Terms and Privacy Policy

Terms and Conditions of Sale

 

Welcome and thank You for visiting this site, which is owned and operated by On2U Entertainment Corp. d/b/a Precision Sports (collectively “Seller” "Us" “Our” or "We"). These Terms and Conditions of Sale are provided by Us and are applicable to all sales conducted through Our website (the “Site”). The Site is Our property, and We provide this Agreement subject to the following conditions. Visitors to Our Site are sometimes referred to in these Terms and conditions of sale as “Customer”, “You” or “Your” and You and We together are sometimes referred to as the “Parties”.

 

Important Information About These Terms and Conditions

 

These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either "Terms and Conditions" or this "Agreement". Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or shopping on Seller's Website (the "Site") or otherwise requesting products (the "Products") or engaging Seller to perform or procure any Services (as this and all capitalized terms are defined herein). These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on the Site at the time Customer places an order or signs a Statement of Work will govern the order in question, unless otherwise agreed in writing by Seller and Customer.

 

Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Seller in writing. In addition, Internet connectivity requires access services from an Internet access provider. Contact Your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.

 

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order are null and void. No course of prior dealings between the Parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions or any purchase order or invoice, or any document in electronic or written form that is signed and delivered by each of the Parties for the performance of Services other than Third Party Services (each, a "Statement of Work").

 

Return, Exchange & Refund Policy

 

Customer satisfaction is Our top priority. We have a 30-day return policy. We strongly encourage Our Customers to inspect the contents of their package(s) upon delivery to ensure they have plenty of time to take advantage of Our 30-day return policy.

 

Defective or Incorrect Products: If for some reason You receive a defective product or the incorrect product, We will gladly accept a return or exchange.  Customers must notify Precision Sports Customer Relations of any damaged products within seven (7) days of receipt.

 

Changed Your Mind: If You change Your mind about an item or decide that You don’t need it, we’ll accept returns or exchanges on items in new condition within 30-days of purchase, minus the cost of shipping.

 

Refunds: Refunds are processed within 2-4 business days of the returned item(s) being received at Our warehouse. Refunds are issued back to Your original form of payment.

 

Please note: All items are thoroughly inspected before exchanges or refunds are granted. Items returned in a condition other than new and unused will receive a refund appropriate to the condition of the returned item, generally 50%-80% of Your order, depending upon the extent of the damage.

 

Shipping Charges on returns: Shipping charges are non-refundable.

 

Golf Simulator Returns: Precision reserves the right to charge up to a 50% restocking fee on order changes, cancellations, or returns on golf enclosure kits, custom orders and/or completed large volume orders. The fee charged will depend on the production status of the order.

 

All fees for restocking and repair will be automatically deducted from any pending refund.

 

Risk of Loss

 

If Customer provides Seller with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for Seller, title to Products and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the carrier (F.O.B. Origin, freight collect). For all other shipments, title to Products and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the specified destination (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. A purchase money security interest is retained in the Products to secure payment in full. Customer authorizes Seller to file a financing statement reflecting such security interest, and, if requested, Customer will record such purchase money security interest on its books.

 

Payment

 

Orders are not binding upon Seller until accepted by Seller. Customer agrees to pay the total purchase price for the Products plus shipping (to the extent shipping is not prepaid by Customer), including shipping charges that are billed to Seller as a result of using Customer's carrier account number. Terms of payment are within Seller's sole discretion. In connection with Services being performed pursuant to a Statement of Work, Customer will pay for the Services in the amounts and in accordance with any payment schedule set forth in the applicable Statement of Work. If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller. Seller, or any of its Affiliates on behalf of Seller may issue an invoice to Customer. Seller may invoice Customer separately for partial shipments, and Seller may invoice Customer for all of the Services described in a Statement of Work or any portion thereof. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay for, and will indemnify and hold Seller and its Affiliates harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work, the Products or the Services. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Seller with the necessary supporting documentation. In the event of a payment default, Customer will be responsible for all of Seller’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees. In addition, if payments are not received as described above, Seller reserves the right to suspend Services until payment is received. Except as otherwise specified on an applicable Statement of Work, Customer will reimburse Seller for all reasonable out-of-pocket expenses incurred by Seller in connection with the performance of the Services, including, but not limited to, travel and living expenses.

 

 

Content, Pricing and Accuracy 

 

All features, content, availability, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the 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 Site 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.

 

Third Party Links

 

From time to time, the Site may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by us. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by us. 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.

 

IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

 

 

Services

 

Seller provides Standard Technical Support Services (defined below) free-of-charge to Customer for the life of the products. Premium Services are offered at an additional cost.

 

Standard Technical Support Services included with the purchase of products are: (1) technical firmware and software updates, corrections, modifications, and patches, distributed at the sole discretion of Precision Sports (the "Updates"); (2) up to three (3) hours of phone, email, and web-chat technical support on any call ticket during office hours M-F 8am-5pm PST; (3) Return Merchandise Authorizations and diagnosis for units under warranty; (4) parts and labor for services under warranty; and (5) return shipment for units repaired under warranty.

 

Premium Services which Customer may elect to purchase at an additional cost, may include the following: (1) Extra Technical Support Service (beyond Standard Service provided) at regular Service Rates. (2) Extended Warranty Plan; (3) Warranty Pool Products Plan (4) Silver Service Plan (5) Gold Service Plan (6) Shot Data Storage and Services; (7) Installation Services; (8) Engineering Services, including custom hardware and software developments. In the event Customer has purchased a Premium Service, Customer agrees to pay Seller the agreed Service Fees upon invoice.

 

Customers may order Services from or through Seller from time to time. Unless otherwise agreed in writing, all Services to be provided by Seller will be provided to the original purchaser of the product only. Certain services, are sold by Seller as a distributor or sales agent ("Third Party Services"). In the case of Third Party Services, the third party shall be the party responsible for providing the services to the Customer and Customer will look solely to the third party for any loss, claims or damages arising from or related to the provision of such Third Party Services. Customer hereby releases Seller and the entities that control, are controlled by, or are under common control with Seller ("Affiliates") from any and all claims arising from or relating to the purchase or provision of any such Third Parties Services. Any amounts, including, but not limited to, taxes, associated with Third Party Services which may be collected by Seller will be collected solely in the capacity as an independent sales agent.

 

Where Services are ordered in a Statement of Work, each Statement of Work hereby incorporates these Terms and Conditions and constitutes a separate agreement with respect to the Services performed. Seller, or any of its Affiliates on behalf of Seller, may execute a Statement of Work. In the event of an addition to or a conflict between any term or condition of the Statement of Work and these Terms and Conditions, the terms and conditions of this Agreement will control, except as expressly amended in the applicable Statement of Work by specific reference to this Agreement. Each such amendment will be applicable only with respect to such Statement of Work and not to future Statements of Work. Changes to the scope of the Services described in a Statement of Work will be made only in a writing executed by authorized representatives of both Parties. Seller will have no obligation to commence work in connection with any such change, unless and until the change is agreed upon in that writing executed by both Parties. All such changes to the scope of the Services will be governed by these Terms and Conditions and the applicable Statement of Work. Each Statement of Work may be signed in separate counterparts each of which shall be deemed an original and all of which together will be deemed to be one original.

 

Cooperation

 

In addition to any specific Customer duties set forth in any applicable Statement of Work, Customer agrees to cooperate with Seller in connection with performance of the Services by providing (i) timely responses to Seller's inquiries and requests for approvals and authorizations, (ii) access to any information or materials reasonably requested by Seller which are necessary or useful as determined by Seller in connection with providing the Services, including, but not limited to, physical and computer access to Customer's computer systems, and (iii) all Required Consents necessary for Seller to provide the Services. "Required Consents" means consents or approvals required to give Seller, its Affiliates, and its and their subcontractors the right or license to access, use and modify all data and third party products. Customer acknowledges and agrees that the Services are dependent upon the completeness and accuracy of information provided by Customer and the knowledge and cooperation of the agents, employees or subcontractors (“Personnel”) engaged or appointed by Customer who are selected by Customer to work with Seller.

Seller will follow all reasonable Customer security rules and procedures, as communicated in writing by Customer to Seller from time to time.

 

Access

 

At Seller’s discretion, Seller may perform the Services at Customer's place of business, at Seller's own facilities, remotely via the internet or at such other locations as Seller and Customer deem appropriate. When the Services are performed at Customer's premises, Seller will attempt to perform such Services within Customer's normal business hours unless otherwise jointly agreed to by the Parties. Customer will also provide Seller access to Customer's staff and any other Customer resources (and when the Services are provided at another location designated by Customer, the staff and resources at such location) that Seller determines are useful or necessary for Seller to provide the Services. When the Services are provided on Customer's premises or at another location designated by Customer, Customer agrees to maintain adequate insurance coverage to protect Seller and Customer's premises and to indemnify and hold Seller and its Affiliates, and its and their agents and employees harmless from any loss, cost, damage or expense (including, but not limited to, attorneys' fees and expenses) arising out of any product liability, death, personal injury or property damage or destruction occurring at such location in connection with the performance of the Services, other than solely as a result of Seller's gross negligence or willful misconduct.

 

Disclaimers

 

We do not and cannot warrant that the Site (including any element of the Site) or its servers will be error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet Your requirements.

 

YOUR USE OF THE SITE (INCLUDING ANY ELEMENT OF THE 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 US, NOR ANY OF OUR 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 US NOR ANY OF OUR 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, WE HEREBY DISCLAIM 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, WE HEREBY EXPRESSLY DISCLAIM 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). WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

 

We do not represent or warrant that the health, nutrition, ingredient, allergen or other product information on the Site 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 Site and that You consult each product's label or contact the manufacturer directly if You have a specific question or dietary concern.

 

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.

 

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 the Site, linking to a third party site, or Your downloading of any materials or information from the Site and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third Parties.

 

IN NO EVENT WILL WE OR OUR 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 THE SITE, ANY SITES LINKED TO OUR 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.

 

IN THE EVENT OF ANY PROBLEM WITH THE SITE, OR ANY MATERIAL OR CONTENT ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND US. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE 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 GROSSLY 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.

 

Indemnity

 

You agree to defend, indemnify and hold Us and Our 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.

 

Disputes, Choice of Law, and Jurisdiction

 

(a) Initial Dispute Resolution.  We are available by email at info@precisionsportssim.com to address any concerns You may have regarding Your use of the Site. 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 the Site, including compliance with these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided below.

 

(b) Choice of Law and Courts for Non-Arbitrated Disputes. Unless expressly addressed in the Additional Terms, these Terms supersede any other agreement between the Parties to the extent necessary to resolve any inconsistency or ambiguity between them. The Site is administered by Us from Our offices in Albany, New York. Notwithstanding the arbitration provisions below, 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 New York or the United States District Court for the Northern District of New York, 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.

 

Arbitration

 

(a) Right to Arbitration.  If the Parties don’t reach an agreed upon solution pursuant to the dispute-resolution contemplated above, the Parties each agree that any dispute, claim or controversy arising out of or relating to Our products or services or the Site, or these Terms or the breach, enforcement, interpretation or validity thereof, shall be determined by binding arbitration before one arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA’s Consumer Arbitration Rules.  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. Not withstanding Our right to modify these Terms, We agree that We may not modify these arbitration provisions without notice to You and Your agreement to such changes. Further, any such modification to the dispute and/or arbitration requirements herein 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, 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 AAA 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. The initiating party will bear the responsibility for paying the filing fees.  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.

 

(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 by sending written notice of Your decision to opt-out to the following address via certified mail: Precision Sports 431 New Karner Rd, Building 3, Suite 150, Albany, NY 12205, Attention: Legal Department. The notice must be sent within thirty (30) days of Your first use of the 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, We 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 US 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 OUR 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.

 

Miscellaneous

 

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.

 

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.

 

Entire Agreement. These Terms and Our Privacy Policy constitute the sole and entire agreement between the Parties with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

 

Termination. We or You may suspend or terminate Your use/access of the 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. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice except as provided in these Terms.

 

Notices. All notices required or permitted under this Agreement shall be in writing and shall be served on the other party either (a) in person or (b) by mail utilizing the United States Post Office Express Mail, Federal Express, DHL, or other recognized international mail service, with postage prepaid, overnight delivery, and a return receipt requested, addressed as follows:

 

IF TO US:

 

Precision Sports c/o Legal Department, Intellectual Property Policy431 New Karner Rd, Building 3, Suite 150, Albany, NY 12205 with a carbon copy via email to info@precisionsportssim.com.

 

PRIVACY POLICY

 

This Privacy Policy applies to On2U Entertainment Corporation’s (d/b/a Precision Sport's) (hereinafter “Precision Sports”) web site, products, software packages, and related services. Last Updated: 5/2/2022

 

Precision Sports knows that privacy is important to You. This Privacy Policy describes how We collect, use, disclose, store and protect Your information. By using a Precision Sports product or service You are accepting the practices described in this Privacy Policy.

 

Your Information

 

Information You provide to us. We collect information that You provide to Us when You use Our products and services or anytime You are in contact with us. Some types of information You may provide include:

 

  • Registration information that You may be required to provide when You sign up to use Our services, including Your name, address, telephone number, and email address.

 

  • Login information that You use to sign in to Our services, such as Your username and password
  • Demographic information about You, including Your age, gender, hobbies, interests, and country of residence.

 

  • Payment information that You submit, including Your credit card number, expiration date, and credit card security code, where needed to complete a transaction You have initiated.

 

  • Messages, photos, videos, drawings, audio recordings and other information shared by You through the interactive features of Our products and services.

 

  • Correspondence You send directly to us.

 

  • Information You provide to Us offline (through, for example, regular mail, in-person sweepstakes entry forms, and consumer service transactions such as repairs, part orders and direct purchases).

 

Information We collect automatically. We collect some information automatically when You use Our products and services. Some types of information We collect automatically include:

 

  • Information about Your use of Our products, services and websites, including Your browser type, operating system, platform, IP address, MAC address, language and region.

 

  • Information about websites You visited before and after visiting Our websites, search queries that landed You on Our websites, search queries You conducted on Our websites, and pages and advertisements You viewed and links You clicked on while using Our website.

 

  • Information about Your Precision Sports device including device serial number, device ID, wireless access point, and other technical information about Your device.

 

  • Information about Your use of Our device services and other information about Your interactions with Our products and services.

 

Information We receive from other sources. We may receive information about You from other sources, including through third-party services and retailers. Some examples of information We may receive from other sources include:

 

  • Navigation data, including websites visited and advertisements viewed or clicked.

 

  • Information about consumer service transactions.

 

  • Purchase information.

 

Please note that We may add information We receive from other sources to the information We already have about You. We also may combine Your information with information about other users, including game play, demographic, search term, clickstream and purchase information, and use this combined information in an aggregated format.

 

Cookies, Web Beacons, Log Files And Third Party Partners

 

In order to collect some of the information described above, We may use web beacons, cookies, log files, and similar technologies in some of Our products and services, including Our emails.

 

Web Beacons: We may use web beacons (also referred to as pixel trackers or clear GIFs), which are small graphic images placed on a web page, on a web-based document, or in an email message. Web beacons are designed to collect certain user information and monitor certain user activity. Information collected by web beacons might include Your IP address, MAC address, the URL of the page You came from, or Your interactions with Our website or an email message We send to You. We may use the information collected through web beacons, for example, to determine how to improve certain products and services by identifying popular web pages, services, features, and products; to personalize Our products and services; to make recommendations for products and services; and to complete transactions You have requested.

 

Cookies: We may use cookies, which are unique identifiers that are sometimes placed on Your device to record data about Your visits to a website, so that the site can recognize Your device and personalize Your visit. Information collected by cookies may be linked to Your transaction history, online game play or other information. We may use information collected by cookies, for example, to determine how to improve certain products and services by identifying popular web pages, services, features, and products; to personalize Our products and services; to make recommendations for products and services; and to complete transactions You have requested. You can set Your certain browsers to reject cookies or to notify You when You are sent a cookie. However, not utilizing cookies may prevent You from using certain functions and features ofOur products and services.

 

Log Files: We maintain log files which record activity related to the use of Our products and services, such as the number of hits a particular webpage has received, the type and quality of a user's Internet connection, the type of hardware and/or software used to access a particular service, which features of a service are used and their frequency of use. The entries within these log files may include, for example, Your IP addresses, MAC addresses, cookie information, device ID, transactional data, device settings, and download activity. We may use these log files, for example, to monitor traffic on Our website, to facilitate use of certain services and to troubleshoot technical problems.

 

Third Party Partners: We also may permit Our third-party partners to set cookies and web beacons and similar technologies on Our websites, or within emails sent on Our behalf, to help Us perform various internal functions necessary to operate Our business. These third Parties may also use these cookies and web beacons and other technologies to collect information about Your visits to Our websites and elsewhere on the Internet and may use that information during, or after, Your visits to Our websites to provide You advertisements across the Internet about goods and services that may be of interest to You. Some of these third Parties may offer You a way to opt-out of this type ad targeting through industry choice mechanisms. To learn more about third Parties that participate in these choice offering and to exercise choices that may be available to You, You can visit www.networkadvertising.org and Youradchoices.com.

 

Use of Information

 

We may use Your information in order for us, Our affiliated companies, or Our third party partners, to: (i) fulfill Your requests for products, services, and information, including to send You commercial and non-commercial messages and to process orders You have placed; (ii) contact You in connection with Our products and services, including for marketing and promotional purposes; (iii) facilitate Your use of Our products, services and websites; (iv) make recommendations and customize the content, features, and advertising available through Our products, services and websites and on other's websites; (v) set up repair orders and respond to consumer service inquiries; (vi) provide back-end services, including system updates and system messages; (vii) analyze and facilitate the use of Our products, services and websites; (viii) conduct demographic studies; (ix) understand, improve, and develop Our products, services and websites; (x) prevent potentially illegal or offensive activities; (xi) enforce Our rights or the rights of Our users; (xii) verify Your identity and prevent fraudulent transactions; and (xiii) for any other purposes disclosed to You at the time We collect Your information or pursuant to Your consent.

 

Third-Parties

 

You may disclose Your information to third Parties when You use Our products and services. We are not responsible for the privacy practices of these third Parties, and We recommend that You review their privacy notices before submitting any information to them.

 

Attention Parents Or Legal Guardians: Protecting Children's Privacy

 

In accordance with applicable law, We obtain consent from parents for the collection of personal information from their children. You can find information about how We collect, use, and disclose personal information from Our users, including children under the age of 13, in the sections above titled Your Information, Use Of Information, Disclosure Of Information.

 

Before responding to Your request to review personal information collected from Your child, We may require that You follow reasonable procedures to help verify Your identity as the child's parent or legal guardian. We may deny any request that fails to follow these procedures. If You choose to have Your child's personal information deleted, or refuse to permit further collection or use of Your child's personal information, certain features of Our products and services may be limited or unavailable.

 

Precision Sports is not responsible for the privacy practices of these third Parties, and We recommend that You review their privacy notices before Your child provides or exchanges any personal information through third-party services or content.

 

We strongly recommend that You supervise Your child's use of Our products and services at all times.

 

Security

 

You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

 

Please note that information collected by third Parties may not have the same security protections as information You submit to Us or that We collect, and We are not responsible for protecting the security of such information.

 

If You install unauthorized applications or content on, or make unauthorized modifications to, Your Precision Sports device or its software, Your information may be compromised. Precision Sports is not responsible for any collection, use or disclosure of information from any Precision Sports device that has been serviced or modified by an unauthorized service provider.

 

International Users

 

Any information You provide, or that is collected through use of Our products, services and websites may be stored, processed, and transferred within, or to, the United States, or any other country in which We or Our affiliated companies or third party partners maintain facilities. As a result, it is possible that Your information could be accessed by foreign governmental authorities, or otherwise, in accordance with applicable local laws. By using Our US based website, or by designating the United States as the region for Your Precision Sports device, You consent to the collection, storage, processing, and transfer of Your information in and to the United States, or other countries and territories, pursuant to the laws of the United States.

 

Changes To The Privacy Policy

 

We may update this Privacy Policy from time to time. When We update this Privacy Policy, We will revise the "Last Updated" date above. Updates will be posted at Precision Sportssports.com/content/privacy-policy. We recommend that You review this Privacy Policy each time You use Our products, services or websites to help You stay informed of Our privacy practices.

 

Contact Us With Your Privacy Questions, Comments Or Concerns

 

If You have any questions, complaints or comments regarding this Privacy Notice, or any of Our privacy practices, please contact Precision Sports via info@precisionsportssim.com, by phone at: 518-456-4386, or via regular mail at Precision Sports 431 New Karner Rd, Building 3, Suite 150, Albany, NY 12205

 

Intellectual Property (IP)

 

Precision Sports respects the intellectual property of others, and We ask users of Precision Sports products and services to do the same.

 

In accordance with the Digital Millennium Copyright Act (DMCA) in the US, the Electronic Commerce Directive (2000/31/EC) in the EU, and other applicable law, We have adopted a policy of removing, in appropriate circumstances and at Our sole discretion, any content that appears to infringe the intellectual property rights of others. We may also at Our sole discretion limit access to Precision Sports products and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

If You believe that any material on Precision Sports’ website or within its game products infringes upon any copyright or other intellectual property right which You own or control, or that any link on a Precision Sports website or product directs users to another web site that contains material that infringes upon any intellectual property right which You own or control, You may file a notification of such infringement with Our Designated Agent.

 

Our Designated Agent may be reached as follows:

 

Precision Sports c/o Legal Department, Intellectual Property Policy
431 New Karner Rd, Building 3, Suite 150, Albany, NY 12205 with a carbon copy via email to info@precisionsportssim.com.

 

Notifications must include the following:

 

  • A description of the copyright, trademark, patent or other intellectual work which You believe is being infringed. If applicable, please also include information regarding any registrations of these rights or applications to register these rights, including the countries where registered or applied for, and application or registration numbers

 

  • A description of the allegedly infringing material, with information that is reasonably sufficient to enable Precision Sports to locate the material

 

  • Your contact information, such as Your address, telephone number, and email address

 

  • A statement that You have a good faith belief that use of the material is not authorized by the intellectual property owner, its agent, or the law

 

  • A statement that the information in the notice 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

 

  • Your physical or electronic signature

 

Thank You.