TERMS OF SERVICE

Welcome to FreestoneCart.com! These Terms of Service (“Terms”) govern your access to and use of our website (the “Site”) and the products and services offered by FreestoneCart.com (“Freestone Cart,” “we,” “us,” or “our”). By accessing or using the Site, you agree to comply with these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use the Site.

You must be at least 18 years old and have the legal capacity to enter into a contract to use the Site and purchase products from Freestone Cart. By accessing or using the Site, you represent and warrant that you meet these eligibility requirements.

  1. powerful Date/Revisions to these terms. those phrases are effective as of the date set forth above. freestonecart’S may also revise these terms at any time and sometimes. we can notify you of changes to those terms by posting the amended terms at the websites at least thirty (30) days earlier than the powerful date of the modifications. when you have furnished us together with your e-mail deal with, we will also notify you of any cloth changes to these terms that adversely affect your rights by means of sending an email at least thirty (30) days earlier than the effective date of the changes to the e-mail cope with you maximum currently provided to us. We inspire you to preserve the email deal with you provide to us modern-day, and to right away notify us of any changes in your e mail deal with, so that you may acquire any notices we ship to you concerning fabric adjustments to those terms. in case you do not conform to any revisions to these terms, you have to stop using the web sites, and if you are a registered person, you may cancel your account with us inside the thirty (30) day duration through contacting us at 1-877-846-9997, and you’ll no longer be sure by way of the brand new terms. otherwise, the new terms will take effect thirty (30) days after our posting of the exchange or upon the effective date if it’s miles greater than thirty (30) days after posting. Our personnel do now not have the proper to regulate those terms orally or otherwise. If any employee of ours gives to alter the provisions of those phrases except using the process described above, she or he isn’t always performing as an agent for us or speakme on our behalf.
  2. extra phrases. sure provisions of those terms may be outdated via expressly distinct prison notices, guidelines or different phrases placed on precise pages of a site (the “additional terms”), consisting of contests, sweepstakes, promotions, or other comparable capabilities and the terms of our cell software, Scorecard and our event web sites. Your use of such pages or download or use of our cell application, registration for a Scorecard account, use of our event websites confirms your unconditional attractiveness of the additional terms. If these phrases war with such extra terms, such extra phrases shall govern and follow on your use of that portion of a domain; but the arbitration provisions in section 22 of these phrases shall follow to the additional phrases. Use of our mobile applications or event websites also are challenge to any terms determined on such sites, which can be similarly to those phrases.
  3. privacy. Our privacy policy applies on your get right of entry to and use of the web sites, inclusive of any non-public records provided via the websites or thru another component of the sites. The phrases and situations of our privateness coverage are hereby included with the aid of reference into those terms. similarly, the privateness policy is subject to the phrases and conditions of those phrases and in the event of struggle among these terms and the privacy coverage, these terms shall govern and be triumphant. The web sites are not supposed for residents of or visitors from or positioned in international locations which are problem to the general statistics safety law (“GDPR”).
  4. Use of the sites and License. The sites are preferred reason web sites and aren’t centered towards youngsters below the age of thirteen (13). by using getting access to or using the websites, together with through registering an account on a domain, you represent and warrant which you are eighteen (18) years of age or older (or age of majority if better for your place of residence) and aren’t a resident of or placed in the eu monetary vicinity or every other united states of america challenge to the GDPR. if you are under the age of eighteen (18) or age of majority if better for your area of residence, you must use the websites simplest with the involvement of a determine or father or mother. problem on your compliance with these terms, We grant you a non-public, non-exceptional, non-transferrable, restricted privilege to access and use the websites completely for your non-public, non-business use. This privilege does no longer consist of any resale or business use of the sites. We may revoke your get entry to and use of a domain at any time (which include if you violate these terms), and not anything herein constitutes a representation that the websites may be available to you to your get entry to or use.
  5. Restrictions on Use of the Sites. You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not:

a. Gain access, or attempt to gain access, to any portion of a Site, or any systems or networks connected to a Site, by hacking, password mining or any other illegitimate or unlawful means;

b. Create or maintain any link from another website to any page on a Site without freestonecart’S prior written permission;

c. Run or display a Site (or any material on a Site) in frames or through similar means on another site, application or location, without freestonecart’S prior written permission;

d. Modify the information or materials located on a Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;

e. Use any deep-link, page-scrape, robot, spider, website search application or other automatic device, program or methodology, or any similar or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce or index a Site, or any portion of a Site;

f. Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts;

g. Create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of a Site, or otherwise interfere with users’ enjoyment of a Site;

h. Transmit or upload to a Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of a Site or adversely affect a user;

i. Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on a Site or the IT infrastructure used to operate a Site;

j. Submit or post to a Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use a Site to transfer, communicate or store illegal material;

k. Scan or test the vulnerability of a Site or any network connected to a Site;

l. Access or use a Site or any User Content (as defined below) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries); or

m. Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.

  1. Account. you may be required to create an account to get entry to or use certain areas of a site or you may decide on to create an account. if you pick to create an account, you’re chargeable for maintaining the confidentiality of your account (including your username and password statistics), and additionally for proscribing get admission to to such information, your account and your device. you agree to simply accept responsibility for all sports that arise beneath your account or password. moreover, you agree to inform Us right now of any unauthorized access or use of your account or password, or another breach of safety.
    We reserve the proper, together with if We come to be aware that you are beneath the age of eighteen (18) (or age of majority if better in your region of house), to terminate your account or registration, at any time. We do not sell products or services to kids and do no longer allow youngsters to have debts. We promote products and services to adults, who should purchase gadgets with a credit score card or different price approach. if you are below the age of eighteen (18)(or age of majority if better in your area of house), you can no longer have an account and you could use the sites simplest with the involvement of a figure or parent.
    need to We determine that your account statistics can be compromised due to your personal tool being inflamed with a deadly disease, malware, other malicious code, or because of different theft of your account facts, We reserve the proper to invalidate, delete, or in any other case regulate your account in an effort to protect your account, the money owed of account holders, and other freestonecart’S structures from in addition damage or exposure. this can consist of proactively changing your password. need to this want get up, we are able to make affordable efforts to inform you of any changes made, via the email deal with listed on your account.
  2. content material, Pricing and Accuracy. All functions, content material, availability, specs, products and expenses of products and services described or depicted on the sites are problem to change at any time with out note. The inclusion of any services or products on a website at a selected time does no longer suggest or warrant that these services or products will be to be had at any time. positive weights, measures and comparable descriptions are approximate and are provided for convenience functions handiest. we attempt to make certain that statistics at the sites is whole, accurate and updated, inclusive of the applicable colours; however, the real shade you notice relies upon to your device set-up, and We cannot assure that your tool will as it should be display such shades. regardless of our efforts, the facts at the websites might also every so often be faulty, incomplete or out-of-date. We make no representation as to the completeness, accuracy or forex of any statistics at the sites. as an instance, products or services blanketed on a website can be unavailable, might also have distinct attributes than those listed, or may additionally carry a exceptional charge than what’s stated at the website online. within the event of a pricing error or discrepancy on a site with admire to services or products, We reserve the proper to cancel any orders (or partial orders) for such services or products.
  3. freestonecart’S Text Programs. freestonecart’S operates marketing and transactional text message programs (each a “Text Program” and together “Text Programs”), which are further described below in detail. The following terms apply to all of the Text Programs:
  • By opting-in to any of the Text Programs, you consent to being sent periodic autodialed and/or non-autodialed text messages in relation to that Text Program at the telephone number that you provided at the time of joining that Text Program.
  • By completing the opt-in process for any Text Program, you are confirming that the telephone number that you provided at the time of opting-in to the Text Program is your mobile number and that you have the authority to grant freestonecart’S the right to send text messages to that mobile number.
  • Joining any of the Text Programs is not a condition of making a purchase.
  • If you change or deactivate your mobile number, you must notify Us of this change at 1-877-846-9997.
  • For more information, text HELP for help or contact Us at 1-877-846-9997.
  • While all of the Text Programs are free, message and data rates may apply. You should check with your wireless carrier if you have questions about your plan and its coverage.
  • The mobile carriers are not liable for delayed or undelivered messages.
  • freestonecart’S is not liable for TCPA or other violations caused by a carrier network failure or malfunction.
  • All of the Text Programs and participation in any Text Program is governed by freestonecart’S Terms of Use and Privacy Policy.
  • After joining any Text Program, if you no longer wish to be a part of that Text Program, reply “STOP” to the applicable Text Program from which you want to opt-out. After texting “STOP”, you will receive one additional text message confirming that your request has been processed. Please note that if you opt-out of one of the Text Programs, you will not be opted-out of any of the other Text Programs to which you belong. You will need to opt-out of each Text Program separately. Texting “STOP” is the recommended method for opting out to assure prompt removal. If you choose to request an opt-out by other means it may result in delays in complying with your request.
  • freestonecart’S may change the Text Program terms or end the Text Programs at any time.

Additional details specific to each of the Text Programs and how to join are set forth below.

A. Marketing Text Programs. freestonecart’S operates marketing text programs, such as freestonecart’S Text Alerts, Going, Going Gone Text Alerts and any additional marketing text program(s) added after the date of these freestonecart’S Terms of Use. After joining any of freestonecart’S marketing text programs, you may receive text messages regarding special offers, new products, in-store events, shopping cart reminders and other marketing communications related to the applicable program that you joined.

B. freestonecart’S Order Alerts and Golf Galaxy Order Alerts Programs. freestonecart’S also offers text message order updates in relation to online orders (“Order Alerts”) through its separately operated Order Alerts programs: freestonecart’S Order Alerts and Golf Galaxy Order Alerts, and any additional order alerts program launched after the effective date of these Terms of Use. Additional details about Order Alerts program(s) relating to online orders:

i. Types of Text Messages That Will Be Sent as Part of the Order Alerts Programs. Order Alerts include but are not limited to, text messages regarding:

a. Order Confirmation (may or may not be available by text so please also check your email);

b. Your pickup order (which may include, but are not limited to: the status of your pickup order, texts advising you that your order is ready for pickup, reminders about your pickup order, texts giving you options to extend time to pick up orders, etc.);

c. Shipping status of your order;

d. Partial or full order cancellations, or notification regarding other problems with fulfilling your order, in some instances (please note that you may not always receive Order Alerts regarding partial or full order cancellations and you should review emails to get full details regarding order cancellations); and,

e. Opportunities to complete surveys about your order.

The number of Order Alerts that you will receive and how often you receive them will vary depending on circumstances surrounding each particular order. Message frequency may change at any time.

ii. Types of Text Messages That Will Not Be Sent as Part of the Order Alerts Programs. If you’ve only Opted-In to receive Order Alerts, you will not receive marketing text messages. freestonecart’s separately operates the freestonecart’S Text Alerts program for marketing texts. For details regarding how to opt-in to freestonecart’S Text Alerts to receive marketing text messages, please see the freestonecart’S Terms of Use.

iii. Message Availability. Order Alerts may not always be available and freestonecart’S reserves the right to discontinue either Order Alerts programs at any time. Availability may also vary by type of order placed (pickup, ship to home, etc.)

  1. Applicable Law. By registering for an account or placing an order, you represent that the products or services ordered will be used only in a lawful manner and as intended by such manufacturer. The Sites are not intended to subject freestonecart’S to the laws or jurisdiction of any state, country or territory other than that of the United States, and We do not represent or warrant that the Sites or any part thereof is appropriate or available for use in any jurisdiction besides the United States. 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/or sale of any product or service purchased via a Site.
  2. Shipping Charges and Limitations. When a product order is placed for delivery, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Site. All deliveries of product purchases from a Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from a Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs. Some items ordered from a Site may be available for pick up in a store of your choice. If an item is available for pick up, you will be presented with the option to do so when selecting your item for purchase. After placing your order, we will send you an email or text message (if elected) with your estimated pick up time. Please consult your order time confirmation email or text for your specific estimated pick up time. All pick up times are estimates. While we strive to meet specified pick up times as quoted, freestonecart’S does not make any guarantee that your order will be available at any specific time. freestonecart’S will not have any liability for any order delays.
  3. Confirmation, Cancellation and Coupons. While it is our practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any product or service and/or to refuse service or fulfillment of any order or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.

For clarification, orders may be limited or cancelled at any time including after receipt of a confirmation or shipping email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order.

For products purchased from our Sites using a credit card, an authorization may be placed on your credit card when you place an order. You will be charged for an item (and your purchase of such item will be complete) when the item in your order is shipped or picked up in the store, as applicable. Certain custom and pre-sale items may be charged when the order is placed. Partial shipment or partial cancellation of orders may occur.

For products purchased from our Sites using a gift card, the full amount of the purchase price will be applied to your gift card when you place the order. However your purchase of such item is not complete until the item in your order is shipped or picked up in the store, as applicable. Partial shipment or partial cancellation of orders may occur. If an order for an item purchased with a gift card is cancelled, the amount applicable to the cancelled item will be restored to your gift card or you will be issued a new gift card for such amount.

Taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped. A minor post-charge adjustment may be made to your credit card account to ensure that we collect the correct amount of actual taxes.

  1. Intellectual Property. All text, graphics, information, images, content, video, data, music, code, software, trademarks, trade names, service marks, logos, fonts, custom colors, and other material displayed on, available via, or that can be downloaded from a Site, excluding User Content (collectively, the “freestonecart’S IP”), are either the property of, or used with permission by, freestonecart’S or our service providers and licensors, and are protected by copyright, trade dress, trademark and other laws. Additionally, the design, arrangement, and collection of the freestonecart’S IP on the Sites, including the look and feel of the Sites (the “Look and Feel”), is the exclusive property of freestonecart’S and protected by applicable copyright laws. We expressly reserve all intellectual property rights in all freestonecart’S IP and the Look and Feel. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any freestonecart’S IP or the Look and Feel without the express written permission of Us or such third party owner.
  2. User Content Posted by You. As a user of a Site, you may provide and/or post content, including reviews, comments, suggestions, profile information, photographs, videos, messages, communications and/or other materials and in addition, if you participate on one of our event Sites you may provide and/or post information (including but not limited to images, video and other media content and information such as eligibility, roster, scheduling, performance, scoring, photos, audio and/or videos) (collectively, “User Content”) and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.

User Content is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. freestonecart’S assumes no responsibility for any User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We shall have no obligations to use, return, review, remove, or respond to any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms and reserve the right to terminate your access.

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of users and/or devices using or accessing the Sites. We are not responsible for claims resulting from our cooperation with law enforcement or court orders however the foregoing does not waive our liability, if any, for (i) claims for personal injury or death caused by our negligent acts or (ii) damages arising from our intentional, willful or reckless misconduct.

You are solely responsible for any User Content you post, publish or display on a Site or transmit to others. You will post only User Content you believe in good faith to be true and accurate, and you will not post to a Site any User Content that is false, inaccurate, misleading or fraudulent. You are prohibited from posting or transmitting any content that:

a. Is deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane;

b. Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law;

c. Violates the rights of a third party;

d. Is 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

e. Harasses or advocates harassment of another person or entity; or

f. Reports your use of, or directs other users to maintain or use products any manner which is contrary to that stipulated or provided by the manufacturer or freestonecart’S.

By uploading User Content to a Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:

(i) freestonecart’S and our affiliates and service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable (through one or multiple tiers) and transferable, fully paid-up, non-terminable worldwide license and right to use, reproduce, copy, revise, publicly perform, digitally perform, publicly display, disclose to third parties and distribute such User Content, and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution. This license includes our use and disclosure of User Content for advertising, promoting, marketing, publicity, any lawful purposes, or any other purposes, including without limitation, to send marketing communications, for benchmarking, analysis and research, to promote our brand in any and all media formats and channels including without limitation, third party websites, feeds, public forums and social media platforms, to businesses and organizations, and for any other purposes as we may determine in our discretion without any further obligation to you; and

(ii) All users of the Sites an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user’s personal, non-commercial use, subject to the restrictions set forth in these Terms.

You understand and acknowledge that We may: (a) be working on the same or similar idea to any ideas, expression of ideas or other materials you submit within your User Content (each, an “Idea”); (b) already know of such Idea from other sources; and/or (c) wish to develop such Idea or a similar idea on our own.

  1. Other Content About You. If you participate in any of our public activities, social media channels or event Sites, we may post freestonecart’S IP, and other participants or event organizers may provide and/or post their content (in both instances including but not limited to images, video and other media content and information such as eligibility, roster, scheduling, performance and/or scoring information) that includes or relates to you and/or an individual from whom you are a parent or guardian, and you grant freestonecart’S and our affiliates and service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable (through one or multiple tiers), fully paid-up, worldwide license and right to use, copy, revise, publicly perform, digitally perform, publicly display and distribute such content, and to prepare derivative works based on, or incorporate into other works, such content with or without attribution. In addition, you acknowledge and agree that We have limited control over the User Content posted by others to the Sites, or any links to other sites, including the content of any messages or posts and manner of posting, 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 responsibilities of those who post such User Content and does not necessarily represent our views. We are not obligated to review or remove User Content and you understand that, by using a Site, you may be exposed to User Content that is offensive, indecent or objectionable.
  2. Third Party Links. From time to time, a Site or Service may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by freestonecart’S. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by freestonecart’S. If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not 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. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.

IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

  1. Disclaimers. We do not and cannot warrant that any Site (including any element of a Site) or its servers will be error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.

YOUR USE OF A SITE (INCLUDING ANY ELEMENT OF A SITE) AND OF ANY USER CONTENT, IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER freestonecart’S, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT-OF-DATE, AND NEITHER freestonecart’S NOR ANY OF ITS AFFILIATES, 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 SITES ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, freestonecart’S 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 SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, freestonecart’S 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 (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). INFORMATION ABOUT CONTENT, QUALITY, PERFORMANCE OR FEATURES OF THIRD-PARTY PRODUCTS IS PROVIDED BY THE MANUFACTURER/SUPPLIER, NOT freestonecart’S SPORTING GOODS AND freestonecart’S SPORTING GOODS MAKES NO WARRANTIES WITH RESPECT TO SUCH INFORMATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

We do not represent or warrant that the health, nutrition, ingredient, allergen or other product information on the Sites is accurate or complete since this information is provided by the product manufacturer or supplier. We recommend that you do not rely solely on the information presented on our Sites and that you consult each product’s label or contact the manufacturer directly if you have a specific question or dietary concern.

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.

  1. Limitations of Liability. We do not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code 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 a Site, linking to a third party site, or your downloading of any materials or information from a Site and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.

IN NO EVENT WILL freestonecart’S OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF A SITE, ANY SITES LINKED TO A SITE, OR THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THE SITES, OR ANY MATERIAL OR CONTENT ON THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND freestonecart’S. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH A SITE, SUBJECT TO THE EXCLUSIONS BELOW, 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.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES WHERE MANDATED BY STATUTE.

  1. Indemnity. You agree to defend, indemnify and hold freestonecart’S 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 attorneys’ fees and court costs, arising from any claim, cause of action, suit or demand of any third party due to, arising out of or relating to your breach of these Terms.
  2. Reporting a Violation of Rights, including Copyrights. If you believe any User Content or any other aspect of a Site infringes your copyright, you should send written notice of the alleged copyright infringement to our designated copyright agent at this address:

Copyright Agent

freestonecart’s Sporting Goods, Inc.

345 Court Street

Coraopolis, PA 15108

or by email at [email protected]

Such notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:

a. A description of the copyrighted work that you claim has been infringed;

b. A description of where the allegedly infringing material is located on the Site(s);

c. Your name, address, telephone number and email address;

d. 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;

e. 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

f. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

  1. Counter-Notice. If you believe that your User Content was removed or disabled but is not infringing; or that 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:

a. Your physical or electronic signature;

b. 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;

c. 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

d. 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, freestonecart’S 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 ten (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 ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at freestonecart’S sole discretion.

  1. Disputes, Choice of Law, and Jurisdiction.

(a) Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your use of the Sites. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter and/or dispute relating in any way to your visit to or interaction with a Site, including compliance with these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided in Section 22 (herein).

(b) Choice of Law and Courts for Non-Arbitrated Disputes. Unless expressly addressed in the Additional Terms, these Terms supersede any other agreement between you and freestonecart’S to the extent necessary to resolve any inconsistency or ambiguity between them. The Sites are administered by freestonecart’S from its offices in Pennsylvania. Notwithstanding the arbitration provisions in Section 22, 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 personal jurisdiction and venue in such courts.

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