It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ, engage or manage. These other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Information We Collect and How We Collect It
We collect information from and about users of our Mobile Application:
- Directly from you when you provide it to us.
- Automatically when you use the Mobile Application.
Automatic collection and tracking of information
When you open the Mobile Application our servers automatically record information that your device sends. This data may include: (i) usage details, (ii) device information, (iii) stored information and files, and (iv) location information. Examples of this information are: your device’s IP address and location, device name and version, operating system and browser type and version, language preferences, information you search for in our Mobile Application, access times and dates, traffic data, communication data and other statistics. The Mobile Application also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding Mobile Application traffic and usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.
The technologies we use for automatic information collection may include:
- Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our Mobile Application.
- Web Beacons. Pages of the Mobile Application and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email] and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
If you do not want us to collect this information do not download the Mobile Application or delete it from your device, de-activating your account and opt out at any time by calling 888-508-5922. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information. Note, however, that opting out of the Mobile Application’s collection of location information will disable its location-based features.We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking).
Collection of personal information
You can visit the Mobile Application without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the Mobile Application’s features, you will be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, make a purchase, fill any online forms in the Mobile Application, or if you contact us and we maintain records and copies of your correspondence (including email addresses and phone numbers). When required, this information may include the following:
- Personal details such as name, country of residence, etc.
- Contact information such as email address, telephone number, address, etc.
- Account details such as user name, unique user ID, password, etc.
- Payment information such as credit card details, bank details, etc.
- Geolocation data of the mobile device such as latitude and longitude.
- Certain features on the mobile device such as contacts, calendar, gallery, etc.
- Any other materials you willingly submit to us such as articles, images, feedback, etc.
You may also provide information for publication or display (“Posted”) on public areas of the Mobile Application or websites you access through the Mobile Application or websites (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some or all of the Mobile Application’s features. Users who are uncertain about what information is mandatory are welcome to contact us at: [email protected].
Managing personal information
You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Mobile Application or Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so by contacting us.
Accessing personal information
Occasionally, GSM may access some or all of your account data (including profile information, data, photographs and camera information) in order to provide user service, to perform troubleshooting, improve our platform, or to review our system performance. GSM may also utilize third party vendors to provide some or all of the services, such as using a third party payment processor to collect and process credit card and payment information. GSM does not process or store your credit card information.
Storing personal information
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.
Use and processing of collected information
In order to make our Mobile Application and Services available to you, or to meet a legal obligation, we need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Some of the information we collect is directly from you via our Mobile Application. However, we may also collect Personal Information about you from other sources. Any of the information we collect from you may be used for the following purposes:
- Create and manage user accounts
- Fulfill and manage orders
- Deliver products or services
- Improve products and services
- Send administrative information
- Send marketing and promotional communications
- Respond to inquiries and offer support
- Request user feedback
- Improve user experience
- Enforce terms and conditions and policies
- Protect from abuse and malicious users
- Respond to legal requests and prevent harm
- Run and operate our Mobile Application and Services
Processing your Personal Information depends on how you interact with our Mobile Application, where you are located in the world and if one of the following applies: (i) You have given your consent for one or more specific purposes. This, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) Provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) Processing is necessary for compliance with a legal obligation to which you are subject; (iv) Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
Note that under some laws we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
Third-Party Information Collection
When you use the Mobile Application or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
- Advertisers, ad networks, and ad servers.
- Analytics companies.
- Your mobile device manufacturer.
- Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Collection, Use, and Disclosure of Your Information.
Information transfer and storage
Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this document or inquire with us using the information provided in the contact section.
The rights of users
You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.
The right to object to processing
Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn, whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can choose whether or not to allow the Mobile Application to collect information through other tracking technologies by calling us at 888-508-5922.
- Location Information. You can choose whether or not to allow the Mobile Application to collect and use real-time information about your device’s location through the device’s privacy settings or by calling us at 888-508-5922. If you block the use of location information, some parts of the Mobile Application may become inaccessible or not function properly.
Promotion by the Company.
If you do not want us to use your email address or contact information to promote our own or third parties’ products or services, you can opt-out by calling us at 888-508-5922. You can also always opt-out by logging into the Mobile Application and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected] or by calling us at 888-508-5922.
Targeted Advertising by the Company.
If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by calling us at 888-508-5922. You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected].
Disclosure of Your Information for Third-Party Advertising and Marketing.
If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by calling us at 888-508-5922.You can also always opt-out by logging into the Mobile Application and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected].
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website [www.networkadvertising.org]. California residents may have additional personal information rights and choices. Please see California Privacy Rights for more information [https://oag.ca.gov/privacy/ccpa].
California privacy rights
Billing and payments
In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and our Mobile Application is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection.
Privacy of children
We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Mobile Application or Service. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Mobile Application or Service without their permission.
If you have reason to believe that a child under the age of 13 has provided Personal Information to us through our Mobile Application or Service, please contact us by emailing us at [email protected] or by calling us at 888-508-5922. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf). California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see California Privacy Rights [https://oag.ca.gov/privacy/ccpa] for more information.
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender.
Links to other mobile applications
Our Mobile Application contains links to other mobile applications that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other mobile applications or third-parties. We encourage you to be aware when you leave our Mobile Application and to read the privacy statements of each and every mobile application that may collect Personal Information.
We have implemented measures designed to secure information you provide on computer servers in a controlled, secure environment (such as a firewall), protected from accidental loss or unauthorized access, use, alteration or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against accidental loss or unauthorized access, use, alteration or modification, and disclosure of Personal Information in its control and custody. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Mobile Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Mobile Application like message boards. The information you share in public areas may be viewed by any user of the Mobile Application. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Mobile Application cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.
In the event we become aware that the security of the Mobile Application has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email.
We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and Personal Information will likely be among the assets transferred.
Changes and amendments
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Mobile Application and its Services.
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact form or write a letter to 5250 Frye Road, Irving, Texas, 75061or calling us at 888-508-5922
This document was last updated on December 11, 2020
Terms and conditions
The Mobile Application is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Mobile Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Accounts and membership
If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Accessing the Mobile Application and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Mobile Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Mobile Application, or the entire Services, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Services.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Mobile Application or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and our Mobile Application is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time.
Accuracy of information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.
Resides in a cloud server, We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to other mobile applications
Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
Intellectual property rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials.
You must not access or use for any commercial purposes any part of the Mobile Application or any services or materials available through the Mobile Application.
This Agreement does not transfer to you any intellectual property owned by Good Sportsman Marketing, LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Good Sportsman Marketing, LLC. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Good Sportsman Marketing, LLC or Good Sportsman Marketing, LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Good Sportsman Marketing, LLC or third-party trademarks.
Disclaimer of warranty
YOU AGREE THAT YOUR USE OF OUR MOBILE APPLICATION OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE 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. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of liability
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will send you an email to notify you. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
Waiver and Severability
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or write a letter to 5250 Frye Road, Irving, Texas, 75061 or by calling us 888-508-5922.
This document was last updated on December 11, 2020
TERMS and CONDITIONS
last modified December 11, 2020
THIS SERVICE AGREEMENT (this “Agreement”) is made and effective as of the date Customer (“Customer”) purchases the Services provided pursuant to this Agreement.
WHEREAS, Good Sportsman Marketing, LLC. (herein referred to as “GSM” or “Company”), offers access to and use of services from wireless and application service providers (the “Services”), and Customer desires to receive such Services, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual agreements set forth below, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
- Customer hereby engages GSM to provide cellular connectivity and application services (herein referred to as “Services”) and GSM hereby accepts such engagement.
- Customer orders submitted through the GSM portal will be binding upon GSM upon written confirmation or provisioning of the Service.
This Agreement shall commence on the date the customer creates their account with GSM on the Stealth Cam Command mobile application and automatically renew each billing period until terminated with written notice of non-renewal.
2. CUSTOMER COMMITMENTS. Customer agrees:
- They will supply accurate information in the account setup and will keep their contact information current;
- That the Services are used in connection with carrier approved equipment and applied to machine-to-machine (“M2M”) communication systems with such equipment installed within the selected wireless service provider
3. CUSTOMER ACKNOWLEDGES and agrees that:
- GSM is not responsible for the selection, supply, installation, operation, or maintenance of any Devices or other equipment or software owned or licensed by the customer and used in connection with the Services.
- GSM or its network provider partners may interrupt the Services at any time without any liability on its part, when Customer fails to comply with any of its obligations under this Agreement, or where necessary to prevent the improper or unlawful use of the Network.
- Customer is not acquiring services for the purposes of re-licensing, resale or redistribution without integration with other products and/or services;
- GSM reserve the right to make improvements to or correct any error or omissions in any portion of the Network, which may or may not affect Customer’s access to the Network.
4. SERVICE LEVELS AND DEPENDENCIES
- GSM shall use commercially reasonable efforts to ensure the service is available 24 hours a day, 7 days a week, except for any unavailability caused by circumstances beyond GSM‘s control, including without limitation acts of nature or government intervention.
- GSM is authorized to provide Services by the network providers, but Services remain dependent upon that provider continuing to provide and support its network and that authorization.
- Customer acknowledges that service may experience issues due to interruption of the service provider network and is available only within the applicable plan coverage areas, within operating range of wireless systems and with Equipment authorized by the provider to operate on its network.
5. SUPPORT SERVICES
6. PRICING AND BILLING
- All prices quoted on the site are valid for Orders placed at that time and may be subject to change at any time.
- Prices are subject to correction for clerical and typographical errors.
- Prices are exclusive of duties, fees, tariffs or other governmental charges which may be applied to any Order. Such amounts are payable by Customer and will be reimbursed to GSM at its cost if paid by GSM.
- Customer agrees to pay a recurring fee in accordance with the defined service plan and payment method. Such fees are charged in advance for data and application services and in the arrears for actual usage that exceeds a plan’s allotment.
- Deactivated service prior to the end of a billing cycle will result in a usage fee (if applicable) up to the date of deactivation. Any pre-paid fees will be forfeited.
- Services added during the month are pro-rated for the number of days active and billed on the next bill cycle date.
- Services may be or become subject to sales, use, value added, excise or other taxes. Customer agrees to pay such amounts when due.
7. PAYMENT TERMS
- Payment for services will be in U.S. Dollars.
- Fees paid are not refundable under any circumstances.
- Past due amounts will be subject to interest at the rate of the lesser of 1.5% per month or the highest rate allowed by applicable law.
- Customer agrees to reimburse GSM for all costs of collection incurred by GSM in connection with the enforcement of this Agreement.
8. TERMINATION OR SUSPENSION – this agreement may be terminated or suspended for the following reasons:
- By mutual written agreement of the parties.
- By GSM if Customer fails to pay any fees or other amount as and when due; or its agreement with the network provider expires or terminates for any reason.
- By either party upon 30 days’ prior written notice of a material breach of this Agreement (except in the case of non-payment by Customer, which is addressed in Section 9(c) above), unless the breaching party cures the breach within such 30 day period.
- By either party if the other party (A) makes a general assignment for the benefit of creditors, files a voluntary petition in bankruptcy or any petition or answer seeking, consenting to, or acquiescing in reorganization, arrangement, adjustment, composition, liquidation, dissolution or similar relief; (B) is the subject of an involuntary petition in bankruptcy or other insolvency protection that is not dismissed within 60 days after filing thereof; (C) is the subject of the appointment of a receiver for all or any portion of its assets or business, or (D) is unable to pay its debts as they become due.
9. DISCLAIMER OF WARRANTIES.
- GSM warrants that it will provide the Services in a manner keeping with industry standards applicable to the Services. But makes NO representations, warranties, covenants or guarantees relating to:
- network transmission capacity;
- whether data will be transmitted in an uncorrupted form;
- the security of any transaction, communication, facility or service;
- the fault tolerance of the Services or the suitability of same for high risk activities;
- the compatibility of the Services or the facilities (including SIMs/Devices and associated firmware and software) with Company’s use, including Company’s content, data, programs or transmissions; or
- any warranty relating to Devices shall be that of the manufacturer or supplier of such items to Company and/or Subscriber.
- Coverage locator maps depict predicted and approximate wireless coverage. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Even within a coverage area, there are many factors, including customer’s equipment, terrain, proximity to buildings, foliage, and weather that may impact service.
- Unless caused by the gross negligence of GSM, Customer shall indemnify and hold harmless the Underlying Carrier supplying services to GSM, and its officers, employees, and agents against any and all claims, including without limitation claims for libel, slander, infringement of copyright, or personal injury or death, arising in any way directly or indirectly in connection with this Agreement or the use, failure to use, or inability to use the access telephone number. This indemnity shall survive the termination of the Agreement.
11. EXCLUSION OF LIABILITY FOR PLAN SERVICES
- Customer expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and that customer is not a third-party beneficiary of any agreement between GSM and the underlying carrier. Customer understands and agrees that plan services are subject to and controlled by tariffs, and the laws, rules and regulations of the United States and other governmental authorities which may have jurisdiction. Customer understands that the plan services may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain or other natural or artificial conditions or due to modifications, upgrades, relocation and repairs of transmission network. Neither GSM or the network service provider shall be responsible for such interruptions not the inability to use the plan services within or outside any territory. The network provider cannot guarantee the security or network transmissions and will not be liable for any lack of security related to the use of the provider network. Customer acknowledges and agrees that the underlying carrier and its affiliates and contractors shall have no legal, equitable or other liability of any kind to customer and customer hereby waives any and all claims or demands therefore.
12. LIMITATIONS ON LIABLITY
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GSM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF GOOD SPORTSMAN MARKETING, LLC HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF GOOD SPORTSMAN MARKETING, LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY CUSTOMER TO GOOD SPORTSMAN MARKETING, LLC FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE CUSTOMER FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM CUSTOMER MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED
- Each Party confirms and agrees to maintain compliance with all laws and regulations applicable to it in any way related to the Services. Customer agrees to supply to GSM such information regarding the usage of the Plan Services by Customer and any End Users as the wireless network provider may legally require of GSM.
- Customer acknowledges that the Services are subject to U.S. export regulations and may be subject to import regulations of other countries. Customers agrees to fully comply with all such regulations applicable to its use of the Services. Each Party confirms and agrees to maintain compliance with all laws and regulations applicable to it in any way related to the Products or the Agreement, including, without limitation, labor laws and regulations and anti-bribery laws such as the U.S. Foreign Corrupt Practices Act.
14. AUTHORIZED DISCLOSURES
- GSM disclosures to the wireless network provider and government authorities of information related to use of the Plan Services by Customer and End Users as legally required of GSM are hereby authorized by Customer.
15. GOVERNING LAW AND VENUE
- This Agreement shall be governed by, and construed and enforced in accordance with, the laws of Texas, without regard to principles of conflicts of law. Jurisdiction of any litigation with respect to this Agreement shall be in Texas, with exclusive venue in a state or federal court of competent jurisdiction located within the geographic boundaries of Tarrant County, Texas.
- CUSTOMER WAIVES THEIR RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT.
- All claims arising under this Agreement must be commenced within one year of termination or expiration of this Agreement or when the claim arose, whichever is shorter.
- Any notice or other communication required or permitted under this Agreement shall be in writing and shall be given by electronic delivery.
- GSM may make changes in these Terms from time to time by notifying customers via email and posting updated terms on its website.
- Parties agree that notices provided to the other related to the Agreement will be valid if sent by email to the authorized address (notwithstanding any failure of the recipient’s email system, spam filters or similar impediments) or regular U.S. mail as set forth in the Agreement or in the account. Emails constitute writings and electronic facsimiles of original signatures constitute written approval for purposes of the Agreement.
17. ENTIRE AGREEMENT
18. WAIVER AND SEVERABILITY
- No waiver by GSM of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GSM to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.