Effective as of November 14, 2013
We may discontinue or alter any aspect of the Products, remove Content, restrict the time the Products are available or restrict the amount of use permitted, at our sole discretion and without prior notice or liability.
You may register an account in order to access certain aspects of the Products. If you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify us if (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant a particular username to you for any reason, including, without limitation, if we determine that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the Products may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by us or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. "Content" includes Subscription Content and User Content (defined below).
Users may post content via the Products (other than Feedback (defined below) (collectively, "User Content"). The User Content is the intellectual property of the specific users who post such User Content and their licensors, if any. We do not claim any ownership rights in the User Content. By posting User Content, you grant us a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
We do not generally monitor or otherwise remove User Content after it is posted except under certain limited circumstances as required or permitted by law or otherwise in our sole discretion. You can ask that we remove your User Content by contacting us at privacy@ShotTracker.com. If we agree, in our sole discretion, to remove your User Content, it may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations; (b) such User Content has been retained in our data backup systems or for archival purposes; or (c) to the extent such User Content has been downloaded by other persons and such persons retain your User Content.
We love to hear from you, and welcome your comments and feedback regarding the Products (collectively, "Feedback"). If you submit Feedback to us, please note that your Feedback becomes our property, and you irrevocably assign all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback to us on a worldwide basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.
We may allow you to purchase products, subscriptions and/or services via the Products or through our third-party affiliate. If you place an order to purchase products, subscriptions and/or services, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party website make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party website. By making such purchases, you hereby agree that we have no responsibility, and shall have no liability, for any claim related to your purchases on such third-party websites.
Upon placing an order, you will pay us the purchase price as set forth in the "Shopping Cart" or similar ordering mechanism. We may use third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order.
Prices and availability are subject to change without notice. We will correct errors were discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, we will issue you the appropriate credit within a reasonable time after your order has been revoked.
If you purchase a product that must be shipped to you, we, or our third-party contractors, will ship your order within a reasonable time after processing. Shipment time will vary depending on the shipping method and service you select. We cannot guarantee delivery at any certain time and is not responsible for shipping delays.
If you purchase products that embody or otherwise contain Content, you agree to the following restrictions regarding such products and the Content or other information contained in the Content: (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (d) you will not obscure or remove any proprietary rights notices contained in or on the Content.
If you are unsatisfied with your purchase from ShotTracker™ for any reason, you have 14 days from the date of delivery to request a full refund. You may return any product purchased on ShotTracker™ ("Product"). Please retain all of your original packaging until you are sure that you will be keeping your purchase. To qualify for a refund, all the following conditions must be met:
To request a refund, please email email@example.com.
Shipping and handling charges, and taxes paid (e.g., state, customs, VAT) are not refundable.
We use reasonable efforts to maintain the Products, but we are not responsible for any defects or failures associated with the Products, any Content, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Products may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which we may undertake from time to time, or (c) causes beyond our control or which are not foreseeable.
We do not provide a backup service for storing User Content, and we have no liability regarding any loss of User Content. You are solely responsible for creating backups of your User Content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE PRODUCTS, THE CONTENT AND ANY SERVICES PROVIDED BY US ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE PRODUCTS, THE CONTENT, OR ANY SERVICES WE PROVIDE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED FROM US WILL MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE PRODUCTS, THE CONTENT OR ANY SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO FROM US OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE PRODUCTS, THE CONTENT OR ANY SERVICES. IF YOU ARE DISSATISFIED WITH THE PRODUCTS, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE PRODUCTS AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PRODUCTS, THE CONTENT OR ANY SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that we and our personnel, if any, are independent contractors, and neither of us has any right, power or authority to act or create any obligation, express or implied, on behalf of the other.
We make no representation that the Products, Content or other material or information on the Products is appropriate to or available in locations outside of the United States. You may not use the Products or export Content in violation of United States export laws, regulations or restrictions. If you access the Products from outside of the United States, you are responsible for compliance with all applicable laws.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information: