Terms-Conditions-2024

F&S Media IP LLC

Terms & Conditions

Last modified: July 18 2024

F&S Media IP LLC
429 Chestnut Street
Nashville, TN 37203
Attention: Legal Department

The following Terms & Conditions (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”) and F&S Media IP LLC and its affiliates (“Company,” “F&S” “we,” “us,” or “our”), concerning your access to and use of any content, services, features, products or functionality, which are not already subject to a separate set of Terms & Conditions, made available on the website www.fieldandstream.com, as amended from time to time (the “Website”).

Your access and use of the Website is subject to these Terms & Conditions and all applicable laws. By accessing or using any part of the Website, you accept, unconditionally without limitation or qualification, these Terms & Conditions. If you do not agree with all of these Terms & Conditions, you may not use any portion of the Website.

THESE TERMS & CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

Accessibility

If you are having any trouble accessing these Terms & Conditions or the Website, please contact us at

info@fs1871.com.

Privacy – Information about You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Additionally, you acknowledge and agree that transmissions made over the internet are never completely private or secure and that messages or information you send to the Website may be intercepted or read by others.

MEMBERSHIP/SUBSCRIPTION

7-DAY TRIAL PERIOD. Field & Stream offers a 7-day trial period for new subscribers. If you decide to cancel within the 7-day trial period, the cost of your subscription will be refunded. To cancel during the trial period, log in to your Field & Stream account, under “my profile” click the "membership" tab, then click "cancel membership," or contact Field & Stream customer service at support@fs1871.com.

MANAGE YOUR SUBSCRIPTIONS. You can manage or make changes to your subscriptions at any time by logging into your Field & Stream account, clicking "membership," under “my profile” and following the prompts (e.g., view the status of your subscriptions, upgrade payment, change plans, or reactivate a subscription). Any changes you make will be reflected in your next shipment, except for changes initiated while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), in which case they will be reflected after the current order has been completed.

Field & Stream reserves the right to terminate or suspend your subscription for any reason at any time at our sole discretion.

AUTORENEWAL POLICY. Field & Stream offers subscriptions with a 365-day term/subscription period. If you purchased a new subscription or paid to renew an existing subscription in 2024, your subscription will automatically renew for each subscription period until you cancel it. By purchasing or renewing a subscription, you agree that Field & Stream (or its third-party payment processor) may charge you an initial and recurring subscription fee at our then-current subscription rate, without further authorization from you. You accept responsibility for all recurring charges until you cancel your subscription. We will notify you before each recurring charge. There is no minimum purchase obligation.

You can make changes, or cancel your subscription at any time only as outlined below; otherwise, subscriptions cannot be returned/refunded. There are no additional fees associated with cancelling your subscription, and no minimum purchase obligation.

CANCELATION PROCESS. You may cancel your subscription at any time; the cancellation will be effective for the subsequent period. To cancel, log in to your Field & Stream account, under “my profile” click the "membership" tab, then click "cancel membership." You may also cancel by contacting Field & Stream customer service at support@fs1871.com. If you cancel before the next recurring payment is charged, your subscription will terminate automatically, and Field & Stream will not charge your payment provider for any subsequent subscription periods. If you cancel while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), Field & Stream will continue to process your order; your subscription will terminate automatically after the last order is shipped.

MEMBERSHIP OFFERS: Limited-time Partner gifts and special offers are only available for new subscriptions on a first come, first served basis, are subject to change anytime, and while supplies last. These items will be shipped directly from the Partner. Limit one per customer. A percentage (10%) of net profits from memberships support select outdoor-education & conservation charity partners.

TAXES & SHIPPING COSTS TO CANADA: Sales tax may apply to subscriptions. For Print and Premium subscriptions, $26 will be added to your membership if mailed in Canada. All prices are in U.S. dollars.

Accessing the Website

To access some of the resources the Website offer, such as the ability to contact us, you may be asked to provide certain personal details or other information. It is a condition of your use of the Website that all the information you provide through the Website is correct, current, and complete. If you have a subscription or other form of account with us, you are responsible for maintaining the confidentiality of any login, password and other information associated with your account. You accept responsibility for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree that, to the extent permitted by law, Company will not be liable for any loss you may incur as a result of someone other than you using your account to access information, either with or without your knowledge. You agree that all information you provide through the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or entire Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, metadata, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal use only. You must not, without the prior written consent of the Company:

·       Reproduce, duplicate, distribute, modify, create derivative works of, publicly display, publicly perform, or republish any of the material on our Website.

·       Modify copies of any materials from these sites.

·       Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

·       Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

·       Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website, please address your request to: info@fs1871.com. We may grant you permission for such use in our sole discretion. Use for which permission has been received in writing must include, with the republished material, a credit line such as “Copyrighted material courtesy of F&S Media IP LLC” or “Copyrighted photo courtesy of F&S Media IP LLC ” or its affiliates as appropriate.

If you print, copy, or modify, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of these Terms and may violate copyright, trademark, and other laws.

Copyright Policy and Infringement

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

·       Your physical or electronic signature.

·       Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

·       Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

·       Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

·       A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

·       A statement that the information in the written notice is accurate.

·       A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices and Counter Notices is:

Copyright Agent

F&S Media IP LLC

429 Chestnut Street

Nashville, TN 37203

info@fs1871.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

·       Your physical or electronic signature.

·       An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

·       Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

·       A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

·       A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers – It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Trademarks

The Company name, the Company logo, and all related domain names, names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

·       In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·       For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

·       To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

·       To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing) or engage in conduct without the Company’s prior written approval which suggests there is an endorsement by or commercial relationship with the Company.

·       To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

·       Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

·       Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

·       Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms & Conditions, without our prior written consent.

·       Use any device, software, or routine that interferes with the proper working of the Website.

·       Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·       Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

·       Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

·       Otherwise attempt to interfere with the proper working of the Website.

Artificial Intelligence Use

We do not consent to the content on the Websites being used, reproduced, or downloaded in any manner or by any third parties for the purposes of developing, training, or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), including but not limited to translation services. Users of the Websites, including any third parties accessing the Websites through automated systems, are prohibited from:

(i)                         using any of the content on the Websites for Artificial Intelligence Purposes without first seeking our specific and express permission and

(ii)                       (ii) sub-licensing or directing others to reproduce and/or otherwise use the Website content in any manner for purposes of training artificial intelligence technologies to generate text, audio, or video without our specific and express permission.

Users or automated systems that fail to respect these choices will be considered to have breached these Terms & Conditions.

Reliance on Information Posted

THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES, AND IS PROVIDED ON AN “AS IS” BASIS. 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 WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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.

Payment Processing

The Website may allow visitors to make credit card payments for certain services and merchandise. We accept authorized payments through third-party payment processing service(s) that we have selected. Customers using the Website to purchase services or merchandise must provide all required payment information and may be directed to our third-party payment processor’s website to complete the transaction.

All credit card transactions on the Website processed through our selected payment processing service are processed in a secure, online payment gateway that encrypts your credit card details in a secure host environment. These details will only be used to process credit card transactions that you have initiated. We do not have access to or store your credit card information on our systems.

You acknowledge and agree that for any payment information you provide, the account being used is yours or that you have been specifically authorized to use it. All credit card account holders are subject to validation and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any non-delivery of services or merchandise.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

·       Link from your own or certain third-party Website to certain content on the Website.

·       Send emails or other communications with certain content, or links to certain content, on the Website.

·       Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party Website.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional Terms & Conditions we provide with respect to such features. Subject to the foregoing, you must not:

·       Establish a link from any website that is not owned by you;

·       Cause the Website or portions thereof to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;

·       Link to any part of the Website other than the homepage; or

·       Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms & Conditions.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms & Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them or reliance upon information in them. If you decide to access any of the third-party Website linked to the Website, you do so entirely at your own risk and subject to the Terms & Conditions of use for such Website.

Eligibility

You must be at least 13 years old to use the Website. By agreeing to these Terms & Conditions, you represent and warrant to us that: (a) you are at least 13 years old; and (b) your use of the Website complies with any and all applicable laws and regulations. If you are between the ages of 13 years old and 18 years old, you must obtain parental consent before providing any information, personal or otherwise, through the Website.

Children accessing the Website should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a “Minor”), to access the Site, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of the Website; and (iii) the consequences of any use of the Website by such Minor.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms & Conditions.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, service providers, agents, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

We may refuse, alter, or remove a User Contribution without notice for any reason at our sole discretion, including our belief that a User Contribution may violate these Terms & Conditions or be otherwise objectionable. If and to the extent that we elect to accept User Contributions, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Contributions posted on the Website, at any time and for any reason, without notice, including to ensure that all such User Contributions comply with these Terms & Conditions. We do not endorse any User Contributions and the User Contributions posted do not reflect our opinions, views or advice. You are solely responsible for your User Contributions and the consequences of posting and publishing them and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Contributions. We take no responsibility and assume no liability for any User Contributions that you or any other User or third-party posts or sends on or through the Website, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any User or third party.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other User and shall have no liability for your interactions or any disputes with other Users or for any User’s action or inaction. You are solely responsible for your conduct on the Website and your interactions with other Users.

You are responsible for carefully selecting the information you post on the Website and that you provide to other Users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other Users with whom you come in contact through the Website, and to the extent that the law permits, you release us from any claims or liability related to any User Contributions posted on the Website and from any claims related to the conduct of any other Users.

You represent and warrant that:

·       You own or control all rights in and to the User Contributions and have the authority to grant the rights granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

·       All of your User Contributions do and will comply with these Terms & Conditions.

·       You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

·       We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Website.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply in their entirety with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

·       Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·       Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·       Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.

·       Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions or our Privacy Policy.

·       Be likely to deceive any person.

·       Promote any illegal activity, or advocate, promote, or assist any unlawful act.

·       Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

·       Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

·       Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

·       Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & Conditions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

No Ideas Accepted

We do not accept any unsolicited ideas regarding the Website from outside the Company including, without limitation, suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us without condition. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, transferable, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation or attribution to you.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY 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 EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL F&S AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, PROGRAMS, DATA, BUSINESS, REVENUE, GOODWILL, PROFITS, OR OTHER ECONOMIC ADVANTAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, MODIFICATION, COPYING, DOWNLOADING, OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE WEBSITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF F&S AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, AGENTS, SUCCESSORS, OR ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL F&S’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR SERVICES, PRODUCTS OR ANY ACTIVITY RELATED TO USE OF THE WEBSITE OR $100 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL F&S AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, AGENTS, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS F&S AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. F&S MAKES NO REPRESENTATION THAT THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE WEBSITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

Unless prohibited by applicable law, you agree to indemnify, defend and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, 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 & Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’ content, features, products and functionality other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the Website.

Changes to the Website and these Terms & Conditions

All information posted on the Website is subject to change at any time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. In addition, we may revise and update these Terms & Conditions at any time at our sole discretion. All changes are effective immediately when we post them and any material modifications will only be applied prospectively. We will make any such changes by posting them on the Website. You should check the Website for such changes frequently so you are aware of any changes, as they are binding on you. Your continued access to the Website after such changes demonstrates your acceptance of those changes.

Severability

If any part of these Terms & Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms & Conditions. The rights and remedies of Company under these Terms and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.

Governing Law; Dispute Resolution; Arbitration

The laws of Tennessee shall govern these Terms & Conditions. While we will make reasonable efforts to resolve any disagreements you may have with the Company, if these efforts fail, you agree that all claims, disputes, or controversies against the Company arising out of these Terms & Conditions, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, injunctive, or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and the Company agree in writing, and the arbitrator shall apply Tennessee law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE

ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association using the contact information noted below.

American Arbitration Association

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms & Conditions, in which case these Terms & Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Jurisdiction

The Website is provided from the United States and all servers that make them available reside in the United States and in other jurisdictions. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of the Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.

Questions

Should you have any questions regarding these Terms & Conditions you may contact us via email at info@fieldandstream.com or at 429 Chestnut Street, Nashville, TN 37203. Attention: Legal Department.