SPORTY'S SITES TERMS

 

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 support@sportys.com 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

     support@Sporty’s.com

 

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. 

Last Revised: June 30, 2023

 

Sporty's Terms of Use and

End User License Agreement

 

Welcome to the Internet websites of Sportsman's Market, Inc. "Sporty's Sites" and its subsidiaries (collectively "Sporty's"). Sporty's Sites include sites of Sporty's Academy, Inc., Eastern Cincinnati Aviation, Inc. and other Internet sites on which these Terms of Use are posted. Sporty's is sometimes referred to herein as "we," "us" or "our."

All orders for Sporty's products and services are subject to compliance with these Terms of Use.

 

Introduction

 

PLEASE READ THESE TERMS OF USE CAREFULLY. 

 

These Terms and Conditions of Use ("Terms of Use" or "Terms") constitute an agreement between Sporty's and you. You may print out a copy of these Terms of Use for your records.

 

By using any of Sporty's Sites you affirm that you are able and legally competent to, and agree to, comply with these Terms of Use. You agree not to interfere with or interrupt, or attempt to interfere with or interrupt the operation of Sporty's Sites in any way. If you do not agree to these Terms of Use, or if you are not legally competent to agree to them, then you may not use Sporty's Sites.

 

YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sporty's Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites. To comply with the Children's Online Privacy Protection Act, Sporty’s will never knowingly or intentionally collect any personal information about children under the age of 13. If Sporty’s obtains actual knowledge that Sporty’s has collected personal information about a child under the age of 13, Sporty’s will immediately delete that information. Because Sporty’s does not knowingly or intentionally collect such information, to the best of Sporty’s knowledge and belief, Sporty’s has no such information to use or to disclose to a third party.

 

IF YOU ARE A PARENT OR GUARDIAN OF A TEENAGER (UNDER THE AGE OF 18) THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITES.

 

Please note that these Terms of Use contain provisions that govern the resolution of claims between Sporty's and you. Please see the Legal Disputes section below for details.

 

Sporty's may modify these Terms of Use and its Privacy Policy at any time by updating this posting. You are bound by any such modification.  We notify you of any change to these Terms of Use only by updating the "Last Revised" date at the top of this webpage. Your continued use of the Sporty's Sites after a modification signifies your agreement to the modification. 

 

If any one or more of the covenants, agreements, or provisions of these Terms shall be held invalid for any reason, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of these Terms and shall in no way affect the validity or enforceability of the other provisions of these Terms.

 

Special terms might apply to some services or features offered on certain Sporty's Sites.  These special terms are posted in connection with the applicable service or feature. Any such special terms are in addition to these Terms of Use and, in the event of a conflict, they prevail over these Terms of Use.

 

These Terms set forth your and our entire understanding relating to the subject matter hereof; any prior understandings, written or oral, are superseded by these Terms. All terms set forth herein are applicable to the extent permitted by law.

 

Placing an Order and Acceptance; promotional emails, text messages, and telephone numbers

 

Sporty's does not require any consent as a condition to purchasing any goods or services. After placing an order with Sporty's your receipt of an order number or an email confirmation does not constitute the acceptance of the order or confirmation of an offer to sell.

 

When you place an order using Sporty's Sites you will need to provide address and other information to identify you including 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.

 

Without prior notification Sporty's reserves the right to limit the order quantity on any item and to refuse services to any customer. Verification of information may also be required prior to acceptance of an order. If there is a question about your order, we will try to contact you.

 

Prices and availability on Sporty's Sites are subject to change without notice. We are not responsible for pricing, typographical or other errors in any offer, and 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 reserves the right, at its sole discretion, to refuse or to cancel any order for any reason. Sporty's does not charge a credit or debit card until an order ships except, if PayPal, a direct account deduction, or credit service is used, charges will be made at the time the order is placed. 

 

At the time you place an order you are certifying that you are 18 years of age or older. You will be agreeing to receive promotional emails and asked if you wish to receive text messages from Sporty's. When you subsequently receive solicitation emails, they will each offer an "unsubscribe" link to be used if you wish not to receive further email messages. If we receive a text response to Sporty’s promotional and personal marketing text (e.g., SMS and MMS) messages that has the word "stop" as the subject Sporty’s will stop sending you text message solicitations.

 

Creating an Account

 

When placing an order with Sporty's you may create an account with your email address and a unique password as your identifying information.  Although you don't need an account to complete an order, it will speed up the checkout process during future visits.

 

Purchasers of Sporty’s apps and online training courses will create accounts with Sporty’s for their use with these products.

 

The username for your account will be the email address you used for your account. If you forget your password, you can log in to your account and click the "forgot password" link to obtain a new password.

 

You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.  You are responsible for safeguarding your password and you shall not allow friends, family, business associates or other persons access to, or to use, your username or password. 

You can review, modify, or delete personal information you have provided Sporty’s with your Account.

 

You are responsible for maintaining the confidentiality of your password and account. Sporty's shall not be responsible in the event that your password is misappropriated by a third party. You also agree to notify us promptly of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Sporty's Sites. Your account may also be restricted or terminated for any reason at Sporty's sole discretion.

 

Communications with Sporty's

For communications made to or with Sporty's, including but not limited to feedback, questions, comments, suggestions and the like:  (i) you will have no right to confidentiality in your communications and Sporty's will have no obligation to protect your communications from disclosure; (ii) Sporty's will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Sporty's will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

 

Sporty’s may provide occasional opportunities for the user to receive particular offers for products or services, or it may request that the user complete surveys or other means by which the user voluntarily provides Sporty’s with personal information. These opt in requests may ask for the user’s contact or shipping information, pilot certificate, or other data that may be retained by Sporty’s and used to both communicate with the user and enhance the user’s experience with Sporty's services. These types of communications and offers may be managed by Sporty’s directly or by a third party. Any uses of the user’s data by any such third party will be governed in accordance with these Terms and any additional terms that might appear in the material the user receives.

 

Sporty's also uses third parties to improve its ability to identify visitors to Sporty's Sites. Sporty's may provide identifiers to these third parties such as the user's IP addresses, cookies, and hashed versions of email addresses captured from a visit. Sporty's and the third parties may use this data to obtain information about Sporty's users and to allow others to reach out to them using postal mail. You have the right to opt out of this activity either with an email to support@sportys.com, or by postal mail as set forth in the "Notices" section below.

 

Termination

 

In addition to any other rights, either you or Sporty's may cancel or terminate this Agreement at any time.  Sporty's also reserves an unlimited right to restrict, suspend or terminate your access to Sporty's Sites, in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms of Use. 

 

You agree that any termination of your access to Sporty's Sites may be affected without prior notice and you acknowledge and agree that Sporty's may bar further access to Sporty's Sites. Further, you agree that Sporty's will not be liable to you or any third party for any termination of access to Sporty's Sites.

 

The provisions of the User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive a termination, will survive any termination of these Terms of Use.

 

Cookies

 

We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. Cookies may improve services for you through, for example:

 

Enabling the functionality of some specific services like payment which will not work without those cookies
Enabling a service to recognize your device so you don't have to give the same information several times during one task
Recognizing that you may already have given a username and password when logged in to Sporty's Sites so you don't need to do it for every web page requested
Measuring how many people are using services, so they can be made easier to use and to ensure that there's enough capacity to ensure they are fast
Analyzing data to help us understand how you use online services so we can improve them


If you choose not to use cookies during your visit, you should be aware that certain functions and pages will not work as expected. As an example, you may not be able to use the wish list feature.

 

Promotional emails, text messages, and telephone numbers

 

Sporty's does not require any consent as a condition to purchasing any goods or services.

 

When you place an order using Sporty's Sites you will need to provide address and other information to identify you including your email address and a telephone number. At that time you are also agreeing to receive promotional email messages from Sporty's and are certifying that you are 18 years of age or older.

 

When you subsequently receive solicitation emails they will each offer an "unsubscribe" link to use if you wish to not receive further email messages. 

 

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. After Sporty's has received an individual's consent Sporty's may send promotional and personal marketing text (e.g., SMS and MMS) messages. If Sporty's receives a text response with the word "stop" it will stop sending you text message solicitations. Please read Sporty's Mobile Terms & Conditions for a complete explanation of text message terms.

 

Privacy & Security

Sporty's takes your privacy very seriously. Please review our Privacy Policy, which is incorporated into these Terms of Use below.  It also governs your use of Sporty's Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Security is important to Sporty's. We have established appropriate physical, electronic and managerial safeguards to protect the limited information we collect from or about our users. Sporty's does, however, reserve the right at all times to disclose information as Sporty's deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

Sporty's exchanges limited customer information with other reputable merchants including, customer names and addresses, and may purchase or rent such information for the purpose of soliciting purchases by mail, normally for a one-time use.  Email addresses and telephone numbers are not included in any such exchange or rental. We also share information about your use of our site with our social media, advertising and analytics partners.

 

If you wish that your information not be included in any such exchange, rental or sale, please notify us by contacting support@sportys.com, or telephone to 513-735-9000. We do use opt-out information, but solely to comply with opt-out requests.

 

Sporty's does solicit purchases by email (not by telephone), however each such email has an "unsubscribe" link to allow you to avoid receiving future such emails. Also, if you give Sporty's prior consent Sporty's may provide you with promotional and personal marketing text (e.g., SMS and MMS) messages.

 

Sporty’s Privacy Policy:

For over fifty years our philosophy has been to earn and keep our customers’ trust and to provide the best service and customer satisfaction in the retail industry. Because of this philosophy, we treat the information you provide us in confidence. Sporty’s consistently works to improve Sporty’s security measures. However, no security system is foolproof and Sporty’s cannot guarantee the security of the user’s information.

When you visit Sporty's Sites, our web server will recognize your Internet service provider. This collection of visitor information allows us to make our site work better for you. Your name and address are stored on our web server so it is available when you log in to your account with your user name and password.

When ordering or requesting a catalog, customers provide Sporty’s with certain information such as name, physical and email address, telephone number, credit card number, etc. This information is necessary to process an order. A customer’s telephone number is used when we have a question about the order. It may also be used by a delivery service if there is a question about delivery. For its own use and for your future transactions Sporty’s retains information about its customers.

We send customers periodic catalog mailings and send emails announcing items we believe may be of interest to them. We also make our mailing list (name and address only, not our email list or telephone numbers) available to a few reputable, carefully screened companies whose products you may find of interest. You may opt-out of catalog mailings and/or our transfer of mailing lists to other companies.  You may also access the information we have about you and make corrections or deletions it if it is inaccurate. We also receive mailing list information from other companies. 

Personal information is released to law enforcement agencies if requested or if there is a court order. Please let us know by email or telephone if you do not wish us to disclose your mailing list information, which includes some personal information, to any third parties.

We expect to continue to earn your trust for at least another fifty years.

You may contact our customer service department at support@sportys.com to discuss our privacy policy, to change your account information, or to have your information removed from our Sites.

 

Sporty’s consistently works to improve its security measures. However, no security system is foolproof and Sporty’s cannot guarantee the security of user information.

 

Accessibility
 

Sporty’s is committed to providing excellent service to all of its customers, including those with disabilities. We have invested a significant number of resources to help ensure Sporty’s Sites are made easier to use and accessible for people with disabilities. So if you are having difficulty using or accessing Sporty’s Sites, please email accessibility@sportys.com for more information. You can also visit our accessibility page here. Sporty’s would like you to have a successful visit to Sporty’s Sites.

 

Product Reviews

 

Customers may review and comment on Sporty's products and the reviews may be published on Sporty's Sites.  Sporty's will not be responsible for any derogatory customer comments which are published. 

 

Outages

 

Sporty's periodically schedules system downtime for Sporty's Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Sporty's has no responsibility and is not liable for: (a) the unavailability of any of Sporty's Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of Sporty's Sites, any Internet service providers or otherwise.

 

Notices

 

Notices by Sporty's to you may be given by means of email or other reasonable means of Sporty's choosing.  Notices (including questions, complaints, or legal notices) by you may be given by electronic message to support@sportys.com, or postal mail or courier to:

 

Sportsman's Market, Inc.
2001 Sportys Drive
Batavia, Ohio 45103
513/735-9000.

Notice to California Residents

 

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, glassware, ceramics, and electrical cords. Please call prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, Sporty's provides users of Sporty's Sites with the following notice:  "You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210".

The California Consumer Privacy Act of 2018 ("CCPA") gives residents of the state of California the right to prevent businesses from selling (or otherwise transferring) their personal information. This right is subject to certain exemptions. For example, it does not apply to information that we share with certain third-party service providers so that they can perform business functions for us or on our behalf.

In accordance with the CCPA, California residents may opt out of any future exchange, rental, or sale of their personal information or record a preference that Sporty's not rent, sell, or otherwise transfer their data in the future, by an email notification to:  support@sportys.com.

Alternatively, you may contact us via postal mail at the following address:

Sporty's

Attn:  Customer Service

2001 Sportys Drive

Batavia, OH  45103

 

Limitation of Liability

 

IN NO EVENT WILL SPORTY'S OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR TO SPORTY'S SITES OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF SPORTY'S SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE SPORTY'S SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SPORTY'S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through Sporty's Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Sporty's is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

 

Indemnity

 

You agree to indemnify and hold Sporty's harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party if the claim or demand is due to or arise out of your violation of these Terms of Use.

 

Legal Disputes

 

Any dispute between you and Sporty's, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, "Sporty's") arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Sporty's will provide such notice by e-mail to your e-mail address on file with Sporty's and you must provide such notice by e-mail to legaldepartment@sportys.com.  

 

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Sporty's and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Sporty's, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms of Use, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Sporty's and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Sporty's nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action, and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Ohio without regard to conflict of laws principles.  You hereby consent to the exclusive jurisdiction and venue of the courts in Clermont County, Ohio, USA in any and all claims or disputes to enforce, construe, or otherwise relating to these Terms of Use or the use of Sporty's Sites.

 

YOU AND SPORTY'S AGREE 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, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

 

Jurisdictional Issues/Governing Law/Forum Selection

 

Sporty's Sites are operated by Sporty's from its offices in Batavia, Ohio, USA. Sporty's Sites are intended for users who reside in the United States of America. Sporty's makes no representations or warranties that Sporty's Sites or any materials contained therein are valid, appropriate or available for use outside of the United States. If you access and use Sporty's Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Sporty's reserves the right to limit the availability of Sporty's Sites and the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in its sole discretion. Any software on Sporty's Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from Sporty's Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Force Majeure

 

Sporty's shall not have any liability to you by reason of any delay or failure to perform if the delay or failure to perform is occasioned by any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, action or inaction of any Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control. 

 

Use of Content─Trademarks/Copyrights

 

The content contained on Sporty's Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Sporty's and/or its affiliates or by third parties that have licensed their Content to Sporty's. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a Sporty's Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Sporty's, and (c) you may not use the Content in a manner that suggests an association with any of Sporty's products, services or brands.

Without the prior written permission of Sporty's you may not use any material contained on any Sporty's Sites. The trademarks, logos and service marks (the "Marks") displayed on the Sporty's Sites are owned by Sporty's or third parties. You are prohibited from use of those Marks without the express, written permission of Sporty's or such third party. If you would like information about obtaining Sporty's permission to use the Content on your website or otherwise, email to:  support@sportys.com.

 

End User License — Software/Streaming

 

To the extent that we offer software on a Sporty's Site and you use such material, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you only for your personal, noncommercial home use as an end user. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

 

Similarly, we offer aviation education materials only for individuals' personal, noncommercial home use as end users. We do not transfer title to the course material. A user may not distribute or otherwise exploit such material. It may only be used for the personal aviation education of individuals. 

 

Warranties

 

Sporty's intends for the information and data contained on Sporty's Sites and in Sporty’s software to be accurate and reliable. You expressly agree that your use of Sporty's Sites and any information contained therein is at your sole risk.

 

SPORTY'S DOES NOT WARRANT THAT SPORTY'S SITES WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES SPORTY'S MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF SPORTY'S SITES.  SPORTY'S SITES' CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED.  SPORTY'S SITES AND SPORTY'S SITES' CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SPORTY'S EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE WITH RESPECT TO SPORTY'S SITES, OR ANY OF THEIR CONTENT.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SPORTY'S SITES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA SPORTY'S SITES IS ASSUMED SOLELY BY YOU. 

 

UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE HEREIN, SPORTY'S ALSO HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.  SPORTY'S SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; OR (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, SPORTY'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. In New Jersey, this limitation of liability does not apply to intentional or reckless acts or gross negligence on the part of Sporty's. Some other jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

 

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.

 

General Information

 

These Terms of Use set forth the entire Agreement between you and Sporty's with respect to use of Sporty's Sites and the subject matter hereof.  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, balance of shall continue to be fully valid, binding, and enforceable. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. 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 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.

 

Sporty’s Apps/Supplementary Terms and Conditions

 

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's 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@sportys.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 any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.

 

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 sportys.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 the 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.

 

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.

 

Sporty's Gift Card Terms and Conditions

 

The following terms and conditions (the "Gift Card Terms") apply to any Sporty's Gift Card originally purchased by you or someone on your behalf (the "Gift Card"). Gift Cards issued by Sporty's have a specific Gift Card number. By purchasing a Gift Card, accepting, retaining, or using a Gift Card, you agree to these Gift Card Terms and Conditions. Gift Cards may be issued as either a physical card or as an eCard purchased online. Gift Cards do not expire, are issued and are valid only in U. S. dollars, and may be used with any of Sporty's products. Gift cards are not issued in amounts in excess of $500. Gift Cards cannot be used to purchase other Gift Cards, are not redeemable for cash, and cannot be returned for a cash refund, except to the extent required by law. Gift Card orders cannot be cancelled, updated or refunded. Sporty's eCards may not be redeemable for up to one business day. Use of a Gift Card is limited to the amount of funds held on the Gift Card. The full amount of each purchase will be deducted from the funds held on the Gift Card, up to the total funds available on the Gift Card. Any unused balance will remain on the Gift Card.  If you make a purchase and there are insufficient funds held on the Gift Card to cover that purchase, you must pay the difference by a valid credit or debit card or other means of acceptable payment.

 

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser. We are not responsible for and will not replace lost or stolen Gift Cards. Protect your Gift Card as if it were cash and safeguard the Gift Card from unauthorized use. You may log in to your Sporty's Account to review the redemption status of your Gift Cards, or send an email to:  support@sportys.com. 

 

Sporty's reserves the right to change these Gift Card Terms from time to time in its discretion. Such revised terms will be effective as to any Gift Cards purchased after the date said revised Terms are posted to Sporty's Sites. Resale of a Gift Card or use for unauthorized advertising, marketing or other promotional purposes is strictly prohibited. Your right to use the funds on the Gift Card is a limited right, subject to these Terms and applicable law.  If we suspect any fraud or misuse in connection with a Gift Card, we reserve the right in our discretion to suspend or terminate use of the Gift Card. The consideration paid for a Gift Card, including any unredeemed balance, is the property of Sporty's.  

 

Questions

 

If you have questions, comments, or complaints about these Terms or Sporty's Sites, please contact us at support@sportys.com.

 

Violations

 

Please report any violations of these Terms of Use to Sporty's by email to:  legaldepartment@sportys.com.

 

Last Revised: November 4, 2022

Sporty's Terms of Use and 

End User License Agreement


Welcome to the Internet websites of Sportsman's Market, Inc. "Sporty's Sites" and its subsidiaries (collectively "Sporty's"). Sporty's Sites include sites of Sporty's Academy, Inc., Eastern Cincinnati Aviation, Inc. and other Internet sites on which these Terms of Use are posted. Sporty's is sometimes referred to herein as "we," "us" or "our." 

All orders for Sporty's products and services are subject to compliance with these Terms of Use.


Introduction


PLEASE READ THESE TERMS OF USE CAREFULLY.  


These Terms and Conditions of Use ("Terms of Use" or "Terms") constitute an agreement between Sporty's and you. You may print out a copy of these Terms of Use for your records. 


By using any of Sporty's Sites you affirm that you are able and legally competent to, and agree to, comply with these Terms of Use. You agree not to interfere with or interrupt, or attempt to interfere with or interrupt the operation of Sporty's Sites in any way. If you do not agree to these Terms of Use, or if you are not legally competent to agree to them, then you may not use Sporty's Sites. 


YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sporty's Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites. 


To comply with the Children's Online Privacy Protection Act, Sporty’s will never knowingly or intentionally collect any personal information about children under the age of 13. If Sporty’s obtains actual knowledge that Sporty’s has collected personal information about a child under the age of 13, Sporty’s will immediately delete that information. Because Sporty’s does not knowingly or intentionally collect such information, to the best of Sporty’s knowledge and belief, Sporty’s has no such information to use or to disclose to a third party.


IF YOU ARE A PARENT OR GUARDIAN OF A TEENAGER (UNDER THE AGE OF 18) THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITES. 


Please note that these Terms of Use contain provisions that govern the resolution of claims between Sporty's and you. Please see the Legal Disputes section below for details. 


Sporty's may modify these Terms of Use and its Privacy Policy at any time by updating this posting. You are bound by any such modification.  We notify you of any change to these Terms of Use by updating the "Last Revised" date at the top of this webpage. Your continued use of the Sporty's Sites after a modification signifies your agreement to the modification.  


If any one or more of the covenants, agreements, or provisions of these Terms shall be held invalid for any reason, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of these Terms and shall in no way affect the validity or enforceability of the other provisions of these Terms. 


Special terms might apply to some services or features offered on certain Sporty's Sites.  These special terms are posted in connection with the applicable service or feature. Any such special terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use. 


These Terms set forth your and our entire understanding relating to the subject matter hereof, and any prior understandings, written or oral, are superseded by these Terms. All terms set forth herein are applicable to the extent permitted by law.


Placing an Order and Acceptance; promotional emails, text messages, and telephone numbers


Sporty's does not require any consent as a condition to purchasing any goods or services. After placing an order with Sporty's your receipt of an order number or an email confirmation does not constitute the acceptance of the order or confirmation of an offer to sell. 


When you place an order using Sporty's Sites you will need to provide address and other information to identify you including 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. 


Without prior notification Sporty's reserves the right to limit the order quantity on any item and to refuse services to any customer. Verification of information may also be required prior to acceptance of an order. If there is a question about your order, we will try to contact you. 


Prices and availability on Sporty's Sites are subject to change without notice. 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 reserves the right, at its sole discretion, to refuse or to cancel any order for any reason. Sporty's does not charge a credit or debit card until an order ships except, if PayPal, a direct account deduction, or credit service is used, charges will be made at the time the order is placed.  We are not responsible for pricing, typographical or other errors in any offer, and reserve the right to cancel any orders resulting from such errors. 


At the time you place an order you are certifying that you are 18 years of age or older. You are will be agreeing to receive promotional email and asked if you wish to receive text messages from Sporty's. When you subsequently receive solicitation emails they will each offer an "unsubscribe" link to be used if you wish to not receive further email messages. If we receive a text response to Sporty’s promotional and personal marketing text (e.g., SMS and MMS) messages that has the word "stop" Sporty’s will stop sending you text message solicitations.


Creating an Account


When placing an order with Sporty's you may create an account with your email address and a unique password as your identifying information.  Although you don't need an account to complete an order, it will speed up the checkout process during future visits.

 

The username for your account will be the email address you used for your account. If you forget your password, you can log in to your account and click the "forgot password" link. 

 

You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.  You are responsible for safeguarding your password and you shall not allow friends, family, business associates or other persons access to, or to use your username or password.  

You can review, modify, or delete personal information you have provided Sporty’s with your Account.


You are responsible for maintaining the confidentiality of  your password and account. Sporty's shall not be responsible in the event that your password is misappropriated by a third party. You also agree to notify us promptly of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Sporty's Sites. Your account may also be restricted or terminated for any reason, at Sporty's sole discretion. 


Communications with Sporty's

For communications made to or with Sporty's, including but not limited to feedback, questions, comments, suggestions and the like:  (i) you will have no right to confidentiality in your communications and Sporty's will have no obligation to protect your communications from disclosure; (ii) Sporty's will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Sporty's will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information. 


Sporty’s may provide occasional opportunities for the user to receive particular offers for products or services, or it may request that the user complete surveys or other means by which the user voluntarily provides Sporty’s with personal information. These opt in requests may ask for the user’s contact or shipping information, pilot certificate, or other data that may be retained by Sporty’s and used to both communicate with the user and enhance the user’s experience with Sporty's services. These types of communications and offers may be managed by Sporty’s directly or by a third party. Any uses of the user’s data by any such third party will be governed in accordance with these Terms and any additional terms that might appear in the material the user receives. 


Sporty's also uses third parties to improve its ability to identify visitors to Sporty's Sites. Sporty's may provide identifiers to these third parties such as the user's IP addresses, cookies, and hashed versions of email addresses captured from a visit. Sporty's and the third parties may use this data to obtain information about Sporty's users and to allow others to reach out to them using postal mail. You have the right to opt out of this activity either with an email to support@sportys.com, or by postal mail as set forth in the "Notices" section below. 


Termination 


In addition to any other rights, either you or Sporty's may cancel or terminate this Agreement at any time.  Sporty's also reserves an unlimited right to restrict, suspend or terminate your access to Sporty's Sites, in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms of Use.  


You agree that any termination of your access to Sporty's Sites may be affected without prior notice and you acknowledge and agree that Sporty's may bar further access to Sporty's Sites. Further, you agree that Sporty's will not be liable to you or any third party for any termination of access to Sporty's Sites. 


The provisions of the User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive a termination, will survive any termination of these Terms of Use. 


Cookies


We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. Cookies may improve services for you through, for example:


Enabling the functionality of some specific services like payment which will not work without those cookies
Enabling a service to recognize your device so you don't have to give the same information several times during one task
Recognizing that you may already have given a username and password when logged in to Sporty's Sites so you don't need to do it for every web page requested
Measuring how many people are using services, so they can be made easier to use and to ensure that there's enough capacity to ensure they are fast
Analyzing data to help us understand how you use online services so we can improve them


If you choose not to use cookies during your visit, you should be aware that certain functions and pages will not work as expected. As an example, you may not be able to use the wish list feature.

 

Promotional emails, text messages, and telephone numbers


Sporty's does not require any consent as a condition to purchasing any goods or services. 


When you place an order using Sporty's Sites you will need to provide address and other information to identify you including your email address and a telephone number. At that time you are also agreeing to receive promotional email messages from Sporty's and are certifying that you are 18 years of age or older. 


When you subsequently receive solicitation emails they will each offer an "unsubscribe" link to use if you wish to not receive further email messages.  


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. After Sporty's has received an individual's consent Sporty's may send promotional and personal marketing text (e.g., SMS and MMS) messages. If Sporty's receives a text response with the word "stop" it will stop sending you text message solicitations.   


Privacy & Security 

Sporty's takes your privacy very seriously. Please review our Privacy Policy, which is incorporated into these Terms of Use below.  It also governs your use of Sporty's Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern. 

Security is important to Sporty's. We have established appropriate physical, electronic and managerial safeguards to protect the limited information we collect from or about our users. Sporty's does, however, reserve the right at all times to disclose information as Sporty's deems necessary to satisfy any applicable law, regulation, legal process or governmental request. 


Sporty's exchanges limited customer information with other reputable merchants including, customer names and addresses, and may purchase or rent such information for the purpose of soliciting purchases by mail, normally for a one-time use.  Email addresses and telephone numbers are not included in any such exchange or rental. We also share information about your use of our site with our social media, advertising and analytics partners. 


If you wish that your information not be included in any such exchange, rental or sale, please notify us by contacting support@sportys.com, or telephone to 513-735-9000. We do use opt-out information, but solely to comply with opt-out requests.


Sporty's does solicit purchases by email (not by telephone), however each such email has an "unsubscribe" link to allow you to avoid receiving future such emails. Also, if you give Sporty's prior consent Sporty's may provide you with promotional and personal marketing text (e.g., SMS and MMS) messages. 


Sporty’s Privacy Policy:


For over fifty years our philosophy has been to earn and keep our customers’ trust and to provide the best service and customer satisfaction in the retail industry. Because of this philosophy, we treat the information you provide us in confidence. Sporty’s consistently works to improve Sporty’s security measures. However, no security system is foolproof and Sporty’s cannot guarantee the security of the user’s information.

When you visit Sporty's Sites, our web server will recognize your Internet service provider. This collection of visitor information allows us to make our site work better for you. Your name and address are stored on our web server so it is available when you log in to your account with your user name and password.

When ordering or requesting a catalog, customers provide Sporty’s with certain information such as name, physical and email address, telephone number, credit card number, etc. This information is necessary to process an order. A customer’s telephone number is used when we have a question about the order. It may also be used by a delivery service if there is a question about delivery. For its own use and for your future transactions Sporty’s retains information about its customers.

We send customers periodic catalog mailings and send emails announcing items we believe may be of interest to them. We also make our mailing list (name and address only, not our email list or telephone numbers) available to a few reputable, carefully screened companies whose products you may find of interest. You may opt-out of catalog mailings and/or our transfer of mailing lists to other companies.  You may also access the information we have about you and make corrections or deletions it if it is inaccurate. We also receive mailing list information from other companies. 

Personal information is released to law enforcement agencies if requested or if there is a court order. Please let us know by email or telephone if you do not wish us to disclose your mailing list information, which includes some personal information, to any third parties.

We expect to continue to earn your trust for at least another fifty years.

You can always contact our customer service department at support@sportys.com to discuss our privacy policy, to change your account information, or to have your information removed from our Sites.


Product Reviews 


Customers may review and comment on Sporty's products and the reviews may be published on Sporty's Sites.  Sporty's will not be responsible for any derogatory customer comments which are published.  


Outages 


Sporty's periodically schedules system downtime for Sporty's Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Sporty's has no responsibility and is not liable for: (a) the unavailability of any of Sporty's Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of Sporty's Sites, any Internet service providers or otherwise. 


Notices


Notices by Sporty's to you may be given by means of email or other reasonable means of Sporty's choosing.  Notices (including questions, complaints, or legal notices) by you may be given by electronic message to support@sportys.com, or postal mail or courier to: 


Sportsman's Market, Inc.
2001 Sportys Drive
Batavia, Ohio 45103
513/735-9000.


Notice to California Residents 


California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, glassware, ceramics, and electrical cords. Please call prior to ordering if you have any questions regarding the safety of these products. 

Pursuant to California Civil Code Section 1789.3, Sporty's provides users of Sporty's Sites with the following notice:  "You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210". 

The California Consumer Privacy Act ("CCPA") gives residents of the state of California the right to prevent businesses from selling (or otherwise transferring) their personal information. This right is subject to certain exemptions. For example, it does not apply to information that we share with certain third-party service providers so that they can perform business functions for us or on our behalf. 

In accordance with the CCPA, California residents may opt out of any future exchange, rental, or sale of their personal information or record a preference that Sporty's not rent, sell, or otherwise transfer their data in the future, by an email notification to:  support@sportys.com

Alternatively, you may contact us via postal mail at the following address:

Sporty's

Attn:  Customer Service

2001 Sportys Drive

Batavia, OH  45103


Disclaimer of Warranties 


Sporty's intends for the information and data contained on Sporty's Sites to be accurate and reliable. You expressly agree that your use of Sporty's Sites and any information contained therein is at your sole risk. 


SPORTY'S DOES NOT WARRANT THAT SPORTY'S SITES WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES SPORTY'S MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF SPORTY'S SITES.  SPORTY'S SITES' CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED.  SPORTY'S SITES AND SPORTY'S SITES' CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SPORTY'S EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE WITH RESPECT TO SPORTY'S SITES, OR ANY OF THEIR CONTENT.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SPORTY'S SITES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA SPORTY'S SITES IS ASSUMED SOLELY BY YOU.  


Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you. 


Limitation of Liability 


IN NO EVENT WILL SPORTY'S OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR TO SPORTY'S SITES OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF SPORTY'S SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE SPORTY'S SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SPORTY'S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. 


You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through Sporty's Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Sporty's is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100. 


Indemnity 


You agree to indemnify and hold Sporty's harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party if the claim or demand is due to or arise out of your violation of these Terms of Use. 


Legal Disputes 


Any dispute between you and Sporty's, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, "Sporty's") arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Sporty's will provide such notice by e-mail to your e-mail address on file with Sporty's and you must provide such notice by e-mail to legaldepartment@sportys.com.  


During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Sporty's and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Sporty's, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms of Use, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Sporty's and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Sporty's nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action, and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Ohio without regard to conflict of laws principles.  You hereby consent to the exclusive jurisdiction and venue of the courts in Clermont County, Ohio, USA in any and all claims or disputes to enforce, construe, or otherwise relating to these Terms of Use or the use of Sporty's Sites.


YOU AND SPORTY'S AGREE 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, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. 


Jurisdictional Issues/Governing Law/Forum Selection


Sporty's Sites are operated by Sporty's from its offices in Batavia, Ohio, USA. Sporty's Sites are intended for users who reside in the United States of America. Sporty's makes no representations or warranties that Sporty's Sites or any materials contained therein are valid, appropriate or available for use outside of the United States. If you access and use Sporty's Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Sporty's reserves the right to limit the availability of Sporty's Sites and the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in its sole discretion. Any software on Sporty's Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from Sporty's Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 


Force Majeure 


Sporty's shall not have any liability to you by reason of any delay or failure to perform if the delay or failure to perform is occasioned by any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, action or inaction of any Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.  


Use of Content─Trademarks/Copyrights


The content contained on Sporty's Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Sporty's and/or its affiliates or by third parties that have licensed their Content to Sporty's. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a Sporty's Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Sporty's, and (c) you may not use the Content in a manner that suggests an association with any of Sporty's products, services or brands.

Without the prior written permission of Sporty's you may not use any material contained on any Sporty's Sites. The trademarks, logos and service marks (the "Marks") displayed on the Sporty's Sites are owned by Sporty's or third parties. You are prohibited from use of those Marks without the express, written permission of Sporty's or such third party. If you would like information about obtaining Sporty's permission to use the Content on your website or otherwise, email to:  support@sportys.com


End User License — Software/Streaming


To the extent that we offer software on a Sporty's Site and you use such material, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you only for your personal, noncommercial home use as an end user. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. 


Similarly, we offer aviation education materials only for individuals' personal, noncommercial home use as end users. We do not transfer title to the course material. A user may not distribute or otherwise exploit such material. It may only be used for the personal aviation education of individuals.  

  


UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, SPORTY'S HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.  SPORTY'S SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; OR (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, SPORTY'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. In New Jersey, this limitation of liability does not apply to intentional or reckless acts or gross negligence on the part of Sporty's.


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. 


General Information 


These Terms of Use set forth the entire Agreement between you and Sporty's with respect to use of Sporty's Sites and the subject matter hereof.  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, balance of shall continue to be fully valid, binding, and enforceable. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. 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 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. 


Sporty’s Apps/Supplementary Terms and Conditions


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's 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@sportys.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 any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.


Sporty's Gift Card Terms and Conditions


The following terms and conditions (the "Gift Card Terms") apply to any Sporty's Gift Card originally purchased by you or someone on your behalf (the "Gift Card"). Gift Cards issued by Sporty's have a specific Gift Card number. By purchasing a Gift Card, accepting, retaining, or using a Gift Card, you agree to these Gift Card Terms and Conditions. Gift Cards may be issued as either a physical card or as an eCard purchased online. Gift Cards do not expire, are issued and are valid only in U. S. dollars, and may be used with any of Sporty's products.  Gift Cards cannot be used to purchase other Gift Cards, are not redeemable for cash, and cannot be returned for a cash refund, except to the extent required by law. Gift Card orders cannot be cancelled, updated or refunded. Sporty's eCards may not be redeemable for up to one business day. Use of a Gift Card is limited to the amount of funds held on the Gift Card. The full amount of each purchase will be deducted from the funds held on the Gift Card, up to the total funds available on the Gift Card. Any unused balance will remain on the Gift Card.  If you make a purchase and there are insufficient funds held on the Gift Card to cover that purchase, you must pay the difference by a valid credit or debit card or other means of acceptable payment.


The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser. We are not responsible for and will not replace lost or stolen Gift Cards. Protect your Gift Card as if it were cash and safeguard the Gift Card from unauthorized use. You may log in to your Sporty's Account to review the redemption status of your Gift Cards, or send an email to:  support@sportys.com.  


Sporty's reserves the right to change these Gift Card Terms from time to time in its discretion. Such revised terms will be effective as to any Gift Cards purchased after the date said revised Terms are posted to Sporty's Sites. Resale of a Gift Card or use for unauthorized advertising, marketing or other promotional purposes is strictly prohibited. Your right to use the funds on the Gift Card is a limited right, subject to these Terms and applicable law.  If we suspect any fraud or misuse in connection with a Gift Card, we reserve the right in our discretion to suspend or terminate use of the Gift Card. The consideration paid for a Gift Card, including any unredeemed balance, is the property of the Sporty's.  


Questions


If you have questions, comments, or complaints about these Terms or Sporty's Sites, please contact us at support@sportys.com.


Violations 


Please report any violations of these Terms of Use to Sporty's by email to:  legaldepartment@sportys.com

Sporty's Terms of Use and

End User License Agreement

Last Revised 08-20-2021

Welcome to the Internet websites of Sportsman's Market, Inc. "Sporty's Sites" and its subsidiaries (collectively "Sporty's"). Sporty's Sites include sites of Sporty's Academy, Inc., Eastern Cincinnati Aviation, Inc. and other Internet sites on which these Terms of Use are posted. Sporty's is sometimes referred to herein as "we," "us" or "our."

All orders for Sporty's products and services are subject to compliance with these Terms of Use.

 

Introduction

PLEASE READ THESE TERMS OF USE CAREFULLY. 

 

These Terms and Conditions of Use ("Terms of Use" or "Terms") constitute an agreement between Sporty's and you. You may print out a copy of these Terms of Use for your records.

 

By using any of Sporty's Sites you affirm that you are able and legally competent to, and agree to, comply with these Terms of Use. You agree not to interfere with or interrupt, or attempt to interfere with or interrupt the operation of Sporty's Sites in any way. If you do not agree to these Terms of Use, or if you are not legally competent to agree to them, then you may not use Sporty's Sites.

 

YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sporty's Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.

 

To comply with the Children's Online Privacy Protection Act, Sporty’s will never knowingly or intentionally collect any personal information about children under the age of 13. If Sporty’s obtains actual knowledge that Sporty’s has collected personal information about a child under the age of 13, Sporty’s will immediately delete that information. Because Sporty’s does not knowingly or intentionally collect such information, to the best of Sporty’s knowledge and belief, Sporty’s has no such information to use or to disclose to a third party.

 

IF YOU ARE A PARENT OR GUARDIAN OF A TEENAGER (UNDER THE AGE OF 18) THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITES.

 

Please note that these Terms of Use contain provisions that govern the resolution of claims between Sporty's and you. Please see the Legal Disputes section below for details.

 

Sporty's may modify these Terms of Use and its Privacy Policy at any time by updating this posting. You are bound by any such modification.  We notify you of any change to these Terms of Use by updating the "Last Revised" date at the top of this webpage. Your continued use of the Sporty's Sites after a modification signifies your agreement to the modification. 

 

If any one or more of the covenants, agreements, or provisions of these Terms shall be held invalid for any reason, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of these Terms and shall in no way affect the validity or enforceability of the other provisions of these Terms.

 

Special terms might apply to some services or features offered on certain Sporty's Sites.  These special terms are posted in connection with the applicable service or feature. Any such special terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

 

These Terms set forth your and our entire understanding relating to the subject matter hereof, and any prior understandings, written or oral, are superseded by these Terms. All terms set forth herein are applicable to the extent permitted by law.

 

Placing an Order and Acceptance

After placing an order with Sporty's your receipt of an order number or an email confirmation does not constitute the acceptance of the order or confirmation of an offer to sell. Sporty's reserves the right, without prior notification, to limit the order quantity on any item and to refuse services to any customer. Verification of information may also be required prior to acceptance of an order. If there is a question about your order we will try to contact you. Prices and availability on Sporty's Sites are subject to change without notice. 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 reserves the right, at its sole discretion, to refuse or to cancel any order for any reason. Sporty's does not charge a credit or debit card until an order ships except, if PayPal, a direct account deduction, or credit service  is used, charges will be made at the time the order is placed.  We are not responsible for pricing, typographical or other errors in any offer, and reserve the right to cancel any orders resulting from such errors.

 

Creating an Account

When placing an order with Sporty's you may create an account with your email address and a unique password as your identifying information.  Although you don't need an account to complete an order, it will speed up the checkout process during future visits.

 

The username for your account will be the email address you used for your account. If you forget your password, you can log in to your account and click the "forgot password" link.

 

You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.  You are responsible for safeguarding your password and you shall not allow friends, family, business associates or other persons access to, or to use your username or password. 

You can review, modify, or delete personal information you have provided Sporty’s with your Account.

 

Sporty's shall not be responsible in the event that your password is misappropriated by a third party. You also agree to notify us promptly of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Sporty's Sites. Your account may also be restricted or terminated for any reason, at Sporty's sole discretion.

 

Communications with Sporty's

For communications made to or with Sporty's, including but not limited to feedback, questions, comments, suggestions and the like:  (i) you will have no right to confidentiality in your communications and Sporty's will have no obligation to protect your communications from disclosure; (ii) Sporty's will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Sporty's will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

 

Sporty’s may provide occasional opportunities for the user to receive particular offers for products or services, or it may request that the user complete surveys or other means by which the user voluntarily provides Sporty’s with personal information. These opt in requests may ask for the user’s contact or shipping information, pilot certificate, or other data that may be retained by Sporty’s and used to both communicate with the user and enhance the user’s experience with Sporty's services. These types of communications and offers may be managed by Sporty’s directly or by a third party. Any uses of the user’s data by any such third party will be governed in accordance with these Terms and any additional terms that might appear in the material the user receives.

 

Sporty's also uses third parties to improve its ability to identify visitors to Sporty's Sites. Sporty's may provide identifiers to these third parties such as the user's IP addresses, cookies, and hashed versions of email addresses captured from a visit. Sporty's and the third parties may use this data to obtain information about Sporty's users and to allow others to reach out to them using postal mail. You have the right to opt out of this activity either with an email to support@sportys.com. , or by postal mail as set forth in the "Notices" section below.

 

Termination 

In addition to any other rights, either you or Sporty's may cancel or terminate this Agreement at any time.  Sporty's also reserves an unlimited right to restrict, suspend or terminate your access to Sporty's Sites, in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms of Use. 

 

You agree that any termination of your access to Sporty's Sites may be affected without prior notice and you acknowledge and agree that Sporty's may bar further access to Sporty's Sites. Further, you agree that Sporty's will not be liable to you or any third party for any termination of access to Sporty's Sites.

 

The provisions of the User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive a termination, will survive any termination of these Terms of Use.

 

Cookies

We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. Cookies may improve services for you through, for example:

 

  • Enabling the functionality of some specific services like payment which will not work without those cookies
  • Enabling a service to recognize your device so you don't have to give the same information several times during one task
  • Recognizing that you may already have given a username and password when logged in to Sporty's Sites so you don't need to do it for every web page requested
  • Measuring how many people are using services, so they can be made easier to use and to ensure that there's enough capacity to ensure they are fast
  • Analyzing data to help us understand how you use online services so we can improve them

If you choose not to use cookies during your visit, you should be aware that certain functions and pages will not work as expected. As an example, you may not be able to use the wish list feature.

 

Promotional emails, text messages, and telephone numbers

Sporty's does not require any consent as a condition to purchasing any goods or services.

 

When you place an order using Sporty's Sites you will need to provide address and other information to identify you including your email address and a telephone number. At that time you are also agreeing to receive promotional email messages from Sporty's and are certifying that you are 18 years of age or older.

 

When you subsequently receive solicitation emails they will each offer an "unsubscribe" link to use if you wish to not receive further email messages. 

 

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. After Sporty's has received an individual's consent Sporty's may send promotional and personal marketing text (e.g., SMS and MMS) messages. If Sporty's receives a text response with the word "stop" it will stop sending you text message solicitations.  

 

Privacy & Security

Sporty's takes your privacy very seriously. Please review our Privacy Policy, which is incorporated into these Terms of Use below.  It also governs your use of Sporty's Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Security is important to Sporty's. We have established appropriate physical, electronic and managerial safeguards to protect the limited information we collect from or about our users. Sporty's does, however, reserve the right at all times to disclose information as Sporty's deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

Sporty's exchanges limited customer information with other reputable merchants including, customer names and addresses, and may purchase or rent such information for the purpose of soliciting purchases by mail, normally for a one-time use.  Email addresses and telephone numbers are not included in any such exchange or rental. We also share information about your use of our site with our social media, advertising and analytics partners.

 

If you wish that your information not be included in any such exchange, rental or sale, please notify us by contacting support@sportys.com. , or telephone to 513-735-9000. We do use opt-out information, but solely to comply with opt-out requests.

 

Sporty's does solicit purchases by email (not by telephone), however each such email has an "unsubscribe" link to allow you to avoid receiving future such emails. Also, if you give Sporty's prior consent Sporty's may provide you with promotional and personal marketing text (e.g., SMS and MMS) messages.

 

Sporty’s Privacy Policy:

 

For over fifty years our philosophy has been to earn and keep our customers’ trust and to provide the best service and customer satisfaction in the retail industry. Because of this philosophy, we treat the information you provide us in confidence. Sporty’s consistently works to improve Sporty’s security measures. However, no security system is foolproof and Sporty’s cannot guarantee the security of the user’s information.

When you visit Sporty's Sites, our web server will recognize your Internet service provider. This collection of visitor information allows us to make our site work better for you. Your name and address are stored on our web server so it is available when you log in to your account with your user name and password.

When ordering or requesting a catalog, customers provide Sporty’s with certain information such as name, physical and email address, telephone number, credit card number, etc. This information is necessary to process an order. A customer’s telephone number is used when we have a question about the order. It may also be used by a delivery service if there is a question about delivery. For its own use and for your future transactions Sporty’s retains information about its customers.

We send customers periodic catalog mailings and send emails announcing items we believe may be of interest to them. We also make our mailing list (name and address only, not our email list or telephone numbers) available to a few reputable, carefully screened companies whose products you may find of interest. You may opt-out of catalog mailings and/or our transfer of mailing lists to other companies.  You may also access the information we have about you and make corrections or deletions it if it is inaccurate. We also receive mailing list information from other companies. 

Personal information is released to law enforcement agencies if requested or if there is a court order. Please let us know by email or telephone if you do not wish us to disclose your mailing list information, which includes some personal information, to any third parties.

We expect to continue to earn your trust for at least another fifty years.

You can always contact our customer service department at support@sportys.com to discuss our privacy policy, to change your account information, or to have your information removed from our Sites.

 

Product Reviews

Customers may review and comment on Sporty's products and the reviews may be published on Sporty's Sites.  Sporty's will not be responsible for any derogatory customer comments which are published. 

 

Outages

Sporty's periodically schedules system downtime for Sporty's Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Sporty's has no responsibility and is not liable for: (a) the unavailability of any of Sporty's Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of Sporty's Sites, any Internet service providers or otherwise.

 

Notices

Notices by Sporty's to you may be given by means of email or other reasonable means of Sporty's choosing.  Notices (including questions, complaints, or legal notices) by you may be given by electronic message to support@sportys.com. , or postal mail or courier to:

 

Sportsman's Market, Inc.
2001 Sportys Drive
Batavia, Ohio 45103
513/735-9000.

 

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, glassware, ceramics, and electrical cords. Please call prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, Sporty's provides users of Sporty's Sites with the following notice:  "You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210".

The California Consumer Privacy Act ("CCPA") gives residents of the state of California the right to prevent businesses from selling (or otherwise transferring) their personal information. This right is subject to certain exemptions. For example, it does not apply to information that we share with certain third-party service providers so that they can perform business functions for us or on our behalf.

In accordance with the CCPA, California residents may opt out of any future exchange, rental, or sale of their personal information or record a preference that Sporty's not rent, sell, or otherwise transfer their data in the future, by an email notification to support@sportys.com.

Alternatively, you may contact us via postal mail at the following address:

Sporty's

Attn:  Customer Service

2001 Sportys Drive

Batavia, OH  45103

 

Disclaimer of Warranties 

Sporty's intends for the information and data contained on Sporty's Sites to be accurate and reliable. You expressly agree that your use of Sporty's Sites and any information contained therein is at your sole risk.

 

SPORTY'S DOES NOT WARRANT THAT SPORTY'S SITES WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES SPORTY'S MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF SPORTY'S SITES.  SPORTY'S SITES' CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED.  SPORTY'S SITES AND SPORTY'S SITES' CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SPORTY'S EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE WITH RESPECT TO SPORTY'S SITES, OR ANY OF THEIR CONTENT.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SPORTY'S SITES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA SPORTY'S SITES IS ASSUMED SOLELY BY YOU. 

 

Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

 

Limitation of Liability

IN NO EVENT WILL SPORTY'S OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR TO SPORTY'S SITES OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF SPORTY'S SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE SPORTY'S SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SPORTY'S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through Sporty's Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Sporty's is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

 

Indemnity

You agree to indemnify and hold Sporty's harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party if the claim or demand is due to or arise out of your violation of these Terms of Use.

 

Legal Disputes

Any dispute between you and Sporty's, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, "Sporty's") arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Sporty's will provide such notice by e-mail to your e-mail address on file with Sporty's and you must provide such notice by e-mail to legaldepartment@sportys.com.  

 

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Sporty's and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Sporty's, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms of Use, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Sporty's and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Sporty's nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action, and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Ohio without regard to conflict of laws principles.  You hereby consent to the exclusive jurisdiction and venue of the courts in Clermont County, Ohio, USA in any and all claims or disputes to enforce, construe, or otherwise relating to these Terms of Use or the use of Sporty's Sites.

 

YOU AND SPORTY'S AGREE 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, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

 

Jurisdictional Issues/Governing Law/Forum Selection 

Sporty's Sites are operated by Sporty's from its offices in Batavia, Ohio, USA. Sporty's Sites are intended for users who reside in the United States of America. Sporty's makes no representations or warranties that Sporty's Sites or any materials contained therein are valid, appropriate or available for use outside of the United States. If you access and use Sporty's Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Sporty's reserves the right to limit the availability of Sporty's Sites and the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in its sole discretion. Any software on Sporty's Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from Sporty's Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Force Majeure

Sporty's shall not have any liability to you by reason of any delay or failure to perform if the delay or failure to perform is occasioned by any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, action or inaction of any Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control. 

 

Use of Content─Trademarks/Copyrights

The content contained on Sporty's Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Sporty's and/or its affiliates or by third parties that have licensed their Content to Sporty's. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a Sporty's Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Sporty's, and (c) you may not use the Content in a manner that suggests an association with any of Sporty's products, services or brands.

Without the prior written permission of Sporty's you may not use any material contained on any Sporty's Sites. The trademarks, logos and service marks (the "Marks") displayed on the Sporty's Sites are owned by Sporty's or third parties. You are prohibited from use of those Marks without the express, written permission of Sporty's or such third party. If you would like information about obtaining Sporty's permission to use the Content on your website or otherwise, email to support@sportys.com.

 

End User License — Software/Streaming 

To the extent that we offer software on a Sporty's Site and you use such material, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you only for your personal, noncommercial home use as an end user. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

 

Similarly, we offer aviation education materials only for individuals' personal, noncommercial home use as end users. We do not transfer title to the course material. A user may not distribute or otherwise exploit such material. It may only be used for the personal aviation education of individuals. 

 

 

UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, SPORTY'S HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.  SPORTY'S SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; OR (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, SPORTY'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. In New Jersey, this limitation of liability does not apply to intentional or reckless acts or gross negligence on the part of Sporty's.

 

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.

 

General Information

These Terms of Use set forth the entire Agreement between you and Sporty's with respect to use of Sporty's Sites and the subject matter hereof.  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, balance of shall continue to be fully valid, binding, and enforceable. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. 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 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.

 

Sporty’s Apps/Supplementary Terms and Conditions

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's 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@sportys.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 any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.

 

Sporty's Gift Card Terms and Conditions

The following terms and conditions (the "Gift Card Terms") apply to any Sporty's Gift Card originally purchased by you or someone on your behalf (the "Gift Card"). Gift Cards issued by Sporty's have a specific Gift Card number. By purchasing a Gift Card, accepting, retaining, or using a Gift Card, you agree to these Gift Card Terms and Conditions. Gift Cards may be issued as either a physical card or as an eCard purchased online. Gift Cards do not expire, are issued and are valid only in U. S. dollars, and may be used with any of Sporty's products.  Gift Cards cannot be used to purchase other Gift Cards, are not redeemable for cash, and cannot be returned for a cash refund, except to the extent required by law. Gift Card orders cannot be cancelled, updated or refunded. Sporty's eCards may not be redeemable for up to one business day. Use of a Gift Card is limited to the amount of funds held on the Gift Card. The full amount of each purchase will be deducted from the funds held on the Gift Card, up to the total funds available on the Gift Card. Any unused balance will remain on the Gift Card.  If you make a purchase and there are insufficient funds held on the Gift Card to cover that purchase, you must pay the difference by a valid credit or debit card or other means of acceptable payment.

 

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser. We are not responsible for and will not replace lost or stolen Gift Cards. Protect your Gift Card as if it were cash and safeguard the Gift Card from unauthorized use. You may log in to your Sporty's Account to review the redemption status of your Gift Cards, or send an email to support@sportys.com.

 

Sporty's reserves the right to change these Gift Card Terms from time to time in its discretion. Such revised terms will be effective as to any Gift Cards purchased after the date said revised Terms are posted to Sporty's Sites. Resale of a Gift Card or use for unauthorized advertising, marketing or other promotional purposes is strictly prohibited. Your right to use the funds on the Gift Card is a limited right, subject to these Terms and applicable law.  If we suspect any fraud or misuse in connection with a Gift Card, we reserve the right in our discretion to suspend or terminate use of the Gift Card. The consideration paid for a Gift Card, including any unredeemed balance, is the property of the Sporty's.  

 

Questions

If you have questions, comments, or complaints about these Terms or Sporty's Sites, please contact us at support@sportys.com.

 

Violations

Please report any violations of these Terms of Use to Sporty's by email to: legaldepartment@sportys.com.

 

 

Sporty's Terms of Use and End User License Agreement

Last Revised 05-07-2021

Welcome to the Internet websites of Sportsman's Market, Inc. "Sporty's Sites" and its subsidiaries (collectively "Sporty's"). Sporty's Sites include sites of Sporty's Academy, Inc., Eastern Cincinnati Aviation, Inc. and other Internet sites on which these Terms of Use are posted. Sporty's is sometimes referred to herein as "we," "us" or "our."

All orders for Sporty's products and services are subject to compliance with these Terms of Use.

Introduction

PLEASE READ THESE TERMS OF USE CAREFULLY. 

These Terms and Conditions of Use ("Terms of Use" or "Terms") constitute an agreement between Sporty's and you. You may print out a copy of these Terms of Use for your records.

By using any of Sporty's Sites you affirm that you are able and legally competent to, and agree to, comply with these Terms of Use. You agree not to interfere with or interrupt, or attempt to interfere with or interrupt the operation of Sporty's Sites in any way. If you do not agree to these Terms of Use, or if you are not legally competent to agree to them, then you may not use Sporty's Sites.

YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sporty's Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.

To comply with the Children's Online Privacy Protection Act, Sporty’s will never knowingly or intentionally collect any personal information about children under the age of 13. If Sporty’s obtains actual knowledge that Sporty’s has collected personal information about a child under the age of 13, Sporty’s will immediately delete that information. Because Sporty’s does not knowingly or intentionally collect such information, to the best of Sporty’s knowledge and belief, Sporty’s has no such information to use or to disclose to a third party.

IF YOU ARE A PARENT OR GUARDIAN OF A TEENAGER (UNDER THE AGE OF 18) THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITES.

Please note that these Terms of Use contain provisions that govern the resolution of claims between Sporty's and you. Please see the Legal Disputes section below for details.

Sporty's may modify these Terms of Use and its Privacy Policy at any time by updating this posting. You are bound by any such modification.  We notify you of any change to these Terms of Use by updating the "Last Revised" date at the top of this webpage. Your continued use of the Sporty's Sites after a modification signifies your agreement to the modification. 

If any one or more of the covenants, agreements, or provisions of these Terms shall be held invalid for any reason, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of these Terms and shall in no way affect the validity or enforceability of the other provisions of these Terms.

Special terms might apply to some services or features offered on certain Sporty's Sites.  These special terms are posted in connection with the applicable service or feature. Any such special terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

These Terms set forth your and our entire understanding relating to the subject matter hereof, and any prior understandings, written or oral, are superseded by these Terms. All terms set forth herein are applicable to the extent permitted by law.

 

Placing an Order and Acceptance

After placing an order with Sporty's your receipt of an order number or an email confirmation does not constitute the acceptance of the order or confirmation of an offer to sell. Sporty's reserves the right, without prior notification, to limit the order quantity on any item and to refuse services to any customer. Verification of information may also be required prior to acceptance of an order. If there is a question about your order we will try to contact you. Prices and availability on Sporty's Sites are subject to change without notice. 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 reserves the right, at its sole discretion, to refuse or to cancel any order for any reason. Sporty's does not charge a credit or debit card until an order ships except, if PayPal, a direct account deduction, or credit service  is used, charges will be made at the time the order is placed.  We are not responsible for pricing, typographical or other errors in any offer, and reserve the right to cancel any orders resulting from such errors.

 

Creating an Account

When placing an order with Sporty's you may create an account with your email address and a unique password as your identifying information.  Although you don't need an account to complete an order, it will speed up the checkout process during future visits.

The username for your account will be the email address you used for your account. If you forget your password, you can log in to your account and click the "forgot password" link.

You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.  You are responsible for safeguarding your password and you shall not allow friends, family, business associates or other persons access to, or to use your username or password. 

You can review, modify, or delete personal information you have provided Sporty’s with your Account.

Sporty's shall not be responsible in the event that your password is misappropriated by a third party. You also agree to notify us promptly of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Sporty's Sites. Your account may also be restricted or terminated for any reason, at Sporty's sole discretion.

 

Sporty's Gift Card Terms and Conditions

The following terms and conditions (the "Gift Card Terms") apply to any Sporty's Gift Card originally purchased by you or someone on your behalf (the "Gift Card"). Gift Cards issued by Sporty's have a specific Gift Card number. By purchasing a Gift Card, accepting, retaining, or using a Gift Card, you agree to these Gift Card Terms and Conditions. Gift Cards may be issued as either a physical card or as an eCard purchased online. Gift Cards do not expire, are issued and are valid only in U. S. dollars, and may be used with any of Sporty's products.  Gift Cards cannot be used to purchase other Gift Cards, are not redeemable for cash, and cannot be returned for a cash refund, except to the extent required by law. Gift Card orders cannot be cancelled, updated or refunded. Sporty's eCards may not be redeemable for up to one business day. Use of a Gift Card is limited to the amount of funds held on the Gift Card. The full amount of each purchase will be deducted from the funds held on the Gift Card, up to the total funds available on the Gift Card. Any unused balance will remain on the Gift Card.  If you make a purchase and there are insufficient funds held on the Gift Card to cover that purchase, you must pay the difference by a valid credit or debit card or other means of acceptable payment.

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser. We are not responsible for and will not replace lost or stolen Gift Cards. Protect your Gift Card as if it were cash and safeguard the Gift Card from unauthorized use. You may log in to your Sporty's Account to review the redemption status of your Gift Cards, or send an email to support@sportys.com.

Sporty's reserves the right to change these Gift Card Terms from time to time in its discretion. Such revised terms will be effective as to any Gift Cards purchased after the date said revised Terms are posted to Sporty's Sites. Resale of a Gift Card or use for unauthorized advertising, marketing or other promotional purposes is strictly prohibited. Your right to use the funds on the Gift Card is a limited right, subject to these Terms and applicable law.  If we suspect any fraud or misuse in connection with a Gift Card, we reserve the right in our discretion to suspend or terminate use of the Gift Card. The consideration paid for a Gift Card, including any unredeemed balance, is the property of the Sporty's.  

 

Promotional emails 

By placing an order using Sporty's Sites you agree to receive promotional email messages. Your consent is not required as a condition of purchasing any goods or services from Sporty's. By your agreement to receive emails from Sporty's you certify that you are 18 years of age or older. Whenever you receive such an email it will offer an "unsubscribe" link you may use if you wish to not receive further email messages. 

 

Information Sporty's Collects

Sporty’s may provide occasional opportunities for the user to receive particular offers for products or services, or it may request that the user complete surveys or other means by which the user voluntarily provides Sporty’s with personal information. These opt in requests may ask for the user’s contact or shipping information, pilot certificate, or other data that may be retained by Sporty’s and used to both communicate with the user and enhance the user’s experience with Sporty's services. These types of communications and offers may be managed by Sporty’s directly or by a third party. Any uses of the user’s data by any such third party will be governed in accordance with these Terms and any additional terms that might appear in the material the user receives.

Sporty's also uses third parties to improve its ability to identify visitors to Sporty's Sites. Sporty's may provide identifiers to these third parties such as the user's IP addresses, cookies, and hashed versions of email addresses captured from a visit. Sporty's and the third parties may use this data to obtain information about Sporty's users and to allow others to reach out to them using postal mail. You have the right to opt out of this activity either with an email to support@sportys.com, or by postal mail as set forth in the "Notices" section below.

 

Communications with Sporty's

For communications made to or with Sporty's, including but not limited to feedback, questions, comments, suggestions and the like:  (i) you will have no right to confidentiality in your communications and Sporty's will have no obligation to protect your communications from disclosure; (ii) Sporty's will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Sporty's will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

 

Termination

In addition to any other rights, either you or Sporty's may cancel or terminate this Agreement at any time.  Sporty's also reserves an unlimited right to restrict, suspend or terminate your access to Sporty's Sites, in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms of Use. 

You agree that any termination of your access to Sporty's Sites may be affected without prior notice and you acknowledge and agree that Sporty's may bar further access to Sporty's Sites. Further, you agree that Sporty's will not be liable to you or any third party for any termination of access to Sporty's Sites.

The provisions of the User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive a termination, will survive any termination of these Terms of Use.

 

Cookies

We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. Cookies may improve services for you through, for example:

  • Enabling the functionality of some specific services like payment which will not work without those cookies
  • Enabling a service to recognize your device so you don't have to give the same information several times during one task
  • Recognizing that you may already have given a username and password when logged in to Sporty's Sites so you don't need to do it for every web page requested
  • Measuring how many people are using services, so they can be made easier to use and to ensure that there's enough capacity to ensure they are fast
  • Analyzing data to help us understand how you use online services so we can improve them

If you choose not to use cookies during your visit, you should be aware that certain functions and pages will not work as expected. As an example, you may not be able to use the wish list feature.

 

Privacy & Security

Sporty's takes your privacy very seriously. Please review our Privacy Policy, which is incorporated into these Terms of Use below.  It also governs your use of Sporty's Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Security is important to Sporty's. We have established appropriate physical, electronic and managerial safeguards to protect the limited information we collect from or about our users. Sporty's does, however, reserve the right at all times to disclose information as Sporty's deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Sporty's exchanges limited customer information with other reputable merchants including, customer names and addresses, and may purchase or rent such information for the purpose of soliciting purchases by mail, normally for a one-time use.  Email addresses and telephone numbers are not included in any such exchange or rental. We also share information about your use of our site with our social media, advertising and analytics partners.

If you wish that your information not be included in any such exchange, rental or sale, please notify us by contacting support@sportys.com, or telephone to 513-735-9000. We do use opt-out information, but solely to comply with opt-out requests.

Sporty's does solicit purchases by email and text message (not by telephone), however, each such email has an "unsubscribe" link to allow you to avoid receiving future such emails. 

 

Sporty’s Privacy Policy:

For over fifty years our philosophy has been to earn and keep our customers’ trust and to provide the best service and customer satisfaction in the retail industry. Because of this philosophy, we treat the information you provide us in confidence. Sporty’s consistently works to improve Sporty’s security measures. However, no security system is foolproof and Sporty’s cannot guarantee the security of the user’s information.

When you visit Sporty's Sites, our web server will recognize your Internet service provider. This collection of visitor information allows us to make our site work better for you. Your name and address are stored on our web server so it is available when you log in to your account with your user name and password.

When ordering or requesting a catalog, customers provide Sporty’s with certain information such as name, physical and email address, telephone number, credit card number, etc. This information is necessary to process an order. A customer’s telephone number is used when we have a question about the order. It may also be used by a delivery service if there is a question about delivery. For its own use and for your future transactions Sporty’s retains information about its customers.

We send customers periodic catalog mailings and send emails announcing items we believe may be of interest to them. We also make our mailing list (name and address only, not our email list or telephone numbers) available to a few reputable, carefully screened companies whose products you may find of interest. You may opt-out of catalog mailings and/or our transfer of mailing lists to other companies.  You may also access the information we have about you and make corrections or deletions it if it is inaccurate. We also receive mailing list information from other companies. 

Personal information is released to law enforcement agencies if requested or if there is a court order. Please let us know by email or telephone if you do not wish us to disclose your mailing list information, which includes some personal information, to any third parties.

We expect to continue to earn your trust for at least another fifty years.

You can always contact our customer service department at support@sportys.com to discuss our privacy policy, to change your account information, or to have your information removed from our Sites.

 

Product Reviews

Customers may review and comment on Sporty's products and the reviews may be published on Sporty's Sites.  Sporty's will not be responsible for any derogatory customer comments which are published. 

 

Outages

Sporty's periodically schedules system downtime for Sporty's Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Sporty's has no responsibility and is not liable for: (a) the unavailability of any of Sporty's Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of Sporty's Sites, any Internet service providers or otherwise.

 

Notices

Notices by Sporty's to you may be given by means of email or other reasonable means of Sporty's choosing.  Notices (including questions, complaints, or legal notices) by you may be given by electronic message to support@sportys.com, or conventional mail or courier to:

 

Sportsman's Market, Inc.
2001 Sportys Drive
Batavia, Ohio 45103
513/735-9100.

 

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, glassware, ceramics, and electrical cords. Please call prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, Sporty's provides users of Sporty's Sites with the following notice:  "You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210".

The California Consumer Privacy Act ("CCPA") gives residents of the state of California the right to prevent businesses from selling (or otherwise transferring) their personal information. This right is subject to certain exemptions. For example, it does not apply to information that we share with certain third-party service providers so that they can perform business functions for us or on our behalf.

In accordance with the CCPA, California residents may opt-out of any future exchange, rental, or sale of their personal information or record a preference that Sporty's not rent, sell, or otherwise transfer their data in the future, click here for more information.

 

Alternatively, you may contact us via postal mail at the following address:

Attn: Customer Service

Sportsman's Market, Inc.
2001 Sportys Drive
Batavia, Ohio 45103
513/735-9100.

 

Disclaimer of Warranties

Sporty's intends for the information and data contained on Sporty's Sites to be accurate and reliable. You expressly agree that your use of Sporty's Sites and any information contained therein is at your sole risk.

SPORTY'S DOES NOT WARRANT THAT SPORTY'S SITES WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES SPORTY'S MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF SPORTY'S SITES.  SPORTY'S SITES' CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED.  SPORTY'S SITES AND SPORTY'S SITES' CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SPORTY'S EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE WITH RESPECT TO SPORTY'S SITES, OR ANY OF THEIR CONTENT.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SPORTY'S SITES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA SPORTY'S SITES IS ASSUMED SOLELY BY YOU. 

Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

 

Limitation of Liability

IN NO EVENT WILL SPORTY'S OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR TO SPORTY'S SITES OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF SPORTY'S SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE SPORTY'S SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SPORTY'S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through Sporty's Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Sporty's is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

 

Indemnity

You agree to indemnify and hold Sporty's harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party if the claim or demand is due to or arise out of your violation of these Terms of Use.

 

Legal Disputes  

Any dispute between you and Sporty's, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, "Sporty's") arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Sporty's will provide such notice by e-mail to your e-mail address on file with Sporty's and you must provide such notice by e-mail to legaldepartment@sportys.com.  

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Sporty's and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Sporty's, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms of Use, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Sporty's and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Sporty's nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action, and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Ohio without regard to conflict of laws principles.  You hereby consent to the exclusive jurisdiction and venue of the courts in Clermont County, Ohio, USA in any and all claims or disputes to enforce, construe, or otherwise relating to these Terms of Use or the use of Sporty's Sites.

YOU AND SPORTY'S AGREE 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, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

 

Jurisdictional Issues/Governing Law/Forum Selection

Sporty's Sites are operated by Sporty's from its offices in Batavia, Ohio, USA. Sporty's Sites are intended for users who reside in the United States of America. Sporty's makes no representations or warranties that Sporty's Sites or any materials contained therein are valid, appropriate or available for use outside of the United States. If you access and use Sporty's Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Sporty's reserves the right to limit the availability of Sporty's Sites and the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in its sole discretion. Any software on Sporty's Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from Sporty's Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Force Majeure

Sporty's shall not have any liability to you by reason of any delay or failure to perform if the delay or failure to perform is occasioned by any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, action or inaction of any Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control. 

 

Use of Content─Trademarks/Copyrights

The content contained on Sporty's Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Sporty's and/or its affiliates or by third parties that have licensed their Content to Sporty's. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a Sporty's Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Sporty's, and (c) you may not use the Content in a manner that suggests an association with any of Sporty's products, services or brands.

Without the prior written permission of Sporty's you may not use any material contained on any Sporty's Sites. The trademarks, logos and service marks (the "Marks") displayed on the Sporty's Sites are owned by Sporty's or third parties. You are prohibited from use of those Marks without the express, written permission of Sporty's or such third party. If you would like information about obtaining Sporty's permission to use the Content on your website or otherwise, email to support@sportys.com.

 

End User License — Software/Streaming

To the extent that we offer software on a Sporty's Site and you use such material, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you only for your personal, noncommercial home use as an end user. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

Similarly, we offer aviation education materials only for individuals' personal, noncommercial home use as end users. We do not transfer title to the course material. A user may not distribute or otherwise exploit such material. It may only be used for the personal aviation education of individuals. 

UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, SPORTY'S HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.  SPORTY'S SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; OR (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, SPORTY'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. In New Jersey, this limitation of liability does not apply to intentional or reckless acts or gross negligence on the part of Sporty's.

 

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.

 

General Information

These Terms of Use set forth the entire Agreement between you and Sporty's with respect to use of Sporty's Sites and the subject matter hereof.  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, balance of shall continue to be fully valid, binding, and enforceable. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. 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 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.

 

Sporty’s Apps/Supplementary Terms and Conditions 

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's 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@sportys.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 any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.

 

Questions

If you have questions, comments, or complaints about these Terms or Sporty's Sites, please contact us at support@sportys.com.

 

Violations

Please report any violations of these Terms of Use to Sporty's by email to legaldepartment@sportys.com.

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