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SPORTSMAN’S WAREHOUSE - TERMS OF USE

Last Updated: February 9, 2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS (these “Terms”) GOVERN ALL USE OF www.sportsmans.com WEBSITE (“the Website”) AND SPORTSMAN’S WAREHOUSE HOLDINGS, INC. SOCIAL MEDIA ACCOUNTS AND ANY AFFILIATED ACCOUNTS OR CONTENT ON ONLINE SOCIAL MEDIA PLATFORMS (the “Online Platforms”, which may include Facebook, Twitter, Instagram, or YouTube), INCLUDING THE PURCHASE OF PRODUCTS THROUGH THE SPORTSMAN’S WAREHOUSE WEBSITE AND POSTING COMMENTS, REVIEWS, PICTURES, OR OTHER CONTENT ON THE SPORTSMAN’S WAREHOUSE WEBSITE OR ONLINE PLATFORMS. BY USING THE SPORTSMAN’S WAREHOUSE WEBSITE OR ONLINE PLATFORMS, YOU AGREE THAT THESE TERMS TOGETHER WITH THE PRICE AND PURCHASE INFORMATION PROVIDED AT THE TIME OF PRODUCT PURCHASE, OUR ORDER CONFIRMATION, AND OUR PRIVACY POLICY REPRESENT THE ENTIRE AGREEMENT CONCERNING THE USE OF THE SPORTSMAN’S WAREHOUSE WEBSITE, ONLINE PLATFORMS, AND THE PURCHASE OF SPORTSMAN’S WAREHOUSE PRODUCTS, AND THAT THESE TERMS SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING WITH RESPECT TO SPORTSMAN’S WAREHOUSE PRODUCTS.

NO OTHER COMMUNICATION WILL BE CONSTRUED AS, OR CONSTITUTE, A WAIVER OF THESE TERMS OF USE, OR ACCEPTANCE OF ANY ADDITIONAL TERMS, CONDITIONS, OR SPECIFICATIONS, AND SPORTSMAN’S WAREHOUSE HEREBY OBJECTS TO ANY SUCH ADDITIONAL OR CONTRARY TERMS, CONDITIONS, OR SPECIFICATIONS.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USING THE WEBSITE AND ONLINE PLATFORMS. BY ACCEPTING THESE TERMS, YOU ALSO AGREE TO OUR PRIVACY POLICY, WHICH ALSO GOVERNS YOUR VISIT TO THE WEBSITE AND ONLINE PLATFORMS AND WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS.

1. Content

The Website and Online Platforms may provide general information about our products. Your eligibility for particular products is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described on the Website and Online Platforms at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. Although we try to provide accurate and timely information on the Website and Online Platforms, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on the Website and Online Platforms.

By offering information, products, or services via the Website and Online Platforms, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of such information, products, or services is prohibited by law.

To use the Website and Online Platforms, you will need a working connection to the Internet via a web browser on your computing device for which you are responsible for all costs, expenses, and fees. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the Website and Online Platforms may not be available for your use. We try to minimize the periods of time during which the Website and Online Platforms are unavailable.

2. Orders

All Sportsman’s Warehouse customers must be at least the age of majority in their state or province of residence, must be legally able to agree to these Terms, and must provide and update accurate registration information to place an order on the Website. By placing an order using the Website, you offer to buy the products listed in your order and are subject to these Terms. You agree to provide and maintain current, complete, and accurate purchase and account information for all purchases made at our Website. Sportsman’s Warehouse may choose to reject any orders, or limit or cancel quantities purchased per User, per household, or per order in our sole discretion. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. Sportsman’s Warehouse reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

3. Account

If you choose to register an account on the Website, you will choose a username and password to use in establishing and accessing a Sportsman’s Warehouse customer account. Your account will allow you to purchase products from Sportsman’s Warehouse and to post comments, reviews, pictures, or other content on the Website. You must not share your username and password with any other party. You assume responsibility for any unauthorized use of your username or password, and you must promptly inform Sportsman’s Warehouse of any actual or suspected unauthorized use by using the contact information below.

4. Security

We have taken steps to protect the privacy and security of your Personal Information as well as your transactions with us. Although we use administrative, technical, and physical security measures to protect your account and other Personal Information, the Internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the Internet are absolutely secure or that a third party will not be able to access or intercept such information. We are not responsible for any electronic virus or viruses that you may encounter as you use the Internet. We suggest that you routinely scan your devices using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

Your use of this Website and our Online Platforms is limited to the intended functions of the Website and Online Platforms. Unauthorized use of the Website, Online Platforms, and/or our systems, including but not limited to misuse of any information posted on the Website and Online Platforms or unauthorized entry into any of our systems is strictly prohibited. You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website, our Online Platforms, or of the networks connected to the Website, and to abide by all security policies adopted by Sportsman’s Warehouse. You agree that you will not use this Website or our Online Platforms to transmit worms, viruses, or any other form of malicious or destructive code to our systems or others’ systems.

You acknowledge and agree that, for security purposes, Sportsman’s Warehouse may monitor your account and your access to and use of the Website. Sportsman’s Warehouse may at any time terminate or suspend your access to the Website or Online Platforms as Sportsman’s Warehouse considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms, to protect intellectual property, or for any other legitimate business purpose. Sportsman’s Warehouse may also impose limits on certain features and functions of the Website or Online Platforms or restrict your access to the Website or Online Platforms without notice or liability.

5. Customer Content

Sportsman’s Warehouse’s Online Platforms include social media pages on various website (including, but not limited to Facebook, Twitter, and Instagram). You may be able to use your social media account to access the Website and our Online Platforms. We encourage you to post, comment, and interact with Sportsman’s Warehouse and other users on the Website, and Online Platforms. However, you assume all risk for your interactions with other users, including online interactions and physical interactions.

After you have registered, you may post comments, reviews, pictures, or other content on the Website or Online Platforms (“Customer Content”), subject to the rules established by Sportsman’s Warehouse under these Terms, as those rules might change from time to time. You must not post any Customer Content that is offensive, profane, indecent, obscene, threatening, abusive, libelous, or illegal. Your Customer Content must not violate, plagiarize, or infringe the rights of others, and you will indemnify Sportsman’s Warehouse and hold Sportsman’s Warehouse harmless from all losses, claims, damages, and expenses arising from your Customer Content.

You grant Sportsman’s Warehouse a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) modify and create derivative works based upon your Customer Content, and (ii) reproduce, display, and distribute your Customer Content, modified versions of your Customer Content, and derivative works based upon your Customer Content. Sportsman’s Warehouse may, but is not obligated to, review Customer Content prior to, or at any time after the Customer Content is first displayed by Sportsman’s Warehouse. Sportsman’s Warehouse may refuse to display and may at any time cease the display of any Customer Content that, in Sportsman’s Warehouse’s sole discretion, is in violation of these Terms, offensive, defamatory, or otherwise inappropriate, or might expose Sportsman’s Warehouse to any claim by or liability to any third party. No display of any Customer Content is a waiver of Sportsman’s Warehouse right to cease the display of that Customer Content. Sportsman’s Warehouse’s right to review, refuse, and cease the display of Customer Content is not an assumption by Sportsman’s Warehouse of any responsibility for Customer Content. You acknowledge that you are responsible for any content you may submit through this Web-site and our Online Platforms, including the legality, reliability, appropriateness, originality, and copyright of any such content.

Please retain copies of all Customer Content you submit, as we are under no obligation to store or return any such Customer Content to you. Your submission of Customer Content will not be subject to any obligation of confidentiality, attribution, or otherwise.

6. Third Party Websites

Sportsman’s Warehouse might provide links to websites operated by others or to social media accounts created and maintained by others, which we do not own or control but which are being provided for your convenience. If you use those links, you will leave the Website or the Online Platforms. If you decide to visit any linked website or other platform, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Sportsman’s Warehouse makes no warranty or representation regarding any linked website or content, the information appearing on those websites or posts, or any of the products or services described on those websites or platforms. Sportsman’s Warehouse does not endorse the information appearing on those websites or platforms or any of the products or services described on those websites or platforms.

Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products or services should be directed to the third party. We reserve the right to terminate a link to a third-party website at any time.

7. Reviews & Comments

The Website and Online Platforms include information provided by other Sportsman’s Warehouse customers and affiliates, such as comments and product reviews. Sportsman’s Warehouse is not in any way responsible for such information and does not warrant its accuracy. Your use of that information is at your own risk.

8. Transactional Data

“Transactional Data” means all information collected by Sportsman’s Warehouse, or to which Sportsman’s Warehouse has access, that relates to the products or services you purchase and your use of the Website and Online Platforms. You grant Sportsman’s Warehouse a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for Sportsman’s Warehouse’s internal business purposes, including the provision of products and services to Sportsman’s Warehouse customers and other third parties, (ii) prepare and distribute reports and analyses of Transactional Data, provided that such reports and analyses do not disclose your identity, and (iii) distribute and disclose Transactional Data that is de-identified and aggregated with other data, and grant third parties rights to use and analyze such data for their internal business purposes. Please see our Privacy Policy for additional details.

9. Intellectual Property

You acknowledge and agree that all information and content that you access or that is made available to you through the Website and Online Platforms, including, but not limited to, information, text, graphics, trademarks, logotypes, data and data compilations, is the property of Sportsman’s Warehouse, its customers, or its suppliers. United States and international trademark, copyright, and other intellectual property right laws protect that information and content. We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access the Website and Online Platforms and view the content therein for your personal, non-commercial use in accordance with these Terms, and not for distribution, resale, sublicensing, or other usage. We reserve all rights not expressly granted in the foregoing sentence. Any unauthorized use or other activity by you in violation of these Terms will cause the licenses granted to you by us to terminate immediately and automatically.

10. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN A PRODUCT’S OR SERVICE’S DESCRIPTION ON THE WEBSITE, ALL SPORTSMAN’S WAREHOUSE PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE SPORTSMAN’S WAREHOUSE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” SPORTSMAN’S WAREHOUSE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHICH SPORTSMAN’S WAREHOUSE HEREBY EXPRESSLY DISCLAIMS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

THIS WEBSITE AND THE ONLINE PLATFORMS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTSMAN’S WAREHOUSE DOES NOT GUARANTEE THAT YOUR ACCESS TO THE SPORTSMAN’S WAREHOUSE WEBSITE OR ONLINE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE SPORTSMAN’S WAREHOUSE WEBSITE OR ONLINE PLATFORMS WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. SPORTSMAN’S WAREHOUSE WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.

11. Limitation of Liability

SPORTSMAN’S WAREHOUSE WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE SPORTSMAN’S WAREHOUSE WEBSITE, ONLINE PLATFORMS, OR SPORTSMAN’S WAREHOUSE PRODUCTS, SERVICES, OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SPORTSMAN’S WAREHOUSE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR THE ONLINE PLATFORMS, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE, THE ONLINE PLATFORMS, OR THE WEB. WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS WEBSITE OR THE ONLINE PLATFORMS WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH US.

IN NO EVENT WILL SPORTSMAN’S WAREHOUSE’S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF SPORTSMAN’S WAREHOUSE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE AMOUNT PAID FOR SPORTSMAN’S WAREHOUSE PRODUCTS OR SERVICES. All items purchased through the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

12. Assignment

Sportsman’s Warehouse may assign its rights and obligations under these Terms without your consent. You may not assign any of your rights and obligations under these Terms without the prior written consent of Sportsman’s Warehouse.

13. Notices

Any notice permitted or required to be given by you under these Terms will be deemed given and effective when sent to Sportsman’s Warehouse via email at [email protected] or physical mail to our corporate office at 1475 W 9000 S, Suite A, West Jordan, UT 84088. Any notice permitted or required to be given by Sportsman’s Warehouse under these Terms will be given and effective when sent to you at the email address provided in your registration for a Sportsman’s Warehouse account, unless you notify us of an alternative method of delivery and/or as required by applicable law. It is your responsibility to keep your email address and any other contact information current. Sportsman’s Warehouse may also provide certain notices to you by posting to the Website which will be effective upon posting.

14. Governing Law

These Terms will be interpreted and construed in accordance with the laws of the United States and of the State of Utah, without giving effect to any conflict of laws to the contrary. Any action arising out of, or relating to, this Agreement may be brought in any state or federal courts of competent jurisdiction situated in Utah, and you consent to the jurisdiction of such courts.

15. General

If any of these Terms conflict with any applicable statute or rule of law, the affected Terms will be deemed inoperative. If any part of these Terms is held illegal, void, or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right. If any provision of these Terms is inoperative, invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

16. Export Restriction Notice

Some items purchased may be strictly controlled from export by the United States Department of State (Directorate of Defense Trade Controls, http://www.pmddtc.state.gov/) or the United States Department of Commerce (Bureau of Industry and Security, http://www.bis.doc.gov/), such as but not limited to the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130), and their successor and supplemental regulations (collectively, “Export Regulations”). You agree to comply with all applicable laws and regulations of the various states and of the United States, including the Export Regulations, in your purchase and use of any products you obtain from Sportsman’s Warehouse. You affirmatively represent and warrant that you are buying products or services for your own personal use only, and not for resale or export. Please contact U.S. Customs and Border Protection (https://www.cbp.gov/travel/us-citizens/know-before-you-go/prohibited-and-restricted-items) for guidance on exporting items such as ammunition, firearm parts, optics, GPS, and other potentially restricted items that may be offered for sale on this Website. Serious penalties, both criminal and civil, may be imposed on persons who fail to comply with the export control laws of the United States.

17. Changes to these Terms

You agree that we may from time to time amend all or any part of these Terms, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through the Website and Online Platforms and changing the features and functionality to this Website and the Online Platforms. We will notify you electronically of any change to these Terms as required by applicable law. Any such changes shall take effect as soon as they are posted on this Website and the Online Platforms, as indicated by the “Last Updated” date posted at the beginning of these Terms. Your use of the Website and Online Platforms after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You encourage you to review these Terms periodically for any changes.

18. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, https://www.sportsmans.com/privacy-policy, governs the processing of all Personal Information collected from you in connection with your use of the Website and Online Platforms, and purchase of products or services through the Website or Online Platforms.

19. Contact Us

If you have any questions about these Terms, please email us at [email protected] or call us at 1-800-286-3076.