Date of Last Revision: August 10, 2017
All content included on the Platform (collectively, “Content”) is owned or licensed property of Hibbett Sporting Goods, Inc., its affiliates or subsidiaries (collectively, “Hibbett”) or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. All Content except for User Created Content is a collective work under the United States and other copyright laws and is the owned or licensed property of Hibbett. All rights are reserved.
LICENSE AND ACCESS
Hibbett grants you a limited license to access and make personal use of the Platform to place an order or purchase products for non-commercial use only, and only to the extent that such use does not violate applicable law or these Terms, including but not limited to the Prohibited Uses section below. Nothing in these Terms shall be interpreted as granting any other license or any intellectual property rights to you.
You may use the Platform only for lawful purposes that are permitted by these Terms. As a condition of your use of the Platform, you warrant to Hibbett that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. The following uses of the Platform are prohibited, and you agree not to do any of the following:
- Display, post, sell, transmit, distribute, reproduce, republish, modify, copy, translate or sell any Intellectual Property or Content appearing on the Platform, including User Created Content, without Hibbett’s prior written consent, unless it is your own User Created Content that you legally post on the Platform;
- Use any robots, data mining or similar data gathering or extraction methods;
- Download, copy or transmit any Content for the benefit of any other merchant;
- Conduct fraudulent activities on the Platform;
- Violate or attempt to violate the security of the Platform;
- Use the Platform to violate others’ privacy rights, including collecting personally identifiable information regarding other users of the Platform, rights of publicity or other rights, or to harass, threaten, defame or abuse any other person;
- Reproduce, sell, or otherwise exploit for any commercial purposes any portion of the Platform or access to the Platform, including collecting or using any descriptions, product listings, images, or prices; or
- Use any meta tags or other hidden text utilizing Hibbett’s name or marks.
USER CREATED CONTENT
User Created Content (“User Created Content”) is your submission of any comment, feedback, submission, suggestion, question, photo, video, review or other content on the Hibbett Platform, including but not limited to your use of the Customer Ratings and Review service offered by Hibbett on Hibbett.com or a Hibbett Mobile App or your submission of content to Hibbett.com, a Hibbett Mobile App, or a Hibbett social media channel.
If you post User Created Content on the Platform, unless Hibbett indicates otherwise, you represent and warrant that:
- You are the sole author and owner of the User Created Content or control any and all rights in any User Created Content that you post on the Platform;
- You grant Hibbett and its sublicensees a non-exclusive, royalty-free, irrevocable, worldwide, perpetual and fully sublicensable right to use, publish, reproduce, modify, adapt and display such User Created Content anywhere using any media, including but not limited to social media, video, internet posting, email or other means of distribution, either through Hibbett’s own services or services provided by third parties, throughout the world in any medium now known or later developed, without restriction or limitation.
- You agree that your User Created Content may be used by Hibbett to create derivative works either alone or in conjunction with sketches, cartoons, captions, films, artwork, textual matter or photographs
By submitting any User Created Content to Hibbett, you further represent and warrant that you will not submit the following User Created Content:
- User Created Content that is false, inaccurate, or misleading;
- User Created Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
- User Created Content that violates any local, state, federal, or international laws;
- User Created Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
- User Created Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Hibbett in its sole discretion;
- Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Hibbett;
- Chain letters or pyramid schemes;
- User Created Content that impersonates another business, person or entity, including Hibbett, its related entities, employees and agents;
- User Created Content that contains viruses or other harmful computer code;
- User Created Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- User Created Content that you were compensated for or granted any compensation for by any third party unless otherwise authorized by Hibbett in writing; or
- User Created Content that violates any policy posted on the Platform, or interferes with the use of the Platform by others.
SUBMISSIONS TO HIBBETT
You agree not to propose, post or submit to Hibbett ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the Platform. In the event you do so, you hereby grant to Hibbett a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to Hibbett the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that Hibbett is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against Hibbett for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to Hibbett, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
Hibbett attempts to be as accurate as possible, but Hibbett does not warrant that product descriptions are accurate, complete, current, reliable or error-free. If a product offered for purchase by Hibbett is not as described, your sole remedy shall be to return or exchange the product consistent with the Hibbett Return Policy [hyperlink]. All descriptions, specifications, images, references and prices of products on Hibbett.com or a Hibbett Mobile App are subject to change at any time without notice. Inclusion of a product on Hibbett.com or a Hibbett Mobile App is not a guarantee that the product will be available. Certain weights, measurements and other descriptions are approximate and provided for purposes of convenience only.
If you choose to order a product on Hibbett.com or a Hibbett Mobile App you may be required to supply certain information necessary for Hibbett to process your order, including your credit card number, the expiration date of your credit card, your billing address, your shipping information, and any other information without limitation. By supplying such information you grant Hibbett the right to provide such information to third parties for purposes of processing an order initiated by you or on your behalf. You represent and warrant that you have the legal right to use any credit card or other method of payment used in connection with any transaction.
Any order placed on the Platform is subject to Hibbett’s acceptance. Hibbett will not be deemed to have accepted any offer by you to purchase a product until both of the following have occurred: (i) we or a third party acting on our behalf have shipped the Product in your order and we have sent a shipment confirmation email to the email address associated with your order, and (ii) we have charged the credit card or other method of payment designated by you. Title to the product transfers to you upon shipment to you.
When using a Gift Card together with a credit card or debit card in payment for an Order, an authorization hold for the full amount of the Order will be placed on the credit card or debit card. After the Order ships, the credit card or debit card will be charged only for the portion of the Order price that is not paid using a Gift Card. The credit card or debit card authorization hold will be released within three (3) to five (5) business days after the Order ships.
Prices do not include shipping and handling, expedited service or sales tax, if applicable, which will be added to your total price during checkout. Hibbett may offer free shipping and handling for orders in excess of specified dollar amounts. Any such offer, if available at any given time, shall be indicated on Hibbett.com or a Hibbett Mobile App.
Hibbett Sports prides itself on providing a Premium Customer Experience and Premium Products. We strive to maintain inventory and pricing accuracy but fluctuations may occur in-store and online without notice.
We reserve the right to cancel any order for which a pricing error has occurred. If your order is canceled you will be notified and not charged.
Hibbett may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and will have no liability to you or any third party. If your credit card has already been charged for an order that is later cancelled Hibbett will issue you a refund.
Hibbett reserves the right to do any of the following with or without notice:
- Discontinue or limit the available quantity of any product;
- Impose conditions on the redemption of any coupon or other promotion;
- Prohibit sales of product to a reseller (a person or entity that purchases products with the intention of selling them, rather than using them);
- Refuse to provide a user with any product, for any reason or no reason.
MERCHANDISE AND GIFT CARDS
All Hibbett Merchandise Cards and Gift Cards are subject to the Hibbett Gift Card Terms and Conditions.
DMCA COPYRIGHT POLICY
If you are a copyright owner or an agent thereof and believe that any content on the Platform infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Hibbett’s Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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, Hibbett, to locate the material;
- Information reasonably sufficient to permit the service provider, Hibbett, to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
As such, you acknowledge that if you fail to comply with all of the foregoing requirements, your DMCA notice may not be valid.
If you are a copyright or trademark owner and you believe your rights have been violated, please EMAIL HIBBETT AT LEGALNOTICES@HIBBETT.COM OR write to Hibbett’s designated agent VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED, at hibbett sporting goods, inc., 2700 milan court, birmingham, al 35211.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
trademarks AND SERVICE MARKS
Trademarks that are used or displayed on the Platform are owned by Hibbett or by third parties other than Hibbett that offer and provide products and services on or through the Platform. The trademarks of Hibbett may not be copied or used, in whole, partial, or modified form, without the prior written approval of Hibbett or, if applicable, its supplier or licensor. In addition, Hibbett custom graphics, logos, button icons, scripts and page headers are covered by trademark, trade dress, copyright or other proprietary rights law, and may not be copied, imitated, or used, in whole, partial, or modified form, without the prior written approval of Hibbett. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hibbett.
LINKS TO OTHER WEBSITES
Hibbett.com or a Hibbett App may contain links to websites of third parties, including social media sites and manufacturers’ sites. Hibbett has no responsibility for any such third party web sites or their functionality, privacy settings, privacy policies, terms, or content of any such third party website. IF YOU ELECT TO CLICK ON A LINK TO ANOTHER WEBSITE ON HIBBETT.COM YOU DO SO AT YOUR SOLE RISK. Hibbett does not endorse any linked website of a third party. Hibbett shall have no liability arising out of or related to your election to click on a link to another website on Hibbett.com.
Violating the security of our Platform is prohibited and may result in criminal and civil liability. Hibbett may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Platform or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HIBBETT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE PLATFORM AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, HIBBETT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND THE PLATFORM’S CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY THAT IS PROVIDED SEPARATELY BY A PRODUCT MANUFACTURER OR SUPPLIER.
LIMITATION OF LIABILITY
HIBBETT SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF THE PLATFORM OR THE INABILITY TO USE THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR ANY USER CREATED CONTENT, EVEN IF HIBBETT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT. YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE PLATFORM, THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM IN ANY WAY, YOUR SOLE REMEDY SHALL BE TO STOP USING THE PLATFORM. NOTWITHSTANDING THE FOREGOING, APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. PURSUANT TO APPLICABLE LAW YOU MAY HAVE RIGHTS IN ADDITION TO THE RIGHTS CONTAINED HEREIN.
THE LIMITATION OF LIABILITY LANGUAGE SET FORTH ABOVE SHALL NOT APPLY TO RESIDENTS IN NEW JERSEY. IF YOU ARE A RESIDENT IN NEW JERSEY THE FOLLOWING LANGUAGE SHALL APPLY: HIBBETT OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE PLATFORM, OR ANY MATERIALS IN THE PLATFORM UNLESS SUCH LOSS OR DAMAGE IS THE RESULT OF HIBBETT’S INTENTIONAL MISCONDUCT OR NEGLIGENT, FRAUDULENT OR RECKLESS ACTS.
APPLICABLE LAW AND JURISDICTION
YOU AND HIBBETT AGREE THAT: (1) ANY CLAIM, DISPUTE, OR CONTROVERSY MUST BE RESOLVED THROUGH ARBITRATION; (2) WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY; (3) RIGHTS THAT WE EACH WOULD HAVE IF WE WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST; (4) WE EACH MAY ONLY BRING A CLAIM IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND (5) THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Any dispute or claim arising out of or relating to your use of the Platform, User Created Content, your use of Content, or your purchase of a product using the Platform shall be settled by binding arbitration. You and Hibbett waive the right to go to court and agree to submit any claims to arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Notwithstanding the foregoing, we both retain the right to pursue in a small claims court any claim that is within that court’s jurisdiction and proceeds on an individual (non-class, non-representative) basis. With the exception of residents in New Jersey, you and Hibbett agree that regardless of any statute or law to the contrary, any claim must be filed within one (1) year after such claim arose or be forever barred.
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules issued in Sept. 2014. Please contact the AAA for a copy of the rules. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Hibbett agree. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. This provision survives any termination of your access to the Platform or any other aspect of your relationship with Hibbett. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.
YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY DAYS OF YOUR FIRST USE OF THE PLATFORM OR YOUR PURCHASE OF A PRODUCT (WHICHEVER IS FIRST) BY WRITING TO US VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AT HIBBETT SPORTING GOODS, INC., 2700 MILAN COURT, BIRMINGHAM, AL 35211, ATTN: LEGAL DEPT.
NOTICE TO CALIFORNIA RESIDENTS
California users are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3: If you have a question or complaint regarding the Platform, please click on the “Contact Us” email link on Hibbett.com and complete the form. You may also contact us by writing to Hibbett via U.S. Certified Mail, Return Receipt Requested, at 2700 Milan Court, Birmingham, Alabama 35211, ATTN: Legal Department, or by calling us at (844) 362-4422. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Boulevard, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Platform and any documents issued by Hibbett Sports, Inc. and available through the Platform may contain “forward-looking statements” as that term is used in the Private Securities Litigation Reform Act of 1995, as amended. Hibbett Sports, Inc. is the parent corporation of Hibbett Sporting Goods, Inc. Forward-looking statements address future events, developments and results. They include statements preceded by, followed by or including words such as “believe,” “anticipate,” “expect,” “intend,” “plan,” “target,” or “estimate.” All such forward-looking statements are intended to fall within the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995, as amended. For a discussion of the risks, uncertainties and assumptions that could affect our future events, developments or results, you should carefully review the “Risk Factors” as well as “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of Hibbett Sports, Inc.’s most recent Annual Report on Form 10-K, Quarterly Reports on Form 10-Q, or Current Reports on Form 8-K. Any forward-looking statements on the Platform should be read in conjunction with the above reports. Hibbett undertakes no responsibility to update any forward-looking statement that may appear on the Platform.
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the course of conduct nor course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. Hibbett may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. These Terms do not provide any third party with any remedy, claim, or right of reimbursement. Except where the context otherwise requires, wherever used, the singular shall include the plural, the plural the singular and the word “or” is used in the inclusive sense (and/or). The term “including” as used herein shall mean including, without limiting the generality of any description preceding such term (regardless of whether the term “including” is followed by words such as “but not limited to” or “without limitation” in some provisions but not others). The headings in these Terms are for the sole purpose of convenience of reference and shall not in any way limit or affect the meaning or interpretation of any of the provisions of these Terms.