Terms of Service
1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: sportsmenamerica.com.
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, products, services, or other materials ("Content") posted on, transmitted through, or linked from the services, are the sole responsibility of the person/organization from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post or otherwise make available via the Service. You understand that Sportsmen America is not responsible for Content made available through the services, and that by using the services, you may be exposed to Content that is inaccurate, misleading, or otherwise
objectionable. Furthermore, the Sportsmen America site and Content available through the services may contain links to other websites, which are completely independent of Sportsmen America. Sportsmen America cannot and will not make any representation or warranty as to accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is entirely at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Sportsmen America be liable in any way for any Content, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the services. You specifically acknowledge through your use of this resource or the services that Sportsmen America does not warranty or guarantee Content, but that Sportsmen America shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the services, for violating the letter or spirit of the TOU, for not providing reasonable quality services to Sportsmen America clientele or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Content available through the services of Sportsmen America may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Sportsmen America, including web sites, directories, servers, networks, systems, information, and databases, applications, software, programs, products or services, and/or the internet as a whole. Interactions with organizations and/or individuals found on or through these services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. Sportsmen America makes no warranty or guarantee regarding such dealings, services or products in any way. Further, you should always make whatever investigation you feel necessary before proceeding with any online or offline transaction with any third party. You agree that Sportsmen America is not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. In the event of any dispute between users of these services, or between users and any third party, any and all users understand and agree that Sportsmen America has no obligation to be involved therein. In the event that you have a dispute with any other users, you hereby release Sportsmen America, its officers, employees, agents, assigns, and/or successors in rights from any claim, demand or damages of any kind or nature, known or unknown, disclosed or undisclosed, arising out of or in any way related to such any such dispute or Sportsmen America services.
5. PRIVACY AND INFORMATION DISCLOSURE
By making use of Sportsmen America, all users agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic, lewd, or intentionally offensive; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates federal, state, or local equal employment opportunity laws; e) that impersonates any person or entity, including, but not limited to, any Sportsmen America employee or officer, or falsely states or otherwise misrepresents affiliation with a person or entity; f) that includes personal or identifying information about another person without that person's explicit consent; g) that is false, deceptive, misleading, deceitful, or misinformative; h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; j) that constitutes or contains any form of advertising or solicitation if posted in areas of Sportsmen America which are not designated for such purposes; k) that includes links to commercial services or web sites, except as allowed in "services"; l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; n) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services; o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services. Additionally, you agree not to: p) contact anyone who has asked not to be contacted; q) "stalk" or otherwise harass anyone; r) collect personal data about other users of Sportsmen America for commercial or unlawful purposes without prior permission of said users; s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services - unless expressly approved by Sportsmen America; or, t) attempt to gain unauthorized access to Sportsmen America computer systems IPO’s or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the services or Sportsmen America.
7. LIMITATIONS ON SERVICES
You acknowledge that Sportsmen America has the ability to establish limits concerning use of Services, including the maximum number of days that Content will be retained, maximum number and size of postings, email messages, or other Content that may be transmitted or stored by Sportsmen America, and the frequency with which you may access Services. You agree Sportsmen America has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that Sportsmen America reserves the right at any time to modify or discontinue Services with or without notice, and shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service other than any claims based in a contractual agreement in writing between the user and Sportsmen America. Lifetime memberships are good so long as Sportsmen America is in business. If at any time, Sportsmen America ceases to exist, there will be no refund of membership dues.
8. PROPRIETARY RIGHTS
The Services and Sportsmen America are protected to the maximum extent permitted by copyright law. Content displayed on or through the Services is protected by copyright as a collective work pursuant to copyrights law. Any reproduction, modification, creation of derivative works from or redistribution of the site, services or collective work, and/or copying or reproducing thereof, or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Sportsmen America. You specifically agree not to reproduce, duplicate or copy Content from the Services or Sportsmen America without the express written consent of Sportsmen America, and agree to abide by any and all copyright law applicable to content or services provided by Sportsmen America or any advertiser or user thereon. Although Sportsmen America does not claim ownership of content that its users post, by posting Content to the services and/or Sportsmen America, users automatically grant, represent and warrant that you/they have the right to grant, to Sportsmen America irrevocable, perpetual, non-exclusive license to use, copy, perform, and display the foregoing. Furthermore, by posting Content to the Services and/or Sportsmen America, users automatically grant Sportsmen America all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.
9. DISCLAIMER OF WARRANTIES
YOU AGREE ANY USE OF Sportsmen America AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. Sportsmen America AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SPORTSMAN’S INTEFACE DISCLAIMS ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Sportsmen America OR ANY LINKED OR PROVIDED SITES OR SERVICES, OR ACCESSED IN ANY WAY THROUGH Sportsmen America. TO THE FULLEST EXTENT PERMITTED BY LAW Sportsmen America DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH USE OF Sportsmen America
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Sportsmen America BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM ANY ASPECT OF USE OF Sportsmen America OR THE SERVICES, WHETHER DAMAGES ARISE FROM USE OR MISUSE OF Sportsmen America OR THE SERVICES, FROM INABILITY TO USE Sportsmen America OR THE SERVICES, INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF Sportsmen America OR THE SERVICES PROVIDED THEREBY. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO ANY AND ALL DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON OR THROUGH CONNECTION WITH Sportsmen America OR THE SERVICES OR ANY LINKS ATTACHED THERETO, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Sportsmen America OR THE SERVICES ATTRIBUTED THERETO.
By use of Sportsmen America, users agree to indemnify, defend, and hold harmless Sportsmen America, its employees, subsidiaries, affiliates, successors, assigns, directors, agents, and officers, from any claim or demand, including reasonable attorney fees, court costs, and costs of suit, made by any User or third party due to or arising out of Content submitted, posted or made available through the Services, your use of the Services or Sportsmen America, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation or infringement of any rights of another.
18. GENERAL INFORMATION
The TOU provided above constitute the entire agreement between the user and Sportsmen America and govern use of the Service, superceding any prior agreements between users and Sportsmen America with the limited exception of written agreements under contract between Sportsmen America and users. The TOU and the relationship between you and Sportsmen America shall be governed at all times by the laws and regulations of the State of Montana. Users and Sportsmen America submit to personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. Failure of Sportsmen America to exercise or otherwise enforce any right or provision of the TOU shall not constitute a waiver of any such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the remainder of the agreement shall remain in place and binding upon the parties. Further, the parties agree in the event a provision of the TOU is found invalid, the court should endeavor to give effect to the parties' intentions as reflected in the provision as it is the essence of the agreement. You agree regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Sportsmen America, the Services, or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. Advertising location is not guaranteed and revolves over time.
We welcome your questions and comments on this document and our services. Questions or comments should be directed to us at firstname.lastname@example.org. Thank you for your business!