| Product | Subtotal |
|---|---|
| Auto Rest - Green × 1 | $120.00 |
| Subtotal | $120.00 |
| Shipping |
|
| Tax | $0.00 |
| Total | $127.00 |
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Last updated April 1, 2022
AGREEMENT TO
TERMS
These Terms of Use constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (“you”) and
Pulse Archery (“Company“, “we”, “us”, or “our”),
concerning your access to and use of the http://www.pulsearchery.com
website as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree that by accessing the Site, you have
read, understood, and agreed to be bound by all of these Terms of Use. IF YOU
DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Site from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of
these Terms of Use, and you waive any right to receive specific notice of each
such change. It is your responsibility to periodically review these Terms of
Use to stay informed of updates. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any revised Terms
of Use by your continued use of the Site after the date such revised Terms of
Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA),
Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Site. You
may not use the Site in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
The Site is intended for users who are at least 13 years
of age. All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Site. If you are a minor,
you must have your parent or guardian read and agree to these Terms of Use
prior to you using the Site.
INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content and
the Marks are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use, no part of the
Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
USER
REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Terms of Use; (4)
you are not under the age of 13; (5) you are
not a minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Site; (6) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Site for any illegal or unauthorized
purpose; and (8) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Site
(or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree
to keep your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username
is inappropriate, obscene, or otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible
the colors, features, specifications, and details of the products available on
the Site. However, we do not guarantee that the colors, features, specifications,
and details of the products will be accurate, complete, reliable, current, or
free of other errors, and your electronic display may not accurately reflect
the actual colors and details of the products. All products are subject to
availability, and we cannot guarantee that items will be in stock. We reserve
the right to discontinue any products at any time for any reason. Prices for
all products are subject to change.
PURCHASES AND
PAYMENT
We accept the following forms of payment:
– PayPal
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Site. You
further agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in U.S.
dollars.
You agree to pay all charges at the prices then in effect
for your purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon placing your
order. We reserve the right to correct any errors or mistakes in pricing, even
if we have already requested or received payment.
We reserve the right to refuse any order placed through
the Site. We may, in our sole discretion, limit or cancel quantities purchased
per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors.
RETURN POLICY
Please review
our Return Policy posted on the Site prior to making any purchases.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other
than that for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Site, you agree not to:
USER
GENERATED CONTRIBUTIONS
The Site does
not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, including
but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
“Contributions”). Contributions may be viewable by other users of the
Site and through third-party websites. As such, any Contributions you transmit
may be treated in accordance with the Site Privacy Policy. When you create or
make available any Contributions, you thereby represent and warrant that:
Any use of
the Site or the Marketplace Offerings in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination or suspension
of your rights to use the Site and the Marketplace Offerings.
CONTRIBUTION
LICENSE
You and Site agree that we may access, store, process,
and use any information and personal data that you provide following the terms
of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding
your Contributions.
MOBILE
APPLICATION LICENSE
Use License
If you access
the Marketplace Offerings via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and use the
mobile application on wireless electronic devices owned or controlled by you,
and to access and use the mobile application on such devices strictly in
accordance with the terms and conditions of this mobile application license
contained in these Terms of Use. You shall not: (1) decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the
application; (2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the application; (3) violate any
applicable laws, rules, or regulations in connection with your access or use of
the application; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors
of the application; (5) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is not designed
or intended; (6) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same
time; (7) use the application for creating a product, service, or software that
is, directly or indirectly, competitive with or in any way a substitute for the
application; (8) use the application to send automated queries to any website
or to send any unsolicited commercial e-mail; or (9) use any proprietary
information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
Apple and
Android Devices
The following
terms apply when you use a mobile application obtained from either the Apple
Store or Google Play (each an “App Distributor”) to access the Marketplace
Offerings: (1) the license granted to you for our mobile application is limited
to a non-transferable license to use the application on a device that utilizes
the Apple iOS or Android operating systems, as applicable, and in accordance
with the usage rules set forth in the applicable App Distributor’s terms of
service; (2) we are responsible for providing any maintenance and support
services with respect to the mobile application as specified in the terms and
conditions of this mobile application license contained in these Terms of Use
or as otherwise required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any maintenance and
support services with respect to the mobile application; (3) in the event of
any failure of the mobile application to conform to any applicable warranty,
you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any,
paid for the mobile application, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application; (4) you represent and
warrant that (i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government as a
“terrorist supporting” country and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the mobile application,
e.g., if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the mobile application; and
(6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license
contained in these Terms of Use, and that each App Distributor will have the
right (and will be deemed to have accepted the right) to enforce the terms and
conditions in this mobile application license contained in these Terms of Use
against you as a third-party beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site or the
Marketplace Offerings (“Submissions”) provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
SITE
MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Site for violations of these Terms of Use; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site and the
Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. By using the
Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy
posted on the Site, which is incorporated into these Terms of Use. Please be
advised the Site and the Marketplace Offerings are hosted in the United States.
If you access the Site or the Marketplace Offerings from any other region of
the world with laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in the United States, then
through your continued use of the Site, you are transferring your data to the
United States, and you expressly consent to have your data transferred to and
processed in the United States. Further, we do not knowingly accept,
request, or solicit information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy Protection
Act, if we receive actual knowledge that anyone under the age of 13 has
provided personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Site as quickly as
is reasonably practical.
TERM AND
TERMINATION
These Terms of Use shall remain in full force and effect
while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE
MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason,
you are prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of the Marketplace
Offerings without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the
Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings
will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site or the Marketplace
Offerings at any time or for any reason without notice to you. You agree that
we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site or the Marketplace Offerings during
any downtime or discontinuance of the Site or the Marketplace Offerings.
Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or the Marketplace Offerings or to supply any corrections,
updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site and the
Marketplace Offerings are governed by and construed in accordance with the laws
of the State of Georgia applicable to agreements made and to be entirely
performed within the State of Georgia, without regard to its conflict
of law principles.
DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Terms of Use (each a
“Dispute” and collectively, the “Disputes”) brought by either you or
us (individually, a “Party” and collectively, the “Parties”), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes (“AAA Consumer Rules”), both of which
are available at the AAA website www.adr.org. Your
arbitration fees and your share of arbitrator compensation shall be governed by
the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer
Rules. The arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in writing,
but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if
the arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place in
Fulton, Georgia. Except as otherwise provided herein, the Parties may litigate
in court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in court rather
than arbitration, the Dispute shall be commenced or prosecuted in
the state and federal courts located in Fulton, Georgia, and
the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction
in such state and federal courts. Application of the United Nations Convention
on Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party
related in any way to the Site be commenced more than one (1) years after the
cause of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited
to the Dispute between the Parties individually. The the full extent permitted
by law, (a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.
CORRECTIONS
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions that may relate to the Marketplace
Offerings, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time,
without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US
STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) use of the Site; (2) breach of
these Terms of Use; (3) any breach of your representations and warranties set
forth in these Terms of Use; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5) any overt
harmful act toward any other user of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the
Site for the purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we
shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss or
corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved,
you can contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing at 1625
North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms of Use and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of signing by the parties
hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site, please contact us at:
Pulse Archery
1324 Union Hill Road, Suite B
Alpharetta, GA 30004
United States
Phone: (470) 545-2352
