Terms of Use - This Is Fishing

These TERMS OF USE (this "Agreement") concern the This is Fishing website (together with its pages and features, the "Site"). This Agreement is made and entered into by and between you and any person helping you visit, access, register with or use the Site (collectively, "you" or "your"), on the one side, and KSE Outdoor Sportsman Group, LLC ("OSG"), on the other side. You and OSG are sometimes referred to herein each as a "Party" and together as the "Parties."

Please read this Agreement carefully before accessing or using the Site because it constitutes a legally binding agreement between you and OSG. This includes the "Dispute Resolution" clause contained in this Agreement, which provides for binding arbitration and waivers of jury trials and class actions.

By visiting, accessing, registering with or using the Site you are automatically accepting and agreeing to the most-recent version of this Agreement, and your continuing visit, access, registration with or use of the Site reaffirms your acceptance and agreement in each instance.

If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, registering with and/or using the Site.

OSG may supplement, amend or otherwise modify this Agreement at any time. Such modifications will be posted on this or a similar page of the Site, and shall be deemed effective as of their stated effective or modification date. It is your responsibility to carefully review this Agreement each time you visit, access, register with or use the Site.

KSE Outdoor Sportsman Group, LLC, Attn.: Copyright Agent, 4500 S. 129th E. Avenue, Suite 201, Tulsa, Oklahoma 74134, tel.: (918) 281-4508, email: [email protected]

Eligibility. The Site is offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement. By accessing, registering with or using the Site, or by purchasing or using any products or services through the Site, you represent and warrant to OSG that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Site and for purchasing and using any products or services through the Site, and you may only use them for lawful purposes.
Privacy. OSG respects your privacy and the use and protection of your personal information. OSG's policies concerning the collection and use of your personal information in connection with the Site are set forth in the Privacy Policy, which you should carefully review each time you visit, access, register with or use the Site.
Your Devices. Certain portions of the Site may be configured for, and OSG may offer the Site through, computers, tablets, smart phones and/or other electronic devices ("Device(s)"), and this Agreement shall apply with equal force and measure to your visit, access, registration with and use of the Site through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Site. OSG does not guarantee that the Site or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. If you visit, access or use the Site through a particular Device, then you hereby acknowledge and agree that information about your use of the Site through that Device or its carrier or network (such as, by way of example only, the identity of your Device or its carrier or network) may be communicated to OSG and/or certain third parties. All or any part of the voice, message, and data fees, rates, charges and taxes of your Device's carrier or network, or another third party, may apply to your visit, access, registration with and/or use of the Site. OSG is not responsible for, and you further accept full responsibility for, all Device, carrier and network fees, rates, charges and taxes which may apply, if any.
Ownership. The Site and all elements and derivatives thereof (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by OSG. In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of OSG's or its licensors’ respective rights and remedies under applicable law.
Rights, Permissions, and Consents.
1. License of the Site. Subject to the terms and conditions of this Agreement, OSG grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. Your unauthorized use of the Site, or any breach by you of this Agreement, automatically terminates this license.
2. License of User Materials. All names, photographs, information, communications and any other content that you submit to or publish on or through the Site, or that you submit to or publish on an online social media account (e.g., Facebook, Google Plus, Twitter, Instagram) that you own and link or otherwise associate with the Site, if any and as applicable, is hereinafter defined as the "User Materials." You hereby grant OSG an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license for OSG to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as OSG sees fit in its sole discretion.
3. Reservation of Rights. Nothing in this Agreement shall restrict or limit OSG's rights, titles or interests in or to the Site, the User Materials or any elements or derivatives of the foregoing.
4. Warnings; Disclaimers. Please note that the User Materials might become the subject of public disclosure. Thus, OSG is not responsible for, and expressly disclaims any liability arising from or in connection with, its use of any User Materials in accordance with the terms and conditions of this Agreement.

Suspension or Termination of Service. OSG has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site at any time, and without notice or recourse, as OSG deems advisable in its sole discretion. OSG shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).

Electronic Communications.
1. Express Consent. You hereby expressly consent to OSG and its affiliated companies sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) through the Site, by personal communication, by email, by telephone or by online social media. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act or any other applicable laws, rules or regulations. Voice, message, and data fees, rates, charges and/or taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any other OSG products or services.
2. Email Opt-Out. You may opt-out of receiving any emails as described in section 7(a) above any time by following the opt-out instructions in any such emails you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, OSG's products or services, and/or your ability to receive certain messages and/or notifications from OSG.
3. Other Opt-Outs. You may opt-out of receiving certain communications by providing OSG with an email to [email protected], with a subject line of "Opt-Out of Communications," a list in the body of the email that identifies the specific type of communication(s) that is the subject of your opt-out request (e.g., communications by automatic telephone dialing system), and a list in the body of the email that identifies the telephone number(s) or email address(es) (as applicable depending on the specific type of communication(s) that is the subject of your opt-out request) belonging to you which are the subject of your opt-out request. You acknowledge that opting out of receiving any of those communications may impact your receipt, the success, and/or the performance of all or any part of the Site, OSG's products or services, and/or your ability to receive certain messages and/or notifications from OSG.

Submissions. OSG does not accept unsolicited materials or ideas for content, and you acknowledge and agree that neither OSG nor any of OSG's content providers are responsible or liable for the similarity of any information or content made available on or through the Site.
Prohibited Activities. You shall not engage in any of the following activities at any time with respect to the Site: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by OSG or its licensors with respect to the Site); (c) the reproduction of the Site or any information or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by OSG herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive); (e) the publication of a person's or entity's personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements to or through the Site that is false, misleading, deceptive or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (i) the systematic retrieval or copying of any information or content found on or through the Site or its servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (j) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site or its servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like in relation to the Site or its servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site or its servers; (m) any act that gains or attempt to gain unauthorized access to computer systems, networks, information or materials through the Site or its servers; or (n) any other act that OSG becomes aware of and believes in good faith is improper, illegal or harmful to the Site or its servers, or any person, entity or property.
Links to Other Sites, Apps, Networks, Platforms, and Servers.
1. Linked Technologies. The Site and/or any communications sent through or as a function thereof may contain links to third-party websites, networks, platforms, servers and/or applications, and, similarly, third-party websites, networks, platforms, servers and/or applications may contain links to the Site (collectively, "Linked Technologies"). The Linked Technologies are not under the control of OSG. The Site and any such communications contain the outgoing links as a convenience to you.
2. Disclaimer About Linked Technologies. OSG is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information and illegal content). OSG does not make, nor has OSG made, any representations or warranties (express, implied or otherwise) concerning the terms of use or service, privacy policies, agreements, information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies; nor shall the fact that the Site may link to or from any Linked Technologies constitute an affiliation with, association with or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from such Linked Technologies. If you decide to access any Linked Technologies, then you do so at your own risk.

Take Down. OSG reserves the right, but not the obligation, to take down or otherwise exclude from the Site, without notice or recourse, any communications, names, photographs, information and/or content made or submitted by you or others on or through the Site which OSG believes at any time and in its sole discretion to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity; plagiarizing; defamatory; disparaging; embarrassing towards any person or entity; disclosing of confidential, private or personal information about or belonging to any person or entity; profane; indecent; obscene; racist, sexist, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; illegal; false; misleading; deceptive; inciting violence; hate speech; and/or a political attack on a group or individual.
Copyright Infringement. OSG respects the copyrights of others and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Site, or from engaging in any activities on or through the Site, which violate the copyrights of others. It is the policy of OSG to terminate, and OSG reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of any subscriber and account holder (which may include, without limitation, you) to access, register with and use the Site who is a repeat copyright infringer. And if OSG becomes aware that a user who is not a subscriber or account holder (which may also include, without limitation, you) is a repeat copyright infringer, then it is the policy of OSG to take reasonable steps within its power to terminate, and OSG reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of that user to access and use the Site. The following procedures shall apply in the event that you or another person or entity alleges that the reproduction, public performance, public display, digital transmission or other use of a work found on the Site infringes your copyright, the copyright of said person or entity or any other intellectual property right owned by you or said person or entity. These procedures are intended to comply with 17 U.S.C. § 512 and any other applicable laws. By visiting, accessing, registering with or using the Site, you are automatically agreeing to comply with the following procedures.
1. Takedown Notice (Materials). To report any materials on the Site that violate the copyrights of others, you must send OSG a written communication that includes substantially the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Takedown Notice (Information Location Tools). To report any information location tools (e.g., hyperlinks) on the Site that refer or link users to an online location containing infringing material or infringing activity, you must send OSG a written communication that includes substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that any material you have uploaded, posted, distributed, or otherwise transmitted on the Site has been removed by mistake or misidentification, and if you have the right to upload, post, distribute or otherwise transmit the material at issue, then you may send OSG a written communication that includes substantially the following:
1. A physical or electronic signature of the subscriber;
2. 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 to it was disabled;
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
Copyright Administrator. The foregoing written communications (i.e., the above-described takedown notice, and the above-described counter-notice) must be sent to the following designated agent of OSG:

User Representations, Warranties, and Covenants. You represent, warrant and covenant to OSG that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that by accepting this Agreement you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state or local laws which may concern the Site, its servers or any information, communications or content found on or through them; (g) you are the exclusive owner of all rights, titles and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass or disclose confidential, private or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology; (l) OSG is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under this Agreement; (m) no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to OSG in connection with your access or use of the Site is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.
Disclaimers and Limitations.
1. General Disclaimer. Your visit, access, registration with or use of the Site and/or any products or services made available to you on or through the Site in any way is done at your own risk. the Site, the success or performance of the Site, and all information, communications, content, features, products and services offered, sold, licensed or made available on, through or in relation to the Site are provided to you on an "as is," "where is," "as available," and "with all faults" basis. OSG does not make, nor has OSG made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Site, any such information, communications, content, features, products or services or their success, performance, functionality, reliability or safety. OSG expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, accuracy, reliability and performance) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Site, any such information, communications, content, features, products and services and their success, performance, functionality, reliability and safety. OSG does not make, nor has OSG made, any affirmation of fact, promise or warranty (express, implied or otherwise) relating to the Site, any such information, communications, content, features, products or services or their success, performance, functionality, reliability or safety that extends beyond the face of this Agreement or that has become any basis of any bargain.
2. Disclaimer About Products and Services.
  . You understand and acknowledge that the Site may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of OSG's control. Accordingly, OSG shall not be responsible for, and expressly disclaims, any delays, failures, losses, injuries, liabilities or damages associated with the Site which result from any system delays, downtimes, interruptions or other failures of or problems with the Site which are outside of OSG's control (including, without limitation, scheduled maintenance or network failure).
3. Disclaimer About Certain Information, Communications and Content. Any opinions, advice, reviews, statements, offers or other information, communications or content found on, through or in relation to OSG, the Site or any third-party providers (including, without limitation, other websites, advertisements, and social media pages) are those of their respective authors, and not necessarily those of OSG; thus, they should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such information, communications or content. OSG does not guarantee, adopt or endorse the accuracy, completeness, reliability or usefulness of any such information, communications or content, even if OSG is the author. OSG is not responsible for the accuracy, completeness, reliability or usefulness of any such information, communications or content. Under no circumstances shall OSG be liable to you or any third parties for any loss or damage caused by or arising from or in connection with your reliance on any such information, communications or content.
4. Limitation of Liability. In no event shall OSG or any of OSG's officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: (i) your visit, access, registration with or use of the Site, or your inability to visit, access, register with or use the Site; (ii) any products or services made available on, through or in relation with the Site; (iii) any statements, content or conduct of any third party on, through or in relation to the Site or any such products or services; (iv) any unauthorized access to or alteration of your personal; (v) any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s) or network(s); (vi) any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s) or network(s); (vii) the fact that you have relied on any information, content or communications published on, through or in relation to the Site or any such products or services; or (viii) any acts, errors or omissions of any third-party providers. If you are dissatisfied with the Site or any products or services offered, sold, licensed or made available on, through or in relation to the Site, then your sole and exclusive remedy is to discontinue your access and use of the Site and such products and services.
5. No Injunctive Relief. If OSG breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Site and/or any products or services made available on, through or in relation to the Site as a result of such breach or other violation. For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement).
6. Limitation of Remedies. If OSG breaches or otherwise violates this Agreement, then in no event shall you be entitled to recover any special, incidental, consequential, speculative or punitive damages arising out of or in relation to such breach or other violation, even if OSG has been notified of the possibility of such damages.
7. Consumer Protections. The disclaimers and limitations set forth in this section 14 are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
General Release of Claims. You hereby release and hold harmless OSG and OSG's officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Site, the products or services made available on or through the Site and/or the rights and privileges granted or conveyed by you under this Agreement (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing). Further, you waive your right to, and in no event shall you seek to, enjoin OSG, any of OSG's officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees or any exercise of the rights or privileges granted or conveyed by you under this Agreement (including, without limitation, the User Materials).
Indemnification. You hereby agree to indemnify, release and hold harmless OSG and OSG's officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorneys' fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors or omissions, (b) your use of the Site or any products or services made available on or through the Site in any manner contrary to the terms and conditions of this Agreement, (c) your violation of the rights of or other injury to any third party, and/or (d) your breach of all or any part of this Agreement.
Term; Termination; Survival. This Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Agreement. OSG may terminate this Agreement at any time, for any or no reason, and without notice to you (including, without limitation, if OSG believes that you have violated or acted inconsistently with any term or condition of this Agreement). If this Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically revert back to OSG, and the following shall survive in perpetuity: (a) all defined terms under this Agreement; (b) all rights and privileges under this Agreement which were granted to and/or accrued in favor of OSG and/or any of OSG's officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Agreement's termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Agreement.
Governing Law. This Agreement, the additional terms, conditions, and policies referenced herein (including, without limitation, the Site's Privacy Policy), your visit, access, registration with or use of the Site, any transactions made on or through the Site, any products or services purchased on, through or in relation to the Site, the Parties' relationship, and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Colorado in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.
Dispute Resolution.
1. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Agreement, any additional terms, conditions, or policies referenced in this Agreement, your visit, access, registration with or use of the Site, any transactions made on or through the Site, any products or services purchased on, through or in relation to the Site, and/or the Parties' relationship (whether grounded in contract, tort, statute, law or equity) (collectively, the "Dispute(s)") to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor ("JAMS") for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final and confidential. Each Party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.
2. Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Denver, Colorado, United States of America. JAMS Rules, unless otherwise agreed to by the parties to the arbitration.
3. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and in any event not more than forty-five (45) days after the close of evidence and briefing. The arbitrator's decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by section 19. Any decision, judgment, ruling, finding, award or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award or other determination of the arbitrator shall be filed under seal.
4. Arbitration Fees and Expenses.
5. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of the State of Colorado in Denver County, Colorado, United States of America and the United States federal courts in the District of Colorado, Denver Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
6. Waiver of Jury Trial and Class Action. Regardless of whether a particular dispute is subject to arbitration or litigation, each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding or to name unnamed members in any purported class action or other proceedings.
Notice. Unless otherwise expressly stated in this Agreement, OSG may give or deliver all other notices to you by means of a general notice posted on this or a similar page of the Site, and shall be deemed effective as of their stated effective dates.
Relationship. In no event shall this Agreement, the performance of a Party's rights or obligations under this Agreement, the Site, any transactions conducted through the Site or a Party's access of, registration with or use of the Site create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you or OSG.
Miscellaneous.
1. Electronic Signatures. If your acceptance of this Agreement is further evidenced by your affirmative assent to the same (e.g., by a "check the box" acknowledgment procedure), then that affirmative assent is the equivalent of your electronic signature to this Agreement. However, for the avoidance of doubt, your electronic signature is not required to evidence or facilitate your acceptance and agreement to this Agreement, as you agree that the conduct described in this Agreement as relating to your acceptance and agreement to this Agreement alone suffices.
2. Excused Performance. OSG is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.
3. Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without OSG's prior written consent in each instance.
4. Construction and Interpretation. This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
5. Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of this Agreement.
6. Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
7. Entire Agreement. This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site's Privacy Policy), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.
Contact Us. Please direct any questions you may have about the Site or this Agreement to [email protected], with a subject line of "Website Question." The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Agreement.
Last Modified. This Agreement was last modified on January 30, 2018.

All descriptions, images, references, features, content, specifications, products and prices of any products or services offered on, through or in relation to the Site are subject to change at any time and without notice to you. Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on, through or in relation to the Site does not imply or warrant that they are or will be available. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any product or service ordered or purchased on, through or in relation to the Site. OSG reserves the right, with or without prior notice to you, to do any one or more of the following: (i) limit the available quantity of or discontinue any such product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar you from making or completing any transactions on or through the Site; and (iv) refuse to provide you with any such product or service.