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Terms of Service

Thank you for visiting the Johnson’s Sporting Goods Online Store. The Site is designed to provide a convenient, private and informative shopping experience for consumers to purchase products related to sporting goods. Accessible 24 hours a day, 7 days a week, the Site offers a larger selection of products than typical store-based retailers, along with related information. Johnson’s Sporting Goods Online Store www.johnsonssportinggoods.com and its affiliate store want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

 

THE TERMS OF USE

Johnson’s Sporting Goods ("Johnson’s Sporting Goods ") owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use this website.

 

PRIVACY

Johnson’s Sporting Goods respects your privacy and takes strong measures to protect your confidential personal information. All personal and billing information collected via Johnson’s Sporting Goods shopping cart is transmitted to Johnson’s Sporting Goods staff securely via High-grade Encryption (256 bit). Your information is physically secured to protect against any losses or misuse. Johnson’s Sporting Goods restricts access to your confidential personal information to authorized staff members who need it to process your order. The facilities that store your personal information are physically secured to protect against the loss, misuse or alteration of all data and information collected. Johnson’s Sporting Goods will never disclose, sell or rent your personal information to any third party unless required by law. Johnson’s Sporting Goods staff may use your contact information to contact you to resolve any issues in relation to the order; however, Johnson’s Sporting Goods will not use your personal information for any unsolicited commercial marketing purposes.

 

PROMOTIONAL SHIPPING OFFERS & GIVE-AWAY'S

Free promotional shipping offers fully apply to orders shipping within the United States via standard shipping with a merchandise subtotal of $50.00 or more. Additional shipping charges (quoted during checkout or by staff) apply to all expedited orders. All international orders with a merchandise subtotal of $50.00 or more receive a $5.95 shipping discount from the actual international shipping cost. Promotional offers are valid for new orders only. All promotional give-always are valid for new orders only and orders with merchandise subtotal of $50.00 or more. Offer valid while supplies last. All promotional give-always and shipping discounts are based merchandise subtotals only. Merchandise subtotals do not include California sales taxes, shipping or handling charges.


 

PRODUCT AVAILABILITY

Product availability on our website is not guaranteed as it may be low in stock, out of stock, or on backorder. If merchandise is not available by the time your order processes, we will notify you of this via telephone or e-mail. In the event that we cannot contact you, we will place any unavailable product on backorder and will ship it separately at no additional charge or substitute backordered products with alternative items at equal or lesser value.

 

PRODUCT INFORMATION

All prices displayed on Johnson’s Sporting Goods Website are quoted in U.S. dollars. Please note that while we have tried to accurately display the colors of products on the Web site, the actual colors you see will depend on your computer monitor.

 

ORDERS

You place an order with Johnson’s Sporting Goods by selecting products and pressing the "purchase now" button on the checkout page. Johnson’s Sporting Goods reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Johnson’s Sporting Goods at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Johnson’s Sporting Goods upon Johnson’s Sporting Goods acknowledging such order or failing to reject such order within 14 days. We only accept orders from the United States. Variation of Products and Price Johnson’s Sporting Goods may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Johnson’s Sporting Goods’s retail stores and those found on this website. Delivery Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Johnson’s Sporting Goods’s Delivery Policy published on this website, and the Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Johnson’s Sporting Goods provides delivery. Orders will not be processed for delivery to an address in a suburb not in Johnson’s Sporting Goods’s delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

 

RETURNS

Return claims (including for replacement products, refunds or credits) are detailed in Johnson’s Sporting Goods 's Returns Policy published on this website, and the Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.

 

RETURN POLICY

Fill out the "Return Form" on your packing list and choose one of the following ways to make an exchange.

 

·         Use the "UPS Returns Prepaid" label on your packing list. The return shipping charge will be deducted from your merchandise credit. Find a UPS drop-off location

 

·         Use the shipper of your choice. For your protection, insure the package for the full value and send to:

 

Johnson’s Sporting Goods Store

206 Bath Road

Brunswick, ME 04011

 

Refunds requests are granted within 30 days from which a customer's shipment is received. For all orders placed between the weekend prior to Thanksgiving through December 25, refunds requests are granted within 30 days after December 25. Johnson’s Sporting Goods reserves the right to deny any refund requests following this period. Returned items must be in their original packaging, in as-new condition with the packing slip. All refunds will be in exchange for equal or higher product line only.

 

LINKS TO THIRD PARTY SITES

This Site may contain links to Sites owned or operated by third parties. Such links are provided for your reference only and we do not control such Sites and we are not responsible for their content. We reserve the right to terminate a link to a third party Site at any time and the fact that we provide a Link does not mean that we endorse, authorize or sponsor that Site.

 

INTERNATIONAL SHIPMENTS

Please allow sufficient time for delivery of international shipments. Ship time for international orders is 7-10 business days plus customs clearance time. All international shipments are subject to international customs clearance, which can affect transit time regardless of shipping service.

 

NEXT DAY SHIPMENTS

Next day, overnight shipping rates will vary. Staff will contact you via telephone with exact overnight shipping rates prior to shipping your order for authorization. In the event that we cannot contact you, we will ship your order via Two-Day Delivery for $14.99 extra and notify you via voice or e-mail message.

 

COPYRIGHT

Copyright Johnson’s Sporting Goods 2000-2011. This Web site and all content included on this site, such as product photos, text, graphics, logos, icons, and images are the copyrighted property of Johnson’s Sporting Goods. All Rights Reserved. Any commercial usages or reproduction of the content on contained on this site without the prior written permission from Johnson’s Sporting Goods is forbidden by law.

 

TRADEMARKS

Johnson’s Sporting Goods, [johnsonssportinggoods.com], and other graphics, logos, and service names in relation to Johnson’s Sporting Goods are trademarks of Johnson’s Sporting Goods. The trademarks of Johnson’s Sporting Goods may not be used in connection with any product or service that is not of Johnson’s Sporting Goods, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Johnson’s Sporting Goods. All other trademarks not owned by


Johnson’s Sporting Goods 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 Johnson’s Sporting Goods.

 

DISCLAIMER

OUR WEBSITE CONTENT IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, Johnson’s Sporting Goods ONLINE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. Johnson’s Sporting Goods ONLINE STORE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. Johnson’s Sporting Goods ONLINE STORE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE Johnson’s Sporting Goods ONLINE STORE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. Johnson’s Sporting Goods ONLINE STORE DOES NOT ENDORSE OR MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE, OR ABOUT ANY THIRD PARTY SITES YOU MAY LINK THROUGH THE Johnson’s Sporting Goods ONLINE STORE, WHICH LINKS ARE PROVIDED FOR CONVENIENCE ONLY. Johnson’s Sporting Goods ONLINE STORE DOES NOT MAKE ANY REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE AND NEITHER SHALL HAVE ANY RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT. IN NO EVENT SHALL Johnson’s Sporting Goods ONLINE STORE OR ITS AFFILIATE COMPANIES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Johnson’s Sporting Goods ONLINE STORE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU. YOUR USE OF THE Johnson’s Sporting Goods ONLINE STORE IS AT YOUR SOLE RISK AND IF YOU ARE DISSATISFIED WITH THE ONLINE STORE, ITS CONTENT OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Johnson’s Sporting Goods ONLINE STORE.

 

OWNERSHIP OF WEBSITE AND CONTENT

Johnson’s Sporting Goods owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by


copyright under the laws of The United States and may not be used without written permission by Johnson’s Sporting Goods. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Johnson’s Sporting Goods or of the relevant trade mark owner. Security Johnson’s Sporting Goods cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website. Third Party Content This website contains information from or hyperlinks to websites operated by third parties. Johnson’s Sporting Goods provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website. Revisions Johnson’s Sporting Goods may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect. Liability Johnson’s Sporting Goods provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Johnson’s Sporting Goods will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

 

GOVERNING LAW

Johnson’s Sporting Goods operates this website from its offices within The United States. The laws of the State of Maine govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Maine. You agree to be responsible for compliance with applicable local laws if you access this website outside The United States.

 

TERMS OF PRODUCT PURCHASE

 

THE AGREEMENT

In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from Johnson’s Sporting Goods products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Johnson’s Sporting Goods once Johnson’s Sporting Goods accepts an order. Each accepted order is a separate agreement.

 

CUSTOMER APPLICATION

You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Johnson’s Sporting Goods if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorized person uses your username and password.

 

SITE CONTENT

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

 

COLOR/PRODUCT DESCRIPTION

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.

 

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy. You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

 

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