BY DOWNLOADING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.
This End User License Agreement (the "Agreement") for the DICK'S Sporting Goods Mobile App (together with any updates, the "Application") is a legal agreement between user ("You" or "Your"), and DICK'S Sporting Goods ("DSG"). By accessing, downloading, copying or otherwise using the Application, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms and conditions. If You do not agree to the terms and conditions of this Agreement, do not access, download, copy or use the Application. DSG will not and does not grant You access to the Application unless You agree to the terms of this Agreement.
License Grant; Compliance with Terms of Use. The Application is licensed, not sold, and DSG reserves all rights not expressly granted in this Agreement. Subject to the terms and conditions hereof, DSG grants You a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to download and use the Application on a mobile device that You own or control.
License Restrictions. Except as specifically provided herein, You may not: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) copy the Application; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Application, except as otherwise permitted by law; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Application to third parties.
Ownership. All of the content featured or displayed in or through the Application ("Content") and all trademarks, service marks and trade names of DSG included therein, are owned by DSG, its licensors, vendors, agents and/or its Content providers. All Content is subject to DSG' Terms of Use, as may be amended from time to time, and as incorporated herein by this reference. https://www.dickssportinggoods.com/s/terms-of-use.
Your Warranty to DSG. You represent and warrant that: (i) You have the authority to bind Yourself to this Agreement; (ii) Your use of the Application will be solely for purposes that are permitted by this Agreement; and (iii) Your use of the Application will comply with all local, state and federal laws, rules, and regulations ("Laws").
Privacy. By using the Application, you agree that DSG may collect and use certain information about you, your mobile device, your use of the Application and the Application's performance in accordance with the Privacy Policy, as may be amended from time to time and incorporated herein by this reference. https://www.dickssportinggoods.com/s/privacy-policy.
By linking the Application to your Scorecard, you are agreeing to the Scorecard terms of use. You also agree that DSG may share your information with third party application providers that link to the application or provide features of the Application, such as fitness device managers Apple Health, MapMyRun, Fitbit, Garmin and similar applications or features, and such third party providers may share information with us. We may use such information that third party providers share with us for marketing purposes.
Indemnity. You agree to indemnify and hold harmless DSG and its affiliates, officers, directors, employees, consultants, agents and anyone providing information or software used in the Application from any and all claims arising from, related to, or incidental to Your use of the Application.
Termination. This Agreement is effective until terminated. DSG may immediately terminate this Agreement at any time at its sole discretion with or without notice to you. Additionally, Your rights under this Agreement will terminate automatically if you fail to comply with any term(s) of this Agreement. Upon termination, all legal rights and licenses granted to You hereunder shall terminate immediately and You shall cease all use of the Application and destroy all copies of the Application. All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
Acknowledgment of Understanding/Entire Agreement. You acknowledge that You have read this Agreement, understand it and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the Agreement between DSG and You and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between DSG and You relating to the subject matter of this Agreement.
Severability. You agree that the terms and conditions stated in this Agreement are severable. If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction, the remainder of this Agreement shall be valid and enforceable.
Assignment and Transfer. DSG may assign, transfer, sell, rent or lend this Agreement, in whole or in part, at any time without notice to You. You may not assign this Agreement or any part of it or any rights to use the Application, in whole or in part, either temporarily or permanently, to any other party. Any attempt to do so is void.
Amendment of this Agreement. DSG RESERVES THE RIGHT TO MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE APPLICATION FOLLOWING THE POSTING OF CHANGES TO THE AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES.
