TERMS OF USE

The Mathews Websites, related mobile applications, including Shot SenseTM, and other services (collectively, “Services”) are made available to you by Mathews Archery Inc. (“Mathews,” “our,” “we,” or “us”), subject to these Terms of Use (“Terms”) and in accordance with the Privacy Policy. By using our Services, you warrant that you meet the eligibility requirements below and agree to comply with these Terms and our Privacy Policy. We reserve the right to review accounts and user actions on the Services to ensure and verify compliance with our Terms.

If you do not agree to these Terms, do not access or use our Services.

Please also review our Privacy Policy.

 

Registration/Accounts

To access or use our Services, you may be required to register by opening an account. If you open an account, you agree to provide true, accurate, and current information about yourself, including, but not limited to, your name, date of birth, and email address (“User Data,” or “Your Data”). We reserve the right to require additional information as we deem necessary. You agree that Mathews may utilize Your Data to provide Services that you access or use and as otherwise set forth in these Terms and our Privacy Policy.

You also agree to create only one account for your own personal use and to not share this account with anyone else. Creating multiple accounts for one user may lead to suspension or termination of all associated accounts, at Mathews’ sole discretion.

By creating an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts to verify that they do not violate these Terms. Providing false information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security by emailing us at customersupport@mathewsinc.com.

We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate or close your account, select “Delete Account” in the App settings. By doing so, your account will be terminated and eliminated from our records in a reasonably timely manner. From the termination date forward, access to your account will no longer be available and data from your account, including any registered bows or Shot SenseTM data, will be promptly deleted. This action is not reversible.

Age Eligibility Requirement

To use or access our Services, you must be at least thirteen (13) years of age or the age required in your jurisdiction to use our Services (“Minimum Age”). Our Services are not designed or intended for use by any individual under the Minimum Age. You may not create an account, access, or use our Services if you are not at least the Minimum Age.

By creating an account, or by accessing or using our Services, you affirm that you are at least the Minimum Age. If we discover or have any reason to suspect that you are not at least the Minimum Age, we reserve the right to suspend or terminate your access to our Services immediately and without notice.

Please note that certain features of our Services may have different age eligibility requirements. Where the Minimum Age is not sufficient to lawfully access or use certain features of our Services, you may not do so unless you are old enough to legally access and engage in such Services or have obtained all required parental or guardian consents or permissions.

Marketing and Notifications

By using our Services, you agree to receive marketing communications and push notifications from us that may include emails, text messages, and in-app notifications, to keep you informed about news, events, promotions, special offers, and other updates related to our products and services. We understand the importance of using these channels responsibly and we endeavor to target our communications to those we believe will be of interest to you. If you prefer not to receive these communications, you can opt out at any time. For email communications, you can unsubscribe by clicking the ‘Unsubscribe’ link at the bottom of any marketing email you receive from us. To disable push notifications, you can adjust your preferences within the ‘Settings’ section of your device or the application, as applicable. Please note that even if you opt-out of receiving marketing communications, you may still receive transactional or administrative messages related to our Services.

Intellectual Property and Licenses

All content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) related to Mathews’ website, mobile application (Shot SenseTM), and other Services (“Content”) are protected under applicable copyrights, trademarks, patents, and other proprietary rights. The copying, redistribution, use, or publication by you of any part of the Content, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials accessed or viewed through our Services. The posting of information or materials on our Services does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third-party content suppliers and is subject to terms of use agreements.

You own the information, data, photographs, videos, messages, or other material you post or publish using our Services (“Your Content”). You grant us a non-exclusive, transferable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display Your Content and any name, username, or likeness that you post on or in connection with our Services in all media formats and channels now known or later developed without compensation to you.

Additionally, Mathews grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services and Content, solely in accordance with, and subject to, these Terms. Use of our Services does not give you any ownership of any intellectual property rights in our Services or the Content you access. Except as provided in these Terms, we do not grant you any express or implied rights to use our Services and Content.

Restrictions on Use:

Permission to use the Service is conditioned upon the following non-exhaustive list of restrictions:

You agree that you will not under any circumstances:

1. Access our Services for any reason other than your personal, non-commercial use, solely as permitted by the normal functionality of our Services.
2. Collect or harvest any personal data of any other user of our Services, including account names, nor use the communication systems provided by our Services for any commercial solicitation purposes.
3. Use our Services for the solicitation of business.
4. Distribute any part or parts of our Services without our explicit written permission.
5. Access, retrieve, scrape, or index any portion of our Services or Content by any means, automated or otherwise, for any purposes whatsoever. This prohibition includes, but is not limited to, the use of any automated means or methods to access, acquire, copy, or monitor any apportion of our Services or any content therein.
6. Upload, distribute, transmit, or post anything to or through our Services that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, harassing, threatening, defamatory, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

 

You further agree to the following use of the Shot SenseTM mobile application and sensor (collectively, “Shot SenseTM”):

1. You agree to use Shot SenseTM as it is intended and designed to be used.
2. You agree that Shot SenseTM was designed and intended to be used solely on Mathews Bows that have been specifically engineered for use with Shot SenseTM.
3. You agree that Mathews is not liable in whole or in part for any injury, damage, or loss of property resulting from using Shot SenseTM incorrectly or outside the scope of its intended use.

 

Access and Termination:

We do not guarantee that our Services, or any content on them, will always be available or uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of our Services without notice. We will not be liable to you if, for any reason, our Services are unavailable at any time or for any period, or if for whatever reason your personal data is erased or removed without prior notice.

Third Party Links:

Our Services may contain links to, or be linked to, websites not maintained or controlled by us (“Third Party”).  Mathews is not responsible for evaluating the content or accuracy of third party websites. Mathews does not warrant or endorse any third-party website, or any products or services made available through those websites. The terms and privacy policy of that third party govern your use of the third-party site and services, not these Terms

Disclaimers of Warranties:

YOUR USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.

The information, software, products, services, and content available through the services are provided to you “as is” and without warranty. Mathews disclaims all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement. We make no warranty that: (a) the service will meet your requirements; (b) your content will be available or the service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected.

You expressly agree that activities you engage in using our Services, in particular the Shot SenseTM app and its accompanying sensor, can carry certain inherent and significant risks of property damage, bodily injury, or death, and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or in part by the action, inaction or negligence of Mathews or by the action, inaction, or negligence of others.

You expressly agree that Mathews does not assume responsibility for the inspection, supervision, preparation, or conduct of any competition, contest, challenge, or group activity that utilizes the services.

You expressly agree to release Mathews from any and all liability in connection with your use of our Services and promise not to sue us for any claims, actions, injuries, damages, or losses associated with such use. You also agree that in no event shall we be liable to you or any third party for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with (a) your use or misuse of the services, (b) your use or misuse of equipment or programs created or licensed by Mathews while using our Services, (d) any delay or inability to use the services experienced by you, or (e) any information, software, products, services or content obtained through the services, whether based on contract, tort, strict liability or otherwise, even if Mathews has been advised of the possibility of damages.

California Release

Residents of California in the United Staes expressly agree to waive California Civil Code Sec. 1542, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Indemnity:

You agree to indemnify and hold Mathews, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party use to or arising out of your use of our Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any content that you post on or through our Services causes us to be liable to another.

Limitation of Liability:

In no event shall Mathews, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our Services; (ii) any conduct or content of any third party on our Services; (iii) any content obtained from our Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Intent of Parties:

Should any provision of this agreement be deemed unenforceable by an arbitrator or court with proper jurisdiction, such provision will be modified to the least extent necessary to make it enforceable, preserving to the fullest extent the original intentions expressed in these Terms. In the event modification is not possible, the unenforceable provision will be severed from these Terms, and all remaining provisions shall continue in full force and effect, thereby preserving the underlying intentions of the parties as stated herein.

Governing Law:

These Terms and any dispute or claim arising out of, or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms or our Services shall be instituted exclusively in the courts of the State of Wisconsin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

These Terms are the entire agreement between you and Mathews.  You agree that Mathews may assign or transfer these Terms, in whole or in part, in its sole discretion. You agree that you are not entitled to assign or transfer these Terms or any of your rights or obligations to any third party without the prior written consent of Mathews.

Waiver

A failure by either party to enforce its rights under these Terms or to act upon any breach of these Terms does not constitute a waiver of those rights or any future breaches. Any waiver of rights must be specified in writing and signed by the waiving party. A waiver or non-enforcement of any term or condition on one occasion cannot be construed as a waiver of any other term or condition, nor will it constitute a waiver on any subsequent occasion.

Changes to These Terms:

Mathews reserves the right, at its sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

Contact Us:

If you have any questions about these Terms, please contact us at customersupport@mathewsinc.com.

Effective: November 1, 2023