Terms and Conditions
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING SPORTER.COM.
These terms and conditions ("Terms and Conditions") apply to Sporter.com, Sporter E-commerce LLC and all of its divisions, subsidiaries, and affiliates (collectively "Sporter.com") operated Internet sites which reference these Terms and Conditions.
Your access or use of Sporter.com indicates your understanding of this agreement to be bound by these Terms and Conditions of use. If you do not agree to these Terms and Conditions of use, please do not use this web site.
Please note that Sporter.com reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions of use. Changes will be effective when posted on Sporter.com with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of Sporter.com following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
Registration, Accounts and Passwords
Certain of the services and related features that may be made available on Sporter.com may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on Sporter.com and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. Sporter.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Pricing and Content Information
While Sporter.com strives to provide accurate pricing information, pricing or typographical errors may occur. Sporter.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Sporter.com shall have the right, at Sporter.com's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Sporter.com may, at Sporter.com's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We do our best to provide you with great values on our website. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, every day.
Trademarks and Copyrights
All of the names, titles, logos, and designs on Sporter.com identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of Sporter.com. All other names, titles, logos and designs appearing on Sporter.com are the property of their respective owners. Any use of any trademarks appearing on Sporter.com without the express written consent of the owner of the trademark is strictly prohibited.
Sporter.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the "Content") and the entire contents of Sporter.com also are protected by copyright as a collective work and/or compilation under the UAE copyright laws, international conventions and other copyright laws. Sporter.com and/or its affiliates own the copyright in the Content original to Sporter.com and in its selection, coordination, arrangement and enhancement of the Content.
In consideration of the availability and your use of Sporter.com, you agree to comply with all applicable laws and these Terms and Conditions when using such site. You acknowledge that Sporter.com may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
- post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use Sporter.com in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying Sporter.com or the Internet;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
- post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
Responsibility for Minors
In cases where you have authorized a minor to use Sporter.com you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of such site or service; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of Sporter.com may contain material that is inappropriate for minors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) SPORTER.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT SPORTER.COM MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) SPORTER.COM SPECIFICALLY MAKES NO WARRANTIES THAT OUR SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF SPORTER.COM WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICE(S) OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Professional Information Disclaimer
Sporter.com may make available certain information provided by third parties related to various professional fields (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific product or course of action. Use of Sporter.com does not replace consultations with a qualified professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and, therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Sporter.com, including without limitation its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Professional Information.
Content Linked To Sporter.com
Please exercise discretion while browsing the internet. Sporter.com may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Sporter.com’s control, and Sporter.com is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Unless otherwise expressly provided, Sporter.com makes no representation or warranty regarding, and does not endorse, any Linked Site or the information, products or services appearing thereon. Accordingly, you agree that Sporter.com will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from Sporter.com.
Dealing with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on or through Sporter.com, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Sporter.com assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Sporter.com shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
You agree to defend, indemnify and hold harmless each of Sporter.com, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on Sporter.com, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use Sporter.com or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from Sporter.com. You shall use your best efforts to cooperate with us in the defense of any claim. Sporter.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SPORTER.COM, INCLUDING WITHOUT LIMITATION ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SPORTER.COM HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF SPORTER.COM, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO SPORTER.COM OR ANY OF THE SERVICES.
You expressly acknowledge that Sporter.com has entered into this agreement, and has or may make Sporter.com and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Sporter.com. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
Governing Law / Jurisdictional Issues
These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Emirate of Dubai, UAE. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of Dubai and to waive any objections based upon venue.
Arbitration and Actions
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Dubai, UAE in English and governed by Dubai law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dubai and is independent of either party. Notwithstanding the foregoing, Sporter.com reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You acknowledge and agree that Sporter.com, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of or access to Sporter.com, and remove and discard any information or content related to Sporter.com for any reason, including where Sporter.com believes that you have violated any of these Terms and Conditions. You further agree that Sporter.com shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with Sporter.com or with any terms, conditions, rules, policies, guidelines, or practices of Sporter.com in operating Sporter.com, your sole and exclusive remedy is to discontinue using Sporter.com or service.
Submission Of Ideas and/or Suggestions
Sporter.com is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, Sporter.com would like to hear them - but any submission will be subject to these Terms and Conditions.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO SPORTER.COM.COM (including but not limited to programming development ideas) BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO SPORTER.COM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO SPORTER.COM THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT SPORTER.COM IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SPORTER.COM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY THIRD PARTY.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Sporter.com and you pertaining to your use of Sporter.com and supersedes any prior agreements between you and Sporter.com with respect to the subject matter hereof. Sporter.com’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.