Terms of Use

We welcome you to our website (the “Website”). The Website is designed to provide information to sell products, as a resource regarding the products and to create a community of like-minded people interested in the topics we discuss (the “Products and Services”). The Website is owned by Indian Industries, Inc. d/b/a Escalade Sports. These terms and conditions apply to all websites, apps, products, services and content, provided by, operated by and/or hosted by Escalade Sports and its affiliates (collectively “Escalade Sports” and “Escalade Sports’ Products and Services”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.

This site is protected by United States, individual state and international copyright, trademark and trade secret laws. All rights reserved. Certain features of the website may only be accessible by registered users of the website.

  1. Acceptance of Terms. This Terms and Conditions of Use Agreement (this “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Member” (which means that you have registered on one of our Websites as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Products and Services immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Websites. You agree to be bound by any modification to this Agreement when you use any of our Websites after any such modification is posted; it is therefore important that you review this Agreement regularly.
  2. General Registration Requirements. If you wish to become a Member, communicate with other Members and otherwise make use of the Products and Services, you must agree to this Agreement. In consideration of your use of the Products and Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Escalade Sports reserves the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof). Use of the Products and Services and membership on our Website is void where prohibited.
  3. Minors. Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all users who register with any of our Websites must be 18 years of age or older. Escalade Sports’ Products and Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By participating, you represent and warrant that you are 18 or older, and that you agree to and will abide by all of these Terms and Conditions.
  4. Member Account, Password and Security. If you register on one of our Websites, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your login, password, and payment method(s). You must notify Escalade Sports immediately of any breach of security or unauthorized use of your account. Escalade Sports will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss Escalade Sports or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person.
  5. Cookies and Log Files. Escalade Sports may use the “cookie” feature of your browser to assist in providing you directed products or services. Cookies identify a specific browser and certain usage history. Escalade Sports may choose to use cookies to identify you and to recall previous requests from your browser in order to better serve you. You may choose to disable the cookie feature of your browser; however, cookies may be required for certain portions of the website to function correctly. Escalade Sports may use log and tracking files that gather information such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. Escalade Sports may use such information to analyze trends, administer the website, track user’s movement in the aggregate, and to analyze broad demographic information for aggregate use. Escalade Sports’ may hire third parties to assist in analyzing its log files. Any third party companies are prohibited from using your information in any manner other than to help Escalade Sports to provide you with Escalade Sports’ products and services.
  6. Electronic Communications. You may communicate with Escalade Sports electronically via this website and you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  7. Prohibited Conduct. You agree not to use the Products and Services to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that:
  8. is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  9. harasses or advocates harassment of another person;
  10. exploits people in a sexual or violent manner;
  11. contains nudity, violence, or offensive subject matter;
  12. solicits personal information from anyone under the age of eighteen (18);
  13. provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
  14. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  15. violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  16. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  17. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  18. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  19. solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
  20. involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  21. includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
  22. disrupts, interferes with, denies service to or otherwise harms or violates the security of this site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Escalade Sports or affiliated or linked sites, “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
  23. contains a virus or other harmful component.
  24. Responsibility for Content. You, and not Escalade Sports, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Products and Services. Escalade Sports does not control the Content posted via the Products and Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Escalade Sports be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Products and Services. You represent and warrant that you own, have the right to use or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that its disclosure and use will not cause injury to any person or entity. You hereby agree to defend, indemnify and hold harmless Escalade Sports, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any claims by third-parties based on any content you provide.
  25. Rejection/Removal of Content. You acknowledge that Escalade Sports may or may not pre-screen Content posted on our Website, but that Escalade Sports shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Products and Services, in its sole discretion, for any reason. Without limiting the foregoing, Escalade Sports shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Escalade Sports, or to restrict, suspend, or terminate your access to all or any part of the Products and Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Products and Services by any person, please contact Escalade Sports.
  26. Third Party Statements. Escalade Sports is not responsible for third party statements. Reviews, critiques, editorials, commentary, forum or blog discussions or similar type statements posted by third parties are not intended to imply sponsorship, adoption, belief or endorsement of them by Escalade Sports.
  27. Preservation/Disclosure. You acknowledge, consent and agree that Escalade Sports may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Escalade Sports, its Members and the public. Under no other circumstances will Escalade Sports intentionally disclose your account information to any third party.
  28. Security. Escalade Sports takes standard precautions in seeking to ensure that our systems are secure and that they meet industry standards, including the application of firewalls for our Internet-based systems. When appropriate, Escalade Sports employs the use of encryption technologies, user authentication systems (e.g., passwords and personal identification numbers) and access control mechanisms.
  29. Security Components. You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Escalade Sports and/or content providers who provide content to Escalade Sports. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
  30. Non-commercial Use. The Products and Services may not be used in connection with any commercial purposes, except as specifically approved by Escalade Sports. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
  31. Your Content. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website or the Products and Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Website or Products and Services does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party. By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any Content on or through our Website or the Products and Services, you hereby grant to Escalade Sports a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Products and Services, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us to request the removal of certain Content you have posted, but Escalade Sports has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a backup or residual copy of any Content posted by you may remain on Escalade Sports’ servers after the Content appears to have been removed from our Website, and Escalade Sports retains the rights to all such remaining copies.
  32. Escalade Sports Content. All Products and Services, product and service information, website design, text, graphics, logos, button icons, audio and video clips, the selection and arrangement thereof, pricing and financial information, and all software is the exclusive property of Escalade Sports or its content suppliers (“Escalade Sports Content”). Escalade Sports Content and content provided by users of our Products and Services is protected by copyright, trademark, patent, trade secret and other laws. COPYRIGHT 2017, ESCALADE SPORTS, ALL RIGHTS RESERVED. Escalade Sports owns and retains all rights, title and interest in the Escalade Sports Content.
  33. Limited License. All access to Escalade Sports’ Products and Services is provided subject to a limited, non-exclusive license. Escalade Sports hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the Escalade Sports Content and any third party Content located on or available through our Website or Products and Services (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website as a resource in connection with understanding, purchasing and using the Products and Services. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Products and Services.
  34. Other Sites. Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Escalade Sports does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of our Website does not imply Escalade Sports’ endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
  35. International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
  36. Privacy Policy. Escalade Sports respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. A complete statement of our current privacy policy can be found in our “Privacy Policy”. The Privacy Policy is expressly incorporated into this Agreement by this reference.
  37. Third Party Rights/ DMCA Policy. Escalade Sports respects the rights of third parties. In the event that a third party believes that content used on or with Escalade Sports’ Products and Services violates that party’s copyright or trademark rights, the following policy applies:

(1) The complaining party should provide a notice to Escalade Sports informing Escalade Sports of the asserted violations. To be effective, a “Notice” must be a written communication to Escalade Sports’s agent which includes the following:

a) identification of the work or rights alleged to be infringed;

b) identification of the material claimed to be infringing or which is the subject of the violation and identifying information for the party allegedly committing the violation;

c) the complaining party’s contact information, including a complete name, address, telephone and e-mail address;

d) a statement under penalty of perjury that the complaining party has a good faith belief that use of the material is unauthorized, that the information in the Notice is accurate and, that the complaining party is authorized to act on behalf of the owner; and

e) a physical or electronic signature of a person authorized to act on behalf of the complaining party.

(2) Upon receipt of a sufficient Notice, Escalade Sports will review the Notice, will notify the party allegedly committing the violation and will temporarily remove or disable the allegedly violative material. Escalade Sports reserves the right to terminate the account of repeat offenders.

(3) Escalade Sports will provide the allegedly violating party an opportunity for 10 business days to provide a Counter-Notice defending the allegedly violating material and will forward any Counter-Notice to the complaining party.

(4) Upon receipt of a Counter-Notice, Escalade Sports may at its option restore the removed or disabled material in no less than 10 business days unless the complaining party notifies Escalade Sports that it has sought a court order for injunctive relief.

  1. Member Disputes. You are solely responsible for your interactions with other Members. Escalade Sports reserves the right, but has no obligation, to monitor disputes between you and other Members.
  2. Term and Termination. This Agreement shall remain in full force and effect for so long as it is posted on any of our Website. Escalade Sports reserves the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if Escalade Sports believes that you have breached any of the terms of this Agreement, furnished Escalade Sports with false or misleading information, or interfered with use of the Website or the Products and Services by others. The terms of Sections 8, 11, 12, and 18 — 29 shall survive termination of this Agreement and your use of the Products and Services.
  3. Disclaimer of Warranties. You expressly understand and agree that:
  4. Your use of the Website and the Products and Services is at your sole risk. Individual goods sold by Escalade Sports may contain a warranty which applies to those goods for the original purchaser from Escalade Sports or one of its authorized retailers. Except for warranties provided with the sale of goods, the Website and the Products and Services are provided on an “as is” and “as available” basis. Escalade Sports and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the website, and any third party website with which they are linked.
  5. Escalade Sports and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Website or the Products and Services will meet your requirements; (ii) the Website or Products and Services will be uninterrupted, timely, secure, error-free, or free of any harmful components (including viruses); (iii) the results that may be obtained from the use of the Website or Products and Services will be accurate or reliable; and (iv) the quality of any Content, products, services, information or other material purchased or obtained by you through the Website or Products and Services will meet your expectations. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
  6. Any material downloaded or otherwise obtained through the use of our Website or the Products and Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  7. Limitation on Liability. To the fullest extent permitted by applicable laws In no event will Escalade Sports, its affiliates, subsidiaries, employees, agents, suppliers, or contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the service, the Website or any website with which they are linked, even if Escalade Sports has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Escalade Sports’ 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 Escalade Sports for the Products and Services.
  8. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
  9. Indemnity. You agree to indemnify, defend, and hold harmless Escalade Sports, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Escalade Sports will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  10. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our various Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
  11. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Products and Services or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Products and Services or our Website.
  12. Entire Agreement. This Agreement, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Escalade Sports and governs your use of the Website and Products and Services, superseding any prior agreements between you and Escalade Sports with respect to the Website and Products and Services.
  13. Choice of Law and Forum. This Agreement and the relationship between you and Escalade Sports shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and Escalade Sports agree to submit to the personal and exclusive jurisdiction of the courts located in Evansville, Indiana.
  14. Waiver and Severability of Terms. The failure of Escalade Sports to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  15. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Products and Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  16. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

    PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.

    THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    AGREEMENT TO ARBITRATE. YOU AND THE COMPANY EACH AGREE THAT ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES, OR CAUSES OF ACTION BETWEEN YOU AND THE COMPANY, OR BETWEEN YOU AND ANY OF THE COMPANY’S PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, CONTRACTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INTERNS, OR SHAREHOLDERS (COLLECTIVELY, THE “COMPANY PARTIES”), THAT ARISE, HAVE ARISEN, OR RELATE IN ANY WAY TO THE WEBSITE, SERVICES, PRODUCTS, THESE TERMS, OR ANY OTHER TRANSACTION OR INTERACTION, WHETHER OCCURRING IN THE PAST, PRESENT, OR FUTURE, INVOLVING YOU AND THE COMPANY OR COMPANY PARTIES (“CLAIMS”) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS. The only exceptions are: (i) if the Claim qualifies for small claims court in the jurisdiction in which you reside or Middlesex County, Massachusetts, then you or we may sue there instead; (ii) you or we may seek injunctive relief in court to stop infringement or misuse of intellectual property rights including, by way of example, trade secret misappropriation, patent infringement, copyright infringement or misuse, and/or trademark infringement or dilution; (iii) all disputes about whether you or we complied with the mandatory pre-arbitration notice and informal resolution procedure set forth below (which is a condition precedent to filing arbitration) must be decided by a court and not by an arbitrator; and (iv) claims opted out of arbitration after Stage One and Stage Two pursuant to the Additional Procedures for Mass Arbitration contained herein. This Agreement to Arbitration will apply to all other Claims regardless of when they arose, which means you and we are each waiving our right to sue in court and have a judge or jury trial.

    Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. A court review of an arbitration award is limited.

    Mandatory Pre-Arbitration Notice and Informal Resolution. If you have a Claim that is subject to this arbitration agreement, you must first contact customer service as provided in Section __ of the Terms to try to resolve it. If customer service cannot resolve it and you wish to pursue arbitration, you must first send the Company a notice of the Claim (“Notice of Claim”) that sets forth your name, address, and contact information, the facts giving rise to the Claim, and your requested relief. The notice to the Company must signed by you, if you are an individual, or by an entity executive or officer, if you are an entity, and be addressed to Legal Department, 817 Maxwell Ave, Evansville, IN 47711. The Company will likewise provide you with a Notice of Claim by certified mail to the most recent address or email we have on file for you if the Company has an arbitrable Claim.

    Upon receipt of a Notice of Claim concerning a Claim subject to this arbitration agreement, You and the Company agree to attempt in good faith to resolve the Claim through informal negotiations for sixty (60) days after the Notice of Claim is received. If you or we request a settlement conference during this period, you and we agree to cooperate in scheduling that conference and to personally participate in it by phone or video conference. Either side may bring counsel, but the conference must be individualized to your or our Claim, even if counsel represents other parties.

    You and we agree that contacting customer service and completing the Notice of Claim, the 60-day negotiating period, and any timely requested settlement conference are prerequisites to filing an arbitration (and to JAMS accepting that filing or initiating proceedings). If you commence arbitration without first contacting customer service or either of us commence arbitration without first completing the Notice of Claim, without participating in any timely requested settlement conference, and/or before the expiration of the 60-day negotiating period, a court of competent jurisdiction may stay or enjoin the arbitration until these requirements have been satisfied. All applicable limitations periods shall be tolled from the date of receipt of a Notice of Claim through the conclusion of this informal resolution process.

    Whether a party has complied with this mandatory pre-arbitration notice and informal resolution procedure is an issue for a court of competent jurisdiction to decide.

    Although the Company encourages you to attempt to resolve any dispute informally before bringing an individual action in small claims court, as discussed below, the informal resolution process is a mandatory prerequisite only to arbitration.

    CLASS ACTION WAIVER. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND THE COMPANY AGREE THAT ALL CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. ACCORDINGLY, EXCEPT AS PROVIDED BY THESE TERMS, OR UNLESS YOU AND THE COMPANY CONSENT IN WRITING, THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED OR DECISION MADE CANNOT AFFECT OTHER CUSTOMERS OF THE COMPANY.

    Arbitration Procedures. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution provision. Any arbitration shall be administered by JAMS in accordance with JAMS Streamlined Arbitration Rules and Procedures (“Streamlined Rules”). In the event of a Mass Arbitration, as defined in the JAMS Mass Arbitration Procedures and Guidelines, you and the Company expressly agree that the arbitration shall also be governed by JAMS Mass Arbitration Procedures and Guidelines (together with the Streamlined Rules, the “JAMS Rules”), except as modified by these Terms.

    If there is a conflict between JAMS Rules and the rules set forth in this Dispute Resolution provision, the rules set forth in this Dispute Resolution provision will govern.

    Arbitration Fees. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay only $50, subject to the limitations provided in the JAMS Mass Arbitration Procedures Fee Schedule as applicable, and the Company will pay all other administrative costs and fees, provided that you have complied with the mandatory pre-arbitration notice and informal resolution procedure required herein. For such claims, the Company will reimburse you for the $50 fee if the arbitrator rules in your favor. For any arbitration initiated before the completion of the mandatory pre-arbitration notice and informal resolution procedure required herein, the initiating party shall be responsible for and required to pay any applicable filing, administration, or arbitrator fees up to the maximum amount allowable under JAMS Rules and policies, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness as applicable. In the event the arbitrator determines that either the substance of your or the Company’s claim or the relief sought was frivolous or brought for an improper purpose, then you or the Company may seek to recover from the other party any fees paid, including attorneys’ fees, to the extent permitted by the JAMS Rules and policies, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness as applicable, and applicable law.

    Authority of Arbitrator. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, except as otherwise provided herein. The arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.

    Additional Procedures for Mass Arbitration. In the event of a Mass Arbitration, as defined by the JAMS Rules, you and the Company agree that these Additional Procedures for Mass Arbitration shall apply. To the extent these procedures conflict with the JAMS Mass Arbitration Procedures and Guidelines, these Additional Procedures for Mass Arbitration shall control.

    You understand and agree that by participating in a Mass Arbitration, the resolution of your Claim may be delayed and ultimately proceed in court if not resolved through the process set forth below. If your Claim is part of a Mass Arbitration, any applicable limitations period shall be tolled for your Claim from the time that your Claim is first submitted to JAMS until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

    The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Claims, streamline procedures, address the informal exchange of information, modify the number of Claims to be adjudicated and to promote efficiency, conservation of resources, and the resolution of Claims.

    Stage One: Counsel for the claimants and counsel for the Company shall each select three (3) Claims to proceed as cases in individual arbitrations as part of this initial staged process. The number of Claims to be selected to proceed in Stage One can be increased by agreement of counsel for the parties. Each of the six Claims shall be assigned to a different arbitrator and proceed individually, except that discovery shall be consolidated. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of Stage One. The remaining Claims shall not be assigned an arbitrator and shall be stayed pending resolution of the initial six Claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a mediator jointly selected by the parties in an effort to resolve the remaining Claims (as informed by the adjudications of cases in Stage One), and the Company shall pay the mediator’s fee.

    Stage Two: If the remaining Claims have not been resolved at the conclusion of Stage One, counsel for claimants and counsel for the Company shall each select 12 Claims per side to be filed and to proceed as cases in individual arbitration as part of Stage Two. The number of Claims to be selected to proceed as part of Stage Two can be increased or decreased by agreement of counsel for the parties. Each of the 24 Claims shall be assigned to a different arbitrator, except that arbitrators who presided over a case in Stage One may be appointed to preside over a Claim that proceeds as part of Stage Two, unless either party objects, and proceed individually, except that discovery shall be consolidated. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of Stage Two. The remaining Claims shall not be assigned an arbitrator and shall be stayed pending resolution of the 24 Claims part of this Stage Two. After this second set of staged proceedings, counsel for the parties shall participate in a global mediation session with a mediator jointly selected by the parties in an effort to resolve the remaining Claims (as informed by the adjudications of cases in Stage One and Stage Two), and the Company shall pay the mediator’s fee.

    Upon completion of the mediation set forth in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms, including, but not limited to, the Class Action Waiver contained in this provision. Counsel for the parties, however, may mutually agree in writing to proceed with the adjudication of some or all of the remaining Claims in individual arbitrations consistent with the process set forth in Stage Two (except Claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process.

    A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. These Additional Procedures for Mass Arbitration and each of their requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Claim and are not enforceable, then your Claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

    Hearing Format. The arbitration shall occur in one of the following locations: (i) your county of residence; (ii) Middlesex County, Massachusetts; (iii) virtually; or (iv) as mutually agreed upon between you and the Company. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. If the Mass Filing process described above is triggered, then the location of any hearing will be determined by the arbitrator.

    Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your county of residence or Middlesex County, Massachusetts, if the action is within that court’s jurisdiction and is pending only in that court.

    OPT-OUT OF AGREEMENT TO ARBITRATE. You can decline this Dispute Resolution PROVISION by sending a letter to the Company at, within thirty (30) calendar days of your initial agreement to these Terms, that specifies: (1) Your Name; (2) the URL of THESE TERMS; (3) Your Address; (4) Your Phone Number; AND (5) A clear statement that you wish to opt out of this Dispute Resolution PROVISION. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

    Severability. If any provision in this Dispute Resolution provision is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire “Dispute Resolution” provision shall be null and void. The terms of this section shall otherwise survive any termination of these Terms.

    17. Questions. If you have any questions regarding this Agreement, contact us by phone at 1-800-467-1421, or by email at customerservice@escaladesports.com.

    The date of these terms and conditions is October 2026.