The site www.dickssportinggoods.com (the "Site") is owned and operated by Dick's Sporting Goods, Inc. ("DSG").
- Use of the Site. The Site is a general purpose site and is not targeted towards children under the age of 13. By registering an account on the Site, you represent and warrant that you are 18 years of
age or older. If we become aware that you are under the age of 18, we will terminate your registration.
You may use the Site solely for your personal, non-commercial use. You acknowledge and agree that we do not
control the User Content (as defined herein) posted to the Site, or any links to other sites, including the content of any messages or posts, and that we do not guarantee the accuracy, integrity or quality of User
Content. All User Content, including advice and opinions posted by users, comprises the views and responsibility of those who post such User Content and does not necessarily represent our views. You
understand that, by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable.
You are responsible for maintaining the confidentiality of your account and password information
and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
- Products, Content and Specifications. All features, content, specifications, products and prices of prodcts and services described or depicted on the Site are subject to change at any time without notice.
Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products and services, including
the applicable colors; however, the actual color you see depends on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or
services in the Site at a particular time does not imply or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state,
federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item or service purchased from the Site. By placing an order, you represent that the products or services ordered will
be used only in a lawful manner.
- Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained
on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are
repsonsible for filing any claims with carriers for damaged and/or lost shipments.
- Accuracy of Information. We attempt to ensure that information on the Site is complete, accurate and up to date. Despite our efforts, the information on the Site may occasionally be inaccurate,
incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, products or services included on the Site may be unavailable, may have
different attributes than those listed, or may carry a different price than what is stated on the Site. In addition, we may make changes in information about price and/or availability without notice. In the event of a pricing
error or discrepancy on the Site, we reserve the right to cancel any such orders. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our
acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any
customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
- Intellectual Property. The Site design and all text, graphics, information, content and other material displayed on or that can be downloaded from the Site (excluding User Content) are either the
or with the prior written permission of the owner of such material. As a User of the Site you may post content, including reviews, profile information, photographs, video, messages or other materials ("User
Content") and share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you.
Certain trademarks, trade names, service marks and logos used
or displayed on the Site are the property of DSG, its affiliates and/or our licensors. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or
right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of DSG or such third party owner.
- Restrictions of Use of the Site. By using the Site, you agree that you will not:
- Create or maintain any link from another site to any page on the Site without DSG's prior written permission;
- Run or display the Site or any material displayed on the Site in frames or through similar means on another site without DSG's prior written permission;
- Modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any
public or commercial purpose;
- Use any robot, spider, site search application or other device to retrieve or index any portion of the Site;
- Collect any information about other users, including usernames and email addresses;
- Create or transmit to other users unsolicited electronic communications, such as spam, or otherwise interfere with other users' enjoyment of the Site;
- Transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the
performance of the Site;
- Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate the Site;
- Submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Site to transfer or store illegal
- Use the Site or any User Content to violate any applicable local, state, federal or international law.
- Third Party Links. From time to time, the Site may contain links to sites that are not owned, operated or controlled by DSG or its affiliates. All such links are provided solely as a convenience to you.
If you use these links, you will leave the Site. Neither DSG nor any of its affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from
any other site. Neither DSG nor any of its affiliates, service providers or suppliers endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other
information located or accessible from such sites; or any results that you may obtain from using such sites. If you decide to access any other site linked to or from the Site, you do so entirely at your own risk.
- Inappropriate User Material.You are prohibited from posting or transmitting any content that:
- Is unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material;
- Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law;
- Is patently offensive to users of the Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
- Harasses or advocates harassment of another person.
- User Content Posted by You. User Content is and will be considered non-confidential and non-proprietary. You are solely responsible for any User Content you post, publish or display on the
Site or transmit to users. You will post only User Content you believe in good faith to be true and accurate and you will not post to the Site any User Content that is false, inaccurate, misleading or fraudulent.
DSG may, but is not obligated to, monitor or review any User Content. DSG shall have no obligations to use, return, review, or respond to any User Content. DSG will have no liability related to the content of any
such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. DSG retains the right to remove any or all User Content for any or no reason. This includes User Content
to the Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:
- DSG and our service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license and right to use, copy,
publicly perform, digitally perform, publicly display and distribute such User Content, and to prepare derivative works based on, or incorporate into other works, such User Content with or without
- All Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal,
You understand that DSG may be working on the same or similar idea to any ideas, expression of ideas or other materials you submit within your User Content ("Idea"); that DSG may already know of such Idea from
other sources and that DSG may simply wish to develop such idea or a similar idea on its own.
- YOUR USE OF THE SITE AND OF ANY USER CONTENT IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF
ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER DSG, NOR ANY OF THEIR AFFILIATES, OTHER SERVICE PROVIDERS OR
SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND
NEITHER DSG NOR ANY OF THEIR AFFILIATES, OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED
ON OR THROUGH THE SITE ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DSG HEREBY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, DSG HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- DSG does not assume any responsibility, and shall not be liable for any damages to, or viruses that may infect or affect, your computer, device, telecommunication equipment, or other
property caused by or arising from your access to, use of, or browsing of the Site, or your downloading of any materials or information from the Site.
IN NO EVENT WILL DSG OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR
TRANSMISSION OF THE SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY SITES LINKED TO THE SITE, OR THE INFORMATION, MATERIALS, OR SERVICES CONTAINED IN ANY OR ALL SUCH SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, OR ANY MATERIAL OR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR
SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH
MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.
- Copyrights. If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written
notice of the alleged copyright infringement to our designated copyright agent at
Dick's Sporting Goods, Inc
345 Court Street
Coraopolis, PA 15108
or by email at firstname.lastname@example.org
Such notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the allegedly infringing material is located on the Site;
- Your name, address, telephone number and email 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;
- A statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate, and that you are the owner of the copyright at issue or are
authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
- Counter-Notice. If you believe that your User Content that was removed or disabled but is not infringing or you have the authorization from the copyright owner, the copyright
owner's agent or pursuant to the law, to post and use the content in your User Content you may send a counter-notice to the Copyright Agent containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Pittsburgh, PA, and a statement that you will accept service of process
from the person who provided notification of the alleged infringement.
If a counter-notice is received, DSG may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at DSG's sole discretion.
Pittsburgh, PA, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state
courts of the Commonwealth of Pennsylvania or the United States District Court for the Western District of Pennsylvania and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these
- Indemnity. You agree to indemnify and hold DSG and its respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs,
expenses or damages of any nature whatsoever, including attorney fees and court costs arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to:
- Your access to and use of the Site;
- Any User Content posted, uploaded or transmitted by you;
- Your use or distribution of any User Content;
- The infringement or other violation by you or any third party using your account or password of any intellectual property or other right of any person or entity.
- Termination. You or DSG may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or
charges that you incur prior to termination. DSG reserves the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.