This User Agreement sets forth the standards of use of the websites and online services owned and operated by Brandi Granett, LLC (“Archers Association of America”), including the archersassociation.org website (the “Site”) and the services provided via the Site (the “Services”). By using the Site and/or Services you (“the User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not use the Site or Services. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on our Site. Your continued use of the Site and/or Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
Description of Site and Services
Archers Association of America (“AAoA”) provides a centralized space for archery enthusiasts to discover discounts for archery gear, travel and everyday as well as provide a platform for the archery community to be informed on archery related topics. AAoA has an exclusive membership site that allows paying members to obtain gear, travel and everyday goods and services at a discount. Participating brands can leave the membership program at any time. When a user joins the AAoA paid membership they may not receive access to all of the brands listed at the time of their signup as the partnerships are ever changing.
The AAoA Commandments
1. I will not share my AAoA membership ID with others.
2. I will spread the word for products I buy and enjoy.
Help build awareness for archery products you purchase and enjoy. Spread your knowledge to encourage thoughtful purchasing.
3. I will say thank you to the manufacturer on social media for any giveaway items I receive
We are grateful to all the manufacturers for providing the AAoA the giveaway items that are sent out. Make sure to thank these manufacturers if you win the giveaway.
4. Any abuse may result in suspension of the individual.
This is our most serious rule. Abuse of your AAoA membership may cause immediate suspension of your membership.
Our goal is to help you obtain discounts so you can continue to enjoy shooting archery and get more information and promote archery in the community, but in order to have the support of the brands we work with, we have to enforce strict rules. Our purpose of doing this is to strike a balance between helping you and respecting our brand partners. If you have any questions at all, please contact info@archersassociationofamerica.org.
Membership Terms
The basic Site, giveaways and some content is provided free to Users who visit the Site. However, discounts and giveaways may only be available to paying Users of the Site.
Rules, Responsibilities and Obligations
Users agree to not use the Services and/or Site to: (i) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity or falsely state or otherwise misrepresent User`s affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services and/or Site; (v) upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or (x) interfere with or disrupt the Services and/or Site or servers or networks connected to the Services and/or Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Services and/or Site.
AAoA shall have the right, but not the obligation, to monitor the content of the Site and Services, including URLs and statistics, to determine compliance with this Agreement and any operating rules established by AAoA and to satisfy any law, regulation or authorized government request. AAoA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the AAoA Site or using the Services.
AAoA reserves to right to discontinue membership of any User who fails to comply with these terms.
Release and Waiver of Rights
You release AAoA and expressly waive any and all claims against AAoA that may arise from your use of the Services and/or Site. Specifically, without limitation, by uploading or linking to content using the Services and/or on the Site, you release AAoA and expressly waive all claims against AAoA arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use of the Services and/or Site.
If you choose to contribute any works of authorship to AAoA for consideration for publishing, your contribution may also be subject to a separate agreement in addition to these general Terms.
Communications from AAoA
Our Site and Services may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Users acknowledge that AAoA is not responsible for the availability of, or the content located on or through, any third-party site. Users should contact the site administrator or webmaster for those third-party sites if Users have any concerns regarding the content located on such sites. Use of third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. AAoA encourages all Users to review terms of use and privacy policies of third-parties sites.
All content added, created, uploaded, submitted, distributed or posted to the Site or Services by Users is the sole responsibility of the User who originated it.
Modifications and Interruption to Services or Site
Users acknowledge and accepts that AAoA does not guarantee continuous, uninterrupted or secure access to the Services or Site and operation of our Site or Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. AAoA shall not be liable to a User or any third party should for any modifications, interruptions, outages, downtimes or disruptions to the Services.
AAoA reserves the right to modify or discontinue the Services and/or Site with or without notice to Users.
Disclaimer of Warranties
The Services and SITE are provided by AAoA on an ‘as is’ and on an ‘as available’ basis. AAoA makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Services and SITE in terms of its correctness, accuracy, reliability, or otherwise. AAoA shall have no liability for any interruptions in the use of the SITE or Services. To the fullest extent permitted by applicable law, AAoA disclaims all warranties with regard to the information provided, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusions may be inapplicable to some users.
AAoA does not warrant that its SITE or Services will operate error-free or that its SERVICE, website and server are free of computer viruses and other harmful goods. If the User’s use of SITE or Services results in the need for servicing or replacing equipment or data, AAoA is not responsible for those costs.
Limitation of Liability
AAoA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR AAoA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES OR THE INFORMATION CONTAINED IN THE SITE OR THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF AAoA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Indemnification
Users hereby release and waive all claims against AAoA with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.
Users agree to indemnify and hold AAoA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Services or Site, the violation of this Agreement, or infringement by a User, or other User of the Services or Site using a User’s AAoA membership privilege, of any intellectual property or any other right of any person or entity.
Governing Jurisdiction of the Laws of New Jersey
These Terms of Use are governed by the laws of the Commonwealth of New Jersey, without giving effect to any choice of law rules. We make no representation that our Site, Services and/or Product are appropriate, legal or available for use in locations outside of the United States. Accordingly, if you choose to access our Site and/or use the Services or Product you agree to do so subject to the laws of New Jersey and the United States.
AAoA Copyrights and Trademarks
All content included or available on the Site or within the Services (other than User submitted content), including site design, text, graphics, interfaces, and the selection and arrangement thereof is the property of AAoA and/or third parties and is protected by intellectual property rights. Any use of materials on the Site or within the Services, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of AAoA is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Services, the Site or any portion thereof.
All trademarks displayed on the Site or that may appear within the Services are the trademarks of their respective owners, and their appearance constitutes neither an endorsement, nor a recommendation of those vendors, unless clearly identified as such.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by AAoA, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.
DISCLAIMERS
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
We take no responsibility and have no liability for any content you or any other user may post. User-posted content does not represent our advice, views, opinions, or beliefs, and we make no claim of accuracy of any user-posted material.
Our sites may contain or reference links to websites that are not controlled by us (“third party websites”). By accessing our sites and then following links to third-party websites, you may be exposed to content that you consider offensive or inappropriate. We are not responsible for the content of any third-party website or any link contained in a third-party website. The inclusion of a link within our sites does not imply any endorsement by or any affiliation with us. Access to any third-party website is at your own risk, and you should be aware that third-party websites may contain terms and privacy policies that are different from our sites. We are not responsible for such provisions and expressly disclaim any liability for them. We also encourage you to review any of the terms and/or privacy policies that may appear on such sites.
In connection with your use of our sites, you may be made aware of services, products, articles, offers, and promotions provided by third parties, and not by us. If you decide to use these third-party services, you are responsible for reviewing and understanding the terms and conditions governing those services. You agree that the third party, and not us, is responsible for performance of the services.
Warnings, Suspensions, and Terminations
You agree that your use of our sites may be immediately suspended or terminated without explanation or prior notice. Without limiting the foregoing, the following will lead to a termination of a user’s profile: 1) breaches or violations of this Agreement, Site Commandments, or other incorporated agreements or guidelines, 2) requests by law enforcement or other government agencies, 3) a request by you (self-initiated account deletions), 4) requests by your club leader or admin, 5) unexpected technical issues or problems, and 6) extended periods of inactivity. You agree that we shall not be liable to you or any third-party for any termination of your profile.
Rights to Content
For any content that you submit, including, but not limited to, data, text, messages, files, documents, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, your and/or other persons’ names, likenesses, voices, screen names, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world, on an unrestricted basis for any purpose, without the requirement of any permission from or compensation to you.
None of the content that you submit shall be subject to any obligation of confidence on our part, our agents, subsidiaries, affiliates, partners, or third party service providers and their respective directors, officers, and employees. All content that you submit may be used in our sole discretion. We shall not be liable for any use or disclosure of any content. Without limiting the foregoing, you hereby grant us, without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, and sub-licenseable worldwide license to use, re-use, reproduce, print, transmit, publish, exhibit, display, distribute, re-distribute, copy, host, cache, archive, store, index, categorize, stream, comment on, edit, alter, modify, adapt, translate, create derivative works based upon such content, in whole or in part all without further notice to you and with or without attribution.
Privacy and Security
Any content that you submit is subject to our Privacy Policy. Review our Privacy Policy and be cognizant of the content controls that you are employing (or have opted not to employ) on our website.
While we endeavor to employ reasonable security practices, no Internet website or social media platform is completely secure. At any time this website or any other Internet website for that matter could be compromised. Any content that you place on our sites is posted at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as posts including your contact information or email address. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in any profile or posting.
Indemnification
You hereby agree to indemnify, defend, and hold Us and all respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the Rules of the Road or claims arising from your content or conduct. You shall use your best efforts to cooperate with Us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Disclaimer of Warranties
THE CONTENT (INCLUDING, WITHOUT LIMITATION, POSTINGS, THIRD PARTY CONTENT, AND ANY OF OUR CONTENT) IS PROVIDED “AS IS” AND CARRIES NO WARRANTIES. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT, REGARDLESS OF WHO ORIGINATES THAT CONTENT. WE DO NOT WARRANT THAT THIS SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. WE ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM OUR SITES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability
MOST OF THE CONTENT (INCLUDING, WITHOUT LIMITATION, THE POSTINGS AND THIRD PARTY CONTENT) POSTED TO OUR SITES IS PROVIDED BY REGISTERED THIRD PARTIES NOT AFFILIATED WITH US. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT WE ARE NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, MODERATORS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THIS SITE, YOUR USE OF THIS SITE, YOUR VIOLATION OF THIS AGREEMENT OR THE RULES OF THE ROAD OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY, OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THESE LIMITATIONS MAKE IT POSSIBLE FOR US TO PROVIDE OUR SITES TO YOU.
Choice of Law and Location for Resolving Disputes
You agree that the law of the state of New Jersey governs this contract and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of New Jersey.
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