BUSHNELL GOLF GOLF
TERMS AND CONDITIONS OF ACCESS AND USE
Effective March 26, 2018
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Welcome to the Bushnell Golf Site, which is owned and operated by Vista Outdoor Sales LLC, and for purposes of this Policy Bushnell Golf and Vista Outdoor Sales LLC will be collectively referred to as “Bushnell Golf”.
, incorporated herein by reference.
from time-to-time to understand the terms and conditions that apply to your access and use of the Bushnell Golf Site.
I. GENERAL TERMS.
II. INTELLECTUAL PROPERTY.
- Use of Site. In consideration of your acceptance of these Terms, we grant you a limited non-exclusive revocable license to access and make personal and non-commercial use of the Bushnell Golf Site, provided you do not modify, alter, or download (other than page caching) any portion of it unless otherwise specifically provided herein or you have obtained our written authorization in advance. The permission granted to you shall terminate automatically and immediately if you breach any of the terms and conditions set forth in these Terms. Bushnell Golf reserves the right to modify or remove any materials, products, or services listed on the Bushnell Golf Site at any time without further notice. All rights not expressly granted herein are expressly reserved by Bushnell Golf.
- Prohibited Use of Site. You shall not make any commercial use of the Bushnell Golf Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. The Bushnell Golf Site, or any portion thereof, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without our express written consent. You agree not to interfere, disrupt, or attempt to gain unauthorized access to the Bushnell Golf Site, or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program or engage in any other activity deemed by us to be in conflict with the spirit or intent of the Terms. You agree to use the Bushnell Golf Site only for lawful purposes. You are prohibited from posting on or transmitting through the Bushnell Golf Site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to remove any postings or content in violation of these Terms.
- Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Bushnell Golf Site including all hardware, software, electrical and other physical requirements for your use of the Bushnell Golf Site, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use the Bushnell Golf Site.
- Correction of Errors and Inaccuracies. The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
- Accessibility. You acknowledge and agree that at times the Bushnell Golf Site may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake from time to time; or (iii) causes which are beyond our control or which are not reasonably foreseeable.
- Trademarks. The trademarks, service marks, brand names, and logos appearing on Bushnell Golf Site (“Marks”) are owned or licensed by Bushnell Golf. Nothing herein shall be construed as granting any license or right to use the Marks without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any Marks or use any meta tags or any other “hidden text” utilizing the Marks without the express written consent of Bushnell Golf.
- Copyrighted Works. Copyrights in content provided on the Bushnell Golf Site, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter “Copyrighted Works”) are exclusively owned or licensed by Bushnell Golf, and are protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non-commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Bushnell Golf and any appropriate third party as applicable.
- Infringement Notices. If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Bushnell Golf with the following information in writing (see 17 U.S.C Section 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 Bushnell Golf to locate the material;
- information reasonably sufficient to permit Bushnell Golf to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- a statement that you have 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; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may contact Bushnell Golf’s designated Copyright Agent by email at DMCA@vistaoutdoor.com
or by writing to DMCA Agent, Bushnell Golf IP Department (Vista Outdoors), 1 Vista Way, Anoka, Minnesota 55303 or call (763) 433-1081.
- Confidential Information. Do not use the Bushnell Golf Site as a means of submitting information you consider to be confidential or proprietary unless you are placing an order in which case some Personal Information is required. Except as otherwise expressly provided herein or in a written agreement with us, any submission of material by you, including but not limited to questions, comments, suggestions, ideas, inventions, or other information provided by you in the form of e-mail, submissions to us or postings on the Bushnell Golf Site will be treated as non-confidential and non-proprietary and will become our sole property, in which we will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of this material for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Bushnell Golf Site may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by us with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that we are not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non-Bushnell Golf Site is subject to the terms and conditions applicable to that site, including the privacy policies of such site. If a third-party links to the Bushnell Golf Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with us. We may not even be aware that a third party has linked to the Bushnell Golf Site.
IV. PASSWORD PROTECTED SITES.
If you access a password-protected Bushnell Golf (“Protected Site”), you represent that you have been granted access by us and agree to take all reasonable precautions to safeguard the confidentiality of the content and all information accessed on the Protected Site, including without limitation the password (collectively, the “Proprietary Information”), exercising at least a degree of care suitable for the sensitivity of such information but in no instance less than reasonable care. You agree to immediately notify us of any unauthorized use or disclosure of the Proprietary Information, and to take all necessary actions to prevent use or disclosure of the Proprietary Information in breach of these Terms or applicable law.
When accessing a Protected Site, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. We will not be liable for any loss that you or your employer may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
V. DISCLAIMER OF WARRANTIES.
EXCEPT AS OTHERWISE PROVIDED FOR IN THE TERMS, OR AS REQUIRED BY LAW, BUSHNELL GOLF, AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES PROVIDE THE BUSHNELL GOLF SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BUSHNELL GOLF AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE BUSHNELL GOLF SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE BUSHNELL GOLF SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BUSHNELL GOLF SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BUSHNELL GOLF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUSHNELL GOLF DOES NOT WARRANT THAT THE BUSHNELL GOLF SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VI. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL BUSHNELL GOLF, OR ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THE TERMS OR YOUR USE OF THE BUSHNELL GOLF SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE BUSHNELL GOLF SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE BUSHNELL GOLF SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE BUSHNELL GOLF SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE BUSHNELL GOLF SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.
You agree to indemnify, hold harmless, and defend Bushnell Golf, its parents, subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, contractors, service providers and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of, or relating to: (i) the Terms; (ii) your use of the Bushnell Golf Site, including any data or work transmitted or received by you; and (iii) any prohibited use of the Bushnell Golf Site.
IX. DISPUTE RESOLUTION AND BINDING ARBITRATION.
YOU AND BUSHNELL GOLF, ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AGENTS ARE AGREEING 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 MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- Administration. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
- Forum. Any arbitration arising under or relating to the Terms shall be located in Johnson County, Kansas. You irrevocably submit and consent to the administration of any arbitration in Johnson County, Kansas.
- Authority. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator shall provide written findings of fact and conclusions of law in support of any arbitration award. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction, so long as such award is not inconsistent with the governing law of the Terms.
- No Class Claims. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BUSHNELL GOLF, ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AGENTS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
- Arbitration Severability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- Waiver. No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
- Severability. If any provision of these Terms is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
- Law. These Terms are made in and shall be governed and construed by the laws of the State of Kansas, United States of America, without reference to conflicts of laws. If you access the Bushnell Golf Site from locations outside Kansas or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Kansas, United States of America, and you are solely responsible for compliance with all your local laws. Access to the Bushnell Golf site from locations where such Site’s contents may be unlawful is prohibited.
- Forum. All actions, claims, or disputes arising under or relating to the Terms shall be brought in the federal or state courts located in Johnson County, Kansas. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Johnson County, Kansas. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Johnson County, Kansas and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Johnson County, Kansas.
- Headings. The captions and headings in the Terms are included for ease of reference only and shall be disregarded in interpreting or construing the Terms.