Updated per December 1st 2018
1. Scope of Use
THE SITE AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
DKS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND DKS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
4. Limitation of Liability
DKS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF DKS, AN AFFILIATE OF DKS, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DKS ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO DKS, IF ANY, FOR ACCESSING THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you are accessing the Site in the course of a business or commercial enterprise, you agree to indemnify us and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.
6. User Submissions and Access Security
If you register with this website, by registering you certify that the information you provide on the registration form is accurate and pertains only to you. You are responsible for maintaining the confidentiality and security of your log-in information or password. Your log-in information and password may not be shared with or used by any other person, and may only be used as we may expressly authorize. You are solely liable for any unauthorized or otherwise unlawful use of any log-in information and password we may make available for you to access any part of this site, and you will indemnify and hold DKS harmless from any suit, claim, loss or damage (including attorneys’ fees) arising from or relating to the unauthorized or otherwise unlawful use of any log-in information or password used to access any part of this site.
7. Changes and Modifications
DKS may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. DKS may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability. DKS may terminate the authorization, rights and license given to you, as provided herein, at any time.
8. Third-Party Providers and Sites and External Linking to the Site
On the Site DKS may provide links or other access to websites or to payment processing functions operated by other entities as a convenience to Site users. If you use these site links, you will leave DKS’s Site. DKS makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. DKS disclaims all liability with regard to your access to such linked web sites.
If you would like to link to this Site, you may do so only on the basis that you link to, but do not replicate, the home page of this Site. By establishing a link to this website, you will be deemed to have agreed to the following conditions:
- you will not remove, distort or otherwise alter the size or appearance of any text, description, image or content displayed on this website or any DKS logo, trademark, service mark, copyright, or other intellectual property;
- you will not create a frame or any other browser or border environment around this Site and you will not replicate or mirror any content on this website;
- you will not in any way claim, represent or imply that DKS endorses any products or services other than its own;
- you will not misrepresent your relationship with DKS nor communicate any other false, misleading or disparaging information about DKS, its products, or its affiliates, employees or customers;
- you will not otherwise use any DKS trademarks or service marks displayed on this Site without express written permission from DKS, and you shall make no use of such marks in a manner that is likely to cause confusion with, dilute or damage the goodwill in any DKS trademark or service mark;
- you will not link from a website that is not owned by you;
- and your will not link this website to any other digital destination that contains content that is distasteful, pornographic, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;
- you will immediately remove and disable all links to this website upon DKS’s request.
DKS expressly reserves the right to revoke the right granted in this section for breach of these terms or for any other act that DKS determines, in its sole discretion, may damage DKS or its business in any way, and to take any action it deems appropriate including, without limitation, disabling or blocking any link to this website and seeking appropriate legal remedies. On request by DKS, you promptly will remove and disable any link to this website. You shall fully indemnify DKS for any loss or damage suffered by DKS for breach of any condition stated in this Section and for any loss, damage or claim arising from or relating to your link to this website. DKS does not warrant or guarantee that any link to this website will be functional, and assumes no responsibility to assure that any link will access the site.
9. Trademark and Copyright Information
Trademarks and service marks that appear on the Site are trademarks of DKS or one or more of its affiliates and may not be used in connection with any product or service that is not DKS’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DKS. All trademarks and copyrights, unless otherwise noted, are owned or licensed by DKS and its subsidiaries. All other brand names, product names, or trademarks belong to their respective holders.
10. Governing Law
11. Local Laws
This Site is operated from or through one or more DKS or third-party facilities. DKS makes no representation that the information and materials on the Site are appropriate or available for use in other locations. Access of the Site from locations where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you are responsible for compliance with all applicable local laws. In addition, use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement including without limitation this paragraph and the warranty disclaimers and liability exclusions above. DKS makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk, and, if any part of this agreement is invalid or unenforceable under applicable law, 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 govern such use.
12. General Terms