We welcome you to our website (the “Website”). The Website is designed to provide information to sell products, as a resource regarding the products and to create a community of like-minded people interested in the topics we discuss (the “Products and Services”). The Website is owned by Indian Industries, Inc. d/b/a Escalade Sports. These terms and conditions apply to all websites, apps, products, services and content, provided by, operated by and/or hosted by Victory Tailgate and its affiliates (collectively “Victory Tailgate” and “Victory Tailgate’ Products and Services”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
This site is protected by United States, individual state and international copyright, trademark and trade secret laws. All rights reserved. Certain features of the website may only be accessible by registered users of the website.
- Acceptance of Terms. This Terms and Conditions of Use Agreement (this “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Member” (which means that you have registered on one of our Websites as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Products and Services immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Websites. You agree to be bound by any modification to this Agreement when you use any of our Websites after any such modification is posted; it is therefore important that you review this Agreement regularly.
- General Registration Requirements. If you wish to become a Member, communicate with other Members and otherwise make use of the Products and Services, you must agree to this Agreement. In consideration of your use of the Products and Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Victory Tailgate reserves the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof). Use of the Products and Services and membership on our Website is void where prohibited.
- Minors. Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all users who register with any of our Websites must be 18 years of age or older. Victory Tailgate’ Products and Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By participating, you represent and warrant that you are 18 or older, and that you agree to and will abide by all of these Terms and Conditions.
- Member Account, Password and Security. If you register on one of our Websites, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your login, password, and payment method(s). You must notify Victory Tailgate immediately of any breach of security or unauthorized use of your account. Victory Tailgate will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss Victory Tailgate or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person.
- Electronic Communications. You may communicate with Victory Tailgate electronically via this website and you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Prohibited Conduct. You agree not to use the Products and Services to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under the age of eighteen (18);
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- disrupts, interferes with, denies service to or otherwise harms or violates the security of this site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Victory Tailgate or affiliated or linked sites, “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
- contains a virus or other harmful component.
- Responsibility for Content. You, and not Victory Tailgate, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Products and Services. Victory Tailgate does not control the Content posted via the Products and Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Victory Tailgate be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Products and Services. You represent and warrant that you own, have the right to use or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that its disclosure and use will not cause injury to any person or entity. You hereby agree to defend, indemnify and hold harmless Victory Tailgate, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any claims by third-parties based on any content you provide.
- Rejection/Removal of Content. You acknowledge that Victory Tailgate may or may not pre-screen Content posted on our Website, but that Victory Tailgate shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Products and Services, in its sole discretion, for any reason. Without limiting the foregoing, Victory Tailgate shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Victory Tailgate, or to restrict, suspend, or terminate your access to all or any part of the Products and Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Products and Services by any person, please contact Victory Tailgate.
- Third Party Statements. Victory Tailgate is not responsible for third party statements. Reviews, critiques, editorials, commentary, forum or blog discussions or similar type statements posted by third parties are not intended to imply sponsorship, adoption, belief or endorsement of them by Victory Tailgate.
- Preservation/Disclosure. You acknowledge, consent and agree that Victory Tailgate may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Victory Tailgate, its Members and the public. Under no other circumstances will Victory Tailgate intentionally disclose your account information to any third party.
- Security. Victory Tailgate takes standard precautions in seeking to ensure that our systems are secure and that they meet industry standards, including the application of firewalls for our Internet-based systems. When appropriate, Victory Tailgate employs the use of encryption technologies, user authentication systems (e.g., passwords and personal identification numbers) and access control mechanisms.
- Security Components. You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Victory Tailgate and/or content providers who provide content to Victory Tailgate. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
- Non-commercial Use. The Products and Services may not be used in connection with any commercial purposes, except as specifically approved by Victory Tailgate. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
- Your Content. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website or the Products and Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Website or Products and Services does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party. By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any Content on or through our Website or the Products and Services, you hereby grant to Victory Tailgate a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Products and Services, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us to request the removal of certain Content you have posted, but Victory Tailgate has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a backup or residual copy of any Content posted by you may remain on Victory Tailgate’ servers after the Content appears to have been removed from our Website, and Victory Tailgate retains the rights to all such remaining copies.
- Victory Tailgate Content. All Products and Services, product and service information, website design, text, graphics, logos, button icons, audio and video clips, the selection and arrangement thereof, pricing and financial information, and all software is the exclusive property of Victory Tailgate or its content suppliers (“Victory Tailgate Content”). Victory Tailgate Content and content provided by users of our Products and Services is protected by copyright, trademark, patent, trade secret and other laws. COPYRIGHT 2017, VICTORY TAILGATE, ALL RIGHTS RESERVED. Victory Tailgate owns and retains all rights, title and interest in the Victory Tailgate Content.
- Limited License. All access to Victory Tailgate’ Products and Services is provided subject to a limited, non-exclusive license. Victory Tailgate hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the Victory Tailgate Content and any third party Content located on or available through our Website or Products and Services (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website as a resource in connection with understanding, purchasing and using the Products and Services. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Products and Services.
- International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Third Party Rights/ DMCA Policy. Victory Tailgate respects the rights of third parties. In the event that a third party believes that content used on or with Victory Tailgate’ Products and Services violates that party’s copyright or trademark rights, the following policy applies:
(1) The complaining party should provide a notice to Victory Tailgate informing Victory Tailgate of the asserted violations. To be effective, a “Notice” must be a written communication to Victory Tailgate’s agent which includes the following:
- a) identification of the work or rights alleged to be infringed;
- b) identification of the material claimed to be infringing or which is the subject of the violation and identifying information for the party allegedly committing the violation;
- c) the complaining party’s contact information, including a complete name, address, telephone and e-mail address;
- d) a statement under penalty of perjury that the complaining party has a good faith belief that use of the material is unauthorized, that the information in the Notice is accurate and, that the complaining party is authorized to act on behalf of the owner; and
- e) a physical or electronic signature of a person authorized to act on behalf of the complaining party.
(2) Upon receipt of a sufficient Notice, Victory Tailgate will review the Notice, will notify the party allegedly committing the violation and will temporarily remove or disable the allegedly violative material. Victory Tailgate reserves the right to terminate the account of repeat offenders.
(3) Victory Tailgate will provide the allegedly violating party an opportunity for 10 business days to provide a Counter-Notice defending the allegedly violating material and will forward any Counter-Notice to the complaining party.
(4) Upon receipt of a Counter-Notice, Victory Tailgate may at its option restore the removed or disabled material in no less than 10 business days unless the complaining party notifies Victory Tailgate that it has sought a court order for injunctive relief.
- Member Disputes. You are solely responsible for your interactions with other Members. Victory Tailgate reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Term and Termination. This Agreement shall remain in full force and effect for so long as it is posted on any of our Website. Victory Tailgate reserves the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if Victory Tailgate believes that you have breached any of the terms of this Agreement, furnished Victory Tailgate with false or misleading information, or interfered with use of the Website or the Products and Services by others. The terms of Sections 8, 11, 12, and 18 — 29 shall survive termination of this Agreement and your use of the Products and Services.
- Disclaimer of Warranties. You expressly understand and agree that:
- Your use of the Website and the Products and Services is at your sole risk. Individual goods sold by Victory Tailgate may contain a warranty which applies to those goods for the original purchaser from Victory Tailgate or one of its authorized retailers. Except for warranties provided with the sale of goods, the Website and the Products and Services are provided on an “as is” and “as available” basis. Victory Tailgate and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the website, and any third party website with which they are linked.
- Victory Tailgate and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Website or the Products and Services will meet your requirements; (ii) the Website or Products and Services will be uninterrupted, timely, secure, error-free, or free of any harmful components (including viruses); (iii) the results that may be obtained from the use of the Website or Products and Services will be accurate or reliable; and (iv) the quality of any Content, products, services, information or other material purchased or obtained by you through the Website or Products and Services will meet your expectations. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
- Any material downloaded or otherwise obtained through the use of our Website or the Products and Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- Limitation on Liability. To the fullest extent permitted by applicable laws In no event will Victory Tailgate, its affiliates, subsidiaries, employees, agents, suppliers, or contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the service, the Website or any website with which they are linked, even if Victory Tailgate has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Victory Tailgate’ liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Victory Tailgate for the Products and Services.
- Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
- Indemnity. You agree to indemnify, defend, and hold harmless Victory Tailgate, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Victory Tailgate will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our various Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
- Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Products and Services or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Products and Services or our Website.
- Choice of Law and Forum. This Agreement and the relationship between you and Victory Tailgate shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and Victory Tailgate agree to submit to the personal and exclusive jurisdiction of the courts located in Evansville, Indiana.
- Waiver and Severability of Terms. The failure of Victory Tailgate to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Products and Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The date of these terms and conditions is July 2017.