Last updated October 18, 2021
Al’s Sporting Goods, Inc., a Utah corporation (“Al’s,” “we,” “us,” or “our”), owns and operates the websites www.als.com and www.alssports.com, including mobile versions (collectively, the “Site”), for the enjoyment and use of our customers. Al’s offers various sporting goods (our “Products”) and related services, including sporting goods rental, maintenance, and repair services (our “Services”). The Site describe Al’s, its history, our Products and Services, and how Products and Services may be purchased.
These Terms of Use, together with any referenced documents or policies, are a legal contract between you and Al’s governing your access and use of our Site, whether as a guest or registered user, and purchases of Products or Services.
The Site is offered and available to individuals who are 13 years old anmeet these qualifications and accept the Terms of Use. If you use the Site on behalf of an entity or business, you must have authority to bind such entity and, in such case, the term “you” includes the entity and its authorized agents that use the Site.
Certain parts of the Site may have special pricing, products, or content that will require you to be subject to additional guidelines, terms of service, or rules as communicated to you when accessing those part of the Site.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING BROWSING; CREATING OR LOGGING INTO AN ACCOUNT; POSTING, TRANSMITTING, OR UPLOADING INFORMATION OR CONTENT; PARTICIPATING IN ANY POLL OR CONTEST; LINKING; OR ORDERING ANY PRODUCTS OR SERVICES YOU EXPRESSLY AGREE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THESE TERMS OF USE AND APPLICABLE POLICIES. IF YOU DO NOT AGREE TO ALL SUCH TERMS OR POLICIES, DO NOT USE THE SITE.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective when posted. You are expected to periodically check these Terms of Use so you are aware of any changes. Your continued use of the Site following posting means you accept and agree to the changes.
You may choose to register and create an account to access and use the Site. Your account may be used to purchase Products or Services and to store your information and preferences. If you choose to create an account, you must provide Al’s an email address and password and you may be required to provide additional personal identifiable information (“PII”). Our use of any PII is subject to our Privacy Policy. By providing us with your PII or any other information you consent to our use of such information pursuant to our Privacy Policy. Our use of any PII is subject to our Privacy Policy, which sets forth our sole obligations with respect to PII and privacy. To view our Privacy Policy click on the link at the footer of the Site’s home page.
You are responsible for maintaining the confidentiality of your account, password, and other information. To protect your account and your PII, you should choose a password that is not associated with any PII and that you do not use to access other websites. Any account you create is personal to you and you agree to not provide any other person with access to the account. You agree to notify us immediately if you learn of any unauthorized access or use of your account. You should use caution when accessing your account from a public or shared computer so that others are not able to view your information. You should logout from your account at the end of each session. We may disable any account at any time in our sole discretion.
It is a condition of your continued use of the Site that all information you provide us be correct, current and complete. You agree to review, correct, and update any information you provide us.
If you are asked to create a username for your account, including to post any review, you may not use a screen name that is vulgar or that attempts to impersonate or violates the rights of another person.
We may use cookies to improve your online experience and personalization. By continuing to use the Site you consent to accept our cookies.
Al’s does not warrant that any of the Site will meet user requirements or that the Site will be uninterrupted or error-free. Al’s tries to have the Site online and available for customers as often as we can. Occasionally the Site will have scheduled system downtime for maintenance or other purposes.In addition to scheduled maintenance other outages may occur, affecting all or part of the Site. We may change, suspend, modify, or discontinue all or any part of the Site in our sole discretion with or without notice. We are not liable if all or part of the Site is unavailable at any time for any reason or for any period. We reserve the right to block or deny access to the Site to anyone at any time for any reason.
We have implemented certain safety protocols and procedures on the Site. However, we don’t control the Internet and you must assume complete responsibility and risk for your use of the Internet. You acknowledge that unapproved third parties may intercept uploads or downloads or any other transmissions to or from the Site. You are responsible for all of the risks associates with visiting the Site.
You may use the Site only for lawful purposes in accordance with these Terms of Use. You agree not to use the Site:
Without limiting the foregoing, you agree not to:
All transactions and purchases of Products or Services through the Site are governed by the following policies:
Please ship returns to:
Als.com
1055 N 800 W
Suite 110
Logan, UT 84321
Purchases made November 1 through December 31 have an extended return period through January 31 the following year.
The Site, including all of its content, features, and functionality, are owned by us or our licensors or providers and are protected by US and international copyright, trademark, and other laws. We own and retain all rights in our trademarks, trade names, and trade dress used on the Site, including our company names, logos, slogans, and designs, and such items are subject to and protected by trademark, copyright or other intellectual property laws. We will aggressively enforce our intellectual property rights to the fullest extent of the law. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
You may download, print, and store selected portions of the Site provided you only use such copies for your personal noncommercial use. You may not copy, reproduce, publish, transmit, distribute, display, modify, sell, license, or otherwise exploit the Site or any of its content or delete or change any copyright or trademark notices. No right, title, or interest in or to the Site or any of its content is transferred to you and all rights not expressly granted are reserved by us.
You may notify us of any suspected copyright infringement on the Site.
The Site allows you to post reviews of Products and Services. In the future, we may offer message boards or other forums that will allow you and others to post other content, information, suggestions, or other communications (collectively, with any reviews, “User Content”). We or a third-party monitoring company may moderate any User Content, including any reviews, before posting it to the Site. We may also remove any User Content for any reason. User Content will be non-confidential and non-proprietary and you grant to us an unrestricted, non-exclusive, and irrevocable license to use, edit, copy, reproduce, or otherwise exploit such User Content.
We have no obligation to use, return, review, or respond to any User Content. You understand and acknowledge that you are responsible for any User Content you submit or contribute and have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You agree you will not post User Content that:
We are not responsible or liable to any third party and assume no liability for any action or inaction regarding posting of User Content. At our discretion we may, but are not obligated to, take steps to monitor User Content. We are not deemed to endorse, verify, or agree with any User Content.
We reserve the right, in our sole discretion, to (a) remove or refuse to post any User Content for any or no reason; (b) take any action with respect to any User Content that we deem necessary or appropriate if we believe that such content violates these Terms of Use or content standards, infringes any intellectual property rights, threatens a person’s safety, or could create liability for Al’s; or (c) take appropriate legal action, including referral to law enforcement, for illegal or unauthorized User Content or use of the Site.
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 anyone posting any User Content. YOU WAIVE AND HOLD HARMLESS AL’S AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY AL’S OR LAW ENFORCEMENT AUTHORITIES.
The Site may include content provided by third parties. Product descriptions are taken from materials provided by the Product manufacturers and suppliers. All statements and/or opinions expressed in these materials, other than the content provided by Al’s, are solely the opinions and the responsibility of the person providing those materials. We are not responsible for the content or accuracy of any materials provided by any third parties.
We may automatically collect information about you and how you navigate and use the Site. All such information is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to the homepage on our Site, provided you do so in a way that is legal and does not damage our goodwill. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We may also permit you with features to enable you to link from your own social media or other accounts.
Our Site may refer or link to our social media accounts. Your access and viewing of those social media accounts are subject to the terms and conditions of those social media platforms.
If the Site contains links to other sites and resources provided by third parties, including Product providers, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third party websites or content linked to the Site, you do so entirely at your own risk and subject to the terms and conditions applicable to such websites and content.
Al's Sporting Goods Last updated: April 21, 2022 The Al's Sporting Goods mobile message service (the "Service") is operated by Al's Sporting Goods (“Al's Sporting Goods”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Al's Sporting Goods’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Al's Sporting Goods through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Al's Sporting Goods. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +18332945884 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Al's Sporting Goods mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +18332945884 or email cs@als.com. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
We are based in the State of Utah in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
THE PRODUCTS SOLD BY AL’S ON THE SITE ARE SUBJECT TO THE MANUFACTURER’S WARRANTIES AND POLICIES.
EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED IN THESE TERMS OF USE OR OTHER APPLICABLE POLICIES, THE SITE AND ANY CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WITH US REPRESENTS OR WARRANTS THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXCEPT AS EXPRESSLY PROVIDED, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE.
IN NO EVENT WILL AL’S, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF AL’S AND ITS AFFILIATES EXCEED THE GREATER OF THE AMOUNT YOU PAY FOR THE PRODUCT IN QUESTION.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to defend, indemnify and hold harmless Al’s, its affiliates, licensors and service providers, and its and their respective officers, directors, managers, employees, contractors, and agents (collectively, the “Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs (including settlement costs), expenses or fees (including reasonable attorneys' fees and other fees or expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties arising out of or relating to your violation of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You agree that all matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).
You agree that the federal and state courts located in the State of Utah have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of the Site. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association in Utah applying Utah law.
No waiver by Al's of any term or condition set forth in these Terms of Use 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 Al’s to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
These Terms of Use, our Privacy Policy, and other policies linked to the Site constitute the sole and entire agreement between you and us 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.
This Site is operated by Al’s Sporting Goods, Inc., with our principal address at 1075 North Main Street, Suite 120, Logan, Utah 84341.
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to cs@als.com.