Last updated: April 2, 2019
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Easton or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Easton and protected by U.S. and international copyright laws. All software used on this Site is the property of Easton or its software suppliers and protected by United States and international copyright laws.
“Eastonarchery.com” and other marks indicated on this Site are trademarks of Easton and other eastonarchery.com graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Easton. Easton’s trademarks and trade dress may not be used in connection with any product or service that is not licensed or approved by Easton, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Easton. All other trademarks not owned by us that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Easton.
You must be thirteen (13) years or older to use this Site. If you are between the ages of 13 and 18, then you may only register for an account with the consent and assistance of your parent or legal guardian. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Easton. You may not frame or utilize framing techniques to enclose any our trademarks, logos or other proprietary information (including images, text, page layout or form) without our prior written consent. You may not use any metatags or any other “hidden text” utilizing any of our names or trademarks without our prior written consent. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of eastonarchery.com so long as the link does not portray us or our Services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Easton logos or other proprietary graphic or trademark as part of the link without our express written permission. You may not use this Site or our Services for any abusive or illegal purposes. You agree that your use of this Site and/or our Services will not violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to copyright laws). You expressly agree and acknowledge that you will not submit information to us that would be a violation of your (or your employer’s, as the case may be) policies, including without limitation, any data protection, privacy or security policies or any data privacy laws, rules or regulations.
YOUR PERSONAL ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts and remove or edit content at our sole discretion. You are responsible for properly cancelling your account. You can cancel your account at any time by contacting us at the addresses or telephone number listed in the “Contact Us” section below. If your account is terminated, your rights to use this Site and our Services will cease immediately. Termination is without prejudice to all other remedies available to us.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors to and users of this Site may post reviews, comments and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-mail or other content. We reserve the right (but not the obligation) to remove or edit such content but do not regularly review posted content.
If you do post content or submit material, unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You also grant us and our sublicensees the right to use the name that you submit in connection with such content, if we choose. You present and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assumes no liability for any content posted by you or any third party.
We attempt to be as accurate as possible regarding our product descriptions. However, we do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free. If a product offered by Easton is not as described, your sole remedy is to return it to the retailer where the product was purchased. If you need to return a video purchased on this Site, you may return it directly to us in its new, unused condition.
Easton reserves the right to change item prices without notice. All prices and transactions are in U.S. Dollars.
Parties other than Easton operate stores, provide services or sell product lines on their online store sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their web sites. We do not assume any responsibility and shall not be liable for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY EASTON ON AN “AS IS” AND “AS AVAILABLE” BASIS. EASTON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EASTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. EASTON DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM EASTONARCHERY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL EASTON OR ITS OWNERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR LOST PROFITS OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR ARISING FROM OR CONNECTED IN ANY WAY WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OF OUR SERVICES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to your visit to or use of this Site shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to indemnify, defend, and hold harmless, Easton and our respective owners, officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all claims, losses, expenses, judgment, damages and costs, and consequences of whatever nature, including reasonable attorneys’ fees, from any violation of this agreement by you or your violation of any rights of a third party. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Any claim related to this contract or this Site must be brought within one (1) year. The one-year period begins on the date when the claim first could be filed. If it is not, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
If you would like further information or have any concerns or questions about this Site, our Services, or this agreement, please contact us at:
By electronic mail at: firstname.lastname@example.org By post mail at: Easton Technical Products
5040 Harold Gatty Drive
Salt Lake City, UT 84116
By telephone at: 801-539-1400