Extreme Outdoors Fishing Tackle on Table Rock Lake

Terms & Conditions

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Version Date: August 28, 2023

This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy

(https://extremeoutdoors.us/products/pages/privacy-policy), constitutes a legally binding agreement made

between you, whether personally or on behalf of an entity (“user” or “you”) and Power-Stat, LLC dba

Extreme Outdoors and its affiliated companies, Websites, applications and tools (collectively, Power-Stat,

LLC dba Extreme Outdoors, “Company” or “we” or “us” or “our”), concerning your access to and use of

the extremeoutdoors.us Website(s) as well as any other media form, media channel, mobile website or

mobile application related or connected thereto (collectively, the “Sites”). The Sites provide the following

service: Outdoor Retail Sales (“Company Services”). Supplemental terms and conditions or documents

that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement

by reference.

Company makes no representation that the Sites is appropriate or available in other locations other than

where it is operated by Company. The information provided on the Sites is not intended for distribution to

or use by any person or entity in any jurisdiction or country where such distribution or use would be

contrary to law or regulation or which would subject Company to any registration requirement within such

jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do

so on their own initiative and are solely responsible for compliance with local laws, if and to the extent

local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have

the permission of, and be directly supervised by, their parent or guardian to use the Sites. If you are a

minor, you must have your parent or guardian read and agree to this Agreement prior to you using the

Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company

Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH

ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY

CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR

TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT

USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.

PURCHASES; PAYMENT

Power-Stat, LLC dba Extreme Outdoors may offer free trial or sample of our products or services. The

duration of the free trial period and all other details of the offer will be posted on our Sites If you wish to

try our free options please read through them carefully first. Power-Stat, LLC dba Extreme Outdoors will

bill you through a payment provider for our Services. By using our paid options you agree to pay Power-

Stat, LLC dba Extreme Outdoors all charges at the prices then in effect for the products or services you or

other persons using your billing account may purchase, and you authorize Power-Stat, LLC dba Extreme

Outdoors to charge your chosen payment provider for any such purchases. You agree to make payment

using that selected payment method. If you have ordered a product or service that is subject to recurring

charges then you agree to us charging your payment method on a recurring basis, without requiring your

prior approval from you for each recurring charge until such time as you cancel the applicable product or

service. Power-Stat, LLC dba Extreme Outdoors reserves the right to correct any errors or mistakes in

pricing that it makes even if it has already requested or received payment. Sales tax will be added to the

sales price of purchases as deemed required by Company. Company may change prices at any time. All

payments shall be in U.S. dollars.

REFUND AND RETURN

For more information on our return and refund policy please visit:

https://extremeoutdoors.us/products/pages/privacy-policy.

USER REPRESENTATIONS

Regarding Your Registration

By using the Power-Stat, LLC dba Extreme Outdoors Services, you represent and warrant that:

A. all registration information you submit is truthful and accurate;

B. you will maintain the accuracy of such information;

C. you will keep your password confidential and will be responsible for all use of your password and

account;

D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental

permission to use our Sites; and

E. your use of the Company Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as

prompted by the Sites' registration form and (b) maintain and promptly update registration data to keep it

true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current

or incomplete, or Company has reasonable grounds to suspect that such information is untrue,

inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and

refuse any and all current or future use of the Sites (or any portion thereof).

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate

in our discretion, such as when the user name is obscene or otherwise objectionable or when a

trademark owner complains about a username that does not closely relate to a user's actual name.

Regarding Content You Provide

We may invite you to chat or participate in blogs, message boards, online forums and other functionality

and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish,

distribute or broadcast content and materials to our Sites and/or to or via the Sites' forms, emails, chat

agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics,

comments, suggestions or personally identifiable information or other material (collectively

"Contributions"). Any Contributions you transmit to Power-Stat, LLC dba Extreme Outdoors will be treated

as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby

represent and warrant that:

A. the creation, distribution, transmission, public display and performance, accessing, downloading

and copying of your Contribution does not and will not infringe the proprietary rights, including but not

limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and

permissions to use and to authorize Power-Stat, LLC dba Extreme Outdoors and the Sites' users to

use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

C. you have the written consent, release, and/or permission of each and every identifiable individual

person in the Contribution to use the name or likeness of each and every such identifiable individual

person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;

D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise

objectionable (as determined by Power-Stat, LLC dba Extreme Outdoors), libelous or slanderous,

does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent

overthrow of any government, does not incite, encourage or threaten physical harm against another,

does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity

rights of any third party;

E. your Contribution does not contain material that solicits personal information from anyone under 18

or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or

state law concerning child pornography or otherwise intended to protect the health or well-being of

minors;

F. your Contribution does not include any offensive comments that are connected to race, national

origin, gender, sexual preference or physical handicap;

G. your Contribution does not otherwise violate, or link to material that violates, any provision of this

Agreement or any applicable law or regulation.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your

account to any of your social network accounts, you automatically grant, and you represent and warrant

that you have the right to grant, to Power-Stat, LLC dba Extreme Outdoors an unrestricted, unconditional,

unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and

license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,

cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and

distribute such Contributions (including, without limitation, your image and voice) for any purpose,

commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works,

such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may

occur in any media formats and through any media channels. Such use and distribution license will apply

to any form, media, or technology now known or hereafter developed, and includes our use of your name,

company name, and franchise name, as applicable, and any of the trademarks, service marks, trade

names and logos, personal and commercial images you provide. Company does not assert any

ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in

this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or

other proprietary rights associated with your Contributions. We will not use your contribution in a way that

infringes on your rights and always process your personal information lawfully and with your consent.

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any

Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) prescreen

or delete any Contributions that are determined to be inappropriate or otherwise in violation of this

Agreement.

By uploading your Contributions to the Sites, you hereby authorize Company to grant to each end user a

personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access,

download, print and otherwise use your Contributions for their internal purposes and not for distribution,

transfer, sale or commercial exploitation of any kind.

MOBILE APPLICATION LICENSE

Use License

If you are accessing the Power-Stat, LLC dba Extreme Outdoors Services via a mobile application, then

Power-Stat, LLC dba Extreme Outdoors grants you a revocable, non-exclusive, non-transferable, limited

right to install and use the application on wireless handsets owned and controlled by you, and to access

and use the application on such devices strictly in accordance with the terms and conditions of this

license. You shall use the application strictly in accordance with the terms of this license and shall not: (a)

decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the

application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative

work from the application; (c) violate any applicable laws, rules or regulations in connection with your

access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice

of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the

application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other

purpose for which it is not designed or intended; (f) make the application available over a network or other

environment permitting access or use by multiple devices or users at the same time; (g) use the

application for creating a product, service or software that is, directly or indirectly, competitive with or in

any way a substitute for the application; (h) use the application to send automated queries to any Sites or

to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Power-

Stat, LLC dba Extreme Outdoors or other intellectual property of Power-Stat, LLC dba Extreme

Outdoors in the design, development, manufacture, licensing or distribution of any applications,

accessories or devices for use with the application.

Terms Applicable to Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or

Google Play to access the Power-Stat, LLC dba Extreme Outdoors Services. You acknowledge that this

Agreement is concluded between you and Power-Stat, LLC dba Extreme Outdoors only, and not with

Apple Inc. or Google, Inc. (each an “App Distributor”), and Power-Stat, LLC dba Extreme Outdoors, not

an App Distributor, is solely responsible for the Power-Stat, LLC dba Extreme Outdoors application and

the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Power-Stat, LLC dba

Extreme Outdoors application is limited to a non-transferable license to use the Power-Stat, LLC dba

Extreme Outdoors application on a device that utilizes the Apple iOS or Android operating system, as

applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of

service. (2) MAINTENANCE AND SUPPORT: Power-Stat, LLC dba Extreme Outdoors is solely

responsible for providing any maintenance and support services with respect to the Power-Stat, LLC dba

Extreme Outdoors application, as specified in this Agreement, or as required under applicable law. You

acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and

support services with respect to the Power-Stat, LLC dba Extreme Outdoors application. (3) WARRANTY:

Power-Stat, LLC dba Extreme Outdoors is solely responsible for any product warranties, whether express

or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Power-Stat,

LLC dba Extreme Outdoors application to conform to any applicable warranty, you may notify an App

Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase

price, if any, paid for the Power-Stat, LLC dba Extreme Outdoors application, and to the maximum extent

permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with

respect to the Power-Stat, LLC dba Extreme Outdoors application, and any other claims, losses,

liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be

Power-Stat, LLC dba Extreme Outdoors sole responsibility. (4) PRODUCT CLAIMS: You acknowledge

that Power-Stat, LLC dba Extreme Outdoors, not an App Distributor, is responsible for addressing any

claims of yours or any third party relating to the Power-Stat, LLC dba Extreme Outdoors application or

your possession and/or use of the Power-Stat, LLC dba Extreme Outdoors application, including, but not

limited to: (i) product liability claims; (ii) any claim that the Power-Stat, LLC dba Extreme

Outdoors application fails to conform to any applicable legal or regulatory requirement; and (iii) claims

arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You

acknowledge that, in the event of any third party claim that the Power-Stat, LLC dba Extreme

Outdoors application or your possession and use of the Power-Stat, LLC dba Extreme Outdoors

application infringes a third party’s intellectual property rights, the App Distributor will not be responsible

for the investigation, defense, settlement and discharge of any such intellectual property infringement

claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that

is subject to a U.S. government embargo, or that has been designated by the U.S. government as a

“terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or

restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third

party terms of agreement when using the Power-Stat, LLC dba Extreme Outdoors application, e.g., if you

have a VoIP application, then you must not be in violation of their wireless data service agreement when

using the Power-Stat, LLC dba Extreme Outdoors application. (8) THIRD PARTY BENEFICIARY: Power-

Stat, LLC dba Extreme Outdoors and you acknowledge and agree that the App Distributors, and their

subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms

and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have

accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Sites, you may link your account with online accounts you may have with

third party service providers (each such account, a “Third Party Account”) by either: (i) providing your

Third Party Account login information through the Sites; or (ii) allowing Power-Stat, LLC dba Extreme

Outdoors to access your Third Party Account, as is permitted under the applicable terms and conditions

that govern your use of each Third Party Account. You represent that you are entitled to disclose your

Third Party Account login information to Power-Stat, LLC dba Extreme Outdoors and/or grant Power-Stat,

LLC dba Extreme Outdoors access to your Third Party Account (including, but not limited to, for use for

the purposes described herein), without breach by you of any of the terms and conditions that govern

your use of the applicable Third Party Account and without obligating Power-Stat, LLC dba Extreme

Outdoors to pay any fees or making Power-Stat, LLC dba Extreme Outdoors subject to any usage

limitations imposed by such third party service providers. By granting Power-Stat, LLC dba Extreme

Outdoors access to any Third Party Accounts, you understand that (i) Power-Stat, LLC dba Extreme

Outdoors may access, make available and store (if applicable) any content that you have provided to and

stored in your Third Party Account (the “Social Network Content”) so that it is available on and through

the Sites via your account, including without limitation any friend lists, and (ii) Power-Stat, LLC dba

Extreme Outdoors may submit and receive additional information to your Third Party Account to the

extent you are notified when you link your account with the Third Party Account. Depending on the Third

Party Accounts you choose and subject to the privacy settings that you have set in such Third Party

Accounts, personally identifiable information that you post to your Third Party Accounts may be available

on and through your account on the Sites. Please note that if a Third Party Account or associated service

becomes unavailable or Power-Stat, LLC dba Extreme Outdoors access to such Third Party Account is

terminated by the third party service provider, then Social Network Content may no longer be available on

and through the Sites. You will have the ability to disable the connection between your account on the

Sites and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH

THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS

GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

Power-Stat, LLC dba Extreme Outdoors makes no effort to review any Social Network Content for any

purpose, including but not limited to, for accuracy, legality or non-infringement, and Power-Stat, LLC dba

Extreme Outdoors is not responsible for any Social Network Content. You acknowledge and agree that

Power-Stat, LLC dba Extreme Outdoors may access your e-mail address book associated with a Third

Party Account and your contacts list stored on your mobile device or tablet computer solely for the

purposes of identifying and informing you of those contacts who have also registered to use the Sites. At

your request made via email to our email address listed below, or through your account settings (if

applicable), Power-Stat, LLC dba Extreme Outdoors will deactivate the connection between the Sites and

your Third Party Account and delete any information stored on Power-Stat, LLC dba Extreme

Outdoors servers that was obtained through such Third Party Account, except the username and profile

picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other

information about the Sites or the Power-Stat, LLC dba Extreme Outdoors Services ("Submissions")

provided by you to Power-Stat, LLC dba Extreme Outdoors are non-confidential and Power-Stat, LLC dba

Extreme Outdoors (as well as any designee of Company) shall be entitled to the unrestricted use and

dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment

or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Sites for any other purpose other than that for which Power-Stat, LLC dba

Extreme Outdoors makes it available. The Sites may not be used in connection with any commercial

endeavors except those that are specifically endorsed or approved by Power-Stat, LLC dba Extreme

Outdoors. Prohibited activity includes, but is not limited to:

A. attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites,

or any portion of the Sites

B. attempting to impersonate another user or person or using the username of another user

C. criminal or tortious activity

D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or

in any way making up a part of the Sites

E. deleting the copyright or other proprietary rights notice from any Sites' content

F. engaging in any automated use of the system, such as using any data mining, robots or similar data

gathering and extraction tools

G. except as may be the result of standard search engine or Internet browser usage, using or

launching, developing or distributing any automated system, including, without limitation, any spider,

robot (or "bot"), cheat utility, scraper or offline reader that accesses the Sites, or using or launching

any unauthorized script or other software

H. harassing, annoying, intimidating or threatening any Company employees or agents engaged in

providing any portion of the Company Services to you

I. interfering with, disrupting, or creating an undue burden on the Sites or the networks or services

connected to the Sites

J. making any unauthorized use of the Company Services, including collecting usernames and/or

email addresses of users by electronic or other means for the purpose of sending unsolicited email, or

creating user accounts by automated means or under false pretenses

K. selling or otherwise transferring your profile

L. systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly,

a collection, compilation, database or directory without written permission from Company

M. tricking, defrauding or misleading Company and other users, especially in any attempt to learn

sensitive account information such as passwords

N. using any information obtained from the Sites in order to harass, abuse, or harm another person

O. using the Company Services as part of any effort to compete with Company or to provide services

as a service bureau

P. using the Sites in a manner inconsistent with any and all applicable laws and regulations

INTELLECTUAL PROPERTY RIGHTS

The content on the Sites (“Power-Stat, LLC dba Extreme Outdoors Content”) and the trademarks, service

marks and logos contained therein (“Marks”) are owned by or licensed to Power-Stat, LLC dba Extreme

Outdoors, and are subject to copyright and other intellectual property rights under United States and

foreign laws and international conventions. Power-Stat, LLC dba Extreme Outdoors Content, includes,

without limitation, all source code, databases, functionality, software, Sites' designs, audio, video, text,

photographs and graphics. All Power-Stat, LLC dba Extreme Outdoors graphics, logos, designs, page

headers, button icons, scripts and service names are registered trademarks, common law trademarks or

trade dress of Power-Stat, LLC dba Extreme Outdoors in the United States and/or other countries.

Power-Stat, LLC dba Extreme Outdoors trademarks and trade dress may not be used, including as part

of trademarks and/or as part of domain names, in connection with any product or service in any manner

that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the

prior written permission of the Power-Stat, LLC dba Extreme Outdoors.

Power-Stat, LLC dba Extreme Outdoors Content on the Sites is provided to you “AS IS” for your

information and personal use only and may not be used, copied, reproduced, aggregated, distributed,

transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes

whatsoever without the prior written consent of the respective owners. Provided that you are eligible to

use the Sites, you are granted a limited license to access and use the Sites and the Power-Stat, LLC dba

Extreme Outdoors Content and to download or print a copy of any portion of the Power-Stat, LLC dba

Extreme Outdoors Content to which you have properly gained access solely for your personal, noncommercial

use. Power-Stat, LLC dba Extreme Outdoors reserves all rights not expressly granted to you

in and to the Sites and Power-Stat, LLC dba Extreme Outdoors Content and Marks.

THIRD PARTY WEBSITES AND CONTENT

The Sites contains (or you may be sent through the Sites or the Power-Stat, LLC dba Extreme Outdoors

Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics,

pictures, designs, music, sound, video, information, applications, software and other content or items

belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and

Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or

completeness by us, and we are not responsible for any Third Party accessed through the Sites or any

Third Party Content posted on, available through or installed from the Sites, including the content,

accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the

Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation

of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof

by us. If you decide to leave the Sites and access the Third Party Websites or to use or install any Third

Party Content, you do so at your own risk and you should be aware that our terms and policies no longer

govern. You should review the applicable terms and policies, including privacy and data gathering

practices, of any websites to which you navigate from the Sites or relating to any applications you use or

install from the Sites. Any purchases you make through Third Party Websites will be through other

websites and from other companies, and Power-Stat, LLC dba Extreme Outdoors takes no responsibility

whatsoever in relation to such purchases which are exclusively between you and the applicable third

party.

SITE MANAGEMENT

Power-Stat, LLC dba Extreme Outdoors reserves the right but does not have the obligation to:

A. monitor the Sites for violations of this Agreement;

B. take appropriate legal action against anyone who, in Power-Stat, LLC dba Extreme Outdoors sole

discretion, violates this Agreement, including without limitation, reporting such user to law enforcement

authorities;

C. in Power-Stat, LLC dba Extreme Outdoors sole discretion and without limitation, refuse, restrict

access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or

any portion thereof that may violate this Agreement or any Power-Stat, LLC dba Extreme Outdoors

policy;

D. in Company’s sole discretion and without limitation, notice or liability to remove from the Sites or

otherwise disable all files and content that are excessive in size or are in any way burdensome to

Power-Stat, LLC dba Extreme Outdoors 's systems;

E. otherwise manage the Sites in a manner designed to protect the rights and property of Power-Stat,

LLC dba Extreme Outdoors and others and to facilitate the proper functioning of the Sites.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or

member of the Sites, as applicable. You may terminate your use or participation at any time, for any

reason, by following the instructions for terminating user accounts in your account settings, if available, or

by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE

RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY

ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY

REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY

APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR

PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY

CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN

COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Sites and Company Services, Company reserves the right at any

time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive

the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to

fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,

WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S

THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS

AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING

NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS

AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO

INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for any reason, you are prohibited from registering and

creating a new account under your name, a fake or borrowed name, or the name of any third party, even

if you may be acting on behalf of the third party. In addition to terminating or suspending your account,

Company reserves the right to take appropriate legal action, including without limitation pursuing civil,

criminal, and injunctive redress.

MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be

posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this

Agreement when you use the Company Services after any such modification becomes effective.

Company may also, in its discretion, choose to alert all users with whom it maintains email information of

such modifications by means of an email to their most recently provided email address. It is therefore

important that you regularly review this Agreement and keep your contact information current in your

account settings to ensure you are informed of changes. You agree that you will periodically check the

Sites for updates to this Agreement and you will read the messages we send you to inform you of any

changes. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the

Company Services (or any part thereof) with or without notice. You agree that Company shall not be

liable to you or to any third party for any modification, suspension or discontinuance of the Company

Services.

DISPUTES

Between Users

If there is a dispute between users of the Sites, or between users and any third party, you understand and

agree that Company is under no obligation to become involved. In the event that you have a dispute with

one or more other users, you hereby release Company, its officers, employees, agents and successors in

rights from claims, demands and damages (actual and consequential) of every kind or nature, known or

unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to

such disputes and/or the Company Services.

With Company

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or

relating to Sites or the Company Services shall be governed and construed by the laws of the State of

Missouri, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against

Company arising out of or related in any respect to this Sites and the Company Services shall be brought

solely in either the applicable federal or state courts located in or with jurisdiction over Stone County,

State of Missouri; subject, however, to the right of Company, at the Company's sole discretion, to bring an

action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of

proprietary or other third party rights (or any similar cause of action) in any applicable court in any

jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any

challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of

the United Nations Convention on Contracts for the International Sale of Goods is excluded from this

Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is

excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any

way to the Sites and/or the Company Services (including your visit to or use of the Sites and/or the

Company Services) be instituted more than two (2) years after the cause of action arose. You will be

liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.

CORRECTIONS

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or

omissions that may relate to service descriptions, pricing, availability, and various other information.

Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the

information at any time, without prior notice.

DISCLAIMERS

Company cannot control the nature of all of the content available on the Sites. By operating the Sites,

Company does not represent or imply that Company endorses any blogs, contributions or other content

available on or linked to by the Sites, including without limitation content hosted on third party websites or

provided by third party applications, or that Company believes contributions, blogs or other content to be

accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise

objectionable content you may encounter on the Sites or in connection with any contributions. The

Company is not responsible for the conduct, whether online or offline, of any user of the Sites or

Company Services.

YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE

RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS,

EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN

CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF,

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES

OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT

OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR

RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND

MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED

ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL

INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION

OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY

BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR

THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY

CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A

RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE

AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR

ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A

THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY

BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY

BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY

PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR

SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST

JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO

YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,

INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,

LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY

SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY

TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,

WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE

COMPANY SERVICES DURING THE PERIOD OF THREE MONTHS PRIOR TO ANY CAUSE OF

ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE

EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR

ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY

HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,

WHICH SAYS: "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 defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective

officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or

demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out

of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement

and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing,

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter

for which you are required to indemnify Company, and you agree to cooperate, at your expense, with

Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim,

action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the

address listed in the contact information below. Any notices given to you shall be given to the email

address you provided during the registration process, or such other address as each party may specify.

Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending

party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the

Company Services, as well as data relating to your use of the Company Services. Although we perform

regular routine backups of data, you are primarily responsible for all data that you have transferred or that

relates to any activity you have undertaken using the Company Services. You agree that Company shall

have no liability to you for any loss or corruption of any such data, and you hereby waive any right of

action against Company arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make

transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS

CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH

AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY

ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU

ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION,

POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records,

you may be required to have certain hardware and software, which are your sole responsibility.

ELECTRONIC SIGNATURES

Users are allowed on Extreme Outdoors to transmit and receive valid electronic signatures in the United

States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and

the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’

signatures and identities are not authenticated on Extreme Outdoors.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company regarding the use of the

Company Services. The failure of Company to exercise or enforce any right or provision of this

Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement

are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest

extent permissible by law. This Agreement and your account may not be assigned by you without our

express written consent. Company may assign any or all of its rights and obligations to others at any time.

Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any

cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is

unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this

Agreement and does not affect the validity and enforceability of any remaining provisions. There is no

joint venture, partnership, employment or agency relationship created between you and Company as a

result of this Agreement or use of the Sites and Company Services. Upon Company’s request, you will

furnish Company any documentation, substantiation or releases necessary to verify your compliance with

this Agreement. You agree that this Agreement will not be construed against Company by virtue of having

drafted them. You hereby waive any and all defenses you may have based on the electronic form of this

Agreement and the lack of signing by the parties hereto to execute this Agreement.

In order to resolve a complaint regarding the Company Services or to receive further information

regarding use of the Company Services, please contact Company as set forth below or, if any complaint

with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at

400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

Power-Stat, LLC dba Extreme Outdoors

16957 State Hwy 13

Branson West, MO 65737

Email: info@extremeoutdoors.us

Phone: 417-272-0305

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