360 Sportsman LLC Terms of Use

360 Sportsman Terms of Use

1. Acceptance of Terms

1.1. 360 Sportsman provides a personalized subscription (with one-time payment options) service that allows members to access outdoor adventure content, educational resources, and exclusive membership benefits ("360 Sportsman content") over the Internet on certain Internet-connected devices ("360 Sportsman-compatible devices").
1.2. The 360 Sportsman service is provided to you by 360 Sportsman, LLC. You have accepted these Terms of Use, which govern your use of our service. References to "360 Sportsman service," "our service," or "the service" mean the personalized service provided by 360 Sportsman, including all features, functionalities, recommendations, our websites, and user interfaces, as well as all content and software associated with our service.
1.3. By signing up for a 360 Sportsman membership, you acknowledge and agree to be bound by these Terms of Use. If you do not accept these terms, do not use our service.

2. Membership

2.1. Your 360 Sportsman membership will continue and automatically renew until terminated. To use the 360 Sportsman service, you must have Internet access and a compatible device and provide us with one or more valid payment methods ("Payment Method").

2.2. We may offer various subscription plans, some of which may contain advertisements, exclusive content, or special features. The availability of specific features depends on the subscription plan selected.

2.3. Some subscriptions may be offered by third parties. We are not responsible for the services provided by such third parties. Subscription plans may have different terms, which will be disclosed at sign-up or in other communications provided to you.

2.4. Promotional Offers – From time to time, we may offer special promotional offers, plans, or memberships ("Offers"). Offer eligibility is determined solely by 360 Sportsman, and we reserve the right to revoke an Offer and place your account on hold if we determine that you are not eligible. Members of households with an existing or recent 360 Sportsman membership may not qualify for certain introductory Offers. We may use information such as device ID, payment method, or account email address associated with an existing or recent membership to determine Offer eligibility. Eligibility requirements and other conditions will be disclosed at sign-up or through other communications.

3. Billing and Cancellation

3.1.

Billing Cycle – The subscription fee for the 360 Sportsman service and any other charges you may incur in connection with your use of the service will be charged to your Payment Method on the specific payment date. Subscription fees are fully earned upon payment. In some cases, your payment date may change due to account changes or billing cycle adjustments.
3.2.

Payment Methods – You must provide a valid Payment Method. You authorize us to charge any Payment Method associated with your account if your primary Payment Method is declined or unavailable. You remain responsible for any uncollected amounts. If a payment fails, we may suspend your access to the service until successful payment is processed.
3.3.

Updating Your Payment Methods – You can update your Payment Methods at any time by emailing [email protected]. Following an update, you authorize us to continue charging the updated Payment Method.
3.4.

Cancellation – You can cancel your 360 Sportsman membership at any time. Your access will continue until the end of your current billing period. To cancel, email support@360sportsman and follow the provided cancellation instructions. If you signed up through a third party, you may need to cancel through that third party.
3.5.

Changes to Subscription Plans and Pricing – We reserve the right to change our subscription plans and pricing. Any changes will be communicated at least one month before they take effect. If you do not wish to accept a price change, you may cancel your subscription before the new pricing takes effect.
3.6.

Refunds – Payments are nonrefundable, and we do not offer refunds or credits for partially used membership periods. Following cancellation, you will continue to have access to the service through the end of your billing period. At our sole discretion, we may offer refunds, discounts, or credits on a case-by-case basis. The provision of such credits does not entitle you to future credits or refunds under similar circumstances.
3.7.Right to Suspend or Terminate – We reserve the right to suspend or terminate your membership if we determine that you have violated these Terms of Use or are engaged in unauthorized use of the service.

4. Use of Service

4.1. You must be at least 18 years of age to become a member of the 360 Sportsman service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
4.2. The 360 Sportsman service and any content accessed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household unless otherwise allowed by your subscription plan. During your 360 Sportsman membership, we grant you a limited, non-exclusive, non-transferable right to access the 360 Sportsman service and content through the service. Except for the foregoing, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances.
4.3. You may access 360 Sportsman content primarily within the country in which you have established your account and only in geographic locations where we offer your subscription plan and have licensed such content. The content that may be available will vary by geographic location and will change from time to time. Not all 360 Sportsman content may be available in all subscription plans.
4.4. The 360 Sportsman service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our websites, user interfaces, and promotional features.
4.5. Depending on your subscription plan, some 360 Sportsman content may be available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles, and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
4.6. You agree to use the 360 Sportsman service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by us, you agree not to:

(i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the 360 Sportsman service;

(ii) circumvent, remove, alter, deactivate, degrade, block, obscure, or thwart any of the content protections or other elements of the 360 Sportsman service, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;

(iii) use any robot, spider, scraper, or other automated means to access the 360 Sportsman service;

(iv) decompile, reverse engineer, or disassemble any software or other products or processes accessible through the 360 Sportsman service;

(v) insert any code or product or manipulate the content of the 360 Sportsman service in any way;

(vi) use any data mining, data gathering, or extraction method;

(vii) upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the 360 Sportsman service, including any software viruses or any other computer code, files, or programs.

We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
4.7. The quality of the display of the 360 Sportsman content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD, and HDR availability are subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD, or HDR and not all plans allow you to receive content in all formats. The minimum connection speed for HD video quality (defined as a resolution of 720p or higher) is 3.0 Mbps per stream; however, we recommend a faster connection for improved video quality. A connection speed of at least 5.0 Mbps per stream is recommended to receive Full HD video quality (defined as a resolution of 1080p or higher). A connection speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD video quality (defined as a resolution of 4K or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. 360 Sportsman makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching 360 Sportsman content will vary based on a number of factors, including your location, available bandwidth at the time, the 360 Sportsman content you have selected, and the configuration of your 360 Sportsman ready device.
4.8. The 360 Sportsman software is developed by, or for, 360 Sportsman and may solely be used for authorized streaming and to access content from 360 Sportsman through 360 Sportsman ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the 360 Sportsman and related third-party software. If you do not accept the foregoing terms, do not use our service.
4.9. By using our service, you agree to look solely to the entity that manufactured and/or sold you the 360 Sportsman ready device for any issues related to the device and its compatibility with the 360 Sportsman service. We do not take responsibility or otherwise warrant the performance of 360 Sportsman ready devices, including the continued compatibility with our service.

5. Account Security and Unauthorized Access

5.1. Passwords and Account Access – You are responsible for any activity that occurs through your 360 Sportsman account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account-related notices. We can terminate your account or place your account on hold to protect you, 360 Sportsman, or our partners from identity theft or other fraudulent activity. 360 Sportsman is not obligated to credit or discount a subscription for holds placed on the account by either a representative of 360 Sportsman or by the automated processes of 360 Sportsman. If your 360 Sportsman ready device is sold, lost, or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the 360 Sportsman service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Account" page of our website.

5.2. You are responsible for all activity that occurs through your 360 Sportsman account. Keep your account credentials secure and do not share your password. If you suspect unauthorized access to your account, change your password immediately and notify us.

5.3. If your device is lost or stolen, you may contact us at [email protected] for account support.

6. Disclaimers and Limitations of Liability

6.1. THE 360 SPORTSMAN SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE 360 SPORTSMAN SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. 360 SPORTSMAN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE 360 SPORTSMAN SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. 360 SPORTSMAN SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES COMPATIBLE WITH 360 SPORTSMAN, AND 360 SPORTSMAN SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL 360 SPORTSMAN, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

6.3. YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS OR OTHER COMMERCIAL CONTENT ON THE 360 SPORTSMAN SERVICE. 360 SPORTSMAN DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCTS OR SERVICES AND TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED BY ADVERTISERS. ANY INTERACTIONS WITH ADVERTISERS, INCLUDING THROUGH ENGAGEMENT WITH INTERACTIVE ADVERTISEMENTS, ARE AT YOUR OWN OPTION AND RISK AND YOU AGREE THAT 360 SPORTSMAN IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH INTERACTIONS.

6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

7. Arbitration Agreement and Class Action Waiver

7.1. Arbitration Agreement – You and 360 Sportsman agree that any dispute, claim, or controversy arising out of or relating in any way to the 360 Sportsman service, these Terms of Use, and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and 360 Sportsman are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your 360 Sportsman membership.

7.2. Notice of Dispute – If you elect to seek arbitration or file a small claim court action, you must first send to 360 Sportsman, by certified mail, a written Notice of your claim ("Notice"). The Notice to 360 Sportsman must be addressed to: General Counsel, 360 Sportsman, LLC., 554 Sunflower Rd, Rexburg, ID 83440 ("Notice Address"). If 360 Sportsman initiates arbitration, it will send a written Notice to the email address used for your 360 Sportsman account. A Notice, whether sent by you or by 360 Sportsman, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If 360 Sportsman and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or 360 Sportsman may commence an arbitration proceeding or file a claim in small claims court.

7.3. Filing Fee and Reimbursement – You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after 360 Sportsman receives notice at the Notice Address that you have commenced arbitration, 360 Sportsman will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

7.4. Arbitration Process – The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless 360 Sportsman and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

7.5. Claims for US$10,000 or Less – If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of 360 Sportsman's last written settlement offer made before an arbitrator was selected (or if 360 Sportsman did not make a settlement offer before an arbitrator was selected), then 360 Sportsman will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.

7.6. Class Action Waiver – YOU AND 360 SPORTSMAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and 360 Sportsman agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

8. Miscellaneous

8.1. Governing Law – These Terms of Use shall be governed by and construed in accordance with the laws, venue, and jurisdiction of Madison County, Idaho, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

8.2. Unsolicited Materials – 360 Sportsman does not accept unsolicited materials or ideas for content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to 360 Sportsman. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against 360 Sportsman and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

8.3. Feedback – 360 Sportsman is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the 360 Sportsman service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the 360 Sportsman service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

8.4. Customer Support – To find more information about our service and its features, or if you need assistance with your account, please contact [email protected]. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our websites, these Terms of Use will control.

8.5. Survival – If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8.6. Changes to Terms of Use and Assignment – 360 Sportsman may revise these Terms of Conditions for its website at any time without notice. By using this website, you agree to be bound by the then-current version of these Terms and Conditions and are responsible for regularly reviewing these terms. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable 360 Sportsman service.

8.7. Communication Preferences – We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.