Terms of Service
Terms of Service
You may use the services and purchase and use the products sold on www.sportspuds.com (collectively for all purposes on www.sportspuds.com, the “Services”) only if you agree to form a binding contract with Sport Spuds, LLC (doing business as Sport Spuds and Spuds) and are not a person barred from receiving the Services under the laws of the applicable jurisdiction. By using www.sportspuds.com (this, the or our “website” or this, the or our “site”) and purchasing and/or using any of the Services you are and will be deemed to be entering into such binding contract and agreeing to and accepting all of such terms in all respects. If you are accepting these terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these terms, in which case the words “you” and “your” as used in these terms shall refer to such entity.
Sport Spuds, LLC hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use our website. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Sport Spuds, LLC, in the manner permitted by these terms. The Services are protected by copyright, trademark, and other laws of the United States of America and other countries. Nothing in the terms gives you a right to use the Sport Spuds or Spuds names or any of the Sport Spuds or Spuds trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Services purchased by users) are and will remain the exclusive property of Sport Spuds, LLC and its licensors. Any feedback, comments, or suggestions you may provide regarding Sport Spuds, Spuds or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. If you want to update your personal info, you can do so by logging into your account with your user name and password. Alternatively, you can contact customer service at email@example.com to change or delete your profile info.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
We may revise these terms from time to time. The most current version of the terms will govern our relationship with you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms.
The laws of the State of Georgia, excluding its choice of law provisions, will govern these terms, your use of our website and any dispute that arises between you and Sport Spuds, LLC. All disputes related to these terms or the Services will be brought solely in the federal or state courts located in Atlanta, Georgia, United States of America, and you consent to personal jurisdiction and waive any objection as to inconvenient forum. If you are a federal, state, or local government entity in the United States of America the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Georgia (excluding choice of law). In the event that any provision of these terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these terms will remain in full force and effect. Sport Spuds, LLC’s failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.
You may end your legal agreement with Sport Spuds, LLC at any time by deactivating your accounts and discontinuing your use of the Services. If you need assistance deactivating your account, please contact us as firstname.lastname@example.org. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these terms, (ii) you create risk or possible legal exposure for us, (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. In all such cases, the terms shall terminate, including, without limitation, your license to use the Services. For the avoidance of doubt, these terms survive the deactivation or termination of your account.
You may have reached this website via a link from another website. If so, please be advised that such other linking website is not under the control of the Sports Spuds, LLC. Sport Spuds, LLC therefore cannot be responsible for the contents of such other linking site or of any other websites it may in turn be linked to. We allow such links for your convenience only, and they do not constitute or imply endorsement by Sport Spuds, LLC of the contents of any of these other linked sites.
Sport Spuds, LLC prohibits the use of privately produced materials to promote the performance or characteristics of Sport Spuds or Spuds products. You should therefore rely only on those product descriptions contained in this website and in other official Sport Spuds, LLC literature.
This website and its contents are designed to comply with U.S. laws and regulations. It is intended for access and use by U.S. residents only.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE SERVICES ARE AVAILABLE “AS-IS”
Your access to, purchase of and use of the Services, including, without limitation, any products sold on www.sportspuds.com or sold by Sport Spuds, LLC, including any Sport Spuds or Spuds products, are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Sport Spuds Entities” refer to Sport Spuds, LLC, its members, suppliers, vendors, parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SPORT SPUDS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Sport Spuds Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; and (iii) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Sport Spuds Entities or through the Services, will create any warranty or representation not expressly made herein.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPORT SPUDS ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) LOST DATA OR BUSINESS INTERRUPTION IN CONNECTION WITH THE SERVICES; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (IV) ANY PRODUCTS OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR ACCOUNT OR OTHER INFORMATION, IN EACH CASE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SPORT SPUDS ENTITIES EXCEED THE LESSER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SPORT SPUDS, LLC, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SPORT SPUDS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NO CLAIM OR ACTION ARISING FROM OR CONCERNING OUR WEBSITE OR OTHERWISE HEREUNDER MAY BE BROUGHT LATER THAN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold the Sport Spuds Entities harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of your use of or activities in connection with our website or any allegation that content you provide on our website infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these terms.