Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by PG, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
PG grants you a non-exclusive, non-transferable, limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of PG. This license allows people searching for unique products and gifts to purchase those products for personal use. Users are further prohibited from making any derivative use of the Site or its Content; downloading or copying any account information or listing information for the benefit of any third party; or using any “robots,” “spiders,” or similar data-gathering, data-mining, or data extraction tools. All content on the Site is the property of PG, and no portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PG. Any unauthorized use terminates the permission or license granted by TIWIB and may result in both civil and criminal liability.
Your SportsmansMarketplace.com Account. If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not add links to the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and PG may change or remove any link that it considers inappropriate or unlawful, or otherwise likely to cause PG liability. You must immediately notify PG of any unauthorized uses of your account or any other breaches of security. PG will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Registered Users of the Site may post reviews and comments of a product or service purchased via the Site, so long as the Content is not illegal, obscene, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain commercial solicitation, mass mailings, or any form of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise mislead as to the origin of the remarks. PG reserves the right (but is not obligated) to remove or edit such Content, but does not regularly review posted Content.
If you post a review or submit comments, and unless PG indicates otherwise, you grant PG 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 grant PG and sublicensees the right to use your name in connection with such Content, if they choose. You represent 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 PG for all claims resulting from Content You supply. PG has the right but not the obligation to monitor and edit or remove any activity or Content. PG takes no responsibility and assumes no liability for any content posted by You or any third party.
3. Responsibility of Website Visitors
PG has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, PG does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PG disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted.
4. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SportsmansMarketplace.com links, and that link to SportsmansMarketplace.com. PG does not have any control over those non-SportsmansMarketplace.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-SportsmansMarketplace.com website or webpage, PG does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PG disclaims any responsibility for any harm resulting from your use of non-SportsmansMarketplace.com websites and webpages.
5. Copyright Infringement and DMCA Policy
If you believe that material located on or linked to by SportsmansMarketplace.com violates your copyright, you are encouraged to notify PG in accordance with PG’ Digital Millennium Copyright Act (“DMCA”) Policy. PG will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PG will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PG or others. In the case of such termination, PG will have no obligation to provide a refund of any amounts previously paid to PG.
6. Electronic Communication
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements notices, disclosure, and other communicates that we provide to you electronically satisfy any legal requirements that such communications be in writing.
7. Intellectual Property
This Agreement does not transfer from PG to you any PG or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PG. PG, SportsmansMarketplace.com, the SportsmansMarketplace.com logo, and all other trademarks, service marks, graphics and logos used in connection with SportsmansMarketplace.com, or the Website are trademarks or registered trademarks of PG or PG' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PG or third-party trademarks. All content included on this Site, such as text, graphics, logos, icons, images, data compilations, and software, is the property of PG 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 PG and protected by U.S. and international copyright laws. All software used on this Site is the property of PG or its software suppliers and protected by U.S. and international copyright laws.
PG reserves the right to display advertisements on SportsmansMarketplace.com and your account.
PG reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PG may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
PG may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SportsmansMarketplace.com account (if you have one), you may simply discontinue using the Website.
11. Disclaimer of Warranties
The Website is provided “as is”. PG and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PG nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, you understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability
In no event will PG, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. PG shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty
You agree to defend, indemnify, and hold harmless TIWIB, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal, accounting, and other service provider fees, alleging or resulting from (i) any Content of other material You provide to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. TIWIB shall provide notice to You promptly of any such claim, suit, or proceeding.
This Agreement constitutes the entire agreement between PG and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PG, or by the posting by PG of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Montana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Missoula County, Montana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Missoula, Montana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PG may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.