sportsman's Warehouse customer account. Your account will allow you to purchase products from Sportsman's Warehouse and to post comments, reviews, pictures or other content on the Sportsman's Warehouse website. You must not share your username and password with any other party. You assume responsibility for any unauthorized use of your username or password, and you must promptly inform Sportsman's Warehouse of any actual or suspected unauthorized use.

  5. Security
  6. You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Sportsman's Warehouse website or of the networks connected to the Sportsman's Warehouse website, and to abide by all security policies adopted by Sportsman's Warehouse. You acknowledge and agree that, for security purposes, Sportsman's Warehouse may monitor your account and your access to and use of the Sportsman's Warehouse website. Sportsman's Warehouse may at any time terminate or suspend your access to the Sportsman's Warehouse website as Sportsman's Warehouse considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Sportsman's Warehouse may also impose limits on certain features and functions of the Sportsman's Warehouse website, or restrict your access to the Sportsman's Warehouse website without notice or liability.

  7. Customer Content
  8. You may post comments, reviews, pictures or other content on the Sportsman's Warehouse website ("Customer Content"), subject to the rules established by Sportsman's Warehouse, as those rules might change from time to time. You must not post any Customer Content that is offensive, profane, indecent, obscene, threatening, abusive, libelous or illegal. Your Customer Content must not violate, plagiarize or infringe the rights of others, and you will indemnify Sportsman's Warehouse and hold Sportsman's Warehouse harmless from all losses, claims, damages and expenses arising from your Customer Content.

    You grant Sportsman's Warehouse a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) modify and create derivative works based upon your Customer Content, and (ii) reproduce, display and distribute your Customer Content, modified versions of your Customer Content and derivative works based upon your Customer Content. Sportsman's Warehouse may, but is not obligated to review Customer Content prior to, or at any time after the Customer Content is first displayed by Sportsman's Warehouse. Sportsman's Warehouse may refuse to display, and may at any time cease the display of any Customer Content that, in Sportsman's Warehouse's sole discretion, is in violation of these Terms and Conditions, offensive, defamatory or otherwise inappropriate, or might expose Sportsman's Warehouse to any claim by or liability to any third party. No display of any Customer Content is a waiver of Sportsman's Warehouse' right to cease the display of that Customer Content. Sportsman's Warehouse's right to review, refuse and cease the display of Customer Content is not an assumption by Sportsman's Warehouse of any responsibility for Customer Content.

  9. Third Party Web Sites
  10. Sportsman's Warehouse might provide links to websites operated by others. If you use those websites, you will leave the Sportsman's Warehouse website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Sportsman's Warehouse makes no warranty or representation regarding any linked website, the information appearing on those websites or any of the products or services described on those websites. Sportsman's Warehouse does not endorse, the information appearing on those websites or any of the products or services described on those websites.

  11. Reviews & Comments
  12. The Sportsman's Warehouse website includes information provided by other Sportsman's Warehouse customers, such as comments and product reviews. Sportsman's Warehouse is not in any way responsible for such information and does not warrant its accuracy. Your use of that information is at your own risk.

  13. Transactional Data
  14. "Transactional Data" means all information collected by Sportsman's Warehouse, or to which Sportsman's Warehouse has access, that relates to the products you purchase and your use of the Sportsman's Warehouse website. You grant Sportsman's Warehouse a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for Sportsman's Warehouse's internal business purposes, including the provision of products and services to Sportsman's Warehouse customers and other third parties, (ii) prepare and distribute reports and analyses of Transactional Data, provided that such reports and analyses do not disclose your identity, and (iii) distribute and disclose Transactional Data that is de-identified and aggregated with other data, and grant third parties rights use and analyze such data for their internal business purposes.

  15. Intellectual Property
  16. You acknowledge and agree that all information and content that you access or that is made available to you through the Sportsman's Warehouse website, including, but not limited to, information, text, graphics, trademarks, logotypes, data and data compilations, is the property of Sportsman's Warehouse, its customers or its suppliers. United States and international trademark, copyright and other intellectual property right laws protect that information and content.

  17. Disclaimer of Warranties
  18. ALL SPORTSMAN'S WAREHOUSE PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE SPORTSMAN'S WAREHOUSE WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." SPORTSMAN'S WAREHOUSE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH SPORTSMAN'S WAREHOUSE HEREBY EXPRESSLY DISCLAIMS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

    SPORTSMAN'S WAREHOUSE DOES NOT GUARANTEE THAT YOUR ACCESS TO THE SPORTSMAN'S WAREHOUSE WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE SPORTSMAN'S WAREHOUSE WEBSITE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. SPORTSMAN'S WAREHOUSE WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.

  19. Limitation of Liability
  20. SPORTSMAN'S WAREHOUSE WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE SPORTSMAN'S WAREHOUSE WEBSITE OR SPORTSMAN'S WAREHOUSE PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SPORTSMAN'S WAREHOUSE.

    IN NO EVENT WILL SPORTSMAN'S WAREHOUSE'S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF SPORTSMAN'S WAREHOUSE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE AMOUNT PAID FOR SPORTSMAN'S WAREHOUSE PRODUCTS.

  21. Assignment
  22. Sportsman's Warehouse may assign its rights and obligations under these Terms and Conditions without your consent. You may not assign any of your rights and obligations under these Terms and Conditions without the prior written consent of Sportsman's Warehouse.

  23. Notices
  24. Any notice permitted or required to be given by you under these Terms and Conditions will be deemed given and effective when sent to Sportsman's Warehouse. Any notice permitted or required to be given by Sportsman's Warehouse under these Terms and Conditions will be given and effective when sent to you at the email address provided in your registration for a Sportsman's Warehouse account.

  25. Governing Law
  26. These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of Utah. Any action arising out of, or relating to, this Agreement may be brought in courts situated in Utah, and you consent to the jurisdiction of such courts.

  27. General
  28. If any of these Terms and Conditions conflict with any applicable statute or rule of law, the affected Terms and Conditions will be deemed inoperative. If any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.

  29. Export Restriction Notice
  30. Some items purchased may be strictly controlled from export by the United States Department of State (Directorate of Defense Trade Controls, http://www.pmddtc.state.gov/) or the United States Department of Commerce (Bureau of Industry and Security, http://www.bis.doc.gov/).

    Please contact U.S. Customs and Border Protection (http://www.cbp.gov/xp/cgov/travel/vacation/kbyg/) for guidance on exporting items such as ammunition, firearm parts, optics, GPS, and other potentially restricted items that may be offered for sale on this website. Serious penalties, both criminal and civil, may be imposed on persons who fail to comply with the export control laws of the United States.