|Effective Date: September 1, 2015
||Last Updated: February 8, 2019|
By using the Product(s), you are representing and warranting that: (a) you are a legal resident of the United States; (b) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access the Products (collectively, “Device”); and (c) you will access and use this Products only in the United States; and (d) you will access and use this Product(s) in accordance with these Terms.
To access any services available through the Products, you must provide all communications services, equipment and software necessary to connect to the Products (“Device(s)”). You are responsible for ensuring that your equipment and/or software does not disturb or interfere with the Products’ operations. If any upgrade in or to the Products requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense.
You may not access or use, or attempt to access or use, the Product(s) to take any action that could harm us or any person or entity (a “person”), interfere with the operation of the Products, or violate any laws. For example, and without limitation, you may not:
Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Products for any or no reason at any time without notice.
Certain areas of the Products may enable you to post comments, send emails, or otherwise provide information to USA Archery or other persons. You remain fully responsible for the materials that you provide to us or others, including without limitation information, audio recordings, photographs, video recordings, documents, or other materials submitted, posted, uploaded, sent or otherwise transmitted to us or others (“User Content”). You agree not to provide User Content that:
Your License to Us. By submitting User Content, you grant us and our designees a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, display, perform, edit, adapt, modify, translate, create derivative works, make, sell, offer for sale, export, and otherwise use and exploit your User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions necessary to grant us those rights, including from any person identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
No Obligation to Publish. We are not obligated to publish or use your User Content. USA Archery is not in any manner endorsing any User Content that it may publish or post on the Products and cannot, and will not, vouch for its reliability. USA Archery is not responsible for any User Content and has no duty to monitor the User Content posted on the Products. You use any information contained in User Content at your own risk. USA Archery and its designees have the right, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content or the Products (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. The obligations that you have to us under these Terms shall survive termination of the Products, any use by you of the Products, any User Content on the Products, or these Terms. You will not continue to post any User Content that USA Archery has previously advised you not to post.
No Obligation to Monitor. You acknowledge and agree that we have the right, but not the obligation, to monitor all User Content. You further acknowledge and agree that while we reserve the right to remove User Content in our sole discretion for any reason, we have no duty to do so. We also reserve the right to turn over any User Content to law enforcement officials.
All content, information, materials, computer code, and software that are part of the Products other than your User Content (collectively, the “USA Archery Content”) is the property of USA Archery or third parties. You may access, use and display the Products and download and print copies of USA Archery Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
Copyright and Other Intellectual Property Rights. The USA Archery Content is protected under the copyright laws of the United States and other countries. You acknowledge that all copyrights and other intellectual property rights in the Products are owned by USA Archery or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. Unless expressly permitted by an authorized person in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of USA Archery Content except that you may make use of the content for your personal, informational, non-commercial purposes only and as explained below, provided that you maintain all copyright and other notices posted along with the USA Archery Content. To obtain written consent to use a copyrighted work, please contact us using the information in the Contact Us section below. Copying or downloading these materials for anything other than your personal use is a violation of these Terms.
Your Use of Content from Our Products. USA Archery may, from time to time, offer Product users the opportunity to download certain phone applications from the Products. For purposes of this Agreement, the term “phone application” includes any files or images incorporated in or generated by the phone application, and any data accompanying the phone application. We hereby grant to you a non-exclusive and non-transferable license, during the term of this Agreement, to download and use a single copy of any phone application that we so offer to Products users on a single computer for your personal, informational, non-commercial use only, provided that you keep intact all copyright and other proprietary notices contained in such software.
We also invite you to download a single copy of the free online resources we provide and print resources, informational text or other materials contained in the Products on any single computer for your personal, informational, non-commercial use only, provided that you keep intact all copyright and other proprietary notices contained in such materials, unless such resource indicates that you may distribute.
The use of any such materials (including the software) in any other manner or for any other purpose, including on any other web site or networked computer environment or the creation of any derivative works from them, is prohibited.
Notice of Infringement. USA Archery respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Products in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing to USA Archery as set forth in the contact us section under the Digital Millennium Copyright Act (“DMCA”):
You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
Third Party Links
Registration and Passwords
The Products may permit or require you to register or select a password prior to permitting access to certain products or services available through the Products. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.
Disclaimer of Warranties
YOUR USE OF THE PRODUCTS IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE PRODUCTS OR THE INFORMATION, MATERIALS, OR GOODS APPEARING OR OFFERED ON THE PRODUCTS OR WITH RESPECT TO ANY WEBSITES LINKED FROM THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PRODUCTS OR OTHERWISE BY USA ARCHERY. FURTHER, THERE IS NO WARRANTY THAT THE PRODUCTS WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, THAT THE PRODUCTS, INCLUDING WITHOUT LIMITATION USA ARCHERY CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. USA ARCHERY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY USA ARCHERY CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR USA ARCHERY CONTENT. USA ARCHERY MAKES NO REPRESENTATION THAT THE PRODUCTS ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF USA ARCHERY SHALL CREATE ANY WARRANTY.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL USA ARCHERY, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY USA ARCHERY CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE PRODUCTS. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF USA ARCHERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, USA Archery’s liability in such jurisdictions shall be limited to the extent permitted by law.
Any claim against us shall be limited to the amount you paid, if any, for use of the Products.
You agree to indemnify, hold harmless, and defend USA Archery, and its affiliates and licensors, and each of their respective officers, directors, contractors, agents, employees, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Products (including, without limitation, your User Content and your use of any USA Archery Content), (ii) your online conduct, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, or (vi) any of your dealings or transactions with other persons resulting from use of the Products. You shall not settle any such claim without the prior written consent of USA Archery. These obligations will survive any termination of these Terms.
Dispute Resolution/ Arbitration
This section applies to any dispute you have with USA Archery, unless the dispute involves rights to your, USA Archery’s, or our licensor’s intellectual property.
Location and Governing Law. These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of Colorado, as applicable, without giving effect to their principles of conflicts of law. By using the Products, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
Claims Or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn't filed within one year, it's permanently barred.
Changes to the Terms or to the Products
USA Archery may change or modify the Products or the Terms at any time. Such changes, revisions, or modifications shall be effective immediately upon being posted. Any use of the Products by you after we post changes to the Terms constitutes your acceptance of those changes.
USA Archery reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Products, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. USA Archery also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Products, including any of USA Archery’s Content.
Integration and Severability. These Terms constitute the entire agreement between USA Archery and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No Waiver. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
Assignment and Binding Effects. You must not assign these Terms or any rights or obligations herein without the prior written consent of USA Archery and any attempted assignment in contravention of this provision is null and void and of no force or effect. USA Archery has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.
Separate Terms and Conditions. In connection with your use of the Products, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Products. Any supplemental terms will not vary or replace these Terms regarding any use of the Products, unless otherwise expressly stated.
You acknowledge that these Terms are an agreement between you and USA Archery only, and not with the app store where you downloaded Mobile Coach application (for iOS users, the App Store operated by Apple Inc. (“Apple”) or for Android users, the Google Play store operated by Google Inc. (“Google”)). Apple or Google are not liable for any damages related to the Products. Apple and Google shall each be a third-party beneficiary of this agreement with respect to this paragraph.
Please direct any questions, complaints or claims related to the Products or your use of the Products, or requests to use a copyrighted work or trade or service mark right to [email protected] or send a letter to us at:
4065 Sinton Rd. Ste. 110
Colorado Springs, CO 80907