Site Terms of Use
Your use of our Internet sites or any of the
products or services offered on those sites
(collectively, the "Services") is subject to
these Terms of Use (these "Terms"). We may
modify these Terms at any time without notice to
you by posting revised Terms on our sites. Your
use of our sites constitutes your binding
acceptance of these Terms, including any
modifications that we make.Some of the
Services may be subject to additional posted
conditions. Your use of those Services is
subject to those conditions, which are
incorporated into these Terms by reference. In
the event of an inconsistency between these
Terms and any additional posted conditions, the
provisions of the additional conditions shall
control.
We have the right, but not the obligation, to
take any of the following actions in our sole
discretion at any time and for any reason
without giving you any prior notice:
- Restrict, suspend, or terminate your
access to all or any part of our Services;
- Change, suspend, or discontinue all or
any part of our Services;
- Refuse, move, or remove any material
that you submit to our sites for any reason;
- Refuse, move, or remove any content that
is available on our sites;
- Deactivate or delete your accounts and
all related information and files in your
account;
- Establish general practices and limits
concerning use of our sites.
You agree that we will not be liable to you or
any third party for taking any of these actions.
You understand and agree that our Services
may include communications such as service
announcements and administrative messages from
us or from our partners and that these
communications are considered part of the
Services. You will not be able to opt out of
receiving these messages. You also understand
that our Services may include advertisements.
Content on our sites
Our sites include a combination of content that
we create, that our partners create, and that
our users create. All materials published on our
sites, including, but not limited to, written
content, photographs, graphics, images,
illustrations, marks, logos, sound or video
clips, and Flash animation, are protected by our
copyrights or trademarks or those of our
partners. You may not modify, publish, transmit,
participate in the transfer or sale of,
reproduce, create derivative works of,
distribute, publicly perform, publicly display,
or in any way exploit any of the materials or
content on our sites in whole or in part. If you
would like to request permission to use any of
the content on our sites, please review our
copyright notice and visit our
Permissions and Reprints page.
You are solely responsible for all materials,
whether publicly posted or privately
transmitted, that you upload, post, e-mail,
transmit, or otherwise make available on our
sites ("Your Content"). You certify that you own
all intellectual property rights in Your
Content. You hereby grant us, our affiliates,
and our partners a worldwide, irrevocable,
royalty-free, nonexclusive, sublicensable
license to use, reproduce, create derivative
works of, distribute, publicly perform, publicly
display, transfer, transmit, distribute, and
publish Your Content and subsequent versions of
Your Content for the purposes of (i) displaying
Your Content on our sites, (ii) distributing
Your Content, either electronically or via other
media, to users seeking to download or otherwise
acquire it, and/or (iii) storing Your Content in
a remote database accessible by end users, for a
charge. This license shall apply to the
distribution and the storage of Your Content in
any form, medium, or technology now known or
later developed.
Our site contains content that we create as
well as content provided by third parties. This
content includes, among other things, product
reviews and white papers. It also includes
information about products and services offered
by parties other than SportsmansReview.com, such
as product descriptions, specifications,
pricing, availability, and performance. We do
not guarantee the accuracy, the integrity, or
the quality of the content on our sites, and you
may not rely on any of this content. Without
limitation, we are not responsible for postings
by users in the user opinion, message board, or
feedback sections of our sites.
You may be exposed to content that you find
offensive, indecent, or objectionable or that is
inaccurate, and you bear all risks associated
with using that content. We have the right, but
not the obligation, to remove any content that
may, in our sole discretion, violate these Terms
or that is otherwise objectionable.
Third-party sites, products, and Services
Our sites contain links to other Internet sites
owned by third parties. Your use of each of
those sites is subject to the conditions, if
any, that each of those sites has posted. We
have no control over sites that are not ours,
and we are not responsible for any changes to or
content on them. Our inclusion on our sites of
any third-party content or a link to a
third-party site is not an endorsement of that
content or third-party site.
We do not sell, resell, or license any of the
products or the services that we review, list,
or advertise on our sites, and we disclaim any
responsibility for or liability related to them.
Your correspondence or related activities with
third parties, including payment transactions
and goods-delivery transactions, are solely
between you and that third party. You agree that
we will not be responsible or liable for any
loss or damage of any sort incurred as the
result of any of your transactions with third
parties. Any questions, complaints, or claims
related to any product or service should be
directed to the appropriate vendor.
Privacy policy
All of the information that we collect from you,
such as registration and profile information, is
subject to our privacy policy. Please click here
to see our full
privacy policy.
Your conduct on our sites
If we request registration information from you,
you will provide us with true, accurate,
current, and complete information. You will
promptly update your registration to keep it
accurate, current, and complete. If we issue you
a password, you may not reveal it to anyone
else. You may not use anyone else's password.
You are responsible for maintaining the
confidentiality of your accounts and passwords.
You agree to immediately notify us of any
unauthorized use of your passwords or accounts
or any other breach of security. You also agree
to exit from your accounts at the end of each
session. We will not be responsible for any loss
or damage that may result if you fail to comply
with these requirements.
The technology and the software underlying
our sites and the Services is the property of
SportmansReview.com, our affiliates, and our
partners. You agree not to copy, modify, rent,
lease, loan, sell, assign, distribute, reverse
engineer, grant a security interest in, or
otherwise transfer any right to the technology
or software underlying our sites or the
Services. You agree not to modify the software
underlying our sites in any manner or form or to
use modified versions of such software,
including (without limitation) for the purpose
of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree
that you will not use our sites to take any of
the following actions:
- Defame, abuse, harass, stalk, threaten,
or otherwise violate the legal right of
others;
- Publish, post, upload, e-mail,
distribute, or disseminate (collectively,
"Transmit") any inappropriate, profane,
defamatory, infringing, obscene, indecent,
or unlawful content;
- Transmit files that contain viruses,
corrupted files, or any other similar
software or programs that may damage or
adversely affect the operation of another
person's computer, our sites, any software
or hardware, or telecommunications
equipment;
- Advertise or offer to sell any goods or
services for any commercial purpose unless
you have our written consent to do so;
- Transmit surveys, contests, pyramid
schemes, spam, unsolicited advertising or
promotional materials, or chain letters;
- Download any file that you know or
reasonably should know cannot be legally
obtained in such manner;
- Falsify or delete any author
attributions, legal or other proper notices
or proprietary designations or labels of the
origin or the source of software or other
material;
- Restrict or inhibit any other user from
using and enjoying any public area within
our sites;
- Collect or store personal information
about other end users;
- Interfere with or disrupt our sites,
servers, or networks;
- Impersonate any person or entity,
including, but not limited to, a CNET
Networks representative, or falsely state or
otherwise misrepresent your affiliation with
a person or entity;
- Forge headers or manipulate identifiers
or other data in order to disguise the
origin of any content transmitted through
our sites or to manipulate your presence on
our sites;
- Take any action that imposes an
unreasonably or disproportionately large
load on our infrastructure;
- Engage in any illegal activities.
If you choose a username that, in our sole
discretion, is obscene, indecent, abusive or
that might otherwise subject us to public
disparagement or scorn, we reserve the right,
without prior notice to you, to automatically
change your username, delete your posts from our
sites, deny you access to our sites, or any
combination of these options.
Unauthorized access to our sites is a breach
of these Terms and a violation of the law. You
agree not to access our sites by any means other
than through the interface that is provided by
SportsmansReview.com for use in accessing our
sites. You agree not to use any automated means,
including, without limitation, agents, robots,
scripts, or spiders, to access, monitor, or copy
any part of our sites, except those automated
means that we have approved in advance and in
writing.
Use of our sites is subject to existing laws
and legal process. Nothing contained in these
Terms shall limit our right to comply with
governmental, court, and law-enforcement
requests or requirements relating to your use of
our sites.
Requests to remove certain content from
our sites
If you believe that content you own has been
copied and made accessible in a manner that
violates your intellectual property rights,
please review our
copyright notice.
Indemnification
You hereby agree to indemnify, defend and hold
SportsmansReview.com and all of our officers,
directors, owners, employees, agents,
information providers, affiliates, partners, and
licensors (collectively, the "SportsmansReview.com
Parties") harmless from and against any and all
liability, losses, costs, and expenses
(including attorneys' fees) incurred by any
SportsmansReview.com Party in connection with
any claim, including, but not limited to, claims
for defamation, violation of rights of publicity
and/or privacy, copyright infringement, or
trademark infringement arising out of:
- Your use of our sites;
- Any use or alleged use of your accounts
or your passwords by any person, whether or
not authorized by you;
- The content, the quality, or the
performance of content that you submit to
our sites;
- Your connection to our sites;
- Your violation of these Terms; or
- Your violation of the rights of any
other person or entity.
We reserve the right, at our own expense, to
assume the exclusive defense and control of any
matter for which you are required to indemnify
us, and you agree to cooperate with our defense
of these claims.
Disclaimers
We disclaim any responsibility for the deletion,
the failure to store, the misdelivery, or the
untimely delivery of any information or
material. We disclaim any responsibility for any
harm resulting from downloading or accessing any
information or material on the Internet using
search results from our sites. We disclaim any
responsibility for, and if you subscribe to one
of our fee-based services you will not be
entitled to a refund as a result of, any service
outages that are caused by our maintenance on
the servers or the technology that underlies our
sites, failures of our service providers
(including telecommunications, hosting, and
power providers), computer viruses, natural
disasters or other destruction or damage of our
facilities, acts of nature, war, civil
disturbance, or any other cause beyond our
reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE
UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO
NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR
SITES. OUR SITES AND THEIR CONTENT ARE
DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER
WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY
THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS,
(ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF OUR SITES WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR
SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY
ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF
OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES,
ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS,
PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE
THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE
QUALITY AND THE PERFORMANCE OF OUR SITES AND THE
ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE OUR SITES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF
OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR
RESPECTIVE AGENTS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
Miscellaneous
We may be required by state or federal law to
notify you of certain events. You hereby
acknowledge and consent that such notices will
be effective upon our posting them on our sites
or delivering them to you through e-mail. You
may update your e-mail address by visiting the
Services where you have provided contact
information. If you do not provide us with
accurate information, we cannot be held liable
if we fail to notify you. You have the right to
request that we provide such notices to you in
paper format, and may do so by contacting
SportsmansReview.com, 1004 Country Club Dr, Marshall, MN
56258.
Our failure to exercise or enforce any right
or provision of these Terms shall not constitute
a waiver of such right or provision.
You agree that regardless of any statute or
law to the contrary, any claim or cause of
action arising out of or related to use of our
sites or these Terms must be filed within one
(1) year after such claim or cause of action
arose or be forever barred.
These Terms, including all terms, conditions,
and policies that are incorporated into these
terms by reference, constitute the entire
agreement between you and SportsmansReview.com
and govern your use of our sites, superceding
any prior agreements that you may have with us.
These Terms shall be construed in accordance
with the laws of the State of Minnesota, and the
parties irrevocably consent to bring any action
to enforce these Terms before an arbitration
panel or before a court of competent
jurisdiction in the State of Minnesota if
seeking interim or preliminary relief or
enforcement of an arbitration award.
If any part of these Terms is determined to
be invalid or unenforceable pursuant to
applicable law, then the invalid or
unenforceable provision will be deemed
superceded by a valid, enforceable provision
that most closely matches the intent of the
original provision, and the remainder of the
Terms shall continue in effect.