Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Black Bear Sporting Goods. The collective work includes works that are licensed to Black Bear Sporting Goods. Copyright 2010, Black Bear Sporting Goods ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Black Bear Sporting Goods or purchasing Black Bear Sporting Goods products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Black Bear Sporting Goods or to purchase Black Bear Sporting Goods products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Black Bear Sporting Goods. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Black Bear Sporting Goods used in the site are trademarks or registered trademarks of Black Bear Sporting Goods. All other products, services and/or company names mentioned herein are trademarks of their respective owners.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Black Bear Sporting Goods disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Black Bear Sporting Goods does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Black Bear Sporting Goods does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Black Bear Sporting Goods shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Black Bear Sporting Goods has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Black Bear Sporting Goods product is mistakenly listed at an incorrect price, Black Bear Sporting Goods reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Black Bear Sporting Goods reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Black Bear Sporting Goods shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Black Bear Sporting Goods without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Black Bear Sporting Goods may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Black Bear Sporting Goods.
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Black Bear Sporting Goods products) shall be in the state or federal courts located in Pinellas County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Black Bear Sporting Goods products) must be commenced within one (1) year after the claim or cause of action arises. Black Bear Sporting Goods's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Black Bear Sporting Goods may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Black Bear Sporting Goods or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Black Bear Sporting Goods does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Black Bear Sporting Goods is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Black Bear Sporting Goods reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Black Bear Sporting Goods in its sole discretion.
You agree to indemnify, defend, and hold harmless Black Bear Sporting Goods, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Shipping/Risk of Loss
All packages are shipped FOB Oldsmar, Florida. All items purchased from Black Bear Sporting Goods are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. In-stock orders are normally shipped in two to three business days. Delivery dates are determined by adding the processing time and transit time. Most orders ship signature required and must have someone available to sign for the package. Black Bear Sporting Goods is not responsible for delays in transit or processing. Shipping charges and restocking fees will be charged for all refused packages.
Black Bear Sporting Goods attempts to be as accurate as possible. However, Black Bear Sporting Goods does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
In an attempt to provide increased value to our visitors, Black Bear Sporting Goods may link to sites operated by third parties. However, even if the third party is affiliated with Black Bear Sporting Goods, Black Bear Sporting Goods has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Black Bear Sporting Goods. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Black Bear Sporting Goods seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Black Bear Sporting Goods accepts returns for thirty (30) days after shipment. Buyer is responsible for all return shipping costs. Defective products are returnable for 30 days without restocking fees. A NON-NEGOTIABLE 10% RE-STOCKING FEE APPLIES TO ALL NON-DEFECTIVE RETURNS OR EXCHANGES. Shipping costs are non-refundable. Customer must request a return merchandise authorization (RMA) thru our website to receive instructions for returning the package. A RMA number will be issued with instructions for returning the package within two business days. Please note that RMA numbers will not be issued via telephone. All returns without a RMA number or sent COD will be refused. All packaging materials and parts must be included for a refund. We reserve the right to refuse returns with missing parts. Products damaged by the customer may be given a partial refund or refused altogether. Ammunition, open software/data cards, international orders, freight truck only products and special order items are not returnable. Claims of shipment damage, incorrect/missing items, or non-receipt of goods must be made within 10 days.
All international purchases are final and non-returnable. Warranty service may be limited or not available outside the United States. The recipient is responsible for all duties, taxes and Customs fees. Please contact your local Customs office for an estimate of these fees. Any refused packages will be charged for shipping costs and all fees associated with the return shipment.
Compliance of Federal, State and Local Ordinances
Black Bear Sporting Goods does not warrant that you may legally purchase, resell, own, or use all of the products offered by Black Bear Sporting Goods. When you place an order with Black Bear Sporting Goods for products that may have restrictions, you warrant to us that you are a legal adult without legal restrictions and are in compliance with all local city, county, state and federal laws.
Site Polices, Modification, and Severability
Hodges Retail LLC DBA Black Bear Sporting Goods
455 East Douglas Road
Oldsmar, Florida 34677
Last Revised: November 24, 2010