Terms of service
TERMS & CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE OR ORDERING THROUGH THIS WEBSITE. The use of the www.gosportsoutdoors.com website (the “Website”) and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website (collectively, the “Terms and Conditions”). By using or accessing this Website in any manner you signify your acknowledgment and agreement to the Terms and Conditions. P&P Imports, LLC (“P&P,” “we” or “us”) can revise the Terms and Conditions at any time by updating them on the Website, and your use after such change signifies your acceptance of the changed terms. Please visit this page periodically to review the terms of your use.
Proprietary Rights
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively “Content”) are subject to copyright, trademark or other proprietary rights or licenses held by P&P or its parent or affiliates or by third parties who have licensed their right to us. All Content is copyrighted as a collective work under the U.S. and international copyright laws.
All trademarks as well as other brand names, trade names, trade dress and logos on this Website, are the properties of their respective owners. You may not use, reproduce or copy such trade indicia in any manner without the prior consent of the owner. All registered trademarks are registered in the United States of America and/or other applicable jurisdictions. A partial list of the trademark of P&P is as follows: GoSportsOutdoors® and the GoSportsOutdoors logo.
Use Restrictions
Unless you are an authorized P&P representative, you may access and view the Content appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for such purposes, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way, and (c) do not distribute, modify, transmit, reuse, repost or use the Content for public or commercial purposes unless you have obtained our prior written permission. The foregoing license does not permit (i) any resale or commercial use of this Website or its Content; (ii) any collection or reuse of any product listings, descriptions, or prices, including incorporation of such information into a database used for comparison or commercial purposes; (iii) any derivative use of this Website or its Contents; or (iv) any downloading or copying of Content for the benefit of another merchant, including through the use of data mining, robots, or similar data gathering and extraction tools. P&P reserves complete title and full intellectual property rights in any Content that you download from this Website.
Submissions
P&P does not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing unless we have specifically requested them. If you have any ideas, concepts, know-how or techniques, please contact P&P first before submitting them. Anything you disclose or submit to us by or through this Website (“Disclosures”), including remarks, suggestions, ideas, messages, e-mails or postings on interactive portions of this Website, shall be and remain the exclusive property of P&P. Therefore, P&P discourages you from submitting anything that you do not wish to assign to P&P including confidential information or any original creative materials such as product ideas or original works. Any Disclosure you make is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. P&P is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information. By uploading or otherwise providing any Disclosure to this Website or P&P, you hereby grant P&P, to the extent you retain any rights, the unlimited, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Disclosures throughout the world in any media without compensation, and you warrant that all “moral rights” in uploaded materials have been waived.
Interactive Areas and Code of Acceptable Conduct
P&P does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this Website, including any such information provided in reviews, comments forums, or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this Website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
- You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
- You will not upload viruses or harmful components.
- You will not use the Website to further any illegal purpose or to violate the rights of any party.
- You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
Any materials or content you post on this Website in connection with interactive areas, including in reviews and comment forums, shall be considered a Disclosure owned by P&P. You also grant P&P and its designees the right in our discretion to use the name that you submit in connection with such Disclosures. For any Disclosure that you post on interactive areas of this Website, you represent and warrant (i) that you own or otherwise control all of the rights to the Disclosure; (ii) that the content is accurate; and (iii) that use of the Disclosure does not violate these Terms and Conditions and will not cause injury to any person or entity. You hereby agree to defend, indemnify and hold P&P and its affiliates harmless for all claims resulting from Disclosures you post to this Website. THE FOREGOING INDEMNIFICATION PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
Terms of Sale
Your purchase of products from this Website is subject to our Terms of Sale which set forth terms applicable to the order, delivery and return of products offered through this Website (such Terms of Sale are hereby incorporated into the Terms and Conditions). If you do not agree to the Terms of Sale, please do not order products from this Website. Products offered through this Website shall be subject to the Return Policy set forth in the Terms of Sale and shall be warranted, if at all, through the written warranty provided in connection with such product. ANY APPLICABLE WRITTEN LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LENGTH OF SUCH WRITTEN LIMITED WARRANTY.
All prices quoted on our Website are in U.S. dollars and are valid only in the United States. P&P reserves the right to refuse or cancel orders for products for any reason, including orders for products listed at an incorrect price, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, P&P shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you should contact GoSportsOutdoors’ Customer Service at (650)-488-8270.
Disclaimers
P&P does not represent or warrant that this Website will be accessible without interruption or that this Website is free from errors defects, design flaws or omissions or from viruses or other harmful components. The pages on this Website may contain technical inaccuracies, outdated information and typographical errors. EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY P&P, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, P&P SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, OR THE INABILITY TO USE THIS WEBSITE, EVEN IF P&P HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law
These Terms and Conditions shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of New York.
Severability
If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Waiver
No waiver by P&P of any breach of these Terms and Conditions shall constitute a waiver of any prior or subsequent breach or a waiver of the Terms and Conditions themselves.
These Terms and Conditions are effective as of April 29, 2024.