1. Who We Are

1.1  This website is operated by Sports Club Purchasing Group LLC, a Mississippi limited liability company with its principal place of business at 230 Highpoint Drive, Ridgeland, Mississippi 39157 ("Sports Club," "we," "us" or "our"). You can reach us at support@sportsclub.store or (601) 707-6535, 9:00 a.m. – 4:00 p.m. Central.

1.2  "Site" means www.sportsclub.store and every page, feature, tool and service we make available through it. "Service" means the Site together with the sale and delivery of our products. "You" means the person using the Site or placing an order.

1.3  Our Site is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell to you.

1.4  How we source what we sell. We are an authorized dealer for a limited number of manufacturers. The large majority of the products offered on the Site are shipped to you directly from the warehouses of third-party distributors with whom we have supply arrangements. We do not take physical possession of those goods, we do not open, repackage, relabel, assemble, modify or test them, and we do not design or manufacture any product we sell. Sections 9.3 and 20.2 explain what that means for warranties and liability.

1.5  Firearms are not sold on this Site. Sports Club does not sell firearms through www.sportsclub.store. Firearm transactions are conducted on a separate website, www.sportsclub.shop, which operates on a different platform, is subject to its own separate terms, conditions and privacy policy, and completes every transfer through a licensed dealer in accordance with federal and state law. These Terms do not govern www.sportsclub.shop, and nothing on this Site is an offer to sell a firearm.

1.6  These Terms are a binding legal contract between you and Sports Club Purchasing Group LLC. By browsing the Site, creating an account, or placing an order, you accept them. If you do not accept them, do not use the Site.

2. The Documents That Make Up Our Agreement

2.1  Our agreement with you consists of these Terms together with: our Returns, Refunds and Exchanges Policy; our Privacy Policy; our Shipping Policy and Shipping Restrictions list; any terms shown on a specific product page or at checkout; and your order confirmation. Each is incorporated into these Terms by reference.

2.2  Order of precedence. If these documents conflict, they control in this order:

▪      A separate written agreement signed by an authorized representative of Sports Club;

▪      Terms displayed on a specific product page or at checkout for that item;

▪      The Returns, Refunds and Exchanges Policy, on any question of returns, refunds, exchanges, shipping damage or carrier claims;

▪      These Terms of Service;

▪      Any other policy posted on the Site.

2.3  Nothing in these Terms gives us a right that the Returns, Refunds and Exchanges Policy denies us, and nothing in these Terms limits a right that Policy gives you. Where the two can be read together, they are to be read together.

3. Eligibility and Age

3.1  You must be at least 18 years old to create an account or place an order. By ordering, you represent that you are 18 or older and have the legal capacity to enter into this contract. Mississippi generally sets the age of majority at twenty-one under Miss. Code Ann. § 1-3-27, while treating a person eighteen or older as competent to contract with respect to property; we require a minimum of 18 and reserve the right to require 21 wherever the law or the product demands it.

3.2  Ammunition carries its own age minimums — 18 for rifle and shotgun ammunition and 21 for handgun ammunition — which we verify before shipment. See Section 8.

3.3  The Site is not directed to children. We do not knowingly collect personal information from anyone under 13. If you permit a minor in your household to use your account, you are responsible for everything done through it.

3.4  By ordering, you further represent that you are not barred by any law from purchasing, receiving or possessing what you have ordered, and that you do not appear on any U.S. government denied-party, debarred or restricted-party list.

4. Your Account

4.1  You agree to provide current, complete and accurate account, billing and shipping information, and to keep it up to date — including your email address, mobile number, card number and expiration date — so that we can complete your orders and reach you when we need to.

4.2  You are responsible for keeping your password confidential and for all activity that occurs under your account, whether or not you authorized it. Tell us immediately at support@sportsclub.store if you believe your account has been compromised.

4.3  Accounts are for individual use. Do not share credentials, create accounts by automated means, or maintain multiple accounts to evade purchase limits.

4.4  We may suspend or close an account under Section 26.

5. Orders, Acceptance and Pricing

5.1  Your order is an offer to buy, not a completed sale. No contract of sale is formed until we send you a shipping confirmation, and then only for the items identified in that confirmation. An order confirmation or acknowledgment email confirms that we received your order; it is not acceptance of it.

5.2  A payment authorization is not acceptance. We may authorize or place a hold on your payment method before deciding whether to accept an order. If we do not accept, we release the authorization or refund the charge.

5.3  We may refuse, limit or cancel any order, in whole or in part, in our sole discretion — including where we suspect fraud, where an order appears to be placed by a dealer, reseller or distributor, where quantity limits apply, where a product or price was listed in error, where the item is unavailable at our distributor, where the destination is restricted, or where age or identity verification fails. If we cancel after charging you, we refund the cancelled portion in full and promptly, with no fee of any kind.

5.4  Pricing and description errors. Despite our care, items on the Site are occasionally mispriced, misdescribed, or shown with the wrong image, specification or availability. We are not obligated to sell any product at an incorrect price, even after you have placed an order and received an acknowledgment. Where a price or description is wrong, we will cancel the order and refund you in full, or contact you with the correct information so you can decide whether to proceed. A price that is obviously erroneous is not an offer we are bound to honor.

5.5  Limits. We may limit or prohibit quantities purchased per person, per household, per payment method, per address or per order, and may apply those limits across accounts that appear to be related. We may refuse orders that appear intended for resale.

5.6  Prices and taxes. Prices are in U.S. dollars, exclude shipping, handling, hazardous-materials and oversize charges, and exclude sales, use and other taxes unless expressly stated. Prices are subject to change at any time before we accept your order. We collect Mississippi sales tax and any other tax we are required to collect.

5.7  Payment. By submitting payment information you represent that you are authorized to use the payment method and that the information is accurate. Payments are processed by Shopify and its payment partners under their own terms; we do not receive or store your full payment card number.

6. Shipping, Title and Risk of Loss

6.1  Orders may ship from several places. Because most products are shipped directly from distributor warehouses, a single order may arrive in multiple shipments, from multiple locations, on different days, with separate tracking. Shipping charges are calculated for the order as a whole and are not multiplied by the number of shipments.

6.1a  We ship within the United States only. We do not ship internationally, and we do not ship to freight forwarders, mail-forwarding services, reshippers or third-party consolidators. Certain products cannot be shipped to post office boxes or to jurisdictions on our Shipping Restrictions list.

6.2  Delivery dates and transit times are estimates, not guarantees. Where we cannot ship within the time stated — or, if no time is stated, within 30 days after we receive your properly completed order — we will notify you, offer a revised date, and give you the right to cancel for a full and prompt refund, consistent with the Federal Trade Commission’s Mail, Internet, or Telephone Order Merchandise Rule, 16 C.F.R. Part 435, and with Section 8.3 of our Returns Policy.

6.3  Title and risk of loss pass to you when the carrier delivers the goods to the address you provided. This is consistent with Miss. Code Ann. § 75-2-509(3), under which risk of loss passes to the buyer on receipt of the goods where the seller is a merchant. On merchandise you ship back to us, risk of loss remains with you until we physically receive it.

6.4  Shipping damage, loss and carrier claims are governed by Section 10 of our Returns Policy. In short: a carrier accepts a claim only from the shipper of record, which on a directly shipped item is our distributor rather than us — but we open and pursue the claim for you either way, and you deal only with us. In exchange, you must report damage or loss on the deadlines stated there, preserve all packaging until the claim closes, provide photographs, and sign any carrier-required statement. On returns you ship, you are the shipper and the claim is yours.

6.5  Ammunition shipments require an adult signature at delivery and may carry a hazardous-materials surcharge.

7. Returns, Refunds and Exchanges

7.1  Returns are governed exclusively by our Returns, Refunds and Exchanges Policy, which is incorporated into these Terms. Please read it before you order. In summary: a 10-day return window from delivery; proof of purchase on every return; items priced $50.00 or less are Final Sale; items over $50.00 are returnable less a 20% restocking fee; and ammunition, propellants, primers, flares and aerosols are never returnable for safety and federal transportation reasons.

7.2  Those limits do not apply to merchandise that arrives damaged, is defective, is not what you ordered, is missing, or was never shipped, and they do not apply to a recalled product. Section 8 of the Returns Policy governs those situations, it controls over every other part of that Policy, and nothing in these Terms narrows it.

8. Ammunition and Other Regulated Products

8.1  No firearms are sold on this Site. As stated in Section 1.5, firearm transactions are conducted only on our separate site at www.sportsclub.shop, under separate terms, and are completed through a licensed dealer. On this Site we sell ammunition, ammunition components and related regulated goods, which carry the obligations in this Section.

8.2  Age. You must be at least 18 to purchase rifle or shotgun ammunition and at least 21 to purchase handgun ammunition. We verify age before shipment and may require government-issued identification or additional proof. Ammunition ships only with an adult signature required at delivery.

8.3  Destination. We do not ship ammunition or ammunition components to any state, county, municipality or ZIP code on our Shipping Restrictions list, maintained at www.sportsclub.store/shipping-restrictions. Some jurisdictions additionally require a permit, license, identification card or in-person transfer through a licensed dealer. Any offer on the Site is void where prohibited.

8.4  Your representations. Each time you order a regulated product, you represent and warrant that:

▪      You meet the applicable age minimum and can prove it;

▪      You are not a person prohibited from shipping, transporting, receiving or possessing ammunition under 18 U.S.C. § 922(g) or under any other federal, state or local law;

▪      You are purchasing for your own lawful use, and not for resale and not on behalf of or for delivery to another person — you will not make a straw purchase;

▪      Delivery to the address you have given is lawful in that jurisdiction, and you hold any permit, license or card that jurisdiction requires;

▪      You will comply with all laws governing the transport, storage and use of what you buy, will store it securely and away from minors and prohibited persons, and will follow the manufacturer’s instructions.

8.5  No export. You will not export or re-export any product purchased from us, and you will not arrange for its delivery outside the United States, directly or through a forwarder.

8.6  No inbound hazardous shipments. Do not ship ammunition, primers, powder, flares, aerosols or any other hazardous material to us. Doing so may violate 49 C.F.R. Parts 171–180 and your carrier’s tariff. We will not accept such a shipment.

8.7  Our discretion and cooperation with authorities. We may decline, hold, verify or cancel any order we believe may be unlawful or may be intended for an unlawful purpose, and we may report suspected unlawful activity and cooperate with law enforcement. An order we cancel for these reasons is refunded in full, with no fee.

8.8  Indemnity. You will indemnify us as provided in Section 22 for any claim arising from your unlawful or negligent purchase, receipt, possession, storage, transfer or use of any regulated product, or from a misrepresentation you made under this Section.

9. Assumption of Risk and Safe Use

9.1  Hunting, shooting, boating, fishing, climbing and the use of elevated stands and flotation equipment are inherently dangerous activities that can result in serious injury, drowning, paralysis or death. No product and no policy eliminates that risk.

9.2  You voluntarily assume the risks of the activities in which you use our products, and you are responsible for your own training, certification, licensing, physical condition and judgment, and for weather, water and field conditions, seasons, limits and local regulations.

9.3  We are a retailer, not a manufacturer or designer. We do not design, manufacture, test or certify the products we sell, we do not control their design, packaging or labeling, and on the large majority of orders we never take possession of the goods at all — they move from the manufacturer to a distributor’s warehouse and from there directly to you. Under Miss. Code Ann. § 11-1-63(h), a seller who is not the manufacturer is not liable in a product liability action unless the seller exercised substantial control over the aspect of design, testing, manufacture, packaging or labeling that caused the harm, altered or modified the product in a way that was a substantial factor in causing the harm, or had actual or constructive knowledge of the defective condition when it supplied the product. We rely on that provision, and nothing in these Terms is an assumption of a manufacturer’s obligations. You agree to read and follow the manufacturer’s instructions, warnings, weight ratings, inspection schedules and retirement schedules for every product, and not to modify, repair or substitute components on safety equipment.

9.4  Life-safety equipment. Inspect treestands, ladder stands, climbing sticks, harnesses, lifelines, tethers and personal flotation devices before every use, and retire and replace any unit that has been loaded, deployed, damaged, exposed beyond its rating, or reached the end of the manufacturer’s service life. Wear a full-body harness attached to a lifeline at all times when your feet leave the ground. Wear your PFD.

9.5  Nothing in this Section, and nothing elsewhere in these Terms, limits any liability that cannot be limited under applicable law, including liability for death or personal injury caused by our own negligence, for our gross negligence, fraud or willful misconduct, or any implied warranty preserved by Section 20.3.

10. Product Information, Images and Availability

10.1  We work to display our products accurately, but colors, finishes and textures vary by monitor and device, dimensions and weights are approximate, and packaging changes without notice. We cannot guarantee that your display renders any color accurately.

10.2  Specifications, compatibility information and performance claims generally come from the manufacturer. We do not independently verify all of them. Confirm fit, rating and compatibility against the product itself and the manufacturer’s documentation before use.

10.3  The Site may contain typographical errors, inaccuracies or omissions relating to descriptions, pricing, promotions, shipping charges, transit times or availability. We may correct them, and may change or cancel affected orders under Section 5.4, at any time and without prior notice. Except as the law requires, we have no obligation to update information on the Site, and no update or refresh date should be read as indicating that everything on the Site has been reviewed.

10.4  Products may be limited in quantity, exclusive to the Site, or discontinued at any time. Availability shown on the Site generally reflects inventory reported to us by our distributors, which changes continuously and is not reserved for you until we accept your order. An item shown as available when you order may be sold out by the time your order reaches the warehouse. Where that happens we will tell you promptly and give you the choice of a revised ship date, a substitute, or cancellation with a full and prompt refund, as Section 6.2 of these Terms and Section 8.3 of our Returns Policy require.

10.5  Content on the Site is general information, not advice. Nothing on the Site is legal advice or a substitute for the regulations that govern hunting, fishing, boating or the possession of ammunition where you live. Verify licenses, seasons, limits, zones and equipment requirements with the Mississippi Department of Wildlife, Fisheries and Parks or the corresponding agency in your state before you rely on anything you read here.

11. Promotions, Discount Codes and Gift Cards

11.1  Discount codes are single-use unless stated otherwise, may not be combined, have no cash value, apply only to qualifying items, and may be modified, suspended or voided at any time — including where we detect misuse, resale or automated redemption.

11.2  Gift cards and electronic gift cards do not expire and carry no dormancy or inactivity fees, consistent with federal law. They are not redeemable for cash except where a law requires it, are Final Sale under Section 7.6 of the Returns Policy, and are replaced if lost or stolen only where you can establish the purchase and remaining balance.

11.3  Price adjustments are governed by Section 14 of the Returns Policy.

12. Text Messages

12.1  Your consent. If you provide your mobile number and affirmatively opt in, you give prior express written consent to receive recurring marketing, promotional and transactional text messages from Sports Club at that number, including messages sent using an automatic telephone dialing system or a prerecorded or artificial voice. Consent is not a condition of purchasing anything from us.

12.2  Frequency and cost. Message frequency varies. Message and data rates may apply. Your mobile carrier’s charges are between you and your carrier.

12.3  How to stop. Reply STOP to any message to cancel, or HELP for help. You may also revoke consent by any reasonable means, including by emailing support@sportsclub.store, by calling (601) 707-6535, or by replying with any other reasonable expression of your wish to stop. We honor revocations within 10 business days, and we may send one final message confirming that you have been unsubscribed.

12.4  Scope of an opt-out. We treat an opt-out broadly. If you tell us to stop texting you, we will stop sending marketing texts to that number, and we will limit further messages to those you have separately asked for or that are necessary to complete a transaction you began — and we will stop those too on request.

12.5  Delivery. Mobile carriers are not liable for delayed or undelivered messages. Keep your number current with us, and tell us if you give up or transfer a number you have given us, so that we do not text the next person who holds it.

12.6  You represent that the mobile number you give us is yours and that you are authorized to consent for it.

13. Email

Order, shipping and service emails are part of the Service and are sent to the address on your account. Marketing email is sent only where you have opted in; every marketing email carries an unsubscribe link, which we honor promptly. Unsubscribing from marketing does not stop transactional messages about an order you have placed.

14. Reviews, Photographs and Other User Content

14.1  "User Content" means anything you submit, post or send to us or through the Site — reviews, ratings, photographs, videos, questions, answers, comments, contest entries, ideas, suggestions and proposals.

14.2  License you grant us. You keep ownership of your User Content. You grant Sports Club a non-exclusive, worldwide, royalty-free, fully paid, perpetual, irrevocable, sublicensable and transferable license to use, host, store, reproduce, modify, adapt, translate, create derivative works from, publish, distribute and display your User Content in any medium and for any purpose, including marketing and advertising, alongside your display name or first name and last initial. You waive any moral rights in your User Content to the extent the law permits.

14.3  Your representations. You represent that your User Content is yours or that you have every right needed to grant the license above; that it does not infringe any copyright, trademark, publicity, privacy or other right; that it is not defamatory, obscene, threatening, harassing or unlawful; that it contains no virus or malicious code; that every identifiable person shown has consented; and that any activity depicted was lawful, licensed and in season.

14.4  Reviews must be honest. Submit a review only if you actually used the product. Do not submit a review in exchange for compensation, a discount or a free product without clearly disclosing that fact, and do not submit reviews about our products if you are an employee, an immediate family member of one, or a competitor, without disclosing the relationship. We publish reviews consistent with the Federal Trade Commission’s rules on consumer reviews and testimonials: we do not create fake reviews, we do not buy positive reviews, and we do not suppress reviews merely because they are negative. We may remove a review that violates this Section.

14.5  No confidentiality, no compensation, no obligation. We are under no obligation to keep User Content confidential, to pay for it, to respond to it, to publish it, to monitor it, or to keep it available. We may edit, refuse or remove any User Content at our discretion.

14.6  You are solely responsible for your User Content and its accuracy. We assume no liability for User Content posted by you or anyone else.

14.7  Copyright complaints — DMCA notice and takedown

We respect intellectual property and respond to notices of alleged infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe material on the Site infringes your copyright, send our designated agent a written notice containing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and enough information to locate it; (d) your address, telephone number and email; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner’s behalf.

Designated Agent: [DMCA AGENT NAME], Sports Club Purchasing Group LLC, 230 Highpoint Drive, Ridgeland, Mississippi 39157 · support@sportsclub.store · (601) 707-6535.

If we remove material in response to a notice, we will make a reasonable effort to notify the person who posted it, who may submit a counter-notice under 17 U.S.C. § 512(g). We terminate, in appropriate circumstances, the accounts of users who are repeat infringers. A person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages under 17 U.S.C. § 512(f).

15. Our Intellectual Property

15.1  The Site and its contents — including the Sports Club name and logo, text, product copy, photographs, graphics, video, page design, layout, compilation and underlying code — are owned by Sports Club or our licensors and are protected by copyright, trademark and other laws.

15.2  We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your own personal, non-commercial use. That license does not include any right to reproduce, duplicate, copy, sell, resell, republish, or otherwise exploit any part of the Service without our prior written permission.

15.3  You may not scrape, crawl, harvest, index or otherwise extract Site content by automated means, or use Site content to train, fine-tune or evaluate any machine-learning or artificial-intelligence model, without our express written permission. You may not frame the Site or use our marks in a way that suggests affiliation, sponsorship or endorsement.

15.4  Third-party trademarks and product images belong to their owners and appear here only to identify the goods we sell.

16. Prohibited Uses

In addition to the other restrictions in these Terms, you may not use the Site or its content:

▪      For any unlawful purpose, or to solicit or assist anyone in an unlawful act;

▪      To violate any federal, state, local or international law, regulation, rule or ordinance — including any law governing ammunition, wildlife, boating or shipping;

▪      To obtain ammunition or any regulated product for a person who could not lawfully buy it themselves;

▪      To infringe or misappropriate our intellectual property or anyone else’s;

▪      To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

▪      To submit false or misleading information, impersonate anyone, or misrepresent your age, identity, eligibility or affiliation;

▪      To upload or transmit any virus, worm, or other malicious or destructive code;

▪      To collect or track other people’s personal information, or to spam, phish, pharm or pretext;

▪      To spider, crawl, scrape or data-mine the Site, or to use bots, scripts or automated checkout tools to place orders, hold inventory, redeem promotions or evade purchase limits;

▪      To purchase for resale or distribution without our written authorization;

▪      To probe, scan, test the vulnerability of, reverse engineer, or interfere with or circumvent the security or authentication features of the Site or any related system;

▪      To place a load on our infrastructure that is disproportionate to ordinary use, or to interfere with anyone else’s use of the Site.

We may terminate your access for a violation of this Section.

17. Third-Party Links, Tools and Services

17.1  The Site may link to, embed or make available third-party websites, materials, applications and tools — including our hosting platform, payment processors, buy-now-pay-later providers, carriers, review applications and mapping services — that we neither control nor monitor.

17.2  Those tools and materials are provided "as is" and "as available," without warranty, representation, condition or endorsement of any kind. We are not liable for them, for your use of them, or for any transaction between you and a third party. Your use is at your own risk and subject to that provider’s own terms and privacy practices, which you should read.

17.3  Complaints, claims or questions about a third party’s products or services should be directed to that third party.

17.4  New services, features, tools and resources we add to the Site are also subject to these Terms.

18. Privacy

Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms. Payment card data is transmitted over encrypted connections and handled by our payment processor; we do not receive or retain full card numbers. The Site is served over encrypted connections, and we take reasonable measures to protect information in transit and at rest, though no method of transmission or storage is perfectly secure.

19. Modifications to the Service and Prices

19.1  Prices are subject to change at any time before we accept your order. A change in price does not affect an order we have already accepted.

19.2  We may modify, suspend or discontinue the Site or any part of it, temporarily or permanently, at any time. We will not be liable to you or to any third party for doing so, except for orders we have already accepted and not fulfilled, which are governed by Sections 5 and 6 and by the Returns Policy.

20. Disclaimer of Warranties

20.1  The Site and the Service are provided on an "as is" and "as available" basis. We do not warrant that the Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that results obtained from the Service will be accurate or reliable.

20.2  Products. We are a retailer and, on most orders, a seller that never takes possession of the goods. The products we sell carry the warranties, if any, given by their manufacturers, which we pass through to you and which are governed by the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. We make no separate warranty of our own as to a manufacturer’s product, and we do not adopt, ratify or extend any manufacturer’s representation, specification or performance claim by reproducing it on the Site, except where we state a warranty expressly and in writing.

20.3  Mississippi implied warranties are preserved. Miss. Code Ann. § 11-7-18 provides that there shall be no limitation of remedies or disclaimer of liability as to any implied warranty of merchantability or fitness for a particular purpose in a sale of consumer goods to a consumer, and that the section may not be waived or varied by agreement. Accordingly, nothing in these Terms disclaims, limits, shortens or waives the implied warranties of merchantability or fitness for a particular purpose under Miss. Code Ann. §§ 75-2-314 and 75-2-315, or any remedy for their breach. This Section is to be read consistently with Section 8.5 of our Returns Policy. Every disclaimer in these Terms applies only to the maximum extent permitted by applicable law, and not at all where the law does not permit it.

20.4  Some states do not allow the exclusion of certain warranties. In those states, the exclusions above apply only to the extent permitted, and you may have additional rights that vary from state to state.

21. Limitation of Liability

21.1  Excluded damages. To the fullest extent permitted by law, neither Sports Club nor our members, managers, officers, employees, agents, contractors, suppliers, service providers or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost savings, loss of data, loss of use, or cost of substitute goods, arising out of or relating to the Site, the Service or any product, whether based in contract, tort (including negligence), strict liability, warranty or any other theory, and even if we have been advised of the possibility.

21.2  Cap on total liability. To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Site, the Service or any product will not exceed the greater of (a) the total amount you paid us for the product or order giving rise to the claim, or (b) one hundred dollars ($100.00).

21.3  What the limits above do NOT cover. Sections 21.1 and 21.2 do not apply to, and nothing in these Terms limits:

▪      Liability for death or personal injury caused by our negligence;

▪      Our gross negligence, fraud, fraudulent misrepresentation or willful misconduct;

▪      Our obligations under the Returns, Refunds and Exchanges Policy, including every remedy in Section 8 of that Policy;

▪      Any implied warranty preserved by Section 20.3 above, or any remedy for its breach;

▪      Any liability that cannot be excluded or limited under the Mississippi Consumer Protection Act, Miss. Code Ann. § 75-24-1 et seq., or under any other applicable law.

21.4  You acknowledge that the allocation of risk in these Terms is a fundamental part of the bargain between us and is reflected in our pricing, and that these limits apply even if a limited remedy fails of its essential purpose. Some states do not allow certain exclusions or limitations; in those states our liability is limited to the maximum extent permitted.

22. Indemnification

22.1  You agree to indemnify, defend and hold harmless Sports Club Purchasing Group LLC and our members, managers, officers, employees, agents, contractors, licensors, suppliers and service providers from any claim, demand, action, loss, liability, damage, cost or expense — including reasonable attorneys’ fees — brought by a third party and arising out of or relating to: your breach of these Terms or any incorporated policy; your violation of any law or the rights of any third party; your User Content; your misrepresentation of age, identity or eligibility; your purchase, receipt, possession, storage, transfer or use of any ammunition or regulated product; or your negligent, unlawful or unintended use of any product purchased from us.

22.2  We will notify you of any claim for which we seek indemnity, and we may assume the exclusive defense and control of it with counsel of our choosing at your expense. You will cooperate with that defense and will not settle any claim in a way that imposes any obligation or admission on us without our prior written consent.

22.3  This Section survives termination.

23. Time Limit for Bringing a Claim

To the fullest extent permitted by applicable law, any claim arising out of or relating to the Site, the Service or these Terms must be brought within one (1) year after the claim accrues, or it is permanently barred. This Section does not shorten any period that applicable law does not permit us to shorten — including, without limitation, the six-year period for breach of a contract for sale under Miss. Code Ann. § 75-2-725(1) — and it does not apply where a shorter period would be unenforceable.

24. Dispute Resolution — Informal Resolution First, Then Individual Arbitration

24.1  Step one — talk to us first. Before starting any arbitration or lawsuit, you agree to give us a chance to resolve the matter. Email support@sportsclub.store with "DISPUTE" in the subject line, or write to Sports Club Purchasing Group LLC, Attn: Dispute Resolution, 230 Highpoint Drive, Ridgeland, Mississippi 39157, describing the problem and the resolution you want. We will acknowledge within 10 business days and give you a written response within 30 calendar days. This is the same informal dispute settlement program described in Section 18 of our Returns Policy. Under Miss. Code Ann. § 75-24-15(2), a person bringing a private action under the Mississippi Consumer Protection Act must first have made a reasonable attempt to resolve the claim through an informal dispute settlement program.

24.2  Step two — binding individual arbitration. If we cannot resolve the dispute within 30 days, any dispute, claim or controversy arising out of or relating to the Site, the Service, any product, or these Terms — including their formation, breach, enforcement, interpretation, scope, validity or termination — will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Judgment on the award may be entered in any court of competent jurisdiction.

24.3  Where and how. Arbitration will be seated in Madison County, Mississippi, but you may elect to participate by telephone or videoconference, or to have the matter decided on documents alone, at no disadvantage to your claim. We will pay the portion of AAA’s fees that its Consumer Arbitration Rules allocate to us, and we will not seek our attorneys’ fees from you unless the arbitrator finds your claim frivolous. The arbitrator may award any individual relief a court could award, including statutory damages, costs and fees where a statute provides them.

24.4  Class action and jury waiver. YOU AND SPORTS CLUB EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only to the individual party seeking it and only to the extent necessary to provide relief on that party’s own claims. Miss. Code Ann. § 75-24-15(4) separately provides that private actions under the Mississippi Consumer Protection Act may not be maintained as class actions.

24.5  Exceptions. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may seek injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized access to the Service.

24.6  Your right to opt out. You may reject this Section 24 by emailing support@sportsclub.store within 30 days after your first order or account creation, stating your name, the email address on your account, and that you opt out of arbitration. Opting out costs you nothing, affects no other part of these Terms, and will not affect how we treat you.

24.7  Severability of this Section. If the class and representative waiver in Section 24.4 is held unenforceable as to a particular claim, that claim — and only that claim — will proceed in court under Section 25, and the remainder of this Section 24 will continue to apply to all other claims. There will be no class arbitration. If Section 24 is held unenforceable in its entirety, Section 25 governs.

24.8  This Section survives termination of these Terms and the closing of your account.

25. Governing Law and Venue

25.1  These Terms, and any dispute arising out of or relating to them, the Site, the Service or any product, are governed by the laws of the State of Mississippi, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

25.2  For any matter not subject to arbitration under Section 24, the exclusive venue is the state and federal courts located in or serving Madison County, Mississippi, and you and we each consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum.

26. Suspension and Termination

26.1  These Terms take effect when you first use the Site and continue until terminated.

26.2  You may terminate at any time by ceasing to use the Site and closing your account.

26.3  We may suspend or terminate your access, close your account, cancel pending orders, or refuse service, at any time and without notice, if you breach these Terms or if we reasonably suspect that you have — and we may refuse service to anyone, for any lawful reason.

26.4  Termination does not affect any order we have already accepted, any amount you owe us as of termination, or any right or obligation that by its nature should survive — including Sections 8.8, 14.2, 15, 20, 21, 22, 23, 24, 25 and 30.

27. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disaster, hurricane, flood, tornado, fire, epidemic, war, terrorism, civil unrest, labor dispute, carrier failure or embargo, supplier or manufacturer failure, shortage of materials, utility or telecommunications failure, cyberattack, platform or payment-processor outage, or governmental action. If such an event prevents us from shipping an accepted order, we will notify you and you may cancel for a full refund.

28. Assignment

We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization or sale of assets. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void.

29. Notices and Electronic Communications

29.1  You consent to receive communications from us electronically — by email, text where you have opted in, or by posting to the Site — and you agree that electronic communications, agreements, notices and records satisfy any legal requirement that they be in writing or be signed. This consent is given under the federal Electronic Signatures in Global and National Commerce Act and Mississippi’s adoption of the Uniform Electronic Transactions Act.

29.2  Notices to you are effective when sent to the email address on your account. It is your responsibility to keep that address current.

29.3  Notices to us must be sent to support@sportsclub.store or to Sports Club Purchasing Group LLC, 230 Highpoint Drive, Ridgeland, Mississippi 39157.

30. General

30.1  Severability. If any provision of these Terms is held unlawful, void or unenforceable, it will be enforced to the maximum extent permitted and otherwise severed, and the remaining provisions remain in full force.

30.2  No waiver. Our failure to exercise or enforce any right or provision is not a waiver of it, and no waiver is effective unless in writing.

30.3  Entire agreement. These Terms, together with the policies incorporated in Section 2, are the entire agreement between you and us regarding the Site and the Service, and supersede all prior or contemporaneous understandings, communications and proposals, whether oral or written, including any prior version of these Terms.

30.4  Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against either party as drafter.

30.5  Relationship. Nothing in these Terms creates any agency, partnership, joint venture, employment or franchise relationship between us.

30.6  No third-party beneficiaries, except that the persons and entities identified in Sections 21 and 22 may enforce those Sections.

30.7  Accessibility. We are working to keep the Site usable by everyone, including people who use assistive technology. If you have difficulty using any part of the Site, contact us at support@sportsclub.store or (601) 707-6535 and we will help you complete your purchase and work to fix the barrier.

31. Changes to These Terms

31.1  We may update these Terms. The current version is always posted on this page with its effective date and version number.

31.2  Changes apply prospectively only, and the version of these Terms in effect when you place an order governs that order. For material changes, we will post the updated Terms and give notice — by email to account holders, by a notice on the Site, or both — at least 14 days before they take effect.

31.3  Your continued use of the Site after the effective date of a change means you accept the change. If you do not accept it, stop using the Site and close your account before that date.

31.4  We retain prior versions and will provide one on request.

32. Contact Us

Sports Club Purchasing Group LLC  |  230 Highpoint Drive, Ridgeland, Mississippi 39157  |  Email: support@sportsclub.store  |  Phone: (601) 707-6535  |  Hours: 9:00 a.m. – 4:00 p.m. Central