TERMS & CONDITIONS
AGREEMENTS TO TERMS OF USE
Welcome to http://dangeroussportsclub.com ("dscclub1.com" or the "Site"). Dangerous
Sports Club, Inc. and its affiliates ("DSC") provide website features to you subject
to the following Conditions of Use. We may change, update, delete or add to these
Conditions of Use over time. By accessing and using this Site, you agree to these
Conditions of Use, all other policies set forth within this Site, and all changes
or modifications to the foregoing. If you do not agree to these Conditions of Use,
such policies, or any modifications thereto, please do not use this Site. It is
your responsibility to review these Conditions of Use and applicable policies periodically
for changes. Your continued use of the Site following the posting of changes will
mean that you accept and agree to the changes.
PRIVACY POLICY
We respect the privacy of our customers. In order to participate in our site you
must abide by our Privacy Policy, located at http://dangeroussportsclub.com/customerservice/privacy/.
To understand our practices so that you may make an informed decision about using
the Site.
CUSTOMER COMMUNICATIONS
When you visit dangeroussportsclub.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this Site. 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.
We welcome your comments and feedback. All communications and comments submitted
to dangeroussportsclub.com are non-confidential. DSC reserves the right to use any
ideas, concepts, comments, techniques, visuals, suggestions or communications. All
comments, feedback, suggestions and submissions shall be and remain DSC property.
CONTENT
All text, designs, photos, music, graphics, logos, page headers, button icons, scripts,
service names, manuals, technical documentation, product information, user interfaces,
visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively,
"Content"), including but not limited to the design, structure, selection, coordination,
expression, "look and feel," and arrangement thereof, contained on the Site is owned,
controlled or licensed by or to DSC, and is protected by trade dress, copyright,
patent and trademark laws, and various other intellectual property rights and unfair
competition laws. Any data or material you submit to ouebsite must be publicly accessible
and not subject to copyright.
DSC’s Content may not be used in connection with any product or service that is
not DSC's, in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits DSC. All other trademarks not owned by
DSC that appear on this Site are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored by DSC. Nothing on this
Site should be construed as granting, by implication, estoppel or otherwise, any
license or right to use any trademark displayed on the Site, without the prior written
permission of the trademark owner. DSC aggressively enforces its intellectual property
rights to the fullest extent of the law.
LICENSE AND SITE ACCESS
You are granted a limited, non-assignable right to access this Site and print the
Content for your personal, non-commercial, and informational use only. The foregoing
license grant does NOT include the right for you to: 1) publish, publicly perform
or display, or distribute to any third party any Content, including reproduction
on any computer network or broadcast or publications media; 2) market, sell, distribute
or make commercial use of this Site or any Content; 3) systematically collect and
use of any data or content including the use of any data spiders, robots, or similardata
gathering, mining or extraction methods; 4) make derivative uses of this Site or
the Content; or 5) use, frame or utilize framing techniques to enclose any portion
of this Site (including the images found at this Site or any text or the layout/design
of any page or form contained on a page).
Your use of this Site constitutes your agreement and acceptance without modification
of these Conditions of Use. In addition, as a condition of your use of this Site,
you represent and warrant to DSC that you will not use this Site for any purpose
that is unlawful, immoral or prohibited by these Conditions of Use. If you do not
agree and accept without modification these Conditions of Use, do not use this Site.
Other than this agreement and agreements between you and DSC relating to the sale
of products or services to you through this Site, DSC will not enter into any agreement
with you or obligation to you through this Site and no attempt to create such an
agreement or obligation will be effective.
Any unauthorized use immediately terminates the permission or license granted by
DSC to use this site and may violate applicable law including copyright laws, trademark
laws (including trade dress), and communications regulations and statutes for which
you may be subject. You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of dangeroussportsclub.com so long as the
link does not portray DSC, or its products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any DSC logo or other proprietary
graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree
to accept responsibilityfor all activities that occur under your account or password.
DSC sells products for children, but does not sell products to children. DSC sells
products to adults only, and by using this Site you are representing that you are
18 years old or older. If you are under 18, you may use dangeroussporttsclub.com
only with the involvement of a parent or guardian. DSC will not be liable for any
damages that may result from misrepresentation of age by a user of our Site. DSC
reserves the right to refuse service, terminate accounts, remove or edit content,
or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from dangeroussportsclub.com are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
ACCURACY, PRODUCT DESCRIPTIONS, AND PRICING
DSC strives to be as accurate as possible with its product descriptions and pricing
information listed on dangeroussportsclub.com. However, DSC does not warrant that
product descriptions, pricing information, or other content on the Site is accurate,
complete, reliable, current, or error-free. While we will use our best efforts to
fulfill all orders, DSC cannot guarantee the availability of any particular product
displayed on the Site. DSC reserves the right to discontinue the sale of any product
listed on the Site at any time without notice. If upon receipt of a product offered
by DSC you find that it is not as described on the Site, your sole remedy is to
return it in unused condition.
Product prices offered on this Site may vary from other advertised prices due to
varying conditions in different geographic markets. The prices displayed on this
Site are quoted in U.S. dollars and are valid and effective only within the United
States, and such prices do not include shipping and handling or sales taxes, if
applicable, which will be added to your total invoice price. You are responsible
for the payment of any shipping and handling charges and state and local sales or
use taxes that may apply to your order.
DSC cannot confirm the price of an item until you order; however, we do not charge
your credit card until after your order has entered the shipping process. Despite
our best efforts, a small number of the items in our catalog may be mispriced. In
the event of a pricing error on an item you have ordered, we will notify you and
await your approval of the corrected price before continuing with your order.
LINKS TO THIRD PARTY SITES
This Site may contain links to external sites owned or operated by parties other
than DSC. Such links are provided for your convenience and reference only. DSC does
not control outside sites, is not responsible for examining or evaluating outside
sites, and is not responsible for their content. Your use of this site does not
grant you any authority or agency, in any manner, to act on behalf of DSC. DSC's
inclusion of links to an outside site does not imply any endorsement of the material
on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation
or association with its owner, operator or sponsor, nor does DSC 's inclusion of
the links imply that DSC is authorized to use any trade name, trademark, logo, legal
or official seal or copyrighted symbol that may be reflected in the linked site.
DSC does not assume any responsibility or liability for the actions, product, and
content of all these and any other third parties. When leaving this Site, you should
be aware that our terms and policies no longer govern, and you should carefully
review the privacy statements and conditions of use for the third party site.
MOBILE CAMPAIGNS AND PROMOTIONS
Various mobile operators participate in DSC mobile marketing campaigns and promotions.
If your mobile operator is not participating, you will not receive a reply to your
messages. Some operators may not support some services at the prices offered. Pre-paid
users may not be able to participate. Check with your mobile operator.
No remuneration is implied or offered. News and data delivered are believed to be
accurate at the time of delivery.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DSC ON AN
"AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DSC MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED
IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DSC DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. DSC DOES NOT WARRANT THAT THIS SITE; INFORMATION,
CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM DSC ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. PACSUN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS
OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES,
UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU.
CHOICE OF LAW
DSC controls this Site from its offices within the State of Idaho. By visiting dangeroussportsclub.com,
you agree that the laws of the State of Idaho, without regard to principles of conflict
of laws, will govern these Conditions of Use and any dispute of any sort that might
arise between you and DSC.
DISPUTES
Any dispute relating in any way to your visit to dangeroussprtsclub.com or to products
or services sold or distributed by DSC or through dangeroussportsclub.com in which
the aggregate total claim for relief sought on behalf of one or more parties exceeds
$7,500 shall be adjudicated in any state or federal court in Bonneville County,
Idaho, and you hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such courts over any suit, action or proceeding arising
out of these Conditions of Use or your use of the Site. Use of this Site is unauthorized
in any jurisdiction that does not give full effect to all provisions of this agreement,
including without limitation this paragraph and the warranty disclaimers and liability
exclusions above.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review any other policies posted on this Site. These policies also govern
your visit to the Site. We reserve the right to make changes to our Site, policies,
and these Conditions of Use at any time. If any of these Conditions of Use shall
be deemed invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability of any remaining
condition.
No modification of these Conditions of Use shall be effective unless it is authored
by DSC andphysically signed by a DSC officer. Any alleged waiver of any breach of
this agreement shall not be deemed to be a waiver of any future breach.
GENERAL
DSC's performance of these Conditions of Use is subject to existing laws and legal
process and nothing contained in this agreement is in derogation of DSC 's right
to comply with law enforcement requests or requirements relating to your use of
this Site or information provided to or gathered by DSC with respect to such use.
These Conditions of Use, including DSC's Privacy Policy, constitute the entire agreement
between you and DSC with respect to this Site. This agreement supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or written,
between you and DSC with respect to this Site.
A printed version of these Conditions of Use and/or of any notice given by DSC in
electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to these Conditions of Use or your use of this Site to the same
extent and subject to the same conditions as other business documents and records
originally generated and maintained by DSC in printed form.
The section titles in these terms of service are for convenience only and have no
legal or contractual effect.
CONTACTING US
If you have any questions about these Conditions of Use, please call us at 1-208-529-8363,
or go to http://dangeroussportsclub.com/customerservice/contact/.
Although DSC will in most circumstances be able to receive your e-mail or other
information provided through this Site (including, without limitation, account registrations,
orders, and other submissions), DSC does not guarantee that it will receive all
such e-mail or other information timely and accurately and shall not be legally
obligated to read, act on or respond to any such e-mail or other information. Be
aware that internet e-mail typically is not secure.
Membership contract
This is an agreement between you (applying for a Dangerous Sports Club membership)
and Dangerous Sports Club, Inc. (operating on this site under the trademark "Dangerous
Sports Club"). By registering to become a Dangerous Sports Club member, you acknowledge
that you have read and agree to this membership contract.
Dangerous Sports Club members should always act legally and ethically while conducting
business. This includes but is not limited to:
Membership duration and cost
Charter and regular memberships commence on the date of joining/upgrading and run
for a period of 1 or 5 calendar years are may be applicable. Charter and Regular
members must pay the prescribed membership fee, and renew their membership before
it expires. Charter and Regular memberships that expire will either 1) enter a suspended
mode and may eventually be cancelled if not renewed; or 2) revert to Standard memberships
if you joined prior to 1 November 2009.
Standard 'Dangerous Sports Clubs Member' memberships commence on the date of registration
and run until the end of the next year of 5 year period. Trial memberships are assigned
from time to time for promotional purposes and terminate according to the terms
of such memberships as given at the time of assignment.
Describing yourself as a Dangerous Sports Clubs member
If your application is accepted (including if you are accepted automatically online),
you may call yourself a 'Dangerous Sports Clubs Member' for the duration of your
membership, and have use of the benefits of such membership according to the terms
given at the time of assignment.
Dangerous Sports Club shall not be liable for any costs whatsoever if your membership
is cancelled.
Nature of membership
The meaning of "membership" refers to having subscription access to the Dangerous
Sports Clubs online website and membership benefits, namely access to the Members'
Area for the period of the membership duration. Membership does not give you any
rights or interests whatsoever in the Dangerous Sports Clubs group, services or
associated assets. All rights and interests remain with Dangerous Sports Club, Inc.
Charter and Regular Memberships
If you choose a Charter or Regular membership, we will endeavour to set up your
membership and send your associated membership certificate (supplied electronically
by email) in less than 1 business day. However, during periods of high demand, please
expect up to 3-5 business days for your membership to be set up. The 1 year Charter
and Regular membership periods commence from the date your membership is provided
to you, not the date of ordering.
If you are a Standard member and upgrade to a Charter or Regular membership level,
your original username and password will apply to access the Members' Area.
Optional information/data submissions
If you choose to submit any electronic data or media, regardless of format, to the
Dangerous Sports Club website, you declare that you hold complete title and other
applicable intellectual property rights to the software and that you authorize Dangerous
Sports Club to full and unlimited use of the data/information which you submit to
the Dangerous Sports Club website. The Dangerous Sports Club may remove a submission
for any reason without prior notice. You warrant that you have made every reasonable
effort to ensure that all transmitted data and/or information is of good quality
and is free from viruses and spyware. You may not submit another party's data or
information.
Receipt of email
The Dangerous Sports Club group may send you occasional emails regarding your membership
(eg: a monthly Member's newsletter). Your details will remain confidential and will
not be disclosed to third parties.
Joinder with terms of use, privacy statement and disclaimer
The Dangerous Sports Club website terms of use, privacy statement and disclaimer
form part of this contract. By accepting this contract, you acknowledge that you
have read and agree to the terms which they also contain.
Cancellation of membership
Dangerous Sports Club members will have their membership cancelled if it becomes
apparent that they have acted unethically, illegally, beyond the scope of decency
as determined by the Dangerous Sports Club, or breach this contract. Upon cancellation,
any membership fees paid will not be refunded under any circumstances.
Refund policy
If purchasing a Charter or Regular membership, we ask that you please choose carefully
before making your purchase, as we do not normally give refunds if you simply change
your mind or make a wrong selection.
Updates to this contract
This contract may be updated from time to time. You will be notified of any updates
when you log in to your membership area. It is your responsibility to read any modifications
to the contract that may be made in the future. Continued use of the Dangerous Sports
Club website or services upon the release of an updated contract shall consitute
your acceptance of any modified or amended portion of said contract.