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Terms of Use
These Terms of Use are effective as of May 12, 2025. Recent updates include information on our mobile messaging program (August 11, 2021) and clarification of the text messaging program and unsolicited submission process (July 2021).
Accessibility
Sportingers is committed to ensuring the accessibility of its Terms of Use and online platforms (“Properties”). If you experience difficulty accessing any content or functionality, please contact our Customer Service via our Contact Us page.
Dispute Resolution Notice
These terms outline specific procedures for resolving disputes related to your use of our online services. Section 22 explains arbitration requirements, which mandate that disputes be resolved individually through arbitration rather than court litigation or class action suits.
Important Warranty Disclaimers and Liability Limitations
Sections 17 and 18 contain essential disclaimers and limitations regarding our liability. Please review these sections carefully.
Welcome to Sportingers. These Terms of Use (“Terms”) govern your interaction with our website www.sportingers.com and associated mobile applications, collectively referred to as the “Properties.” The Properties are owned by Sportingers, Inc. (“Sportingers,” “we,” “us,” “our”). Your use of our services is subject to these Terms, which may be periodically updated. Continued use of our services signifies your acceptance of any changes made.
Detailed Table of Contents:
By accessing and using the Sportingers website, mobile application, or any associated services (collectively, the “Properties”), you expressly acknowledge and agree that you have carefully read, fully understood, and consent to be legally bound by these Terms of Use. If you do not agree with any part of these Terms of Use, you are prohibited from accessing or utilizing the Properties.
Sportingers reserves the right, at its sole discretion, to modify, amend, or update these Terms of Use at any time without prior notice. If substantial changes occur, we will notify you by posting a prominent notice on our Properties, updating the Terms of Use page, or directly via email (sent to the email address registered to your account, if applicable) before or at the time these changes become effective.
It is your responsibility to regularly check the date listed at the top of these Terms of Use to remain informed of any modifications since your last visit. Your continued access or use of the Properties after such updates are published constitutes your explicit acceptance of and agreement to be bound by these revised terms. Any interaction with the Properties will always be subject to the version of the Terms of Use effective at the moment of your access or use.
Certain aspects of these Terms of Use may be overridden or replaced by explicitly stated legal notices, specific rules, or additional terms prominently displayed on particular pages or sections of Sportingers’ websites or mobile applications (collectively, the “Properties”). Furthermore, when participating in promotions, discounts, coupons, or other special offers (“Offer(s)”) provided by Sportingers, you may need to agree explicitly to supplementary terms and conditions (“Additional Terms”).
Such Offers could include extra rules, conditions, or limitations implemented either directly by Sportingers or by participating third parties, including vendors, brands, or merchants associated with or sponsoring the Offers. Examples of these conditions may include specific merchandise exclusions, limitations on delivery methods, altered shipping costs, variations in availability, or restrictions linked to membership programs.
Your participation in, redemption of, or use of any Offer constitutes your explicit and unconditional agreement to these Additional Terms. In cases where there is a direct conflict between the Additional Terms provided with an Offer and these general Terms of Use, the specific Additional Terms associated with that Offer will take precedence. Any non-conflicting terms within these general Terms of Use will remain fully applicable. For clarity, the absence or silence on a particular topic in either these Terms of Use or Additional Terms does not imply a conflict or contradiction between the two.
If an Offer does not explicitly include Additional Terms, then these general Terms of Use will apply exclusively. Under these general Terms, unless specifically prohibited by applicable law, any Offer:
Additionally, certain Offers provided by Sportingers may take the form of vouchers or promotional codes. If you purchase a voucher that includes promotional value beyond what you initially paid, you may redeem the promotional value only until the specified expiration date. After expiration, the voucher remains valid only for the original amount paid, unless otherwise noted by Sportingers.
Sportingers reserves the explicit right, at its sole discretion, to limit, modify, or cancel any Offer or related order at any time and without prior notification, including after an Offer has been redeemed or an order has been placed.
The content and information available on Sportingers websites, mobile applications, or any associated platforms (collectively, the “Properties”) may be utilized solely for informational, personal, or other expressly authorized purposes. By accessing and using the Properties, you explicitly represent and guarantee the following:
Sportingers may offer products intended for children; however, all merchandise sold through the Properties is intended exclusively for purchase by adults. The Properties are general-audience platforms and are not specifically targeted towards individuals under the age of 16.
The Properties are designed primarily for residents of the United States or individuals outside the United States who explicitly agree to adhere to U.S. laws, these Terms of Use, and our Privacy Policy while accessing or using the Properties. If you are located within the European Economic Area (“EU”), please visit our dedicated EU website or contact our customer service for appropriate guidance.
By accessing or utilizing the Properties, you also represent and warrant either:
Use of or access to the Properties from locations or jurisdictions where such access or use is prohibited or restricted by law is strictly forbidden.
You may not use the Sportingers website, mobile applications, or associated services (collectively, the “Properties”) for any unauthorized, illegal, or unlawful purpose. Any violation of these Terms or unauthorized use of the Properties will immediately terminate your right to access or use our services and may result in legal action against you. Sportingers reserves the right, at its sole discretion, to take appropriate legal action and remove any unauthorized content or links without prior notice.
The following activities are explicitly prohibited on the Properties, though this list is illustrative and not exhaustive:
Sportingers Rewards is a customer loyalty program offering discounts redeemable on future purchases through the Properties or other websites operated by Sportingers and its affiliates. Membership in Sportingers Rewards is free of charge; however, earning and redeeming points requires you to register and maintain an active customer account associated with a valid email address. You must also be logged into your account at checkout to earn and redeem Rewards points.
Key Conditions of the Sportingers Rewards Program:
Sportingers reserves the right, at its sole discretion, to modify, discontinue, or adjust the terms and conditions of the Sportingers Rewards program at any time and without prior notice.
Sportingers Rewards is a trademark of Sportingers and its affiliated entities.
The Sportingers website, applications, or associated platforms (collectively, the “Properties”) may contain links or other methods of accessing third-party websites, services, products, or content (“Third-Party Sites”). Such Third-Party Sites might also include other platforms we own or operate, including social media channels like Facebook, Instagram, Twitter, and Pinterest (“Other Platforms”), as described further in section 11.
Please note:
For your protection and understanding, we strongly encourage you to review the individual terms of use and privacy policies of each Third-Party Site you choose to access.
Your use of the Properties constitutes your express agreement to the collection, use, and sharing of your information, including personal information, as detailed explicitly in our Privacy Policy (“Privacy Policy”). The Privacy Policy forms an integral part of these Terms of Use and is fully incorporated by reference. Please read it carefully to understand your privacy rights and how we manage your data.
Sportingers strives to ensure accuracy regarding all products and services featured on the Properties. However, the inclusion of any product or service does not guarantee continuous availability, nor does it imply a warranty regarding the accuracy or completeness of product descriptions, features, or pricing.
Specific details to consider:
By placing an order through Sportingers, you expressly confirm and agree:
Sportingers retains the absolute right, at its sole discretion and without prior notice, to:
Receipt of an order confirmation does not signify acceptance of your order nor confirmation of our offer to sell. Acceptance of your order occurs only when the product is shipped.
Regarding shipping and delivery:
All content and materials available on the Properties—including text, images, graphics, logos, icons, videos, audio clips, software, and other proprietary elements—are protected by copyright, trademark, patent, and other applicable intellectual property laws.
The Properties or Other Platforms (such as social media sites managed by Sportingers) may allow users to post or submit content, including photos, videos, artwork, text, reviews, comments, questions, or suggestions (“User Content”).
By posting or submitting User Content, you explicitly acknowledge and agree to the following conditions:
Materials, including User Content, may be posted or made available on the Sportingers platforms (“Properties”) by users and third parties. Sportingers does not routinely screen content for illegal or unauthorized material. However, we are committed to respecting the intellectual property rights of others and will promptly remove content that we determine infringes upon copyright.
If you believe your copyrighted work has been infringed on our Properties, please submit a written notice containing:
Please submit DMCA notices to our designated agent:
Sportingers Legal Department
[Insert Address Here]
[City, State, Zip Code]
Or via email to: legal@sportingers.com (Subject: DMCA Notice)
Sportingers does not accept unsolicited ideas or suggestions related to advertising, promotions, product merchandising, improvements, or operational methods. We may already be pursuing similar concepts internally.
If you choose to submit unsolicited ideas despite this policy:
Sportingers reserves the right, in its sole discretion, to limit, suspend, or terminate your access to the Properties or Other Platforms at any time and without prior notice, with or without cause. This includes terminating your account and your ability to post User Content.
Additionally, Sportingers may report any illegal activities, including your identity or actions, to appropriate law enforcement authorities.
These Terms of Use remain in effect for as long as you access or use the Sportingers Properties or maintain an active account with us.
Upon termination of your account or cessation of use, certain provisions of these Terms—including but not limited to Sections 2 (Additional Terms), 7 (Privacy Policy), and 12-21 (Legal Notices)—will survive and continue to apply indefinitely as allowed by law.
You agree to indemnify, defend, and hold harmless Sportingers, our affiliates, subsidiaries, licensors, suppliers, officers, agents, partners, and employees (“Sportingers Parties”) from and against any claims, losses, liabilities, damages, expenses, or demands, including reasonable attorney’s fees, arising from:
YOUR USE OF THE SPORTINGERS PROPERTIES IS ENTIRELY AT YOUR OWN RISK. THE PROPERTIES, INCLUDING CONTENT, MATERIALS, AND SERVICES, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, SPORTINGERS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPORTINGERS DOES NOT WARRANT THAT THE PROPERTIES WILL OPERATE UNINTERRUPTED, BE ERROR-FREE, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER FORMS AN ESSENTIAL PART OF THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPORTINGERS AND THE SPORTINGERS PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REPUTATION LOSS, OR INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PROPERTIES OR PRODUCTS OFFERED THEREIN.
FURTHER, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF SPORTINGERS EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO SPORTINGERS FOR THE PRODUCTS OR SERVICES RELATED TO THE CLAIM IN THE PRIOR TWELVE (12) MONTHS, OR (B) TEN UNITED STATES DOLLARS ($10).
Through the Properties, you may interact with third-party vendors, service providers, or advertisers. You acknowledge:
Software or applications provided by Sportingers (“Software”) are subject to United States export control laws and regulations. You agree not to export or re-export the Software in violation of U.S. export laws. Any downloading, installation, or use of Software is at your own risk.
These Terms of Use and any disputes arising from your use of the Properties are governed exclusively by the federal laws of the United States and the state laws of Delaware, regardless of conflict of law principles or your geographic location.
PLEASE READ CAREFULLY—THIS IMPACTS YOUR RIGHTS:
Any dispute or claim relating to the Sportingers Properties shall be resolved exclusively through binding arbitration under American Arbitration Association (AAA) rules. You agree that:
If arbitration is not legally permitted, you agree to resolve disputes in Delaware courts and waive any jury trial rights.
If you participate in Sportingers’ mobile messaging program by providing your mobile number and opting-in, you explicitly consent to our Messaging Terms & Conditions. Please refer to these terms at the appropriate link or contact us directly for further details.
Sportingers
[Company Address]
[City, State, Zip Code]
Email: support@sportingers.com
Phone: [Customer Service Phone Number]
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