Terms
of Use
Updated and Effective as of February 22, 2017
Welcome and thank you for
visiting this site, which is owned and operated by Dick's Sporting Goods, Inc.
and its Family of Businesses,
including Affinity Sports (collectively, "DICK'S", "Us"
“our” or "We"). These Terms of Use (these "Terms")
are provided by DICK'S and are applicable to all DICK'S digital operations at
or through our websites, our mobile/tablet sites, our social media presence, our
Scorecard program, our applications, and our stores/locations (individually a “Site”
and collectively, the “Sites” ). The Sites are the property of DICK'S,
and We provide these Terms subject to the following conditions. Visitors to
our Sites are sometimes referred to in these Terms as “you” or “your” and you
and we together are sometimes referred to as the “parties”.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING A SITE. YOUR ACCESS AND/OR
USE OF A SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF
YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS A SITE.
Notice Regarding Dispute Resolution: These Terms
contain provisions that govern how claims you and DICK’S (or any member of the
Family of Businesses) have against each other relating to the Sites are
resolved (see Section 21 on “Arbitration” below), including an obligation to
arbitrate disputes, which will, subject to limited exceptions, require you to
submit claims you have against us to binding arbitration, unless you opt-out in
accordance with Section 21, “Arbitration,” below.
Table of Contents
1. Effective Date/Revisions to these Terms
2. Additional Terms
3. Privacy
4. Use of the Sites and License
5. Restrictions on Use of the Sites
6. Account
7. Content, Pricing and Accuracy
8. Applicable Law
9. Shipping Limitations
10. Confirmation, Cancellation and Coupons
11. Intellectual Property
12. User Content Posted by You
13. User Content Posted by Others
14. Third Party Links
15. Disclaimers
16. Limitations of Liability
17. Indemnity
18. Copyrights
19. Counter-Notice
20. Disputes, Choice of Law, and Jurisdiction
21. Arbitration
22. Admissibility
23. Waiver and Severability
24. Entire Agreement
25. Termination
26. Additional Assistance
1.
Effective Date/Revisions to these Terms. These
Terms are effective as of the date set forth above. DICK'S may revise these
Terms at any time and from time to time. We will notify you of changes to these
Terms by posting the amended terms on the Sites at least thirty (30) days
before the effective date of the changes. If you have provided us with your
email address, we will also notify you of any material changes to these Terms
that adversely affect your rights by sending an email at least thirty (30) days
before the effective date of the changes to the email address you most recently
provided to us. We encourage you to keep the email address you provide to us
current, and to promptly notify us of any changes to your email address, so
that you may receive any notices we send to you regarding material changes to
these Terms. If you do not agree to any revisions to these Terms, you should
stop using the Sites, and if you are a registered user, you may cancel your
account with us within the thirty (30) day period by contacting us at Customer.Service@dickssportinggoods.com, and
you will not be bound by the new terms. Otherwise, the new terms will take
effect thirty (30) days after our posting of the change. Our employees do not
have the right to modify these Terms orally or otherwise. If any employee of
ours offers to modify the provisions of these Terms except using the process
described above, he or she is not acting as an agent for us or speaking on our
behalf.
2. Additional
Terms. Certain provisions of these Terms may be superseded by
expressly designated legal notices, rules or other terms located on particular
pages of a Site (the "Additional Terms"), including contests, sweepstakes, promotions, or other similar features and the terms of our mobile application, Scorecard and our team sports or event Sites. Your use of such pages or download or use of our mobile application, registration for a Scorecard account, use of our team sports or event Sites or creation of an account for one of our team sports or event Sites we host on behalf of a national, state or local sports governing body, league, club, team or other organization (each, an “Organization”) confirms your unconditional acceptance of the Additional Terms. If these Terms conflict with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of a Site; however the arbitration provisions in Section 21 of these Terms shall apply to the Additional Terms. Use of our mobile applications and our team sports or event Sites (such as Affinity, Blue Sombrero, and GameChanger) are also subject to the terms of the separate license agreements for such Sites as found on such Sites and may be subject to separate terms entered into by the applicable Organization, which are in addition to these Terms.
3. Privacy. Our Privacy Policy applies
to your access and use of the Sites, including any personal information
provided via the Sites or via any other aspect of the Sites. The terms and
conditions of our Privacy Policy are
hereby incorporated by reference into these Terms. In addition, the Privacy
Policy is subject to the terms and conditions of these Terms and in the event
of conflict between these Terms and the Privacy Policy, these Terms shall
govern and prevail.
4.
Use of the Sites and License. The Sites are general
purpose sites and are not targeted towards children under the age of thirteen
(13). By accessing or using the Sites, including by registering an account on a
Site, you represent and warrant that you are eighteen (18) years of age or
older (or age of majority if higher in your place of residence). If you are
under the age of eighteen (18) or age of majority if higher in your place of
residence, you should use the Sites only with the involvement of a parent or
guardian. Subject to your compliance with these Terms, We grant you a personal,
non-exclusive, non-transferrable, limited privilege to access and use the Sites
solely for your personal, non-commercial use. This privilege does not include
any resale or commercial use of the Sites. We may revoke your access and use of
a Site at any time (including if you violate these Terms), and nothing herein
constitutes a representation that the Sites will be available to you for your
access or use.
5.
Restrictions on Use of the Sites. You
agree that you will access and use the Sites only in a lawful manner and only
in accordance with these Terms. Additionally, you agree that you will not:
a.
Gain access, or attempt to gain access, to any portion of a
Site, or any systems or networks connected to a Site, by hacking, password
mining or any other illegitimate or unlawful means;
b.
Create or maintain any link from another website to any page on a
Site without DICK'S prior written permission;
c.
Run or display a Site (or any material on a Site) in frames or
through similar means on another site, application or location, without DICK'S
prior written permission;
d.
Modify the information or materials located on a Site in any way
or reproduce or publicly display, perform, or distribute or otherwise use any
such materials for any public, non-personal or commercial purpose;
e.
Use any deep-link, page-scrape, robot, spider, website search
application or other automatic device, program or methodology, or any similar
or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce
or index a Site, or any portion of a Site;
f.
Collect any data or information regarding users and/or devices,
including usernames, personal information, preferences, email addresses or
accounts;
g.
Create or transmit unsolicited electronic communications, such
as spam, use any device, software or routine to interfere or attempt to
interfere with the proper working of a Site, or otherwise interfere with users'
enjoyment of a Site;
h.
Transmit or upload to a Site any item containing or embodying
any virus, worm, defect, trojan horse, software bomb or other harmful or
malicious code or feature that does or could interfere with, damage or degrade
in any manner the performance or security of a Site or adversely affect a user;
i.
Take any action that imposes, in our sole discretion, an
unreasonable or disproportionately large load on a Site or the IT infrastructure
used to operate a Site;
j.
Submit or post to a Site any content that is unlawful or
facilitates, constitutes, promotes or encourages illegal activity or otherwise
use a Site to transfer, communicate or store illegal material;
k.
Scan or test the vulnerability of a Site or any network
connected to a Site;
l.
Access or use a Site or any User Content (as defined below) in
any manner which would violate any applicable local, state, federal or
international law (including any laws regarding the export of data or software
to and from the United States or other countries); or
m. Attack a
Site via a denial-of-service attack or a distributed denial-of-service attack
or similar means.
6.
Account. You may be required to create an account to access or use
certain areas of a Site or you may elect to create an account. If you choose to
create an account, you are responsible for maintaining the confidentiality of
your account (including your username and password information), and also for
restricting access to such information, your account and your device. You agree
to accept responsibility for all activities that occur under your account or
password. Additionally, you agree to notify Us immediately of any unauthorized
access or use of your account or password, or any other breach of security.
We reserve the right, including if We become aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18) (or age of majority if higher in your place of residence), you may not have an account and you may use the Sites only with the involvement of a parent or guardian.
Should We
determine that your account information may be compromised due to your personal
device being infected with a virus, malware, other malicious code, or due to
other theft of your account information, We reserve the right to invalidate,
delete, or otherwise modify your account in order to protect your account, the
accounts of account holders, and other DICK’S systems from further damage or
exposure. This may include proactively changing your password. Should this need
arise, We will make reasonable efforts to inform you of any modifications made,
via the email address listed for your account.
7.
Content, Pricing and Accuracy. All features, content,
availability, specifications, products and prices of products and services
described or depicted on the Sites are subject to change at any time without
notice. The inclusion of any products or services on a Site at a particular
time does not imply or warrant that these products or services will be
available at any time. Certain weights, measures and similar descriptions are
approximate and are provided for convenience purposes only. We attempt to
ensure that information on the Sites is complete, accurate and up-to-date,
including the applicable colors; however, the actual color you see depends on
your device set-up, and We cannot guarantee that your device will accurately
display such colors. Despite our efforts, the information on the Sites may
occasionally be inaccurate, incomplete or out-of-date. We make no representation
as to the completeness, accuracy or currency of any information on the Sites.
For example, products or services included on a Site may be unavailable, may
have different attributes than those listed, or may carry a different price
than what is stated on the Site. In the event of a pricing error or discrepancy
on a Site with respect to products or services, We reserve the right to cancel
any orders (or partial orders) for such products or services.
8.
Applicable Law. By registering for an account
or placing an order, you represent that the products or services ordered will
be used only in a lawful manner and as intended by such manufacturer. The Sites
are not intended to subject DICK'S to the laws or jurisdiction of any state,
country or territory other than that of the United States, and We do not
represent or warrant that the Sites or any part thereof is appropriate or
available for use in any jurisdiction besides the United States. It is your
responsibility to ascertain and obey all applicable local, state, federal and
international laws (including minimum age requirements) in regard to the
possession, use and/or sale of any product or service purchased via a Site.
9.
Shipping Charges and Limitations. When a
product order is placed, it will be shipped to the address designated by the
purchaser, as long as such shipping address is compliant with the shipping
restrictions contained on the Site. All product purchases from a Site are made
pursuant to a shipment contract. As a result, risk of loss and title for
products purchased from a Site pass to you upon delivery to the carrier. You
are responsible for filing any claims with carriers for damaged and/or lost
shipments. Shipping charges may exceed actual shipping costs.
10. Confirmation,
Cancellation and Coupons. While it is our practice to confirm
online orders via email, the receipt of an email order confirmation does not
constitute our acceptance of an order nor our confirmation of an offer to sell
a product or service. We reserve the right, without prior notice and at any
time: (a) to limit the order quantity on any product or service and/or to
refuse service or fulfillment of any order or to any customer; (b) to
discontinue any product or service; (c) to bar any user from making or
completing a transaction; and (d) to limit or impose conditions on the honoring
of any coupon, coupon code, promotional code, or other similar promotion.
For clarification, orders may be limited or cancelled at any time including
after receipt of a confirmation or shipping email. We also may require
additional information and/or verification of information prior to the
acceptance and/or shipment of any order.
For products purchased from our Sites using a credit card, an
authorization may be placed on your credit card when you place an order. You
will be charged for an item (and your purchase of such item will be complete)
when the item in your order is shipped or picked up in the store, as
applicable. Certain custom items may be charged when the order is placed.
Partial shipment or partial cancellation of orders may occur.
For products purchased from our Sites using a gift card, the
full amount of the purchase price will be applied to your gift card when you
place the order. However your purchase of such item is not complete until the
item in your order is shipped or picked up in the store, as applicable. Partial
shipment or partial cancellation of orders may occur. If an order for an item
purchased with a gift card is cancelled, the amount applicable to the cancelled
item will be restored to your gift card or you will be issued a new gift card
for such amount.
11. Intellectual
Property. All text, graphics, information, images, content, video, data,
music, code, software, trademarks, trade names, service marks, logos, fonts,
custom colors, and other material displayed on, available via, or that can be
downloaded from a Site, excluding User Content (collectively, the "DICK'S
IP"), are either the property of, or used with permission by, DICK'S
or our service providers and licensors, and are protected by copyright, trade
dress, trademark and other laws. Additionally, the design, arrangement, and
collection of the DICK'S IP on the Sites, including the look and feel of the
Sites (the "Look and Feel"), is the exclusive property of
DICK'S and protected by applicable copyright laws. We expressly reserve all
intellectual property rights in all DICK'S IP and the Look and Feel. Nothing
contained on the Sites grants or should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any DICK'S IP
or the Look and Feel without the express written permission of Us or such third
party owner.
12. User
Content Posted by You. As a user of a Site, you may provide and/or post content, including reviews, comments, suggestions, profile information, photographs, videos, messages, communications and/or other materials and in addition, if you participate on one of our team sports or event Sites you (or the Organization) may provide and/or post information (including but not limited to eligibility, roster, scheduling, performance and/or scoring information) (collectively,
"User Content") and/or share it with other users. Subject to
any licenses and rights expressly granted herein, any User Content posted by
you, is owned by you.
User Content is and will be considered non-confidential and non-proprietary. We
may, but are not obligated to, monitor or review any User Content. DICK'S assumes
no responsibility for any User Content, whether or not arising under the laws
of copyright, libel, privacy, obscenity, or otherwise. We shall have no
obligations to use, return, review, remove, or respond to any User Content
(unless required by law). We retain the right to remove any or all User Content
for any or for no reason, including User Content that, in our sole discretion,
violates these Terms and reserve the right to terminate your access.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of users and/or devices using or accessing the Sites. We are not responsible for claims resulting from our cooperation with law enforcement or court orders however the foregoing does not waive our liability, if any, for (i) claims for personal injury or death caused by our negligent acts or (ii) damages arising from our intentional, willful or reckless misconduct.
You are solely responsible for any User Content you post, publish or display on a Site or transmit to others. You will post only User Content you believe in good faith to be true and accurate, and you will not post to a Site any User Content that is false, inaccurate, misleading or fraudulent. You are prohibited from posting or transmitting any content that:
a.
Is deceptive, misleading, fraudulent, unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane;
b.
Promotes illegal activity, encourages conduct that would be
considered a criminal offense or give rise to civil liability, or otherwise
violates any law;
c.
Violates the rights of a third party;
d.
Is offensive to users of the Site, such as content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual; or
e.
Harasses or advocates harassment of another person or entity; or
f.
Reports your use of, or directs other users to maintain or use
products any manner which is contrary to that stipulated or provided by the
manufacturer or DICK’S.
By uploading User Content to a Site, you hereby grant, and
represent and warrant that you have all rights and authority necessary to
grant:
(i) DICK'S and our service providers an irrevocable, perpetual,
non-exclusive, royalty-free, fully sub-licensable, fully paid-up, worldwide
license and right to use, copy, revise, publicly perform, digitally perform,
publicly display and distribute such User Content, and to prepare derivative
works based on, or incorporate into other works, such User Content with or
without attribution; and
(ii) All users of the Sites an irrevocable, perpetual,
non-exclusive, royalty-free license and right to use such User Content for each
such user's personal, non-commercial use, subject to the restrictions set forth
in these Terms.
You understand and acknowledge that We may: (a) be working on the same or
similar idea to any ideas, expression of ideas or other materials you submit
within your User Content (each, an "Idea"); (b) already know
of such Idea from other sources; and/or (c) wish to develop such Idea or a
similar idea on our own.
13. User
Content Posted by Others. If you participate on one of our team
sports or event Sites the Organization may provide and/or post information
(including but not limited to eligibility, roster, scheduling, performance
and/or scoring information) and you consent to such posting. In addition, other
third parties may post information on our Sites. You acknowledge and agree that
We have limited control over the User Content posted to the Sites, or any links
to other sites, including the content of any messages or posts and manner of
posting, and that We do not guarantee the accuracy, integrity or quality of
User Content. All User Content, including advice and opinions posted by
users, comprises the views and responsibilities of those who post such User
Content and does not necessarily represent our views. We are not obligated to
review or remove User Content and you understand that, by using a Site, you may
be exposed to User Content that is offensive, indecent or objectionable.
14. Third
Party Links. From time to time, a Site may contain links to and/or
functionality interacting with third party sites that are not owned, operated
or controlled by DICK'S. All such links and/or functionality are provided
solely as a convenience and do not constitute an endorsement by DICK'S. If you
use these links, you will leave the Site. We are not responsible for any
content, materials or other information located on or accessible from any other
site. We do not endorse, guarantee, or make any representations or warranties regarding
any other site; any content, materials or other information located or
accessible from such sites; or any results that you may obtain from using such
sites. We also do not guarantee that links and/or functionality provided by
third parties will be available or error-free, uninterrupted, free from viruses
and/or unauthorized access, or otherwise meet your requirements.
IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO
ENTIRELY AT YOUR OWN RISK.
15. Disclaimers. We do
not and cannot warrant that any Site (including any element of a Site) or its
servers will be error-free, uninterrupted, free from viruses and/or
unauthorized access, or otherwise meet your requirements.
YOUR USE OF A SITE (INCLUDING ANY ELEMENT OF A SITE) AND OF ANY USER CONTENT,
IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED
ON OR IN CONNECTION WITH THE SITES ARE PROVIDED "AS IS", "AS
AVAILABLE", AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. NEITHER DICK'S, NOR ANY OF ITS AFFILIATES, SERVICE
PROVIDERS OR SUPPLIERS, WARRANT THE ACCURACY OR COMPLETENESS OF THE
INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITES.
THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE
SITES MAY BE OUT-OF-DATE, AND NEITHER DICK'S NOR ANY OF ITS AFFILIATES, SERVICE
PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH
INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR
THROUGH THE SITES ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DICK'S HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR
THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DICK'S
HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR
FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR
PERSONAL INFORMATION). WE MAKE NO WARRANTIES TO THOSE DEFINED AS
"CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION
IMPROVEMENTS ACT.
We do not represent or warrant that the health, nutrition, ingredient, allergen
or other product information on the Sites is accurate or complete since this
information is provided by the product manufacturer or supplier. We recommend
that you do not rely solely on the information presented on our Sites and that
you consult each product's label or contact the manufacturer directly if you
have a specific question or dietary concern.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
16. Limitations
of Liability. We do not assume any responsibility, and shall not be liable
for any damages to, or viruses or other harmful or malicious code that may
infect or affect, your computer, device, telecommunication equipment, or other
property caused by or arising from your access to, use of, or browsing of a
Site, linking to a third party site, or your downloading of any materials or
information from a Site and will not be liable for any loss or damage arising
from the unlawful, malicious, negligent or wrongful conduct of third parties.
IN NO EVENT WILL DICK'S OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR
ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES (OR
ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL,
PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF
THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF A SITE, ANY SITES
LINKED TO A SITE, OR THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH
SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITES, OR ANY MATERIAL OR CONTENT ON THE
SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THIS
LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND DICK'S. IN THE
EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON
OR THROUGH A SITE, SUBJECT TO THE EXCLUSIONS BELOW, YOU AGREE THAT YOUR SOLE
REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH
SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO
SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE
RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES WHERE MANDATED BY STATUTE.
17. Indemnity. You
agree to defend, indemnify and hold DICK'S and its respective affiliates,
licensors, directors, officers, employees, agents and representatives, harmless
from and against any losses, costs, expenses or damages of any nature
whatsoever, including attorneys' fees and court costs, arising from any claim,
cause of action, suit or demand of any third party due to, arising out of or
relating to your breach of these Terms.
18. Copyrights. If you
believe any User Content or any other aspect of a Site infringes your
copyright, you should send written notice of the alleged copyright infringement
to our designated copyright agent at this address:
Copyright Agent
Dick's Sporting Goods, Inc.
345 Court Street
Coraopolis, PA 15108
or by email at
copyrightagent@dcsg.com
Such notice must meet the requirements of the Digital Millennium Copyright Act
by providing the following information:
a.
A description of the copyrighted work that you claim has been
infringed;
b.
A description of where the allegedly infringing material is
located on the Site(s);
c.
Your name, address, telephone number and email address;
d.
A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent or the law;
e. A
statement by you, made under penalty of perjury, affirming that the above
information in your notice is accurate, and that you are the owner of the
copyright at issue or are authorized to act on the copyright owner's behalf;
and
f. An electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright at issue.
19. Counter-Notice. If you
believe that your User Content was removed or disabled but is not infringing;
or that you have the authorization from the copyright owner, the copyright
owner's agent or pursuant to the law, to post and use the content in your User
Content; you may send a counter-notice to the Copyright Agent containing the
following information:
a.
Your physical or electronic signature;
b.
Identification of the content that has been removed or to which
access has been disabled and the location at which the content appeared before
it was removed or disabled;
c. A
statement that you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification of the content; and
d. Your
name, address, telephone number and email address, a statement that you consent
to the jurisdiction of the federal court in Pittsburgh, PA, and a statement
that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received, DICK'S may send a copy of the counter-notice
to the original complaining party informing that person that it may replace the
removed content or cease disabling it in ten (10) business days. Unless the
copyright owner files an action seeking a court order against the content
provider, member or user, the removed content may be replaced, or access to it
restored, in ten (10) to fourteen (14) business days or more after receipt of
the counter-notice, at DICK'S sole discretion.
20. Disputes,
Choice of Law, and Jurisdiction.
(a) Initial Dispute Resolution. We are available by
email at
Customer.Service@dickssportinggoods.com to
address any concerns you may have regarding your use of the Sites. Most
concerns may be quickly resolved in this manner. The parties shall use their
best efforts to settle any dispute, claim, question, or disagreement directly
through consultation and good faith negotiations, which shall be a precondition
to either party initiating a lawsuit or arbitration. Any matter and/or dispute
relating in any way to your visit to or interaction with a Site, including
compliance with these Terms, which is not so resolved shall be submitted to
binding confidential arbitration as provided in Section 21 (herein).
(b) Choice
of Law and Courts for Non-Arbitrated Disputes. Unless expressly addressed
in the Additional Terms, these Terms supersede any other agreement between you
and DICK'S to the extent necessary to resolve any inconsistency or ambiguity
between them. The Sites are administered by DICK'S from its offices in
Pennsylvania. Notwithstanding the arbitration provisions in Section 21, to the
extent you have in any manner violated or threatened to violate our
intellectual property rights, We may seek injunctive or other appropriate
relief in the state courts of the Commonwealth of Pennsylvania or the United
States District Court for the Western District of Pennsylvania, and you consent
to exclusive personal jurisdiction and venue in such courts. .
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21. Arbitration.
(a)
If the parties don’t reach an agreed upon solution pursuant to
the dispute-resolution contemplated in Section 20(a) of these Terms, you and
DICK’s each agree that any dispute, claim or controversy arising out of or
relating to our products or services or the Sites (including, without
limitation, DICK'S digital operations at or through our websites, our
mobile/tablet sites, our social media presence, our Scorecard program, our
applications, and our stores/locations for each member of our Family of
Businesses), or these Terms or the breach, enforcement, interpretation or
validity thereof, shall be determined by binding arbitration before one
arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS'
Streamlined Arbitration Rules and Procedures. Judgment on the Award may be
entered in any court having jurisdiction. By agreeing to arbitration, the
parties understand and agree that they are waiving their rights to maintain
other available resolution processes, such as a court action or administrative
proceeding, to settle their disputes. We strive to offer a fundamentally-fair
arbitration hearing process. For small claims (i.e., up to $10,000), in
addition to your right to bring small claims court actions as noted below, We
believe this can often be satisfied when hearings are conducted via electronic
or telephonic means or by a submission of documents in lieu of a personal
appearance by the parties. However the arbitrator shall have discretionary
authority to require a face-to-face meeting, if it determines that such face to
face meeting is necessary for a fundamentally fair hearing. Notwithstanding
DICK’S right to modify these Terms, DICK’S agrees that Dick’s may not modify
these arbitration provisions without notice to you and your agreement to such
changes. Further, any such modification to the dispute and/or arbitration
requirements in Section 20 or to this Section 21 shall not apply to claims
arising prior to the date of such modification and any such changes shall not
affect your prior election to opt out of arbitration as provided below. In
connection with these arbitration provisions, the parties agree as follows:
1. This
arbitration agreement is reciprocally binding on all parties such that both you
and We are required to arbitrate claims;
2. Remedies
that would otherwise be available to the parties under applicable federal,
state or local laws, including the recovery of attorney’s fees, remain
available under this arbitration clause;
3. The
arbitrator must be neutral and the parties will each have a reasonable
opportunity to participate in the process of choosing the arbitrator;
4. You have
a right to an in-person hearing in your hometown area within the United States;
5. You have
the right to the use of counsel of your choosing at your own expense if you so
elect, and to recover attorneys’ fees and expenses of arbitration to the extent
provided by law;
6. The parties
are permitted the discovery or exchange of non-privileged information relevant
to the dispute in accordance with JAMS procedures; and
7. The
arbitrator's award will consist of a written statement stating the disposition
of each claim. The award will also provide a concise written statement of the
essential findings and conclusions on which the award is based.
(b)
Arbitration Filing Fees. If you
initiate the arbitration, to the extent the filing fee for the arbitration
exceeds the lesser of $250 or the cost of filing a lawsuit, DICK’S will pay the
additional cost. A request for payment of any such fees should be submitted to
JAMS along with your form for initiating the arbitration, and We will make
arrangements to pay all necessary fees directly to JAMS. All other costs of
the arbitration will be borne by Us including any remaining JAMS Case
Management Fee and all professional fees for the arbitrator's services. You
will be responsible for your own attorney fees and expenses unless the
arbitration rules or applicable law permit you to recover your attorney’s fees.
We will not require you to reimburse our fees and costs if you do not
prevail. If we are the claiming party initiating an arbitration against you,
We will pay all costs associated with the arbitration (other than your
attorneys’ fees and expenses unless permitted to be recovered under the
arbitration rules or applicable law).
(c)
Waiver of Certain Rights from Court. The
parties understand that, absent this mandatory provision, they would have the
right to sue in court. Court proceedings generally provide greater discovery
rights, a judge or jury trial, and could provide greater opportunity for appellate
review. They further understand that, in some instances, the costs of
arbitration could exceed the costs of litigation.
(d)
Class Action Waiver. THE
PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR
INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE
ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR
SEEK RELIEF ON A CLASS BASIS.
(e)
Exception - Small Claims Court Claims. Notwithstanding
the parties' decision to resolve all disputes through arbitration, either party
may also seek relief in a small claims court for disputes or claims within the
scope of that court's jurisdiction. Any appeal of the decision in such small
claims court shall be subject to these arbitration provisions.
(f)
30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the
arbitration and class action waiver provisions set forth in this Section 21 by
sending written notice of your decision to opt-out to the following address via
certified mail: Dick's Sporting Goods, Inc., 345 Court Street, Coraopolis, PA
15108, Attention: Legal Department. The notice must be sent within thirty (30)
days of your first use of a Site after the effective date of these Terms,
otherwise you shall be bound to arbitrate disputes in accordance with the terms
of those Sections. If you opt-out of these arbitration provisions, DICK’S also
will not be bound by them.
(g)
YOU AGREE THAT BY
ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE
WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT
YOU MAY BRING CLAIMS AGAINST DICK’S ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS
A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL
BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ACKNOWLEDGE
THAT BY ENTERING INTO THESE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN
ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT DICK’S
AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE
CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT TO ARBITRATE AND
CAN NOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE DISPUTES.
22. Admissibility. A
printed version of these Terms shall be admissible in judicial and
administrative proceedings and in arbitration proceedings based upon or
relating to these Terms to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
printed form.
23. Waiver
and Severability. No waiver by either party of any term or condition set forth
in these Terms shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of a
party to assert a right or provision under these Terms shall not constitute a
waiver of such right or provision.
24. Entire
Agreement. These Terms and our Privacy Policy and Additional Terms
constitute the sole and entire agreement between you and DICK'S with respect to
the Sites and supersede all prior and contemporaneous understandings,
agreements, representations and warranties, both written and oral, with respect
to the Site.
25. Termination. You or
DICK'S may suspend or terminate your account or your use/access of a Site at
any time, for any reason or for no reason. You are personally liable for any
activity prior to such termination, including any orders that you place or
charges that you incur prior to termination. DICK'S reserves the right to
change, suspend, or discontinue all or any aspect of the Sites at any time
without notice except as provided in these Terms.
26. Additional
Assistance. If you do not understand any of the foregoing Terms or if you
have any questions or comments, We invite you to contact us in the following
manner:
For
general comments or questions about our Sites or Stores call our Customer
Service Department at 1-866-677-4771 or email
Customer.Service@dickssportinggoods.com. You
can also reach us by mail at 345 Court Street, Coraopolis, PA 15108, ATTN:
Customer Service.
For Dick's
Sporting Goods specific questions call 877-846-9997 or email
Customer.Service@dickssportinggoods.com.
For Field
and Stream specific questions call 877-614-9173 or email
Customer.Service@fieldandstreamshop.com.
For Golf
Galaxy specific questions call 800-287-9060 or email
CustomerService@golfgalaxy.com.
For
Chelsea Collective specific questions call 855-821-6911 or email
Customer.Service@chelseacollective.com
For Team
Sports Headquarters including Blue Sombrero Affinity or GameChanger specific
questions, call 844-374-TSHQ or email
support@dickstshq.com For
True Runner specific questions, email
info@truerunner.com
For
Affinity Sports specific questions call 800-808-7195 or email
support@affinity-sports.com
For
Calia Studio specific questions, call 877-846-9997 or email
Customer.Service@dickssportinggoods.com.
For
Second Skin specific questions, call 877-846-9997 or email
Customer.Service@dickssportinggoods.com.