Terms of Use

Please read the following agreement carefully before using this website.

This website use agreement applies to the website located at http://www.actionsportsnow.com.

BY USING THIS WEBSITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THE WEBSITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

Website Use Agreement

By accessing This Website (including extensions thereof) you are entering into this Website Use Agreement (“Agreement”) with ActionSportsNow, LLC, and you agree to be bound by the terms of this Agreement. This Agreement includes the terms and conditions set forth herein, ActionSportsNow, LLC's Privacy Policy and any other terms incorporated by reference herein.

If you do not agree to the terms of this Agreement, you must immediately stop use of this Website. If you remain on this Website, you agree to be bound by this Agreement.

ActionSportsNow.com provides an online service operated by ActionSportsNow, LLC. Because this website provides information on business and product information, this content website should not be considered endorsement, or in any other way, encouragement to buy or use any particular business or product. Considerable effort is made to ensure that the information on this site is accurate and current, however in no event shall ActionSportsNow, LLC be liable for any errors or misprints or for any injury or damage arising out of any decision made or action taken or not taken in reliance on information contained herein. Users are encouraged to verify information with the business independently before assuming that the information on ActionSportsNow.com is accurate.

Use of Information Granted to Public
Limited permission to copy all documents and related graphics from this Website is granted subject to the following:

1. The materials provided herein are for personal, non-commercial use only,
2. Any copies of documents contained on this Website or portions thereof must include the above copyright notice, and
3. You may not copy or print more than one copy of material posted on this Website.

Documents published by ActionSportsNow, LLC on this Website may contain other proprietary notices or describe products, services, processes or technologies owned by ActionSportsNow, LLC or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of ActionSportsNow, LLC or any third party. Except as expressly granted under this Agreement, all rights are reserved by ActionSportsNow, LLC.

You may not display this Website in frames or utilize any other techniques to display this Website or any content on this Website without the prior express written consent of ActionSportsNow, LLC. You may not use any meta tags or any other “hidden text” utilizing ActionSportsNow, LLC's name or trademarks without the prior express written consent of ActionSportsNow, LLC. You may not use ActionSportsNow, LLC's domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using this Website. You may not link to this Website, without ActionSportsNow, LLC's prior consent, which consent may be withdrawn by ActionSportsNow, LLC at any time, with or without notice, in ActionSportsNow, LLC's sole discretion.

Use of Information Granted to ASN

In exchange for various benefits conferred by becoming a registered user or paying subscriber, including but not limited to entry/qualification for prize drawings and promotion of the subscriber's business, the user may upload or otherwise convey to ActionSportsNow LLC various digital content, including but not limited to business reviews, business descriptions and digital images. By creating a user account or subscriber account, the user grants to ActionSportsNow, LLC an unlimited right to use the information provided, including images, in promotional materials and advertisements without other additional compensation or attribution.

Data Mining Prohibited

You may not use bots or similar methods or tools to “data mine” or otherwise gather or extract data from this Website, without ActionSportsNow, LLC's prior consent, which consent may be withdrawn by ActionSportsNow, LLC at any time, with or without notice, in ActionSportsNow, LLC's sole discretion.

Trademarks
The ActionSportsNow, LLC name and logo, the ActionSportsNow marks, and all other related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of ActionSportsNow, LLC or its affiliates and may not be used in any manner without the prior written consent of ActionSportsNow, LLC or the ActionSportsNow, LLC affiliated entity that owns any such mark(s). All other trademarks and service marks appearing on this Website are trademarks of their respective owners.

Consent to Monitoring
ActionSportsNow, LLC is under no obligation to monitor the information residing on or transmitted to this Website. However, anyone accessing this Website agrees that ActionSportsNow, LLC may monitor the contents of this Website periodically to either (1) comply with any applicable laws, regulations or other governmental requests; (2) operate this Website properly; or (3) protect itself and its users. ActionSportsNow, LLC reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to this Website (or the server(s) that host this Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement.

This Website and any Third Party Site (defined below) may contain content provided by advertisers or other third parties that may not be suitable for children. ActionSportsNow, LLC asks parents or legal guardians to assist ActionSportsNow, LLC by supervising the activities of children at this Website. ActionSportsNow, LLC does not knowingly collect personal information from children through this Website.

Limitation of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. ACTIONSPORTSNOW, LLC ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS WEBSITE.

IN NO EVENT SHALL ACTIONSPORTSNOW, LLC OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER ACTIONSPORTSNOW, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

No Warranties

Any material on this Website may include technical or other inaccuracies or typographical errors.

THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES AS TO THE ACCURACY, QUALITY, RELIABILITY OR FITNESS OF THE DATA PRESENTED THEREIN.

ACTIONSPORTSNOW, LLC AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

NO ADVICE OR INFORMATION GIVEN BY ACTIONSPORTSNOW, LLC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER ACTIONSPORTSNOW, LLC NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER ACTIONSPORTSNOW, LLC NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.

IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.

Disclaimer of Endorsement/Linked Sites
Reference herein to any products, services, processes, links to third parties or other information by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by ActionSportsNow, LLC. Product and service information is the sole responsibility of each individual vendor.

Some of the sites to which you may link from this Website are not owned by ActionSportsNow, LLC (collectively, “Third Party Sites”). Some Third Party Sites may contain the trademarks or “branding” of ActionSportsNow, LLC. You can tell if you have linked from one site to another site by looking at the URL in the browser window (or, if the link opens a new browser window, by looking at the URL found by viewing the “properties” of the page in your internet browser). If the second level domain of the URL for the page containing the link is different than the second level domain of the URL for the page to which you have linked, you are visiting a different site. Please note that any of ActionSportsNow, LLC's trademarks or service marks may be included in the URL of a co-branded or private label site that is owned and operated by a third party, in a location other than that occupied by the second level domain (e.g., as the third level domain). Third Party Sites may include, without limitation, sites on which you may bid for and/or purchase products or services. ActionSportsNow, LLC makes no representations whatsoever concerning ( a) the information, software or other material appearing on, or accessible through, any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (b) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user credit card information), (c) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (d) the sellers of any products or services advertised or sold on or through any Third Party Site. If you decide to access any of the Third Party Sites linked to This Website, you do so entirely at your own risk. If you are accessing a Third Party Site through a link on this Website, you are advised to read the terms of use and privacy policy of such Third Party Site before you use such Third Party Site.

Security/No Disruption
You agree that you will comply with any security processes and procedures (such as passwords) specified by ActionSportsNow, LLC with respect to access to or use of this Website. Further, you agree not to access or attempt to access any areas of or through this Website which are not intended for general public access, unless you have been provided with explicit written authorization to do so by ActionSportsNow, LLC. You agree that you will not disrupt the functioning of this Website or otherwise act in a way that interferes with other users' use of this Website.

Changes to This Agreement

ActionSportsNow, LLC reserves the right to change any of the terms of this Website Use Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this web page (or such other page accessible by clicking on the Website Use Agreement link in the footer of this Website) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use this Website after changes are posted, you accept the changes and agree to them.

Access/Failure to Comply
ActionSportsNow, LLC has the right to terminate, suspend or restrict your access to this Website, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access this Website.

ActionSportsNow, LLC also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.

You agree, at your own expense, to indemnify, defend and hold ActionSportsNow, LLC (and its subsidiaries, officers, directors, agents, employees, service providers and third parties providing content on this Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of this Agreement), (b) any information, content or other material transmitted, submitted or provided by you through this Website (including, without limitation, ActionSportsNow, LLC’s exercise of its rights with respect to such information), (c) your publication or use of any user review displayed on this Website, or (d) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).

Information and Content Provided by You
"User Provided Content” means information, content and other material that any user of this Website submits or otherwise provides to ActionSportsNow, LLC (including but not limited to feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of this Website submits or otherwise provides ActionSportsNow, LLC with User Provided Content, such User Provided Content will be deemed to be non-confidential, and ActionSportsNow, LLC assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content).

You grant ActionSportsNow, LLC and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, and unrestricted right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to ActionSportsNow, LLC, in whole or in part, in such manner, format and media as ActionSportsNow, LLC may see fit in its sole discretion, and for such purposes as ActionSportsNow, LLC may see fit in its sole discretion, without compensation or attribution to you, and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to ActionSportsNow, LLC in this paragraph, subject to such terms and conditions as ActionSportsNow, LLC may deem appropriate in its sole discretion, without compensation or attribution to you.

Without limiting the preceding paragraph, the submission or provision of User Provided Content to ActionSportsNow, LLC will in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by ActionSportsNow, LLC for any purpose whatever.

You represent and warrant that you have the right and authority to grant ActionSportsNow, LLC the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by ActionSportsNow, LLC or its sublicensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all “moral rights” that you may have in such User Provided Content have been voluntarily waived by you, (c) all such User Provided Content is accurate, (d) you are at least 18 years old, and (e) use of such User Provided Content will not cause injury to any person or entity.

You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through this Website any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging or compromising computer programs or files.

You agree and understand that ActionSportsNow, LLC may, in its sole discretion for any reason, and without any prior notice or liability, delete any files that you may maintain at this Website, and any material you may choose to post here. You should keep a copy of any material that you maintain or post at this Website because ActionSportsNow, LLC will not undertake to retain copies of any material that ActionSportsNow, LLC or others may delete from this Website, and is unable to return any such content to you.

Subscription Payments; Automatic Renewal of Subscription Payments 

Payments for subscriptions: Payment for subscription listings must be made to us (ActionSportsNow.com) in U.S. Dollars paid either by major credit or debit card, or a check drawn on a U.S. bank.

Automatic Renewal. Effective as of:

• January 1, 2012 for subscriptions on ActionSportsNow.com

as applicable, for any subscription paid for by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional subscription rate. If such subscription was purchased by check or another form of payment other than by credit card (if such other payment form was permitted), such subscription shall not be automatically renewed.  Automatic renewal applies to all subscriptions purchased by credit card on or after the applicable date set forth above and all subscriptions in force as of such date if we contact the member to obtain the credit card information in order to facilitate automatic renewal.  This automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term. If you wish to turn off auto-renewal, you must email billing@ActionSportsNow.com at any time prior to 30 days before the expiration of the then-current term and request for your auto-renewal to be terminated.  You will receive an email from an ASN representative within 3 days acknowledging that your request has been processed. Upon any such email requesting termination of your auto-renewal, your subscription will remain active through the expiration of your then-current subscription term; however your subscription will not be automatically renewed upon the expiration of your then current term. If your subscription does not auto-renew or expires at the end of your then current subscription term and you desire to renew your subscription, you will be required to pay the then-current non-promotional subscription rate to renew your subscription or to activate a new subscription.

If you do not email billing@ActionSportsNow.com and request for your auto-renewal to be terminated and you continue to use our subscription service, you re-affirm and authorize us to charge your credit card at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate for the same product or service. 

If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your credit card at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same of the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary.

If you wish to avoid billing of subscription fees for the renewal term to your credit card, you must email billing@ActionSportsNow.com and request for your auto-renewal to be terminated for your subscription before it renews.  If you wish to change (update/modify) your credit card to be charged or if your credit card information otherwise changes, email billing@ActionSportsNow.com to provide the new or different credit card information.

By entering this agreement, you acknowledge that you are giving your written permission to the recurring charges and authorizing the product changes as set out above.

Refund Requests and Termination or Transfer of Listings 
  
Refund Requests: All listings are sold to run the full term that is chosen by the member. Generally, no refunds are available.

Refund Requests for Listings Not Completed :  In the event you purchase a subscription for a listing but do not complete the creation of the listing or the listing does not get posted after purchase for any other reason, refund requests will be considered only during the first six (6) months following the purchase date.  If within such six (6) month period you do not complete the creation of your listing as we may require to display such listing on the Site (i) you shall not be entitled to any refund and (ii) your subscription will expire no more than 18 months from the purchase date of the subscription regardless of the listing posting date.

If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your business and no longer wish for the listing to remain online, please contact us (email us info@ActionSportsNow.com) and we can remove the listing; however, no refund will be owed. 

Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing or business practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Site, then we may immediately terminate such member’s subscription(s) without notice to the member and without refund.  We assume no duty to investigate complaints.  Finally, if any member is abusive or offensive to any employee or representative of the ActionSportsNow LLC, we reserve the right to terminate such member’s subscription(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us then we may terminate such member’s subscription(s) immediately without notice to the member and without refund.

Transfer of Listing: No listing may be transferred to another party, except that if a member sells the business that is listed, the member may transfer its listing to the new owner of the business that is listed. We may, at our discretion, charge a reasonable transfer fee.

Guidelines and Abuse Policy

You can submit only one rating/review per business.

• Please up to 3 days for reviews to appear on ActionSportsNow.com, subject to this policy.
• You can edit, delete, or check the status of your existing ratings and reviews at any time on your “My ASN” page. In the reviews section, a note will appear with the review if it is "Pending Review" or "Not Approved" with a link to review this policy.

By submitting your rating and review you grant ActionSportsNow.com permission to publish your rating and review.

Reviews can be screened for content and must conform to the Guidelines and Abuse Policy.

ActionSportsNow.com reserves the right to remove any rating and review that does not conform to policy. Reviews that are not acceptable according to our Guidelines and Abuse Policy can be reported through the Report Abuse link available next to each review. ActionSportsNow staff will review all reports of abuse and remove those that violate policy.

Abuse Policy - The following content may be considered abusive and lead to removal of the rating and review, and other restrictions on the user posting them:

1. Profane, obscene, abusive, offensive, objectionable, unintelligible language.
2. Adult material, including graphic images, written images, URLs, or links.
3. Negative comments about individual employees, including names.
4. References to a company other than the one being reviewed, whether by name, domain name, trademarks or service marks.
5. References to another review, particularly one that has been deleted by the writer or removed due to policy violation.
6. Time-sensitive information, such as a negative service experience that happened more than two
   years ago.
7. Criticizing a business without having done business with them or without providing specific product or service insight. You can provide details about your actual customer experience by editing your review in My ASN.

Although a business appears on, or may be submitted for addition to, this list, ASN reserves the right to limit which businesses may appear on its customer portal located at www.ActionSportsNow.com.

Version 1.2, February 3, 2012.

© ActionSportsNow, LLC.