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1. Introduction

Welcome to Sportsman’s Guide! These Conditions of Use govern your use of our website located at www.thesportsmanguides.com (the “Site”) and any related services provided by Sportsman’s Guide (collectively, the “Services”). Please read these Conditions carefully before using the Site or Services. By accessing or using the Site or Services, you agree to be bound by these Conditions. If you do not agree to all of these Conditions, do not access or use the Site or Services.

If you have any questions about these Conditions, please contact us at support@thesportsmanguides.com.

2. Ability to Accept Terms

You affirm that you are at least 18 years of age and have the legal authority to enter into these Conditions. If you are under 18 or do not have legal authority to enter into these Conditions, you may not access or use the Site or Services.

3. Changes to Terms

Sportsman’s Guide reserves the right to update or modify these Conditions at any time without prior notice. Your continued use of the Site or Services after any changes to the Conditions constitutes your acceptance of the updated or modified Conditions. Please check these Conditions periodically for changes.

4. Site Access and Use

Sportsman’s Guide grants you a limited, non-exclusive, revocable license to access and use the Site and Services for your own personal use, subject to your compliance with these Conditions. You may not access, reproduce, download, distribute, modify, transmit, publicly display, publicly perform, publish, communicate to the public, or otherwise use the Site or Services or any content available on the Site or Services in any way not expressly permitted by these Conditions or applicable law.

Some areas of the Site or Services may allow you to copy or download content, including downloadable products. You are permitted to download or copy such content only for your personal use, provided you maintain all copyright and proprietary notices contained in the content. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site or Services for public or commercial purposes without our written permission.

5. Site Availability and Termination

We strive to keep the Site and Services available twenty-four (24) hours a day, seven (7) days a week. However, we cannot guarantee that the Site or Services will operate continuously or without interruptions or be error-free. We reserve the right to suspend or cease providing any Services, terminate your account, or block access to the Site or Services at any time in our sole discretion. We are not responsible for any suspension or discontinuation of any part of the Site or Services.

6. Accounts and Registration

To access certain features or services offered on the Site or Services, you may be asked to register and create an account. When you create an account, you agree to provide accurate and complete information about yourself. You are solely responsible for all activity that occurs under your account.

You must safeguard your account credentials and notify us immediately if you suspect any unauthorized use of your account. You may not create more than one account per individual. We reserve the right in our sole discretion to refuse or cancel your registration for any reason.

7. User Content

The Site and Services may allow you to submit, post, upload, publish, or otherwise make available (collectively, “submit”) content such as comments, posts, images, videos, etc. (“User Content”). You retain full ownership of your User Content.

By submitting User Content, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, copy, modify, distribute, publish, perform, sublicense, and create derivative works from your User Content in any form, media, or technology.

You represent and warrant that: (i) you own or have the necessary licenses and rights to submit your User Content; (ii) your User Content does not infringe any intellectual property or other proprietary rights of third parties; and (iii) you consent to the collection and processing of your User Content as described in our Privacy Policy.

We have the right, but not the obligation, to monitor User Content and may remove any User Content at any time for any reason. You are solely responsible for your interactions with other users and any content you post.

8. Acceptable Use

You must use the Site and Services in a lawful manner and in accordance with these Conditions. You agree not to:

9. Purchases and Payments

The Site may allow you to purchase products or services from us or third parties. If you elect to make a purchase, you agree to pay all applicable charges associated with your purchase, including taxes, shipping, and other fees. All purchases are final – no refunds or exchanges will be permitted unless required by law.

We may use third party payment processors to process payments. All payment information provided through the payment processors will be treated in accordance with the applicable processor’s privacy policy and terms of use. We have no direct access to or control over your payment information.

The prices, availability, and other details regarding products and services on the Site are subject to change without notice. We cannot confirm the price or availability of any product or service until you submit your order. If you order a product or service at an incorrect price or that is unavailable, we will notify you and process a refund or cancellation.

By making a purchase, you represent that the products and services you purchase will be used only for lawful purposes. We reserve the right to limit order quantities or refuse service without prior notice.

10. Disclaimers and Limitations of Liability

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING AND USAGE OF TRADE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE COMPLETENESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE OR SERVICES.

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THESE CONDITIONS, THE SITE, OR THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE AND/OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Sportsman’s Guide, its officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Conditions or use of the Site or Services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification and you agree to cooperate with us upon our request.

12. Copyright and Trademark

The Site design, text, graphics, selection and arrangement of elements, organization, interfaces, any documentation, data compilations, and other content available on the Site or Services are protected under applicable copyright, trade dress, patent, and trademark laws, whether or not a copyright or other proprietary notice appears on a particular page.

Our names, logos, and icons are our trademarks or registered trademarks. You may not use any trademark, service mark, logo, or copyrighted materials appearing on the Site or Services without our prior written consent. If you have any questions about authorized uses of copyrighted or trademarked materials appearing on the Site, please contact us at copyright@thesportsmanguides.com.

We respect the intellectual property rights of others. Upon proper notice, we will promptly remove content that infringes copyright or other proprietary rights of third parties. If you believe any content available through the Site or Services violates your copyright rights, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.

13. Feedback

Any comments, suggestions, ideas, notes, drawings, concepts, or other information you provide to us about the Site or Services, whether via email or otherwise (“Feedback”), is non-confidential and will become our sole property. We will own exclusive rights to the Feedback and will be entitled to the unrestricted use and dissemination of the Feedback without compensation for the purpose of improving or developing the Site or Services. You hereby assign and agree to assign all intellectual property rights in the Feedback to us.

14. Links to Other Websites

The Site or Services may contain links or connections to third party websites or services that are not owned or controlled by Sportsman’s Guide. When you access third party websites or use third party services, you do so at your own risk.

We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third party websites or services. We disclaim all liability with respect to your access to or use of any third party websites or services.

15. Changes to the Site or Services

We reserve the right to modify, suspend, or discontinue all or any portion of the Site or Services at any time. Notice of material changes will be provided through the Site or Services. Your continued use of the Site or Services after any change constitutes your consent and acceptance of the change.

16. Term and Termination

These Conditions will remain in effect for as long as you access or use the Site or Services or maintain an account with us. You may terminate your account and stop using the Site or Services at any time.

We reserve the right to suspend or terminate your access to and use of the Site or Services, with or without notice, in the event that you violate these Conditions or for any other reason. We are not liable for any damages related to any suspension or termination of the Site, Services, or your account.

Upon termination, all licenses and rights granted to you under these Conditions will immediately cease. Any accrued rights, defenses, and obligations under these Conditions will survive termination.

17. Governing Law and Disputes

These Conditions and any dispute or claim arising out of them will be governed by the laws of the State of Wisconsin, without regard to conflict of laws principles. Any dispute or claim not subject to arbitration that arises out of these Conditions must be resolved exclusively in the federal or state courts located in Milwaukee County, Wisconsin and you hereby irrevocably consent to personal jurisdiction and venue in those courts.

In the event of any controversy or dispute between you and Sportsman’s Guide, we strongly encourage you to first contact us at support@thesportsmanguides.com to seek a resolution. We will consider reasonable requests to resolve any disputes through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

18. Class Action and Jury Trial Waiver

You agree to only bring disputes and claims against us on an individual basis. You may not join or consolidate claims or controversies or otherwise bring or participate in a class, representative, or private attorney general action against us. You and Sportsman’s Guide both waive the right to a jury trial.

19. No Waivers

Any failure or delay by Sportsman’s Guide to exercise or enforce any right, claim, or provision under these Conditions will not operate as a waiver or relinquishment of such right, claim, or provision. We may waive a right, claim, or provision under these Conditions only by express written consent. Our waiver of any provision or breach should not be construed as a waiver of any other provision or subsequent breach.

20. Severability and Survival

If any provision or part of a provision of these Conditions is found unlawful, void, or unenforceable, that provision or part will be deemed severable and will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties. The remaining provisions will remain in full force and effect.

Those provisions of these Conditions relating to indemnification, disclaimers and limitations on liability, waivers, and other provisions that by their sense and context are intended to survive termination or expiration will so survive.

21. Contact Us

If you have any questions about these Conditions of Use or the practices of Sportsman’s Guide, please contact us at:

Sportsman’s Guide
7075 Flying Cloud Dr
Eden Prairie, MN 55344
Email: support@thesportsmanguides.com

Thank you for being a valued Sportsman’s Guide customer!