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Terms and Conditions of Service

Welcome to sumotackle.com (the “Website”). Sumo Tackle is a website located at sumotackle.com and is owned and operated by Sumo Tackle, of Oceanside, California, 92056. These Website Terms and Conditions are revised as of January 1, 2023.

We provide access to the Website to you subject to the following terms and conditions. In return for accessing or use the Website, including but not limited to any content, functionality, and services offered through the Website, you agree to be bound by these terms and conditions of use (“Terms”) without limitation or qualification. This is a legally binding agreement between you as the user(s) of the Website (sometimes referred to as “you”, “your”, or “User” hereinafter) and Sumo Tackle (sometimes referred to as “we”, “our”, “us” or “sumotackle.com” hereinafter). If you do not intend to be legally bound by these Terms, do not access or use the Website.  If you visit the Website, you accept all Terms. Please read them carefully. If you do not agree to these Terms in their entirety, you may not use the Website.

We may modify these Terms from time to time. If you do not agree to any modifications, you should terminate your use of our Website and its Services (as defined below). Your continued use of the Website will constitute a binding acceptance by you of these Terms, or any subsequent modifications.

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your User Account. If you wish to terminate your User Account, you may do so by following the instructions on the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

The Website provides you with the ability to purchase products, access blogs and information content, and other services that may be available in the future (collectively referred to as the “Service”). More specifically, our “Service” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and any other materials you may view on, access through, or contribute to the Website. The Service includes all aspects of the Website, including but not limited to all profiles, tools, and services offered via the Website.

The Service, or aspects of the Service may contain content created by other people and links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any other person or third-party websites. In addition, we will not and cannot review, monitor, censor, or edit the content, message, or any other medium posted by anyone in connection with this Website, or any content of any third-party site. By using our Website and Services, you expressly relieve us from any and all liability arising from your use of the Website and Services, including any third-party website.

Sale of Products

The Website hosts a webstore of products (“Products”) equipped with payment and transactional functions enabling users to purchase available inventory. We attempt to be as accurate as possible when listing Product and manufacturer information, however we do not warrant that the information is error-free. We reserve the right to deny any sale due to website errors.

Content

The Website also hosts a variation of blog and textual and visual material related to Sumo Tackle Products, outdoor sports, fishing and related Products (the “Blog”). We attempt to be as accurate as possible when collecting and publishing information for the Blog; however, we do not warrant that the information is accurate, up to date, or error free. We also reserve the right, but have no obligation, to monitor any and all existing information within the Blog to ensure its accuracy. Blog posts may contain links to third-party websites that are not owned or operated by us. We assume no responsibility for the content, privacy policies, practices, or transactions that may occur on these linked third-party websites. Additionally, we are not responsible for any damages or activity that may arise out of use of the information displayed in the Blog.

Accounts

We may make available the ability for users to apply to create a user account. For purposes of these Terms and Conditions, such accounts shall be considered “User Accounts”.

Eligibility and Minimum Age

You must be at least 13 years of age to access and use the Services. Any use of the Website or Service is void where prohibited. If you are under age 13, you may not, under any circumstances or for any reason, use the Website or Service. If you provide any information that is inaccurate, or incorrect, we have the right to refuse current and future use of the Website. We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms or use of the Service is prohibited or to the extent provision of the Service conflicts with any applicable law, rule, or regulation. Further, the Service is offered only for your use, and not for the use or benefit of any third party. By accessing and using the Website, you represent and warrant that you have the right, authority, and capacity to accept and abide by all of the Terms.

User Account Registration

You must provide accurate and complete information. You shall not: (i) use the name of another person with the intent to impersonate that person or (ii) use the name of a person other than you without appropriate authorization. You are solely responsible for the activity that occurs in connection with your User Account, and for keeping your password(s) secure. You may never use another person’s registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your User Account. You should never publish, distribute, or post login information for your User Account. You shall have the ability to delete your User Account, either directly or through a request made using contact information on the Website.

If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your User Account, and refuse your current or future use of the Service, as well as possibly subjecting you to criminal and civil liability.

You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree to (a) immediately notify us of any unauthorized use of your User Account, any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. You are liable and responsible for any unauthorized use of the Service. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify us against all activities conducted through your User Account.

Placing an Order

To place an order through the Website, you must provide us with all required information. This may include, without limitation, your full name, shipping and billing address, date of birth, or payment information including but not limited to your credit card number, card verification number, and expiration date. Purchases may be executed via third-party payment service providers that we may make available for your use. We are not responsible or liable for any activities or conduct of third-party service providers, and you agree to hold us harmless and expressly release us from any and all liability arising from or in connection with any Products that are offered for sale via the Website. We reserve the right to deny any sales due to Website errors. In the event of a denied sale due to a Website error, you will be notified by phone or email and will receive a refund in full.

You agree that your order is an offer to buy under these Terms, all Products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the Products or services to you. We may choose not to accept orders at our sole discretion even after we send you a confirmation email with your order number and details of the Product(s) you have ordered.

Shipping Policy

We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.  Title and risk of loss passes to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Prices and Payment Terms

All prices, discounts, and promotions posted on this Website are listed in U.S. Dollars and are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be sent out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time-to-time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion, and payment must be received, by us, before our acceptance of an order.

Payments and Transactions

We use third party payment platforms to process credit and debit card transactions for your orders. You expressly understand and agree that we shall not be liable for any payments and monetary transactions that occur through your use of the Website. You expressly understand and agree that all payments and monetary transactions are handled by third parties. You agree that we shall not be liable for any issues regarding financial and monetary transactions between you and any other party. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Website and/or third parties. We are not liable for loss or damage from errant or invalid transactions processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. You must not process stolen credit cards, or unauthorized credit cards through the Website. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

Refund Policy

All Products sold on this Website are designated as “Final Sale” and sold “As Is.”  If you are unsatisfied with the Product, please contact us at sales@sumotackle.com to let us know the concern or issue.

Product Warranties

EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, be incorporated into, be attached to, or be packaged together with the Products. Third Party products are not covered by the warranty in this Section. For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

User Content

You hereby represent and warrant that (i) your User content created in connection with the Service, does not and will not infringe or violate the rights of any third party, including without limitation any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information, (ii) you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in any User content in order to include their name, voice, performance or likeness in any User content and (iii) the storage, use or transmission of any User content does not violate any law or these Terms.

Use License

Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right. Your license to use and access the Services and the content is automatically revoked if you violate these Terms in a manner that violates our intellectual property rights. All rights not explicitly granted to you are reserved by us.

General Permissions and Restrictions for Use of the Service

We hereby grant you permission to access and use the Service as set forth in these Terms provided that: (i) You agree not to distribute in any medium any part of the Service; (ii) You agree not to alter or modify any part of the Service; (iii) You agree not to access the Service through any technology or means other than explicitly authorized means we may designate; (iv) You agree not to use the Service for any of the following commercial uses: (a) the sale of access to the Service; (b) the sale of advertising, sponsorships, or promotions placed on or within the Service or content; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Service; (v) You agree to comply with all applicable laws, and further agree not to violate any applicable laws through use of the Service; and (vi) You agree not to violate any of the Terms. We reserve the right to discontinue any aspect of the Service or terminate your User Account at any time for any reason.

Code of Conduct

In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of the Service: (i) the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law; (ii) content is provided to you AS IS. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent; (iii) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (iv) You understand that when using the Service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that: (a) fails to comply with these Terms (b) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, offensive or is otherwise inappropriate as determined by us in our sole discretion; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (f) impersonates any person or entity, including any of our employees or representatives; or (g) includes anyone’s identification documents or sensitive financial information.

You further shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any content from the Services; (vii) otherwise take any action in violation of our guidelines and policies; (viii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any Applications), except to the limited extent applicable laws specifically prohibit such restriction, (ix) modify, translate, or otherwise create derivative works of any part of the Services, or (x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

You further understand and acknowledge that you may be exposed to content that is inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

If you chose to share your personal information, and other content (including communications) through the Service, you understand that we do not guarantee any confidentiality with respect to any content you submit. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these Terms. You further agree that content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not endorse any content submitted to the Service by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we reserve the right to remove all content if properly notified that such content infringes on another’s intellectual property rights without prior notice.

Third Party Services

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, information, goods or services available on or through any such website or resource.

Geographic Scope

While this Website may be viewed internationally and may contain references to Services not available in all countries, you agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. We may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.

Communications

When you visit the Website, contact us through the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text message, or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.

Proprietary Information

The Service contains information, which is proprietary to us. We assert full copyright protection in the Service. Any information posted by us, or Users may be protected whether or not it is identified as proprietary to us or to the User. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

Copyright

All content included on the Service, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is our property and is protected by United States and international copyright laws, and is owned by Sumo Tackle, its licensors, or other providers of such material. The compilation of all content on this website is our exclusive property and is protected by U.S. and international copyright laws. In addition, the design, arrangement, and collection of intellectual property on the Website, including the look and feel of the Website, is the exclusive property of Sumo Tackle and protected by applicable copyright laws. All software used on this website is our property or licensed to us and is protected by United States and international copyright laws. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Service.

Trademarks

We own the following registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:  Sumo Tackle is a registered trademark. Additionally, the Sumo Tackle logo and all related names, logos, Product and service names, designs and slogans are trademarks of Sumo Tackle. The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin may not be used in connection with any business, Product, or service whose source is not ours, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits us, our Service.  All other trademarks, service marks, trade names, and logos not owned by us or its affiliates that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.  Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin displayed or contained in the Website. 

Limited License, Website Access, and Non-Commercial Use

We grant you a nonexclusive, nontransferable, revocable limited right and license to access and make personal use of the Service and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the Terms. You agree not to download (other than page caching) or modify the Service, or any portion of it.

This license does not include any rights of resale or commercial use of the Service or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form). You may not use any metatags or any other “hidden text” utilizing our name or trade names, trademarks, or service marks. Any unauthorized use terminates the permission or license granted by us.

Without limiting the foregoing, we grant you the following rights:

  • Your computer 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.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for 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.

Additionally, we strictly prohibit the following:

  • Modify copies of any materials from this Website.
  • Delete or alter any copyright, trademark, trade dress, or other proprietary rights notices from copies of materials from this Website.
  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website and the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Sumo Tackle. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Service Descriptions

We attempt to be as accurate as possible when describing our Service on the Website. However, we do not warrant that service descriptions or other content of this website is accurate, complete, reliable, current, or error-free.

Copyright Complaints

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT

Sumo Tackle respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sumo Tackle’s copyright agent with the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Sumo Tackle’s agent for notice of claims of copyright infringement on the Site can be reached at info@sumotackle.com. 

Disclaimer of Warranties and Limitation of Liability

The Website is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or Products included on the Website. You expressly agree that your use of the Website is at your sole risk.

Additionally, the information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. The inclusion of any Products or services on a Website at a particular time does not imply or warrant that these Products or services will be available at any time. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that Product information on the Website is complete, accurate and up to date, including the applicable colors; however, the actual color you see depends on your device set-up, and we cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out-of-date. For example, Products or services included on a Website may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on our Website. In the event of a pricing error or discrepancy on a Website with respect to Products or services, we reserve the right to cancel any orders (or partial orders) for such Products or services. We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To the fullest extent permissible by applicable law, WE disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. WE DO not warrant that the Website, its SERVICES, ITS servers, or e-mail sent from US are free of viruses or other harmful components. WE will not be liable for any damages of any kind arising from or relating to the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR USE OF THE SERVICE, IF ANY.

AS SET FORTH ABOVE, WE ARE NOT LIABLE FOR INFORMATION OR ANY USER INTERACTIONS, INCLUDING BUT NOT LIMITED TO, THE LEAK OR DISSEMINATION OF ANY PRIVATE INFORMATION OR CONFIDENTIAL FILES, USER RECORDINGS, ANY CONTENT SHARED THROUGH SCREEN SHARING TECHNOLOGY (OR THROUGH ANY OTHER MEANS), OR ANY HARM CAUSED BY THE RECEIPT, DELIVERY, OR USE OF INFORMATION OR MALICIOUS FILES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Indemnification

You agree to defend, indemnify and hold harmless Sumo Tackle, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, or your use of the Website, including, but not limited to, any use of the Website’s content, services and Products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Governing Law

This Service was developed in the United States of America in accordance with and shall be governed by the laws of the State of California, United States of America. By using the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms, and any dispute of any sort that might arise between you and us.

Additionally, we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Disputes

These Terms and all matters arising out of or otherwise relating to these Terms shall be governed by the laws in effect in the State of California, without regard to its conflict of law provisions.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Severability

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. We shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity. You may not assign, in whole or part, the Terms to any person or entity. This constitutes the entire agreement between you and us and governs your use of the Website and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

Contact Information

This Website is operated by Sumo Tackle, 3508 Seagate Way, Ste 140, Oceanside, California 92056 (our “Address”). .All notices of copyright infringement claims should be sent to us in writing at our Address. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@sumotackle.com.