Athletic Outfitters Website Terms and Conditions of Use
You must adhere to the terms and conditions for any use of the Athletic Outfitters Site ("Site" as defined below). These terms and conditions are a legal agreement between you, and Ski Den Sports, Inc. (dba "Athletic Outfitters") stating the terms that govern all orders from Athletic Outfitters and your use of this Site (the "Agreement"). Please read the entire Agreement carefully.
Use of the Site. You agree that your use of the Site or any services available on or through the Site constitutes acceptance of the terms and conditions herein. If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this Agreement on behalf of that business. Athletic Outfitters is relying on the fact that you are authorized to enter into this Agreement on behalf of that business. If at any time you do not agree to be bound by this Agreement, you must immediately stop using the Site.
Athletic Outfitters may from time to time amend, supplement or modify the terms of this Agreement. You must check this Agreement (available here) periodically for changes. Your continued use of the Site following the posting of any amendment, supplement or modification means that you accept and agree to it/them.
1. The Site. The Site includes everything posted on or provided through pages posted at http://www.athleticoutfittersmn.com or any other websites owned or controlled by Athletic Outfitters including, but not limited to the following general categories:
Content: Content encompasses everything you see, hear, or otherwise receive from, on or through the Site, including but not limited to all software, marketing tools, images, graphics, photographs, works, copyright-protectable subject matter, trademarks, service marks, trade dress logos, trade names, text, documents and sounds, and all services provided through the Site.
2. Use of the Site. You may access, use or download Content for your business only as specifically permitted on the Site, or for your personal, noncommercial purposes. These limited rights are granted to you as long as you:
Make only lawful use of the Site and the content.
Violate no rights or licenses of any third party.
Keep unchanged all copyright and other notices.
Protect the Content from unauthorized use, modification, reproduction, distribution or publication.
Do not portray Athletic Outfitters, or their products or services, in a false, misleading, derogatory, or offensive way.
Abide by all applicable local, state, federal, national and international laws, rules and regulations.
Send e-mails only to recipients with whom you have a prior business relationship.
Send no e-mails to recipients who have asked that you stop sending them e-mails.
Do not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of your services or of any Content.
Do not directly or indirectly access, use or download Content for the purpose of competing with Athletic Outfitters (e.g., scraping product data or user information).
You may not upload post, transmit, distribute or otherwise publish on or to the Site any of the following:
Software virus or other harmful component.
Advertising or commercial material of any kind, except as expressly authorized in advance by Athletic Outfitters.
False, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful material.
You may not interfere with the Site or any other user's use of the Site by, for example, overloading, flooding, mail-bombing or crashing the Site, sending spam of any kind through the site, or inserting any code or product or manipulating the Content in any way that affects any third party's experience of the Site.
Athletic Outfitters may, at its sole discretion, terminate your access to the Site if it believes that you have directly or indirectly violated all or portions of your obligations under this Section 2.
Athletic Outfitters does not warrant or represent that you or other customers are permitted to use any third party marks. Any use of third party marks must comply with any restrictions imposed by the mark owner, and is done at the customer's own risk. Athletic Outfitters is not responsible for the conduct of any person using the Site.
2. Use by Children. The Site is intended only for those ages 18 and older. If you are under 18, you may not register or submit personally identifiable information on, to or through the Site. Athletic Outfitters does not collect personally identifiable information from any person Athletic Outfitters knows to be under 18.
3. Links. Links from the Site to third party sites are provided only as a convenience. You use outside links at your own risk. These links do not constitute Athletic Outfitter's endorsement of any third party, its site, or its goods or services. Athletic Outfitters shall not be responsible for and hereby disclaims liability for any injury or damages you may experience by using third party materials. You may not create links to the Site that portray Athletic Outfitters in a false or misleading light. You may not use "framing" or similar techniques to enclose any portion of the Site. You may not link to any pages other than the Athletic Outfitters home page.
4. Image Library.. All images, photographs, pictures, designs and illustrations appearing in the Athletic Outfitters Image Library ("Images") are protected by copyright law and other applicable laws and regulations. Images in the Athletic Outfitters Image Library are intended for use by Athletic Outfitters customers only. By accessing the Athletic Outfitters Image Library, you represent and warrant that you are a customer of Athletic Outfitters and will at all times comply with all applicable laws, regulations, this Agreement and any other terms and conditions of use. You may not use Images in the Image Library for any purpose unrelated to your business with Athletic Outfitters. Images are updated from time to time. You may only use Images currently appearing in the Image Library and it is your responsibility to ensure that, at all times, you use current Images. Any Images not currently found in Image Library may not be used for any purpose. Use of model or other images that would be potentially unflattering, defamatory, libelous, or otherwise unlawful is strictly prohibited.
5. Intellectual Property. Unless otherwise noted, Athletic Outfitters owns or has licensed all Content, and any copyright, trademark, trade dress or other intellectual property which is protected under U.S. and international laws and treaties. The Site contains various protected trademarks, service marks, trade names and trade dress owned by Athletic Outfitters. Other trademarks used on the Site are the property of their respective owners. You may not use any Athletic Outfitters or other trademarks as part of your company name, corporate name, trade name or domain name.
6. Disclaimers and Liability Limitations. YOU USE THE SITE SOLELY AT YOUR OWN RISK. ATHLETIC OUTFITTERS PROVIDES INCLUDING WITHOUT LIMITATION THE CONTENT ON AN "AS-IS, WHERE-IS" BASIS, AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE TITLE, AND NONINFRINGEMENT AND ANY IMPLIED INDEMNITIES. IN NO EVENT WILL ATHLETIC OUTFITTERS OR ITS LICENSORS BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SANMAR PROPERTIES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF ATHLETIC OUTFITTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with the Site or any of the terms in this Agreement, your sole and exclusive remedy is to stop using the Site. Some states do not allow certain limitations on implied warranties or certain damages, so some of the above exclusions may not apply to you. You understand and agree that Athletic Outfitters would not make the Site available "but for" your agreement to these disclaimers and liability limitations, and that Athletic Outfitters is at all times relying on your agreement to these disclaimers and liability limitations when it provides you with access to and use of the Site.
7. Indemnification. You agree to defend, indemnify and hold harmless Athletic Outfitters and its affiliates, officers, directors, owners, agents, employees, contractors, licensees and licensors from and against any and all actual or threatened claims, damages, costs and expenses, including all costs, expenses and reasonable attorneys' fees (including without limitation, fees and costs incurred in a bankruptcy proceeding, whether or not a lawsuit is filed), arising from or related to your use of the Site, and for your violation of any of the terms or conditions contained in this Agreement.
8. Termination. Your failure to comply with any of the covenants, terms or conditions in this Agreement automatically revokes your authorization, right and license to use the Site, and terminates any and all rights granted to you hereunder. Various parts of this Agreement will continue in full force and effect upon termination of your rights, according to their nature, including restrictions, disclaimers, liability limitations and indemnification obligations. Upon termination, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of any Content. Athletic Outfitters may change, suspend or discontinue or restrict any Site feature at any time without prior notice.
9. Applicable Law and Dispute Resolution. This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Minnesota, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in Anoka County, Minnesota. The parties hereby consent to personal jurisdiction over them by the courts within Anoka County, Minnesota. The parties waive all objection and challenge to such venue and personal jurisdiction. In the event of a dispute hereunder, the prevailing party shall be entitled to recover its costs and expenses incurred, including reasonable attorneys' fees.
10. Miscellaneous. This Agreement constitutes the entire agreement between you and Athletic Outfitters regarding access to and use of the Site and governs your use of any Content superseding and entirely replacing prior agreements (if any) between you and Athletic Outfitters therefor. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Athletic Outfitter's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. Athletic Outfitters will not be responsible for failures to fulfill any obligations due to causes beyond its control. Athletic Outfitters obtains permission from other manufacturers and content owners to make their brands, logos, products and other content available to you through the Site. You agree that these owners that license their rights and content to Athletic Outfitters for the Site are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of this Agreement shall be in all cases construed as a whole according to its fair meaning and not strictly construed for nor against either party.
YOU HAVE READ, UNDERSTOOD AND APPROVED OF THIS AGREEMENT; YOU HAVE HAD AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL AND WITH SUCH OTHER EXPERTS OR ADVISORS AS YOU HAVE DEEMED NECESSARY IN CONNECTION WITH THIS AGREEMENT. THE FACT THAT ATHLETIC OUTFITTERS MAY HAVE DRAFTED ALL OR PORTIONS OF THIS AGREEMENT SHALL HAVE NO BEARING UPON ITS INTERPRETATION OR CONSTRUCTION.