Updated and Posted February 22, 2017; Effective as of March 24, 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 (collectively, "DICK'S
" or "We
") 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
- Effective Date/Revisions to these Terms
- Additional Terms
- Use of the Sites and License
- Restrictions on Use of the Sites
- Content, Pricing and Accuracy
- Applicable Law
- Shipping Limitations
- Confirmation, Cancellation and Coupons
- Intellectual Property
- User Content Posted by You
- User Content Posted by Others
- Third Party Links
- Limitations of Liability
- Disputes, Choice of Law, and Jurisdiction
- Waiver and Severability
- Entire Agreement
- Additional Assistance
- 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.
- 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.
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
these Terms shall govern and prevail.
- 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.
- 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:
- 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
- Create or maintain any link from another website to any page on a Site without DICK'S prior written permission;
- 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;
- 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;
- 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;
- Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts;
- 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;
- 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;
- 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;
- 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;
- Scan or test the vulnerability of a Site or any network connected to a Site;
- 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
- Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.
- 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.
- 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.
- 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.
- 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.
- 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
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.
- 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.
- 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:
By uploading User Content to a Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:
- Is deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane;
- Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law;
- Violates the rights of a third party;
- 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
- Harasses or advocates harassment of another person or entity; or
- 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.
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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
Dick's Sporting Goods, Inc.
345 Court Street
Coraopolis, PA 15108
or by email at firstname.lastname@example.org
Such notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the allegedly infringing material is located on the Site(s);
- Your name, address, telephone number and email address;
- 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;
- 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
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
- 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:
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.
- Your physical or electronic signature;
- 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;
- 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
- 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.
- Disputes, Choice of Law, and Jurisdiction.
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.
- 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).
- 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.
- 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:
- This arbitration agreement is reciprocally binding on all parties such that both you and We are required to arbitrate claims;
- 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;
- The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator;
- You have a right to an in-person hearing in your hometown area within the United States;
- 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;
- The parties are permitted the discovery or exchange of non-privileged information relevant to the dispute in accordance with JAMS procedures; and
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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
- 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
- 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.
to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
- 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.
- 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
For Field and Stream specific questions call 877-614-9173 or email
For Golf Galaxy specific questions call 800-287-9060 or email
For Chelsea Collective specific questions call 855-821-6911 or email
For Team Sports Headquarters including Blue Sombrero Affinity or GameChanger specific questions, call 844-374-TSHQ or email
For True Runner specific questions, email
For Calia Studio specific questions, call 877-846-9997 or email
For Second Skin specific questions, call 877-846-9997 or email
Effective Dates February 26, 2015 through March 24, 2017
AGREEMENT BETWEEN USER AND Capital Soccer Association
The Capital Soccer Association Web Site is comprised of various Web pages operated by Capital Soccer Association.
The Capital Soccer Association Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the
Capital Soccer Association Web Site constitutes your agreement to all such terms, conditions, and notices.
Capital Soccer Association reserves the right to change the terms, conditions, and notices under which the Capital Soccer Association Web Site is offered, including but not limited to the
charges associated with the use of the Capital Soccer Association Web Site.
LINKS TO THIRD PARTY SITES
The Capital Soccer Association Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Capital Soccer Association and Capital Soccer Association
is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Capital Soccer Association is not responsible for webcasting or any other form of transmission received from any Linked Site. Capital Soccer Association is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Capital Soccer Association of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Capital Soccer Association Web Site, you warrant to Capital Soccer Association that you will not use the Capital Soccer Association Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use the Capital Soccer Association Web Site in any manner which could damage, disable, overburden, or impair
the Capital Soccer Association Web Site or interfere with any other party's use and enjoyment of the Capital Soccer Association Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided for through the Capital Soccer Association Web Sites.
USE OF COMMUNICATION SERVICES
The Capital Soccer Association Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation,
you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Capital Soccer Association has no obligation to monitor the Communication Services. However, Capital Soccer Association reserves the right to review materials posted to a Communication Service and
to remove any materials in its sole discretion. Capital Soccer Association reserves the right to terminate your access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Capital Soccer Association reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole or in part, in Capital Soccer Association's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Capital Soccer Association does not control or endorse
the content, messages or information found in any Communication Service and, therefore, Capital Soccer Association specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Capital Soccer Association spokespersons, and their views do
not necessarily reflect those of Capital Soccer Association.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations
if you download the materials.
MATERIALS PROVIDED TO Capital Soccer Association OR POSTED AT ANY Capital Soccer Association WEB SITE
Capital Soccer Association does not claim ownership of the materials you provide to Capital Soccer Association (including feedback and suggestions) or post, upload, input or submit to any
Capital Soccer Association Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are
granting Capital Soccer Association, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Capital Soccer Association is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in Capital Soccer Association's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Capital Soccer Association WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Capital Soccer Association AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Capital Soccer Association WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE Capital Soccer Association WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Capital Soccer Association AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE Capital Soccer Association WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Capital Soccer Association AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Capital Soccer Association AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Capital Soccer Association WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Capital Soccer Association WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Capital Soccer Association WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE Capital Soccer Association WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Capital Soccer Association OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
USING THE Capital Soccer Association WEB SITE.
SERVICE CONTACT : email@example.com
Capital Soccer Association reserves the right, in its sole discretion, to terminate your access to the Capital Soccer Association Web Site and the related services or any portion thereof at any
time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Capital Soccer Association Web Site. Use of the
Capital Soccer Association Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Capital Soccer Association as a result of this agreement or use of the Capital Soccer Association
Web Site. Capital Soccer Association's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of
Capital Soccer Association's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Capital Soccer Association Web Site or information
provided to or gathered by Capital Soccer Association with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Capital Soccer Association with respect to the Capital Soccer Association Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and Capital Soccer Association with respect to the Capital Soccer Association Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Capital Soccer Association Web Site are: and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.