TERMS OF USE

Last updated: April 2, 2019

THESE TERMS OF USE ARE THE LEGALLY BINDING CONTRACT BETWEEN YOU AND EASTON TECHNICAL PRODUCTS, INC. AND ITS AFFILIATES (“Easton,” “we”, “us”, or “our”), AND GOVERN YOUR ACCESS TO HTTPS://EASTONARCHERY.COM (this “Site”) AND ANY RELATED SERVICES WE PROVIDE TO YOU (our “Services”). PLEASE READ THESES TERMS CAREFULLY BEFORE SIGNING UP FOR OR USING THIS SITE OR OUR SERVICES.

Easton provides this Site and our Services to you subject to the following conditions. When you visit this Site, you accept these conditions. Please read them carefully. In addition, when you visit or purchase from any business affiliated with Easton, whether or not included in this Site, you also will be subject to the guidelines and conditions applicable to such service or business.  We reserve the right to update and change these Terms of Use from time to time and will provide notice to you by changing the “Last updated” date above.  It is your obligation to be familiar with the most current Terms of Use.  Continued use of this Site or our Services after any such updates or changes shall constitute your acknowledgement of and consent to such updates and changes.

You represent and warrant that you have the full right and power to enter into and fully perform this agreement in accordance with these Terms of Use. If you are using this Site or our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “You” will refer and apply to that company or other legal entity.

COPYRIGHT

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.

TRADEMARKS

“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.

SITE ACCESS

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.

PRODUCT DESCRIPTIONS

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.

PRICING

Easton reserves the right to change item prices without notice. All prices and transactions are in U.S. Dollars.

OTHER BUSINESSES

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.

All provisions of these Terms of Use relating to disclaimers of warranties and limitation of liability shall survive termination of this agreement.

APPLICABLE LAW

By visiting or otherwise using this Site, you agree that the laws of the state of Utah will govern these Terms of Use and any dispute of any sort that might arise between you and Easton, without regard to principles of conflict of laws and without reference to the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded. .

DISPUTES

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.

INDEMNIFICATION

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

Please review all policies posted on this Site. These policies govern your visit to eastonarchery.com. We reserve the right to make changes to this Site, our policies and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

NON-U.S. USERS

If you are in located outside the United States of America then by using this Site, you understand and consent to the processing of personally identifiable information on secure servers within the United States of America. For non-U.S. users, European Union General Data Protection Regulation (GDPR) compliance can also be found in our Privacy Policy.

PRIVACY POLICY

See our Privacy Policy at https://eastonarchery.com/privacy for information about our collection and use of your personally identifiable information (including “cookies”). This Privacy Policy is expressly incorporated into these Terms of Use.  For non-U.S. users, European Union GDPR compliance information can also be found in our Privacy Policy.

GENERAL

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this agreement shall continue in effect.  All rights not expressly granted herein are reserved.

No failure to exercise or enforce any right or provision of these Terms of Use shall constitute a waiver of such right or provision.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent, which shall not be unreasonably withheld. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. We may assign or transfer these Terms of Use, at our sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

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.

Neither party shall be responsible for any failure to perform or delay in performing any of its respective obligations under these Terms of Use, except for payment obligations, where and to the extent that such a failure or delay results from causes beyond the control of such party. Such causes shall include, without limitation, delays caused by the other party, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like.

These Terms of Use are the entire and exclusive understanding and agreement between you and us regarding this Site and our Services, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between you and us regarding this Site and our Services.

CONTACT US

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: [email address] (suggest adding an email like termsofuse@eastonarchery.com)

By post mail at:  Easton Technical Products
5040 Harold Gatty Drive
Salt Lake City, UT 84116

By telephone at: 801-539-1400

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