PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEB SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR SITES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
These Terms of Use (“Terms”) apply exclusively to your access to, and use of, apex-gear.com Web Sites, including those of its affiliates, its mobile applications and online services (the “Sites”). The Terms do not alter in any way the terms or conditions of any other agreement you may have with Good Sportsman Marketing, LLC and/or its affiliates (GSM), for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on behalf of such entity and that such entity agrees to indemnify you and GSM for its violations of these Terms.
These Terms are separated into three parts including this Terms of Use, Privacy Policy and Legal Notices all of which are considered to be inclusive of this Terms of Use. GSM reserves the right to change or modify these Terms or any policy or guideline of the Sites at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should regularly review the Terms and applicable policies when logging into the Site to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites.
If you have any questions regarding the use of the Sites, please refer to the Customer Service page on apex-gear.com. All other questions or comments about the Sites or their contents may be directed to customer service by calling 1-877-269-8490 or mailing us at 5250 Frye Road Irving, TX 75061.
3. OWNERSHIP OF SITE CONTENT
Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the GSM Outdoors logo and those of our affiliates and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of GSM or its affiliates, licensors, suppliers or users and are protected by United States and international copyright, trademark, and patent laws.
4. USER CONDUCT
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. GSM is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is GSM responsible or liable for any associated loss, damage, injury or harm. Although GSM has no obligation to monitor any user conduct on the Sites, GSM reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice.
5. COPYRIGHT AND TRADEMARK NOTICE
Copyright 2012 GSM. All Rights Reserved. Any reproduction of the content of the Sites for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of GSM’s copyrighted works without first obtaining the written consent of GSM. You may not view, reproduce, print or otherwise use any of the content of the Sites for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above. All product names, trademarks, service marks or other images in the Sites are either the property of, or used with permission by GSM, and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on the Sites may be trademarks or service marks of other persons or entities.
6. THIRD PARTY LINKS
From time to time, the Sites may contain links to Websites that are not owned, operated or controlled by GSM or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither GSM nor any of its affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from any other Website. Neither GSM nor any of its affiliates, service providers or suppliers endorse, guarantee, or make any representations or warranties regarding any other Web Site, or any content, materials or other information located or accessible from such Web Sites, or the results that you may obtain from using such Web Sites. If you decide to access any other Web Site linked to or from the Sites, you do so entirely at your own risk.
7. RIGHTS IN USER CONTENT AND SUBMISSIONS
User Content is and will be considered non-confidential and non-proprietary. You are solely responsible for any User Content you post, publish or display on the Sites or transmit to Users. You will post only User Content you believe in good faith to be true and accurate and you will not post to the Sites any User Content that is false, inaccurate, misleading or fraudulent. GSM may, but is not obligated to, monitor or review any User Content. GSM shall have no obligations to use, return, review, or respond to any User Content. GSM will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. GSM retains the right to remove any or all User Content for any or no reason, including User Content that, in our sole discretion, violates these Terms of Use, is offensive or illegal or may harm, violate the rights of or threaten the safety of any User or any other individual or entity. By uploading User Content to the Sites, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant: (a) GSM and our service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution; and (b) Subject to the restrictions set forth in these Terms of Use, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User’s personal, non-commercial use.
8. PRODUCT
Reviews We may provide specific opportunities for you to tell GSM and other gsmoutdoors.com readers or users what you think about our products or services (“Product Reviews”). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to us and others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and GSM does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to “power” or provide the opportunity to review products or services. In that case, you will also need to review the terms of service for that third party’s web site, including its privacy policy, to determine whether they are acceptable to you. If they are not, do not use its site or provide Product Reviews.
9. UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of our Sites, its Terms of Use and Privacy Policy and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
10. INDEMNIFICATION
By your use of the Sites, you agree to defend, indemnify and hold harmless GSM, its affiliates and their members, managers, officers, agents, partners, employees, independent contractors, suppliers, service providers and consultants, and their respective members, managers directors, officers, employees and agents, harmless from any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any Product Reviews you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Comments you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Sites.
11. DISCLAIMER
Except as expressly provided in writing, the Sites, their content, user Comments and services provided on or in connection with the Sites (hereafter collectively, “Site Content”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. GSM DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. GSM does not represent or warrant that the Site Content is accurate, complete, reliable, current or error-free. GSM does not represent or warrant that the Sites or its servers are free of viruses or other harmful components.
IN ADDITION, GSM DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO THE SITE CONTENT, INCLUDING GSM VIDEO. The Site Content is general in nature. Any activity depicted in any Site Content is not intended to be an endorsement of the activity or recommendation that the Sites’ user participate in the outdoor recreational activity depicted. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
12. AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY; RECORDING; COPIES
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
13. LIMITATION OF LIABILITY
GSM, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Sites, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Sites, (d) your use of our Sites Content, (e) the content contained on our Sites, or (f) any delay or failure in performance of our Sites beyond our control.
IN NO EVENT WILL GSM, ITS AFFILIATES OR ITS MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT,OR ANY RELATED PRODUCTS, ACCESSED THROUGH OR DOWNLOADED FROM OUR SITES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GSM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR PRODUCT PURCHASED ON OUR SITES.
14. WARRANTIES
All GSM products depicted or sold in the Sties contain only such Warranties as may be provided in writing with the product. GSM’s returns and exchanges policy can be viewed at Apex Gear returns policy THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM GSM RELATING TO THE PRODUCTS AND SERVICES YOU PURCHASE OR RECEIVE FROM GSM. GSM MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS OTHERWISE COVERED BY GSM’S WRITEN WARRANTIES, PRODUCTS AND SERVICES SOLD OR OTHERWISE PROVIDED BY GSMI ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. Manufacturers of non-GSM branded products may provide other warranties, and you agree that you will look solely to the warranty(s), if any, provided by those manufacturers. Warranties give you specific legal rights, and you may have other rights, which vary from state to state.
15. MAKING PURCHASES
If you wish to make purchases of products or services described on the Sites, you may be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide here will be accurate, complete and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. Moreover, you agree to review and to comply with the terms and conditions of any specific agreement that you enter into with GSM Outdoors in connection with the purchase of any product or service.
16. APPLICABLE LAW AND VENUE
These Terms and your use of the Sites is to be governed by and construed in accordance with the laws of the State of Texas, applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Dallas County, Texas and you hereby expressly consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
17. ATTENTION KIDS
IF YOU ARE UNDER THE AGE OF 18, YOU MUST GET PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN BEFORE YOU DO ANY OF THE FOLLOWING ON OR THROUGH THE SERVICE:
- SEND ANY INFORMATION ABOUT YOURSELF OR OTHERS
- BUY ANYTHING
18. TERMINATION
You or we may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice.
19. GENERAL TERMS
Your Use of our Sites constitutes an Agreement to be bound by its Terms of Use, Privacy Policy and Legal Notice Policy which shall be treated as though it were executed and to be performed in Grand Prairie, Texas and shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Sites or service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.