Terms and Conditions of Use
Effective Date: 5/3/2021
Welcome to our website. This Terms and Conditions of Use Agreement (“Agreement” or “Terms”) is by and between Sizzlin Arrow Outdoors, LLC (“Sizzlin Arrow”, “we”, “us”, “our”) and you (“you” or “your”) and governs your use of our Services, as that term is defined below. The Site, as that term is defined below, is maintained by us. By accessing, visiting, browsing, using, or attempting to interact with or use any part of the Site (collectively “use” or “using”), or using any Sizzlin Arrow products or products sold by Sizzlin Arrow, services, or content (collectively “Service” or “Services”; “Product” or “Products”), you agree that you have read, understood, and agreed to comply with, and be bound by this Agreement.
The most current version of these Terms supersedes all previous versions. Please review these Terms carefully and frequently. Sizzlin Arrow reserves the right to change these Terms at any time and without notice to you. Accordingly, you should check these Terms from time to time to ascertain if any changes have been made. Your continued use of the Site or any Service constitutes your acceptance of such changes to this Agreement. If you do not agree to these Terms you may not use the Site. If any new products, services, or content become available through the Site, they will be considered part of the Services and your use of them will be governed by this Agreement unless we notify you otherwise.
This Agreement specifies the terms and conditions for access to and use of www.SizzlinArrow.com (the “Site”) and incorporates by reference the Introduction paragraphs above. This Agreement may be modified at any time by Sizzlin Arrow upon posting of the modified Agreement. Any such modifications shall be effective as of the amended “Effective Date”. You can review the most recent version of this Agreement at any time at the Site. If you have visited the Site previously, you may request prior versions by following the contact instructions below. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Account Information and Passwords
You may be required to provide us with personal information to gain access to and use certain features of the Site and our Services (“Information”). You represent, warrant, and promise us that any and all Information you provide to us will be true, accurate, and complete at the time you provide it, and that you will not knowingly omit or misrepresent any Information we request. You further agree and authorize us to verify your Information as we deem necessary in order for you to use and access the Site and our Services.
Additionally, in order to log in to certain areas of the Site that may not be accessible by the general public, we may require you to enter an email and password (collectively “IDs”). Your IDs are personal to you and you agree that you will not allow any other person to use your IDs to access and use the Site or Services under any circumstances.
You hereby agree that you are solely responsible for maintaining the strict confidentiality of your IDs and that we are not liable for any harm caused by or related to the compromise or theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to use the Site or Services using your IDs. You agree to notify us immediately if you learn of any unauthorized use of your IDs or otherwise need to deactivate your IDs due to security concerns. We reserve the right to disable any IDs, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, whether you have or have not violated these Terms.
All content included on the Site is and shall continue to be the property of Sizzlin Arrow or its content suppliers and is protected under applicable copyright, trademark, patent, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site or Services (collectively “Content”) is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Site or Services.
“Sizzlin Arrow Outdoors, LLC” and others are either trademarks or service marks of Sizzlin Arrow. Other product and company names mentioned on the Site may be trademarks of their respective owners. Trademarks, service marks, logos, and copyrighted works appearing on the Site are the property of Sizzlin Arrow or the party that provided such intellectual property to Sizzlin Arrow. Sizzlin Arrow and any party that provides intellectual property to Sizzlin Arrow or the Site shall retain all rights with respect to any of their respective intellectual property appearing in the Site, and no rights on such materials are transferred or assigned to you by your use of the Site or Services.
The Site is intended for individuals 18 years or older only. This Site is not intended for anyone under the age of 18. You must be at least 18 years of age to access and use the Site and Services. If you are younger than 18 you are prohibited from using the Site and Services.
United States Users
Sizzlin Arrow grants you a limited, revocable, nonexclusive license to use the Site solely for your own use. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works or other works from, transfer, sell, or otherwise infringe on any intellectual property rights related to any information, content, software, products, or Services obtained from or otherwise connected to the Site. Your ability to use the Site and Services is at the sole and absolute discretion of Sizzlin Arrow and Sizzlin Arrow may terminate your use of the Site and Services at any time.
You may not use nor allow others to use your IDs or the Services to upload, distribute, transmit, communicate, link to, publish, or access anything that 1) is libelous, defamatory, vulgar, obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically, or otherwise objectionable or offensive, discriminatory or abusive; 2) is violative of any law or regulation of the rights of others; 3) causes duress, distress, or discomfort to anyone else; 4) is likely to deter or discourage anyone else from using the Site or Services; or 5) infringes on any intellectual property, privacy, or proprietary rights or confidentiality obligations of others.
You may not use nor allow others to use your IDs or the Site or Services to try to or actually disrupt, impair, or interfere with, alter, or modify the Services or Site; act in any way that negatively affects or reflects us, the Services, the Site, or any third parties; or try to or actually collect information from others without their prior consent.
You are prohibited from violating or attempting to violate the security of the Services or the Site in any way. Such violation(s) or attempted violation(s) may subject you to civil or criminal penalties. We reserve the right to investigate such violations or attempted violations and involve and cooperate with law enforcement at the state and federal level to prosecute you for such actions.
You understand and agree that sending unsolicited email advertisements to email addresses obtained through the Site or Services or through our computer systems is expressly prohibited, and that such sending is violative of federal laws.
You hereby agree to comply with all local, state, and federal laws, statutes, regulations, and rules applicable to your use of the Services and the Site.
Nothing in this Agreement shall create any right of action against us for failing to adequately screen potential users of the Site or Services.
You are solely responsible for any Information, data, text, software, music, sounds, photographs, graphics, video, messages, or other material (collectively “Your Content”) you post, upload, link to, or otherwise transmit to or through the Site and Services. You hereby represent and warrant that you own or have all necessary rights (including any necessary permissions and releases) to upload, display, and use of Your Content, and that you own or have all necessary rights (including necessary permissions and releases) to grant us the rights to Your Content contained in this Agreement. You further warrant and represent that our use of any of Your Content as contemplated by this Agreement does not violate the intellectual property rights of any other person or other third-party, except as you notify us in writing of any restrictions or limitations of use.
You expressly agree that we have no responsibility for or control over Your Content and how you use our Site or Services. We make no representation that your use of the Site or Services complies with applicable laws or that it was designed to comply with applicable laws. We do not represent, warrant, or guarantee the truthfulness, accuracy, quality, legality, or reliability of any of Your Content that you post, upload, link to, or otherwise transmit to or through the Site and Services. We reserve the unconditional right, but not the obligation, to remove, move, or edit any of Your Content, in our soul and absolute discretion, that we deem to be harmful, offensive, unprofessional, disruptive, illegal, or otherwise contrary to the values of our business, and may do so without warning or notice to you. However, we do not undertake to review all of Your Content before it is posted on the Site and cannot ensure prompt removal of objectional material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Your Content provided by you or any other user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Through posting, uploading, linking, or transmitting Your Content to or through the Site or Services you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any of Your Content by any means and in any media now known or hereafter developed for any use or purpose without compensation to you. Further, by posting, uploading, linking, or transmitting Your Content to or through the Site or Services you hereby agree to release, hold harmless, indemnify, and defend us from any and all legal or civil actions, penalties, and costs, including without limitation attorneys’ fees, arising from any of Your Content you post, upload, link to, or transmit to or through the Site or Services.
Use of Information
You agree to safeguard, keep secret, and not disclose to any third-party any Confidential Information learned, acquired, or provided by us during your use of the Site or our Services, including information about third parties or other users of the Site or Services. Confidential Information includes any non-public information marked confidential or that ought to reasonably be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, employee or prospective employee information, operation procedures, trade secrets, design formulas, and programming code, know-hows and processes, computer programs, technical documentation and data, and inventions, discoveries, and improvements of any kind. The obligations in this paragraph survive in perpetuity.
By using the Site or Services you are hereby requesting, and expressly consent to being contacted by us, by our agents, or representatives, and other users via the Site, phone, fax, email, mail, text, or other reasonable means of communication, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial, local, and other applicable laws, and regulations, or other applicable “Do Not Call” list, and even if you have previously opted-out from receiving marketing communications from us so that we may provide Services to you. You agree that all consents provided in this section will survive termination of this Agreement.
You hereby: (1) consent to receive communications from us in an electronic form; and (2) you agree that all terms and conditions, agreements, notices, disclosures, and other communications, and documents that we provide to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The previous sentence does not affect your statutory rights.
Third Party Sites and Content
The Site or Services may allow you to link to other websites or resources on the Internet, and other websites or resources may contain links to our Site. Those third-party websites are not under Sizzlin Arrow’s control, and you acknowledge that Sizzlin Arrow, its employees, agents, officers, directors, affiliates, and subsidiaries are not responsible or liable for any third-party content, products, services, or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with its operators. You further acknowledge and agree that Sizzlin Arrow, its employees, agents, officers, directors, affiliates, and subsidiaries shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services available on or through any such website or resource. Access and use of third-party sites, including the information, material, products, and services on any third-party sites or available through any third-party sites, is made voluntarily by you and done solely at your own risk.
We may publicly display advertisements and other marketing information on the Site. You are not entitled to any compensation for such advertisements or marketing information, even if they are adjacent to or included with your profile. The manner, mode, and extent of such advertising is subject to change without specific notice to you.
Sizzlin Arrow is a participant in the various affiliate programs which allow Sizzlin Arrow to earn advertising fees by advertising and linking to affiliate websites. Pages on the Site may include affiliate links to affiliate websites on which Sizzlin Arrow makes referral commission. Sizzlin Arrow may enter into an affiliate relationship with other companies as well. You should assume that all links on the Site are affiliate links of which Sizzlin Arrow receives a commission from sales of certain items. For a full list of current affiliates please contact Sizzlin Arrow directly.
Compliance with Laws
You agree to comply with all applicable state, federal, and local laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
You agree to indemnify and hold Sizzlin Arrow, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability whatsoever in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or Service accessed from the Site.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. ANY SERVICE OR INFORMATION PROVIDED BY THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SIZZLIN ARROW DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SIZZLIN ARROW DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS SITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIZZLIN ARROW DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SIZZLIN ARROW MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE OR SERVICES AT ANY TIME BUT SHALL NOT BE REQUIRED TO DO SO. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE, ANY SERVICE, OR ITS CONTENT. SIZZLIN ARROW MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH SIZZLIN ARROW SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
BY YOUR USE OF THE SITE AND SERVICES YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL SIZZLIN ARROW, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INLCUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR ANY OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN ANY WAY REALTING TO THE SITE OR SERVICES, YOUR SITE USE OR USE OF THE SERVICES, OR THE CONTENT, EVEN IF SIZZLIN ARROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR SIZZLIN ARROW WAS NEGLIGENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, AND SERVICES IT PROVIDES IS TO CEASE ALL OF YOUR SITE USE OR USE OF SERVICES UNLESS SUCH LIMITATION IS HELD INVALID, ILLEGAL, OR UNENFORCEABLE, THEN, IN NO EVENT, WILL THE COLLECTIVE LIABILITY TO YOU OR ANY THIRD PARTY OF SIZZLIN ARROW AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID TO SIZZLIN ARROW FOR USE OF THE SITE OR ANY SERVICE IT PROVIDES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THRID PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND, OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATITVES, SERVICE PROVIDERS, OR CONTENT PROVIDERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS, OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
Digital Millennium Copyright Act Enforcement Information and Procedures
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate ad that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Sizzlin Arrow’s Copyright Agent for notice of claims of copyright infringement on the Site is Paul Rhoades who can be reached as follows:
By Mail: 105 Berry Brook Court, Cary, NC 27518
By Phone: 845-392-5165
By E-Mail: Paul@sizzlinarrow.com
Sales, Prices, Quantities, and Refunds
Certain Products may be available exclusively online through the Site. Such Products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of items we sell but we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise such right on a case-by-case basis, in our sole discretion. We reserve the right to limit quantities of any Products. Prices for our Products or Service descriptions are subject to change or be discontinued without notice. Any offer for a Product or Service made on this Site is void where prohibited.
We do not warrant that the quantity of any Products or other materials purchased or obtained by you will meet your expectations or that any errors in the Products will be corrected. Occasionally Content on the Site or in the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the information or cancel any Product arranged pursuant to such errors, inaccuracies, or omissions. No refunds of any type, whether partial or full, will be issued on Services except as otherwise agreed in a separate written and signed service agreement between you and Sizzlin Arrow.
No refunds will be issued for Services or Products except as otherwise agreed in a separate written and signed agreement between you and Sizzlin Arrow.
The statements made on the Site have not been evaluated by the U.S. Food & Drug Administration (“FDA”). The Products linked to and sold on the Site and any information published on the Site are not intended to diagnose, treat, cure, or prevent any disease. The information provided by the Site and/or Sizzlin Arrow is intended to improve your health but it is not a substitute for a face-to-face consultation with your healthcare provider and should not be construed as medical advice. The entire contents of the Site are based upon the opinions of Sizzlin Arrow’s staff, unless otherwise noted.
You agree that the laws of the state of North Carolina, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Sizzlin Arrow, its agents, employees, directors, officers, affiliates, or subsidiaries. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of North Carolina.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
If any provisions of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The failure of Sizzlin Arrow, its employees, agents, officers, directors, affiliates, or subsidiaries to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Sizzlin Arrow, its employees, agents, officers, directors, affiliates, or subsidiaries must be in writing and signed by an authorized representative of Sizzlin Arrow.
Modification and Termination
Sizzlin Arrow may modify or terminate this Agreement at any time, with or without notice, for any reason. Additionally, Sizzlin Arrow reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or any Service (or any part thereof) with or without notice. You agree that Sizzlin Arrow, its employees, agents, officers, directors, affiliates, and subsidiaries will not be liable to you or any third-party for any modification, suspension, or discontinuance of the Site. You agree that Sizzlin Arrow, its employees, agents, officers, directors, affiliates, and subsidiaries will not be liable to you or any third-party for any modification, suspension, or discontinuance of the Site or Services, except as otherwise agreed between you and Sizzlin Arrow pursuant to a signed agreement.
This Agreement shall become effective upon your use of the Site, whether as a guest or registered user. You may discontinue your use of the Site or Services at any time, for any reason. We may suspend or deactivate your account or revoke your permission to access the Site at any time, and for any reason, or for no reason, with or without notice to you. We reserve the right to refuse access to the Site for any reason not prohibited by law. If we terminate the Agreement or suspend your access to the Site for any reason, you are prohibited from registering a new account under a different name or alias.
The term of this Agreement, and any subsequent modification of this Agreement shall remain in effect at all times after you or we terminate your participation in or access to the Site or our Services.
Relationship of the Parties
Nothing contained in this Agreement or your use of the Site or Services shall be construed to constitute either you or Sizzlin Arrow (collectively, “we”, “us”, “our”, “each other”, or “ourselves”) as a partner, joint venture, employee, or agent of each other, nor shall either of us hold ourselves out as such. Neither of us has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of each other, it being intended by both of us that we shall remain independent contractors solely responsible for our own actions.
If you have any questions regarding this Agreement, please contact us so we can help:
- Call Sizzlin Arrow at 845-392-5165
- Email Sizzlin Arrow at Paul@sizzlinarrow.com
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT YOUR USE OF THE SITE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT.