Terms and Conditions for using Action Archery’s Booking Engine Service

Terms of Service

This Agreement between Action Archery, a United States of America Limited Liability Corporation  (hereinafter “Action Archery”) and You where both parties agree to the following terms and conditions. You acknowledge that by creating an account with Action Archery and continuing to use the Action Archery Booking Engine service (“Service”) you are agreeing to be bound by these terms and conditions (“Terms of Service”).  Any new features or tools which are added to the current Service shall be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at https://bookings.theactionarchery.com/terms-and-conditions-for-using-action-archerys-booking-engine-service.   Action Archery reserves the right to update and change the Terms of Service by posting updates and changes to the Action Archery website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with, and accept all of the terms and conditions contained in these Terms of Service before you may become a member of Action Archery or continue to use the Action Archery Booking Engine service.

Account Terms:

  1. You must be 18 years or older to use this Service.
  2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.  Accounts with false or incomplete information will result in immediate termination and permanent deletion of your account and all contents.
  3. You are responsible for keeping your password secure. Action Archery cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  4. You may not use the Action Archery Booking Engine service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any pre-existing agreements (including but not limited to geographical exclusivity) or laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States of America.
  5. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Action Archery account.
  6. You must not transmit any worms or viruses or any code of a destructive nature.
  7. A breach or violation of any of the Account Terms as determined in the sole discretion of Action Archery will result in an immediate termination of your services and permanent deletion of your account and all contents.  Any money held in escrow for the vendor will be returned in full to the vendor’s customer.

General Conditions:

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We reserve the right to suspend your account should your use of the Service affect the overall performance of the Service or our ability to deliver the Service.
  4. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  5. Action Archery does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  6. Action Archery does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  7. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  8. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  9. Action Archery does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  10. You expressly understand and agree that Action Archery shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  11. In no event shall Action Archery or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference or your violation of any law or the rights of a third party.
  12. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
  13. You agree not to hide or otherwise obstruct the “© 2015-2017. Action Archery Booking Engine All rights are reserved.” mark by any means.
  14. You agree that the relationship and interaction including but not limited to pricing, the use of the system, customer service communications both verbal and electronic, and support tickets between you and Action Archery are considered confidential and private.  You agree not to share the details of any relationship and interaction between you and Action Archery and that you shall not disclose these interactions, or any portion therein, to any third party, service provider, competitor, or website, either publicly or privately.  Failure to comply with such terms will result in immediate account termination.  Such behavior may also result in legal action.
  15. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Action Archery customer, Action Archery employee, member, or officer will result in immediate account termination.
  16. We do not claim any intellectual property rights over the material you provide to the Action Archery Booking Engine service. All material you upload remains yours. You can close your Action Archery membership at any time by sending a request to close your account to support@theactionarchery.com. This will also remove all content you have stored on the Service.
  17. By uploading images and item description content to bookings.TheActionArchery.com, you agree to allow other internet users to view them and you agree to allow Action Archery to display and store them and you agree that Action Archery can, at any time and at its sole discretion, review all the content submitted by you to its Service.
  18. You retain ownership over all content that you submit to Action Archery, however, by making your website public, you agree to allow others to view your content.
  19. Action Archery does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
  20. The failure of Action Archery to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Action Archery and govern your use of the Service, superseding any prior agreements between you and Action Archery (including, but not limited to, any prior versions of the Terms of Service).
  21. Questions about the Terms of Service should be submitted via the Action Archery contact form.

Payment of Fees:

  1. A valid Paypal Account or valid bank ACH information are required for all activated accounts.
  2. The service will be billed based on bookings (pending and received) made during the calendar month. The booking value will be based on the total bookings less cancellations during the calendar month.
  3. Total bookings are based on the total booking amount displayed to the customer including all additional charges, taxes, fees, and extras.
  4. The service will be billed on a per booking basis. All money charged to your customer will be held in escrow until the date of the event has passed and the scheduled event has been completed.  At which time, you may submit a request for a payout minus any applicable fees.  Currently, the fee is set at 5% for service use, plus a 2% payment processing fee.  Or, 7% of revenue generated.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes.
  6. In the event that cancellations should result in a negative amount owing on your account, this credit may only be applied to future service fees and is non-refundable and non-redeemable for cash.
  7. Balances on accounts with no booking activity for six months or more may be removed at our discretion.
  8. You understand that payment is for services already rendered, therefore Action Archery does not provide refunds.

Cancellation and Termination:

  1. You may cancel your account at any time by emailing support@theactionarchery.com
  2. Once your account is canceled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  3. If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again. Action Archery does not refund outstanding credits.
  4. Fraud: Without limiting any other remedies, Action Archery may, at its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. Should fraud be suspected and should Action Archery believe that consumers may be at risk, Action Archery may, at its sole discretion, contact consumers who have used your Action Archery account for the purposes of completing a booking and notify them of the potential risk.
  5. Cancellation Fraud: Without limiting any other remedies, Action Archery will suspend or terminate your account if we suspect that you have engaged in fraudulent activity, including but not limited to canceling bookings or reducing the face value of bookings to zero for the express purpose of avoiding service fees. Such behavior will result in legal action.

Modifications to the Service and Prices:

  1. Prices for using Action Archery are subject to change upon 14 days notice from Action Archery. Such notice may be provided at any time by posting the changes to the Action Archery Site (TheActionArchery.com).
  2. Action Archery reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
  3. Action Archery shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Choice of Law

  1. You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of The United States of America and that any action arising out of this Agreement shall be litigated and enforced under the laws of The United States of America. In addition, you agree to submit to the jurisdiction of the courts of the state of Florida, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the state of Florida.  You also agree that before any legal action is taken that you will attempt mediation/arbitration with an arbitrator of Action Archery’s choosing to be conducted in the state of Florida.