Sporty's Terms of Use and End User License Agreement

Last Revised 06-15-2020

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 Collected Voluntarily

Sporty’s may provide occasional opportunities to receive particular offers for products or services, or 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.

 

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 (not by telephone or text message), 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:

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.

 

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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