GameChanger Terms of Use

1. SERVICES AGREEMENT
GameChanger Media, Inc. (“GameChanger,” “us”, “our”, or “we”) is a member of the DICK’S Sporting Goods, Inc. Family of Businesses (collectively, “DICK’S”). As proponents of youth sports, we aim to be the best place to experience youth sports moments through our proprietary organized sports services through our technology-enabled platforms, websites (e.g., https://gc.com/), mobile applications (i.e., “App”) and related online and offline services (collectively, the “Services”), which provide electronic content, functionality, features and applications (collectively, “Materials”) to our users (“Users” or “you”).

Please read our Terms of Use, Privacy Policy, and any other any other terms, policies, rules or guidelines that we post in connection with the Services (collectively, the “Terms”) before using the Services. By using the Services or registering an Account (described below), you represent and warrant that (i) you are of legal age to form a binding contract with us, (ii) meet any eligibility requirements herein, and (iii) agree to be bound and abide by our Terms. If you use the Services or register an Account on behalf of an Organization, “you” as used throughout the Terms also includes the Organization, and you represent and warrant that you can and do agree to these Terms on behalf of that Organization. As used herein, “Organization” means any national, state or local sports governing body, league, club, team, or other organization or entity including without limitation those who host and/or conduct tournaments or other events. If you have entered into a separate contract executed by an authorized representative of GameChanger or DICK’S, that contract will control to the extent it conflicts with the Terms.

‍PLEASE SEE SECTIONS 10-11 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, AND NOTE THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER. THESE PROVISIONS INCLUDE EACH PARTY'S WAIVER OF THE RIGHT TO A JURY TRIAL.

If you do not agree to the Terms, or if you violate them in any way, your right to access or use the Services is terminated. We reserve the right, in our sole discretion, to modify, alter or otherwise update our Terms from time-to-time in our discretion by posting an updated version through the Services, and by re-accepting the Terms or using the Services afterwards, you agree to such updates.

2. GAMECHANGER SERVICES, TEAMS AND USERS‍

2.1. Our Services
Our Services can be used for various purposes, including among other things to organize and manage a sports team (a “Team”), maintain a roster of athletes participating in sports activities (each, a “Player”) along with associated information about Players and Teams, such their performance at sporting events, games, activities or other events (the “Events”) and record media content. By using the Services, our Users can use available features and functionality such as (i) scorekeeping, (ii) live stream or replay Events; (iii) watch, modify or share video clips and other content; (iii) engage with other Users such as family, friends and fans; (iv) connect with each other through in-app messaging and alerts, forums or other provided features; and (v) other features and functionality that may be made available through the Services.

Users can post, publish, store, display, stream, modify, transmit and/or share with other Users or persons (collectively, “post”) information or data about specific Players (“Player Data”) as well as pictures, audio, video and other content including without limitation concerning Players, Teams and Events and any other User posted information or data (“Media Content”) (Player Data and Media Content are collectively referred to as “User Content”).

In the course of providing the Services, we also receive information about Users themselves, such as Account data and other Services-related information associated with a particular User as described below and in our Privacy Policy (“User Data”). Our Services may also use information we receive from our legal affiliates, or information and content received from third parties and licensed to us, such as sports, media, and any other businesses we partner with.

2.2. Our Users
Our Services are organized around a few types of Users:

“Registered User” refers to a User who provides certain information (name, email address and password) to create a GameChanger account (“Account”) and access certain password-protected portions of the Services, such as User Content restricted to Registered Users associated with a particular Team;
“Team Admin” is a Registered User who is an Organization, coach or other Team manager or designee with administrator access to manage one or more Team(s) and Team-related User Content; and
“Guest” refers to a User who accesses only portions of our Services that do not require any Account or other login (e.g., our public-facing website).

2.3. How We Handle Personal Information
Any personal information collected by us in regard to Users, Players and any other individual in connection with the Services (including both User Data and Player Data) will be maintained in accordance with these terms and our posted Privacy Policy. As a general matter, however, Team Admins are responsible for their Player Data.

3. Your Responsibilities ‍

3.1. All Users
You represent, warrant, covenant and agree with respect to any User Content posted by you or on your behalf through the Services that: (i) it does and will comply with the Terms and all applicable laws, including with respect to its access and use by other Users and GameChanger in accordance with the Terms and as enabled by the Services; (ii) you own all legal rights to the User Content or otherwise have the right to grant the rights and licenses set forth in the Terms; (iii) you will pay for all royalties, fees, and any other monies owed as a result of User Content you post using the Services; (iv) you are fully responsibility for the User Content, including its legality, reliability, accuracy and appropriateness; (v) we are not responsible or liable to any third party for the content or accuracy of your User Content; and (vi) it may be used, modified and disclosed by GameChanger or any person subject to these Terms.

With regard to any content you post through the Services, such as personal information, User Content or User Data, you represent, warrant and covenant to us that you have received any legally required consents from relevant individuals or entities, and will not stream or otherwise post anything associated with an individual or entity who has lawfully objected to such posting.
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If you post any User Content relating to a minor under the age of 13 (a “Minor”) including without limitation Player Data and video recordings (collectively, “Minor Data”), you represent, warrant and covenant that either (i) you are the parent or guardian of such Minor and consent to the use of such Minor Data by us and the Services consistent with the Terms, or (ii) you have obtained verifiable consent from a parent or guardian of such Minor accordingly, and will provide proof of such consent to us upon request. In the event the parent or guardian of a Minor withdraws consent, (y) you will cause the Team Admin to promptly remove the Minor Data from the Services, and/or (z) if they or the relevant Team Admin notifies us we will endeavor to remove the Minor Data from the Services. If we discover that Minor Data was posted to the Services without any legally-required consent, we will endeavor to remove the Minor Data from the Services.

You are solely responsible for your interaction with other Users, whether online or offline. You agree that we are not responsible or liable for the conduct of any User. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Users. You agree to exercise common sense, your best judgment, and respect when interacting with others, including without limitation when you submit or post User Content or User Data. We may remove any User Content or User Data for any reason in our sole discretion, which may include but is not limited to perceived violations of our Terms, applicable laws, or concerns about safety, security, privacy, intellectual property or maintaining a suitable environment for our Users.

We are not responsible for the activities of Team Admins or Organizations, or how they choose to use the Services. This includes their administration of Teams and Players (e.g., coaching decisions, team selections, Organization refund policies, Organization terms, etc.), or their collection and posting of Player Data. An Organization’s use of the Services does not constitute or imply our approval or endorsement of the Organization or their activities. Any questions and issues with a Team Admin’s or Organization’s Team policies and practices in connection with the Services should be directed to them.
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You are responsible for any costs associated with internet, communication, devices or other equipment you use in connection with the Services. Use of the Services may impact your cellular data usage or other data plan.

3.2. Registered Users
This paragraph applies if you are a Registered User. You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license, assign, or provide any other person or entity your Account, username, or any Account rights. With the exception of individuals that are expressly authorized to create accounts on behalf of their Organization, we prohibit the creation of and you agree that you will not create an Account for anyone other than yourself. All information you provide upon registering an Account, during a purchase and at all other times must be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth, accuracy, currency and completeness. You are responsible for keeping any password used with the Services confidential and secure, and may not share it with a third party service so they can access your Account. We may assume that anyone who logs into an Account with the correct credentials is the User associated with that Account in our records and will grant access to features, information and content accordingly. You may not use a different person’s Account without our express written permission.

3.3. Team Admins and Organizations
This paragraph applies if you are a Team Admin and/or Organization. You are responsible for any activities associated with the Team(s) that you manage, including without limitation, with respect to Player Data and other User Content. You must resolve any lawful (i) complaints, objections or legal claims, or (ii) exercise of privacy rights under applicable laws, in each case of (i) and (ii) that are communicated to you by Players, Users or third parties (or by us on their behalf) with respect to Player Data and User Content that you manage in connection with the Services.

3.4. Prohibited Activities
You agree that the Services will be used solely for the purposes and functions permitted under the Terms, and may not: (a) decompile, reverse engineer, disassemble, modify, reduce to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or retrieve or record information about the Services or its Users except as we expressly permit; (d) merge the Services or Materials with another program or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in violation of any applicable laws or regulations; (h) otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Services; (i) post violent, defamatory, libelous, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including without limitation any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, or intimidating people or entities; (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including without limitation, advertising or promotional material, without our prior written consent, including without limitation, any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (k) access or use the Services by means of any automated program, expert system, electronic agent or bot; (l) give any other person or entity unauthorized access to the Services; (m) engage, or enable another person or entity to engage, in any scraping, copying, republishing, licensing, or selling the data or information on the Services for commercial purposes; or (n) otherwise violate the rights of a third party. In response to any actual or suspected violations of the foregoing we may suspend or terminate your access to the Services, pursue legal action, and/or report the violation to law enforcement.

4. PaID SERVICES‍

4.1. Fees, Taxes and Subscriptions
If you elect to use fee-based portions of the Services, you may be pay a fee (“Fee”) on a subscription basis (“Subscription”) or a one-time purchase for certain access rights, posting privileges or other features of the Services, which may be subject to a specific limitation (e.g., quantity of Players, Teams or data) and/or timeframe (e.g., 1 year). All paid Services are offered on demand starting from the date of purchase (or as soon as the Fee is processed thereafter) for a specified timeframe. The timeframe for any purchased Services shall expire one (1) year from purchase unless another timeframe is specified. Any purchase of equipment will be subject to the terms provided at the time of purchase.

All amounts are in U.S. Dollars. You can manage your subscription renewals through the service you used to sign up (such as an app store), and you can access your payment history in your Account, through the service you used to sign up, or by contacting us. We may revise the Fees for our Services at any time, or impose additional fees or charges, in which case we will notify you by posting the change to our Services or by email. Fee changes will be effective as of the next billing cycle. If you opt-in to a Subscription or other Fee-based Services, you (i) agree to pay us the applicable Fees in accordance with these Terms, (ii) authorize us, through our payment processor, to charge you via your provided payment method for the Fees, and (iii) agree to such payment(s). All Fees are exclusive of any applicable taxes, duties, levies, tariffs, and other governmental charges for use of the Services (collectively, “Taxes”), other than taxes based on our income, and you are responsible for paying all Taxes.

Subscription Fees are automatically charged on a specified recurring basis (e.g., monthly). Unless you cancel or change your Subscription(s) in accordance with the Terms, your Subscription(s) will be automatically extended for successive renewal periods of the same duration as the Subscription(s) originally selected (e.g., annually), at the then-posted Fees. YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) FOR ANY SUBSCRIPTION YOU OPT INTO WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL WE RECEIVE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE CAN REASONABLY ACT. YOU CAN TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD THROUGH THE SERVICES OR BY CONTACTING US. This does not waive our right to seek payment directly from you.

You must provide current, complete, and accurate information for billing details, such as billing address, credit card number and credit card expiration date. You must promptly notify us if your payment method is canceled (e.g., for loss or theft) or if you become aware of a security issue.

4.2. Cancellations, Refunds and Returns
You may cancel a recurring subscription at any time by emailing help@gc.com, requesting such cancellation and providing the name and email address associated with your Account. Some cancellations may require you to contact the third party app store where you registered for the recurring subscription.

Once initiated by you, payment obligations are non-refundable. We do not issue refunds of any Fees for early cancellation or termination of the Services, or for any other reason. To the extent any return or refund is required by law for Fees paid, it will be provided in credits for paid portions of the Services unless we are legally required to issue a refund or otherwise choose to do so in our sole discretion. If you have a question or issue with the charges applicable to your Account, please contact us immediately. You agree to notify us of any Fee dispute within thirty (30) days of it being due, and must cooperate with us in good faith to promptly resolve any such dispute. If the charges were made in error, we will credit your Account or payment method for the appropriate amount. You agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.

5. Ownership, Rights And Obligations

5.1. Your License Grant to GameChanger
You hereby grant GameChanger with its affiliates a non-exclusive, perpetual, fully paid and royalty-free, transferable, sub-licensable (through one or multiple tiers), non-terminable, irrevocable, worldwide license and right to use, reproduce, perform, display, distribute, create derivative works and disclose to third parties any (i) User Content that you post through the Services or otherwise provide to us, (ii) User Content posted by others about you or any Player for whom you are a parent or guardian, and (iii) any feedback, recommendations, ideas, suggestions, or other similar materials you choose to send to us. It is in our sole discretion to share, reproduce, publish, or post any such User Content (including Player Data). In some instances, the Services will provide Users or Team Admins certain controls to determine the extent to which other Users may access or use User Content, but except as provided in our Privacy Policy, User Content will be considered non-confidential and non-proprietary.

This license includes our use and disclosure of User Content for advertising, promoting, marketing, publicity, any lawful purposes, or any other purposes, including without limitation, to send marketing communications, for benchmarking, analysis and research, to promote our brand, Teams and Players in any and all media formats and channels including without limitation, third party websites, feeds, public forums and social media platforms, to businesses, organizations and sports-related agents, and for any other purposes as we may determine in our discretion without any further obligation to you or the Player.

5.2. Our License Grant to Users
GameChanger with its affiliates and licensors own all right, title and interest in the Services, Materials and User Data. Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes. We reserve the right to decline or deny the Services to anyone for any reason and at any time in our discretion. This license grant is for personal noncommercial use and, to the extent you are an Organization, for the benefit of your members.

The Services contain Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Services. Except as provided herein or otherwise made directly available to you through features and functionality we provide in the Services, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without prior written permission from us or the third party owner, as applicable. Unauthorized use of any Materials provided by the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Except as expressly provided herein, we and our third party licensors reserve all rights with respect to the Services and Materials. We may pursue legal action under applicable laws and/or report to law enforcement for any violations, any we may terminate the account of any user believed to violate the Terms. We may also disable any social media features and any links at any time without notice in our sole discretion.
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Trademarks and service marks that may be referred to in the Services are our property or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or content without our written permission. You are not authorized to use our company and brand names and logos (including without limitation GameChanger, GC) without express written permission, except to the extent otherwise permitted by law.

5.3. Our Services and Materials
We may update our Services and Materials from time to time, but they will not necessarily be complete or up-to-date. The Services may be supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions through the Services or on, about, or in conjunction with User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice. You acknowledge that we may not always identify promoted services or content, or commercial communications as such. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted or unavailable, including without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content, data, or information from the Services for any reason, without prior notice. User Data and User Content removed from the Services may continue to be stored by us, including without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.

5.4. Linking to the Services
You may link to our Services, 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 that violates the Terms or suggests any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services 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 must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking). We may disable any social media features and any links at any time without notice in our sole discretion.

6. Third Party Links and Tools in the Services
Although we generally control the Services, certain hyperlinks or provided tools within the Services may be associated with third-party services or features. We include these third-party links and tools solely as a convenience to you. The presence of a link or a tool does not imply an endorsement of the linked site or tool, its operator, or its contents, or that we are in any way affiliated with the linked site or tool. The Services do not incorporate any materials appearing in such linked sites or tools by reference. We reserve the right to terminate a link or tool to a third party website or services at any time. The third party websites or services are not controlled by us, and may have different terms of use and privacy policies, which we encourage you to review.

7. Beta Testing
From time to time, we may make certain Services and Materials available to select Users through “beta testing” (each beta testing feature, a “Beta Feature”). Beta Features are not publicly available and are offered solely for testing and evaluation purposes.

Your participation in beta testing or otherwise accessing Beta Features is subject to this Section and the Terms, and you further acknowledge and agree: (a) Beta Features may not operate as expected and/or perform at the level of our commercially available Service; and (b) any and all information related to a Beta Feature, including your use of a Beta Feature and your feedback, is confidential information that must be maintained in strict confidence and must not be shared with any other person. In the event of any unauthorized use or disclosure of any confidential information, you must immediately provide us with written notice of such unauthorized use or disclosure and fully cooperate with us to regain control of, and to prevent further unauthorized use or disclosure of, the confidential information.

8. Reporting Copyright Infringement And Other Violations
We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or our Terms. Please report any infringement issues or concerns to us via the contact information provided at the end of these Terms (such as regarding trademarks). However, specifically for copyright infringement issues, please use the following instructions to notify us that your copyrighted material may have been infringed.

Pursuant to 17 U.S.C. 512(c)(2), written notification must be submitted in writing to the Designated Agent as follows:

Attn: Legal Department - Copyright Agent
Subject: Notification of Claimed Infringement re GameChanger
By mail to: DICK’S Sporting Goods, Inc., 345 Court Street, Coraopolis, PA 15108
Or via email to: copyrightagent@dcsg.com

To be effective, the notification of copyright infringement must include the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9. Services Controlled From United States
Our Services are controlled from the United States. We make no representation that content or materials in the Services are appropriate or available for use in other jurisdictions. Access to any of the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Services from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.

10. Disclaimer Of Warranties; Limitation Of Liability

10.1. Disclaimer
Our Services are not guaranteed to preserve all user content or information, and WE ARE NOT A BACKUP SERVICE, so you agree that you will not rely on the Services for the purposes of storing the sole copy of any User Content that is important to you. Except as otherwise set out in our Privacy Policy, we have no obligation to retain or provide you with copies of User Content. We will not be liable to you or any third-party for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.

YOUR USE OF THE SERVICES, MATERIALS AND USER CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL USER CONTENT AND MATERIALS THEREIN ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

WE DO NOT ENDORSE, APPROVE OR VERIFY ANY POSTED USER CONTENT ON THE SERVICES AND WE SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY USER CONTENT POSTED ON THE SERVICES (INCLUDING WITHOUT LIMITATION CLAIMS OF INFRINGEMENT RELATING TO USER CONTENT POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. We reserve all rights, defenses and permissible limitations under the law of your state of residence.

10.2. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GAMECHANGER AND ITS AFFILIATES AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GAMECHANGER OR ANY OF ITS AFFILIATES AND/OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

10.3. Your Indemnification Obligations
You shall indemnify, defend and hold harmless GameChanger and its affiliates, with their past and present directors, affiliates, partners, officers, employees and agents (collectively, “Indemnitees”) from and against all liabilities, damages and expenses, claims for damages, suits, proceedings, recoveries, judgments or executions (including without limitation litigation costs, expenses, and reasonable attorneys’ fees) which may be suffered by, accrued against, charged to or recoverable from Indemnitees by reason of or in connection with your use of the Services or User Content, violation of the Terms, or breach of applicable laws, rules, regulations or statutes in connection with use of the Services or User Content.

11. Governing Law; Dispute Resolution; Arbitration And Class Action Waiver

11.1. Governing Law
THE LAWS OF THE STATE OF PENNSYLVANIA WILL GOVERN ANY DISPUTE RELATING TO THE TERMS OR SERVICES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN PITTSBURGH, PENNSYLVANIA IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THE TERMS OR SERVICES, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.

11.2. Dispute Resolution
We are available by email at LegalDepartment@dcsg.com to address any legal concerns you may have regarding the Terms or the Services. Most such concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter or dispute relating in any way to the Terms or the Services which is not so resolved shall be submitted to binding confidential arbitration as provided herein.

Notwithstanding the binding arbitration herein, either party to a dispute may litigate in court as provided herein to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator, and to the extent that you violate or threaten to violate our intellectual property or confidentiality rights, we may seek non-monetary injunctive or other equitable relief relating thereto.

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

11.3. Arbitration
If the parties don’t reach an agreed-upon resolution as provided in the section above, you and we each agree that any dispute, claim or controversy arising out of or relating to the Terms or the Services, or the breach, enforcement, interpretation or validity thereof, shall be determined by binding arbitration before one arbitrator. The arbitrator will be mutually selected by the parties in dispute. The arbitrator must be a retired federal or state judge who worked as a judge in the state where the arbitration will take place, and must also be experienced with the subject matter of the arbitration. If, after sixty (60) days of good faith meet and confer efforts, the parties are unable to agree on an arbitrator, either party may petition a court with proper jurisdiction to appoint an arbitrator: (a) pursuant to a process whereby the court provides the parties with a panel of five potential arbitrators meeting the requirements herein for an arbitrator, each party strikes one arbitrator, and the court appoints the arbitrator from the remaining arbitrators on the panel based on the arbitrator’s qualifications and expertise, and the requirements herein; or (b) pursuant to the arbitrator selection process provided in the JAMS Streamlined Arbitration Rules and Procedures. For purposes of this Section, good faith meet and confer efforts require that each party propose at least three arbitrators who meet the qualifications described herein. The selected or appointed arbitrator must hear the matter on consecutive business days without interruption, except in the event of a bifurcation or agreement of the parties. The arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. We strive to offer a fundamentally-fair arbitration hearing process. For small claims (i.e., up to $10,000), in addition to your right to bring small claims court actions as noted below, we believe this can often be satisfied when hearings are conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face to face meeting is necessary for a fundamentally fair hearing. Notwithstanding our right to modify the Terms, any such modification to the dispute and/or arbitration requirements in this Section shall not apply to claims arising prior to the date of such modification and any such changes shall not affect your prior election to opt out of arbitration as provided below. In connection with these arbitration provisions, the parties agree as follows: (1) This arbitration agreement is reciprocally binding on all parties such that both you and we are required to arbitrate claims except as expressly provided herein; (2) Remedies that would otherwise be available to the parties under applicable federal, state or local laws, including without limitation the recovery of attorney’s fees, remain available under this arbitration clause; (3) The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator; (4) You have a right to an in-person hearing in your hometown area within the United States; (5) You have the right to use counsel of your choosing at your own expense if you so elect to use counsel, and to recover attorneys’ fees and expenses of arbitration to the extent provided by law; (6) The parties are permitted the discovery or exchange of non-privileged information relevant to the dispute in accordance with JAMS Streamlined Arbitration Rules and Procedures; and (7) The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

11.4. Arbitration Filing Fees
If you initiate the arbitration, to the extent the filing fee for the arbitration exceeds the lesser of $250 or the cost of filing a lawsuit, we will pay the additional cost. All other costs of the arbitration will be borne by us. You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorney’s fees. You will not be required to pay any fees or costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration-related fees and/or costs. If we are the claiming party initiating an arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).

11.5. Waiver of Certain Rights from Court
The parties understand that, absent this mandatory provision, they would have the right to sue in court. Court proceedings generally provide greater discovery rights, a judge or jury trial, and could provide greater opportunity for appellate review. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation.

11.6. Class Action Waiver
THE PARTIES AGREE THAT ANY ARBITRATION (OR LITIGATION, WHERE PERMITTED HEREUNDER) SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU ACKNOWLEDGE THAT BY ENTERING INTO THE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT THIS AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT TO ARBITRATE AND CAN NOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE DISPUTES.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER 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 ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

11.7. Exception for Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions.

11.8. 30-Day Right to Opt-Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of your decision to opt-out to the following address via certified mail: DICK’S Sporting Goods, Inc., 345 Court Street, Coraopolis, PA 15108, Attention: Legal Department - GameChanger. The notice must be sent within thirty (30) days after any material change to the arbitration provisions of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

12. General Provisions

12.1. Open Source Components
Notwithstanding the license grants herein, you acknowledge that certain components of the Services may contain third party software available under so-called “open source” software licenses (each, an “Open Source Component”). Strictly to the extent required by a license covering an Open Source Component, (i) the terms of such license will apply to that Open Source Component in lieu of the Terms, (ii) any restrictions in the Terms that conflict with such license will not apply to that Open Source Component, and (iii) any requirement to offer source code or related information for such Open Source Component is hereby made and can be fulfilled by contacting us at help@gc.com.

12.2. App Stores
If you download our App from a third party app store platform such as Apple App Store, Google Play (“App Store”), your access and use of the App will also be subject to that App Store’s terms (“App Store Terms”). Please review your App Store Terms for additional relevant terms and conditions that may apply. We do not control your applicable App Store Terms, including their privacy policy and practices. App Stores have no obligation or responsibility for the operation, maintenance, use or support of the Services, except as otherwise provided in the App Store Terms. All claims related to the Services must be submitted to us as provided herein.

12.3. No Waiver
No waiver by us of any provision or any breach of the Terms constitutes a waiver of any other provision or breach of the Terms and no waiver shall be effective unless made in writing. Our right to require strict performance and observance of any obligations in the Terms shall not be affected in any way by any previous waiver, forbearance or course of dealing. You may not sell, assign, license, sub-license, or otherwise convey in whole or in part to any third party the Services or Terms provided hereunder without our prior written consent.

12.4. Entire Agreement; Conflicts; Severability; No Other Relationship
You acknowledge that you have read and understood and agree to be bound by the Terms (which includes these Terms of Use along with the Privacy Policy and any other any other terms, policies, rules or guidelines that we post in connection with the Services), which shall constitute the complete and exclusive statement of the agreement between you and us, and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms of Use. To the extent there is any conflict between the Terms of Use, the Privacy Policy and any other applicable terms; the Privacy Policy shall govern, followed by these Terms of Use, followed by the other applicable terms. If any provision of the Terms is found unenforceable, it shall not affect the validity of the remainder of the Terms, which shall remain valid and enforceable according to their terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services.

13. Contacting Us

If you have any questions, concerns or comments about our Terms or the Services, please email us at help@gc.com or click here to contact our support team. These Terms were last updated October 2, 2023.

GameChanger Terms of Use

Terms of Use

Updated and Posted November 8, 2022; Effective as of December 9, 2022

‍Welcome and thank you for visiting this site, which is owned and operated by Dick's Sporting Goods, Inc. and its Family of Businesses (collectively, "DICK'S", "Us" “our” or "We"). These Terms of Use (these "Terms") are provided by DICK'S and are applicable to all DICK'S digital operations at or through our websites, our mobile/tablet sites, our social media presence, our Scorecard program, our applications, our Dick’s Text Alerts Program and our stores/locations (individually a “Site” and collectively, the “Sites” ). The Sites are the property of DICK'S, and We provide these Terms subject to the following conditions. Visitors to our Sites are sometimes referred to in these Terms as “you” or “your” and you and we together are sometimes referred to as the “parties”.
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PLEASE READ THESE TERMS CAREFULLY BEFORE USING A SITE. YOUR ACCESS AND/OR USE OF A SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS A SITE.

NOTICE REGARDING DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND DICK'S (OR ANY MEMBER OF THE FAMILY OF BUSINESSES) HAVE AGAINST EACH OTHER RELATING TO THE SITES ARE RESOLVED (SEE SECTION 22 ON "ARBITRATION" BELOW), INCLUDING OBLIGATIONS TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 22, "ARBITRATION" BELOW. THESE PROVISIONS INCLUDE EACH PARTY'S WAIVER OF THE RIGHT TO A JURY TRIAL. THE ARBITRATION SECTION (SECTION 22) WAS MOST RECENTLY UPDATED ON JULY 5, 2022.
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Table of Contents
1. Effective Date/Revisions to these Terms
2. Additional Terms
3. Privacy
4. Use of the Sites and License
5. Restrictions on Use of the Sites
6. Account
7. Content, Pricing and Accuracy
8. DICK’S Text Programs
9. Applicable Law
10. Shipping Limitations
11. Confirmation, Cancellation and Coupons
12. Intellectual Property
13. User Content Posted by You
14. User Content Posted by Others
15. Third Party Links
16. Disclaimers
17. Limitations of Liability
18. Indemnity
19. Copyrights
20. Counter-Notice
21. Disputes, Choice of Law, and Jurisdiction
22. Arbitration
23. Admissibility
24. Waiver and Severability
25. Entire Agreement
26. Termination
27. Additional Assistance

1. Effective Date/Revisions to these Terms. These Terms are effective as of the date set forth above. DICK'S may revise these Terms at any time and from time to time. We will notify you of changes to these Terms by posting the amended terms on the Sites at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of any material changes to these Terms that adversely affect your rights by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to any revisions to these Terms, you should stop using the Sites, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at 1-877-846-9997, and you will not be bound by the new terms. Otherwise, the new terms will take effect thirty (30) days after our posting of the change or upon the effective date if it is more than thirty (30) days after posting. Our employees do not have the right to modify these Terms orally or otherwise. If any employee of ours offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for us or speaking on our behalf.

2. Additional Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of a Site (the "Additional Terms"), including contests, sweepstakes, promotions, or other similar features and the terms of our mobile application, Scorecard and our team sports or event Sites. Your use of such pages or download or use of our mobile application, registration for a Scorecard account, use of our team sports or event Sites or creation of an account for one of our team sports or event Sites we host on behalf of a national, state or local sports governing body, league, club, team or other organization (each, an “Organization”) confirms your unconditional acceptance of the Additional Terms. If these Terms conflict with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of a Site; however the arbitration provisions in Section 22 of these Terms shall apply to the Additional Terms. Use of our mobile applications and our team sports or event Sites (such as GameChanger) are also subject to the terms of the separate license agreements for such Sites as found on such Sites and may be subject to separate terms entered into by the applicable Organization, which are in addition to these Terms.

3. Privacy. Our Privacy Policy applies to your access and use of the Sites, including any personal information provided via the Sites or via any other aspect of the Sites. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms and in the event of conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail. The Sites are not intended for residents of or visitors from or located in countries that are subject to the General Data Protection Regulation (“GDPR”).

4. Use of the Sites and License. The Sites are general purpose sites and are not targeted towards children under the age of thirteen (13). By accessing or using the Sites, including by registering an account on a Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence) and are not a resident of or located in the European Economic Area or any other country subject to the GDPR. If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Sites only with the involvement of a parent or guardian. Subject to your compliance with these Terms, We grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use.

5. Restrictions on Use of the Sites. You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not:

a. Gain access, or attempt to gain access, to any portion of a Site, or any systems or networks connected to a Site, by hacking, password mining or any other illegitimate or unlawful means;

b. Create or maintain any link from another website to any page on a Site without DICK'S prior written permission;

c. Run or display a Site (or any material on a Site) in frames or through similar means on another site, application or location, without DICK'S prior written permission;

d. Modify the information or materials located on a Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;

e. Use any deep-link, page-scrape, robot, spider, website search application or other automatic device, program or methodology, or any similar or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce or index a Site, or any portion of a Site;

f. Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts;

g. Create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of a Site, or otherwise interfere with users' enjoyment of a Site;

h. Transmit or upload to a Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of a Site or adversely affect a user;

i. Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on a Site or the IT infrastructure used to operate a Site;

j. Submit or post to a Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use a Site to transfer, communicate or store illegal material;

k. Scan or test the vulnerability of a Site or any network connected to a Site;

l. Access or use a Site or any User Content (as defined below) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries); or

m. Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.

6. Account. You may be required to create an account to access or use certain areas of a Site or you may elect to create an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify Us immediately of any unauthorized access or use of your account or password, or any other breach of security.
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We reserve the right, including if We become aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18)(or age of majority if higher in your place of residence), you may not have an account and you may use the Sites only with the involvement of a parent or guardian.

Should We determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, We reserve the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of account holders, and other DICK’S systems from further damage or exposure. This may include proactively changing your password. Should this need arise, We will make reasonable efforts to inform you of any modifications made, via the email address listed for your account.

7. Content, Pricing and Accuracy. All features, content, availability, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on a Site 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 information on the Sites 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 Sites may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Sites. For example, products or services included on a Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on a Site with respect to products or services, We reserve the right to cancel any orders (or partial orders) for such products or services.

8. DICK’S Text Programs. DICK’S operates marketing and transactional text message programs (each a “Text Program” and together “Text Programs”), which are further described below in detail. The following terms apply to all of the Text Programs:

- By opting-in to any of the Text Programs, you consent to being sent periodic autodialed and/or non-autodialed text messages in relation to that Text Program at the telephone number that you provided at the time of joining that Text Program.

- By completing the opt-in process for any Text Program, you are confirming that the telephone number that you provided at the time of opting-in to the Text Program is your mobile number and that you have the authority to grant DICK’S the right to send text messages to that mobile number.

- Joining any of the Text Programs is not a condition of making a purchase.

- If you change or deactivate your mobile number, you must notify Us of this change at 1-877-846-9997.

- For more information, text HELP for help or contact Us at 1-877-846-9997.

- While all of the Text Programs are free, message and data rates may apply. You should check with your wireless carrier if you have questions about your plan and its coverage.

- The mobile carriers are not liable for delayed or undelivered messages.

- DICK’S is not liable for TCPA or other violations caused by a carrier network failure or malfunction.

- All of the Text Programs and participation in any Text Program is governed by DICK’S Terms of Use and Privacy Policy.

- After joining any Text Program, if you no longer wish to be a part of that Text Program, reply “STOP” to the applicable Text Program from which you want to opt-out. After texting “STOP”, you will receive one additional text message confirming that your request has been processed. Please note that if you opt-out of one of the Text Programs, you will not be opted-out of any of the other Text Programs to which you belong. You will need to opt-out of each Text Program separately. Texting “STOP” is the recommended method for opting out to assure prompt removal. If you choose to request an opt-out by other means it may result in delays in complying with your request.

- DICK’S may change the Text Program terms or end the Text Programs at any time.

Additional details specific to each of the Text Programs and how to join are set forth below.

A. Marketing Text Programs. DICK’S operates marketing text programs, such as DICK’S Text Alerts, Going, Going Gone Text Alerts and any additional marketing text program(s) added after the date of these DICK’S Terms of Use. After joining any of DICK’S marketing text programs, you may receive text messages regarding special offers, new products, in-store events, shopping cart reminders and other marketing communications related to the applicable program that you joined.

B. DICK’S Order Alerts and Golf Galaxy Order Alerts Programs. DICK’S also offers text message order updates in relation to online orders (“Order Alerts”) through its separately operated Order Alerts programs: DICK’S Order Alerts and Golf Galaxy Order Alerts, and any additional order alerts program launched after the effective date of these Terms of Use. Additional details about Order Alerts program(s) relating to online orders:

i. Types of Text Messages That Will Be Sent as Part of the Order Alerts Programs. Order Alerts include but are not limited to, text messages regarding: a. Order Confirmation (may or may not be available by text so please also check your email);

b. Your pickup order (which may include, but are not limited to: the status of your pickup order, texts advising you that your order is ready for pickup, reminders about your pickup order, texts giving you options to extend time to pick up orders, etc.);

c. Shipping status of your order;

d. Partial or full order cancellations, or notification regarding other problems with fulfilling your order, in some instances (please note that you may not always receive Order Alerts regarding partial or full order cancellations and you should review emails to get full details regarding order cancellations); and,

e. Opportunities to complete surveys about your order.

The number of Order Alerts that you will receive and how often you receive them will vary depending on circumstances surrounding each particular order. Message frequency may change at any time.

ii. Types of Text Messages That Will Not Be Sent as Part of the Order Alerts Programs. If you’ve only Opted-In to receive Order Alerts, you will not receive marketing text messages. DICK’s separately operates the DICK’S Text Alerts program for marketing texts. For details regarding how to opt-in to DICK’S Text Alerts to receive marketing text messages, please see the DICK’S Terms of Use.

iii. Message Availability. Order Alerts may not always be available and DICK’S reserves the right to discontinue either Order Alerts programs at any time. Availability may also vary by type of order placed (pickup, ship to home, etc.)

9. Applicable Law. By registering for an account or placing an order, you represent that the products or services ordered will be used only in a lawful manner and as intended by such manufacturer. The Sites are not intended to subject DICK'S to the laws or jurisdiction of any state, country or territory other than that of the United States, and We do not represent or warrant that the Sites or any part thereof is appropriate or available for use in any jurisdiction besides the United States. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and/or sale of any product or service purchased via a Site.

10. Shipping Charges and Limitations. When a product order is placed for delivery, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Site. All deliveries of product purchases from a Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from a Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs. Some items ordered from a Site may be available for pick up in a store of your choice. If an item is available for pick up, you will be presented with the option to do so when selecting your item for purchase. After placing your order, we will send you an email or text message (if elected) with your estimated pick up time. Please consult your order time confirmation email or text for your specific estimated pick up time. All pick up times are estimates. While we strive to meet specified pick up times as quoted, DICK’S does not make any guarantee that your order will be available at any specific time. DICK’S will not have any liability for any order delays.

11. Confirmation, Cancellation and Coupons. While it is our practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any product or service and/or to refuse service or fulfillment of any order or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.
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For clarification, orders may be limited or cancelled at any time including after receipt of a confirmation or shipping email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order.

For products purchased from our Sites using a credit card, an authorization may be placed on your credit card when you place an order. You will be charged for an item (and your purchase of such item will be complete) when the item in your order is shipped or picked up in the store, as applicable. Certain custom items may be charged when the order is placed. Partial shipment or partial cancellation of orders may occur.
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For products purchased from our Sites using a gift card, the full amount of the purchase price will be applied to your gift card when you place the order. However your purchase of such item is not complete until the item in your order is shipped or picked up in the store, as applicable. Partial shipment or partial cancellation of orders may occur. If an order for an item purchased with a gift card is cancelled, the amount applicable to the cancelled item will be restored to your gift card or you will be issued a new gift card for such amount.

Taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped. A minor post-charge adjustment may be made to your credit card account to ensure that we collect the correct amount of actual taxes.

12. Intellectual Property. All text, graphics, information, images, content, video, data, music, code, software, trademarks, trade names, service marks, logos, fonts, custom colors, and other material displayed on, available via, or that can be downloaded from a Site, excluding User Content (collectively, the "DICK'S IP"), are either the property of, or used with permission by, DICK'S or our service providers and licensors, and are protected by copyright, trade dress, trademark and other laws. Additionally, the design, arrangement, and collection of the DICK'S IP on the Sites, including the look and feel of the Sites (the "Look and Feel"), is the exclusive property of DICK'S and protected by applicable copyright laws. We expressly reserve all intellectual property rights in all DICK'S IP and the Look and Feel. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any DICK'S IP or the Look and Feel without the express written permission of Us or such third party owner.

13. User Content Posted by You. As a user of a Site, you may provide and/or post content, including reviews, comments, suggestions, profile information, photographs, videos, messages, communications and/or other materials and in addition, if you participate on one of our team sports or event Sites you (or the Organization) may provide and/or post information (including but not limited to information such as eligibility, roster, scheduling, performance, scoring, photos, audio and/or videos) (collectively, "User Content") and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.
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User Content is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. DICK'S assumes no responsibility for any User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We shall have no obligations to use, return, review, remove, or respond to any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms and reserve the right to terminate your access.
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Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of users and/or devices using or accessing the Sites. We are not responsible for claims resulting from our cooperation with law enforcement or court orders however the foregoing does not waive our liability, if any, for (i) claims for personal injury or death caused by our negligent acts or (ii) damages arising from our intentional, willful or reckless misconduct.
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You are solely responsible for any User Content you post, publish or display on a Site or transmit to others. You will post only User Content you believe in good faith to be true and accurate, and you will not post to a Site any User Content that is false, inaccurate, misleading or fraudulent. You are prohibited from posting or transmitting any content that:

a. Is deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane;

b. Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law;

c. Violates the rights of a third party;

d. Is offensive to users of the Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or

e. Harasses or advocates harassment of another person or entity; or

f. Reports your use of, or directs other users to maintain or use products any manner which is contrary to that stipulated or provided by the manufacturer or DICK’S.

By uploading User Content to a Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:

(i) DICK'S and our service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid-up, worldwide license and right to use, copy, revise, publicly perform, digitally perform, publicly display and distribute such User Content, and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution; and

(ii) All users of the Sites an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user's personal, non-commercial use, subject to the restrictions set forth in these Terms.

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You understand and acknowledge that We may: (a) be working on the same or similar idea to any ideas, expression of ideas or other materials you submit within your User Content (each, an "Idea"); (b) already know of such Idea from other sources; and/or (c) wish to develop such Idea or a similar idea on our own.

14. User Content Posted by Others. If you participate on one of our team sports or event Sites the Organization may provide and/or post information (including but not limited to eligibility, roster, scheduling, performance and/or scoring information) and you consent to such posting. In addition, other third parties may post information on our Sites. You acknowledge and agree that We have limited control over the User Content posted to the Sites, or any links to other sites, including the content of any messages or posts and manner of posting, and that We do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent our views. We are not obligated to review or remove User Content and you understand that, by using a Site, you may be exposed to User Content that is offensive, indecent or objectionable.

15. Third Party Links. From time to time, a Site or Service may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by DICK'S. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by DICK'S. If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.
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IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
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16. Disclaimers. We do not and cannot warrant that any Site (including any element of a Site) or its servers will be error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.
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YOUR USE OF A SITE (INCLUDING ANY ELEMENT OF A SITE) AND OF ANY USER CONTENT, IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER DICK'S, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT-OF-DATE, AND NEITHER DICK'S NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DICK'S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DICK'S HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). INFORMATION ABOUT CONTENT, QUALITY, PERFORMANCE OR FEATURES OF THIRD-PARTY PRODUCTS IS PROVIDED BY THE MANUFACTURER/SUPPLIER, NOT DICK’S SPORTING GOODS AND DICK’S SPORTING GOODS MAKES NO WARRANTIES WITH RESPECT TO SUCH INFORMATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
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We do not represent or warrant that the health, nutrition, ingredient, allergen or other product information on the Sites is accurate or complete since this information is provided by the product manufacturer or supplier. We recommend that you do not rely solely on the information presented on our Sites and that you consult each product's label or contact the manufacturer directly if you have a specific question or dietary concern.
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THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
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17. Limitations of Liability. We do not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of a Site, linking to a third party site, or your downloading of any materials or information from a Site and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.
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IN NO EVENT WILL DICK'S OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF A SITE, ANY SITES LINKED TO A SITE, OR THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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IN THE EVENT OF ANY PROBLEM WITH THE SITES, OR ANY MATERIAL OR CONTENT ON THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND DICK'S. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH A SITE, SUBJECT TO THE EXCLUSIONS BELOW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.

‍THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES WHERE MANDATED BY STATUTE.

18. Indemnity. You agree to defend, indemnify and hold DICK'S and its respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorneys' fees and court costs, arising from any claim, cause of action, suit or demand of any third party due to, arising out of or relating to your breach of these Terms.

19. Reporting a Violation of Rights, including Copyrights. If you believe any User Content or any other aspect of a Site infringes your copyright, you should send written notice of the alleged copyright infringement to our designated copyright agent at this address:
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Copyright Agent
Dick's Sporting Goods, Inc.
345 Court Street
Coraopolis, PA 15108
or by email at copyrightagent@dcsg.com
‍Such notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:
a. A description of the copyrighted work that you claim has been infringed;
b. A description of where the allegedly infringing material is located on the Site(s);
c. Your name, address, telephone number and email address;
d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
e. A statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate, and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
f. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Additional Rights Pertaining to GameChanger and GameChanger Classic Application Users

Please note that, as described in our Privacy Policy with respect to team sports or events (Section I.G), we do not control the manner in which Organizations input, use, display or share information or User Content posted or stored on Sites we provide for team sports such as GameChanger and GameChanger Classic. You may consult the privacy policy of such Organizations or contact them directly for more information about how they use the Sites for any team sports in which you participate (on behalf of yourself or a player with whom you are associated), or to exercise any applicable legal rights with respect to that information or User Content. Note also that your use of those Sites is subject to the License Agreement found on the applicable Site.

However, you can always report copyright infringement claims to us as provided above, and report any other issue to us via the contact information posted at the end of these terms.

20. Counter-Notice. If you believe that your User Content was removed or disabled but is not infringing; or that you have the authorization from the copyright owner, the copyright owner's agent or pursuant to the law, to post and use the content in your User Content; you may send a counter-notice to the Copyright Agent containing the following information:

a. Your physical or electronic signature;

b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

c. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

d. Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Pittsburgh, PA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

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If a counter-notice is received, DICK'S may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at DICK'S sole discretion.

21. Disputes, Choice of Law, and Jurisdiction.

(a) Initial Dispute Resolution. We are available by email at LegalDepartment@dcsg.com to address any concerns you may have regarding your use of the Sites. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter and/or dispute relating in any way to your visit to or interaction with a Site, including compliance with these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided in Section 22 (herein).

(b) Choice of Law and Courts for Non-Arbitrated Disputes. Unless expressly addressed in the Additional Terms, these Terms supersede any other agreement between you and DICK'S to the extent necessary to resolve any inconsistency or ambiguity between them. The Sites are administered by DICK'S from its offices in Pennsylvania. Notwithstanding the arbitration provisions in Section 22, to the extent you have in any manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in the state courts of the Commonwealth of Pennsylvania or the United States District Court for the Western District of Pennsylvania, and you consent to exclusive personal jurisdiction and venue in such courts.

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

‍22. Arbitration.

(a) If the parties don’t reach an agreed upon solution pursuant to the dispute-resolution contemplated in Section 21(a) of these Terms, you and DICK’s each agree that any dispute, claim or controversy arising out of or relating to our products or services or the Sites (including, without limitation, DICK'S digital operations at or through our websites, our mobile/tablet sites, our social media presence, our Scorecard program, our applications, and our stores/locations for each member of our Family of Businesses), or these Terms or the breach, enforcement, interpretation or validity thereof, shall be determined by binding arbitration before one arbitrator. The arbitrator will be mutually selected by the Parties. The arbitrator must be a retired federal or state judge who worked as a judge in the state where the arbitration will take place, and must also be experienced with the subject matter of the arbitration. If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition a court with proper jurisdiction to appoint an arbitrator: (a) pursuant to a process whereby the court provides the Parties with a panel of five potential arbitrators meeting the requirements herein for an arbitrator, each Party strikes one arbitrator, and the court appoints the arbitrator from the remaining arbitrators on the panel based on the arbitrator’s qualifications and expertise, and the requirements of this Agreement; or (b) pursuant to the arbitrator selection process provided in the JAMS Streamlined Arbitration Rules and Procedures. For purposes of this Section, good faith meet and confer efforts require that each party propose at least three arbitrators who meet the qualifications described in this Agreement. The selected or appointed arbitrator must hear the matter on consecutive business days without interruption, except in the event of a bifurcation or agreement of the Parties. The arbitration shall be administered pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. We strive to offer a fundamentally-fair arbitration hearing process. For small claims (i.e., up to $10,000), in addition to your right to bring small claims court actions as noted below, We believe this can often be satisfied when hearings are conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face to face meeting is necessary for a fundamentally fair hearing. Notwithstanding DICK’S right to modify these Terms, DICK’S agrees that it will post any changes to these terms at least thirty (30) days in advance of its effective date. Further, any such modification to the dispute and/or arbitration requirements in Section 21 or to this Section 22 shall not apply to claims arising prior to the date of such modification and any such changes shall not affect your prior election to opt out of arbitration as provided below. In connection with these arbitration provisions, the parties agree as follows:

1. This arbitration agreement is reciprocally binding on all parties such that both you and We are required to arbitrate claims;
2. Remedies that would otherwise be available to the parties under applicable federal, state or local laws, including the recovery of attorney’s fees, remain available under this arbitration clause;
3. The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator;
4. You have a right to an in-person hearing in your hometown area within the United States;
5. You have the right to the use of counsel of your choosing at your own expense if you so elect to use counsel, and to recover attorneys’ fees and expenses of arbitration to the extent provided by law;
6. The parties are permitted the discovery or exchange of non-privileged information relevant to the dispute in accordance with JAMS Streamlined Arbitration Rules and Procedures; and
7. The arbitrator's award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

(b) Arbitration Filing Fees. If you initiate the arbitration, to the extent the filing fee for the arbitration exceeds the lesser of $250 or the cost of filing a lawsuit, DICK’S will pay the additional cost. All other costs of the arbitration will be borne by Us. You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorney’s fees. You will not be required to pay any fees or costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration-related fees and/or costs. If we are the claiming party initiating an arbitration against you, We will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).

(c) Waiver of Certain Rights from Court. The parties understand that, absent this mandatory provision, they would have the right to sue in court. Court proceedings generally provide greater discovery rights, a judge or jury trial, and could provide greater opportunity for appellate review. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation.

(d) Class Action Waiver. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS

(e) Exception - Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions.

(f) 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 22 by sending written notice of your decision to opt-out to the following address via certified mail: Dick's Sporting Goods, Inc., 345 Court Street, Coraopolis, PA 15108, Attention: Legal Department. The notice must be sent within thirty (30) days of your first use of a Site after the effective date of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, DICK’S also will not be bound by them.

(g) YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST DICK’S ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT DICK’S AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT TO ARBITRATE AND CAN NOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE DISPUTES.

23. Admissibility. A printed version of these Terms shall be admissible in judicial and administrative proceedings and in arbitration proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

24. Waiver and Severability. No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

25. Entire Agreement. These Terms and our Privacy Policy and Additional Terms constitute the sole and entire agreement between you and DICK'S with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

26. Termination. You or DICK'S may suspend or terminate your account or your use/access of a Site at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. DICK'S reserves the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice except as provided in these Terms.

27. Additional Assistance. If you do not understand any of the foregoing Terms or if you have any questions or comments, We invite you to contact us in the following manner:

For general comments or questions about our Sites or Stores call our Customer Service Department at 1-877-846-9997 or you can also reach us by mail at 345 Court Street, Coraopolis, PA 15108, ATTN: Customer Service.

For GameChanger specific questions, email help@gc.com.

For A.D. Starr specific questions, call 800-487-2448 or email info@adstarr.com.