Terms Of Use

WESTERN SPORTING WEB SITE TERMS OF USE

These Terms of Use, together with any documents they expressly incorporate by reference (the "Terms"), are entered into by and between you ("User") and Universal Distribution, LLC., dba as Western Sporting as "us" or "we". The following Terms govern your access to and use of www.westernsporting.com and any related content, functions, facilities, and services offered on or through it (the "Web Site"). By using the Web Site, you agree to use it in strict accordance with, and to be bound by, all of the terms and conditions contained in these Terms.

ACCESS TO THE WEB SITE

By using this Web Site, you represent and warrant that you are of legal age to form a binding sales contract with Western Sporting and meet its eligibility requirements. Western Sporting grants you a limited, revocable, nonexclusive license to access the Web Site for your own personal use, except as otherwise provided in an applicable Western Sporting General Commercial Use License or Enterprise Use License. You may not sub-license your rights hereunder to a third party, and this license does not extend to: (a) access to the Web Site by posting agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Web Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Western Sporting. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Web Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. Western Sporting will not be liable if for any reason all or any part of the Web Site is unavailable at any time or for any period.

To access the Web Site, a User may want to create an account and provide certain registration information. To create and maintain your account with the Web Site, you must agree to and abide by the following rules:

• You must be 18 years of age or older. *You must provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.
• If you register as a business entity, you personally guarantee that you have the authority to agree to any terms on behalf of the entity.

And, you are solely responsible for:

• Your account and any activity on your account, whether expressly authorized by you or not.
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Web Site through your account or internet connection are aware of these Terms and comply with them.

Western Sporting shall not be responsible for any damage arising from User's failure to comply with this section. User may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Web Site solely for User's internal use of this Web Site or in connection with a General Commercial Use License or Enterprise Use License for an Item. Any other redistribution, retransmission or publication of any material is strictly prohibited without the express written consent of Western Sporting and/or the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Web Site. Western Sporting has the right to disable any user name, password, or other identifier at any time in its sole discretion for any or no reason, including if a User has violated any provision of these Terms.

POSTINGS AND SUBMISSIONS

By uploading items, files, images, posting messages, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or with the Web Site, you hereby warrant and represent that you are the owner of your Communications or you have all rights necessary to upload, post, transmit and otherwise use any such Communications for your intended purpose. Any Communications will be considered non-confidential and non-proprietary. User hereby grants to Western Sporting and its licensees, successors and assigns a worldwide, non-exclusive, irrevocable, sub-licensable, royalty-free right and perpetual license to use, copy, distribute, display, publicly perform, reproduce, transmit, modify, disclose, and edit your Communications in order to display items, respond to inquiries, and to fulfill orders sold by us. You agree not to assert any moral rights or rights of publicity against us for using your Communications.

PROPRIETARY MATERIALS

This Web Site, including its contents, features, and functionality, is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. The Web Site contains copyrighted material, trademarks and other proprietary information of Western Sporting, its licensors, and others (collectively "Proprietary Material"), which may include, but shall not be limited to: text, software, photos, video, graphics, images, music and sound. Except to the extent permitted by an applicable Western Sporting General Commercial Use License or Enterprise Use License, User agrees not to modify, publish, publicly display, download, copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without proper authorization.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICES

Western Sporting will respond to notices of alleged infringement that comply with the "Digital Millennium Copyright" Act. For directions and more information see this document via a Google search.

USER REPRESENTATIONS

User represents, warrants, and covenants that User shall only use this Web Site for lawful purposes, in accordance with these Terms, and User shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which:

• Restrict or inhibit any other user from using and enjoying the Web Site.
• Are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent.
• Falsely state or otherwise misrepresent your affiliation with any person or entity.
• Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law.
• Violate, plagiarize or infringe the rights of third parties including without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right.
• Contain a virus or other harmful component.
• Contain any information, software or other material of a commercial nature.
• Contain advertising of any kind.
• Constitute false or misleading indications of origins or statements of fact.

NO LIABILITY FOR RELIANCE

The information presented on or through the Web Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Web Site, or by anyone who may be informed of any of its contents.

This Web Site may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all postings and responses to questions and other content, other than the content provided by Western Sporting, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Western Sporting. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through our Web Site or other transactions for the sale of goods, services, or information formed through the Web Site, or resulting from visits made by you, are governed by our Terms and Conditions of Online Sales ("Terms of Sale"), which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services, or features of the Web Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

You acknowledge and agree that Items are provided under license, and not sold, to you. By downloading, installing or otherwise accessing an Item, you do not acquire any ownership interest in it, or any other rights thereto other than to use the Item in accordance with the Western Sporting General Commercial Use License or Enterprise Use License, and subject to these Terms.

Western Sporting has endeavored to display images and colors accurately. However, the images are for illustrative purposes only and Western Sporting cannot guarantee that your device's display accurately depicts the applicable product or Item.

INDEMNIFICATION

User agrees to indemnify, defend and hold harmless Western Sporting and its affiliates, directors, officers, employees, agents, shareholders, licensors, service providers, and its and their respective successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Web Site, including, but not limited to, your User Contributions, any use of the Web Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Web Site.

INSURANCE

User represents and warrants that User maintains such policies of comprehensive general liability, professional liability and other insurance with such coverages as may be required to insure User and its officers, directors, shareholders, managers, members, agents and employees in connection with the performance of or compliance with User's representations, warranties, promises, duties and obligations under these Terms, including, without limitation, liability, loss or damage arising by reason of acts or omissions of User, its officers, directors, shareholders, managers, members, agents or employees.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Web Site, including any Item or User Contribution, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data, and for maintaining a means for any reconstruction of any lost data. To the fullest extent of the law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer, data, or other proprietary material due to your use of the web site or any services or items obtained through the web site or to your downloading of any material posted on it, or on any web site linked to it.

**The web site is provided "as is" without warranty of any kind, whether expressed or implied, including but not limited to any warranty as to the accuracy, completeness, currency, reliability, non-infringement or content of any information or material provided by or through this web site, and the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality, accuracy, adequacy, completeness, currency, reliability, non-infringement, correctness, or validity of any information or material provided by or through the web site rests with the user. Western Sporting does not warrant that the functions of the web site will meet the user requirements or that the operation of the web site will be uninterrupted or error free. **

Further, user's use of this web site and its content is done entirely at user's own risk. Western Sporting will not be responsible to user or any third parties for any damages based on user's use of this web site or its content and user hereby releases Western Sporting and waives any and all claims user may have against Western Sporting from losses incurred as a result of user's use of this web site and its content.

NO LIABILITY FOR LOSS OR INJURY

Western Sporting shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering information contained in the Web Site.

LINKS TO THIRD PARTY SITES

The Web Site may contain hyperlinks to web sites and other resources operated by parties other than Western Sporting. Such hyperlinks are provided for convenience only. Western Sporting does not control such web sites, and is not responsible for them. Western Sporting's inclusion of hyperlinks to such web sites and other resources does not imply any endorsement of the material on such web sites or any association with their operators. If you decide to access any of the third-party web sites linked to this Web Site, you do so entirely at your own risk and subject to the terms and conditions of use for such web sites.

LIMITATIONS ON LIABILITY AND REMEDIES

**To the fullest extent provided by law, in no event will Western Sporting, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the web site, any web sites linked to it. Western Sporting is also no liable for any content on the web site or such other web site, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. **

PRIVACY

Western Sporting's Security & Privacy Policy is accessible here. By accepting these Terms, User expressly consents to use of User's information, as enumerated in the then-current privacy policies of Western Sporting, which are incorporated herein by reference.

TERMINATION

Western Sporting may terminate User's right to access the Web Site at any time, with or without cause, in Western Sporting's absolute discretion and without notice. The recital in these Terms of specific grounds for termination of User's right to access the Web Site shall in no manner whatsoever limit Western Sporting's absolute right to terminate User's access to the Web Site under this paragraph.

RIGHT TO MODIFY TERMS

Western Sporting has a right to modify these terms in any manner and at any time, with or without cause, in Western Sporting's absolute discretion and without notice or liability. Any modification is effective immediately upon posting on the Web Site. User's continued use of the Web Site following any modification of these Terms shall be conclusively deemed an acceptance of any modification. User's only right with respect to any dissatisfaction with any modification made pursuant to this provision, or any policies or practices of Western Sporting in providing the Web Site, is to cease use of the Web Site.

RIGHT TO MODIFY WEB SITE

Western Sporting may at any time, without notice or liability, change or eliminate any content or feature of the Web Site, or restrict the use of any portion of the Web Site. Users only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Web Site.

GENERAL

These Terms and all other matters related to the Web Site, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Wyoming, without giving effect to conflict of laws principles. The federal and state courts within Sheridan County, Wyoming shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms and the Web Site, and User hereby expressly consents to such personal jurisdiction. At Western Sporting's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Web Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Wyoming law.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. No waiver by Western Sporting of any term or condition set out 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 Western Sporting to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. The User may not assign or transfer these Terms or his, her, their, or its rights hereunder, and any attempt to the contrary is void. Western Sporting shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. User shall comply with all applicable laws and regulations relating to User's access to and use of the Web Site. These Terms, the Security & Privacy Policy, any applicable Western Sporting Commercial Use License or Enterprise Use License, and Terms of Sale set forth the entire understanding and agreement between Western Sporting and User with respect to the subject matter hereof and supersedes any prior understandings or agreements, both written and oral, with respect to such subject matter.

Should you have any questions concerning these Terms please contact us.

PRICES, TERMS, AND POLICIES

Prices, terms and policies are subject to change without prior notice.