Welcome to jayssportinggoods.com (the “Website”). Jay’s Outdoors, LLC and/or its affiliates (collectively, “Jay’s Sporting Goods”) provide website features and other products and services to you when you visit or shop at the Website, use Jay’s Sporting Goods’ products or services, or use any product or service provided by Jay’s Sporting Goods in connection with any of the foregoing (collectively, “Jay’s Sporting Goods Services and Products”). Jay’s Sporting Goods provides Jay’s Sporting Goods Services and Products subject to the following conditions.
BY USING JAY’S SPORTING GOODS SERVICES AND PRODUCTS, YOU AGREE TO THESE TERMS & CONDITIONS OF USE. PLEASE READ THEM CAREFULLY.
By accessing, browsing, purchasing, or otherwise using the Website, by participating in any promotional program through Jay’s Sporting Goods and/or its affiliates, or by purchasing any Jay’s Sporting Goods product or service, you acknowledge and agree that these terms and conditions of use apply to your use and/or participation and you agree to comply with these terms and conditions. If you do not agree to be bound by these terms and conditions each time that you use the Website or when you participate in a promotional program, or if you do not have the authority or capability to agree to or accept these terms and conditions, you may not use the Website or participate in the promotional program.
These Terms May Change
Jay’s Sporting Goods reserves the right to modify these terms and conditions of use at any time without prior notice. Your use of the Website or participation in any promotional program following any such change constitutes your agreement to follow and be bound by these terms and conditions of use as so modified. Accordingly, you should review these terms and conditions of use for changes whenever you use the Website.
Please review our Privacy Notice, which also governs your use of Jay’s Sporting Goods Services and Products, to understand our practices.
When you use any Jay’s Sporting Goods Service or Product, or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the site or through any other Jay’s Sporting Goods Service or Product and you consent to receive communications from Jay’s Sporting Goods 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.
Passwords and Security
If you use a password to access the Website, you are responsible for maintaining the confidentiality of the password and/or restricting access to your account, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify us immediately. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Website, Jay’s Sporting Goods promotional programs and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your accounts.
Notwithstanding the above, we may rely on the authority of anyone accessing your accounts or using your passwords and in no event will Jay’s Sporting Goods be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of us under this provision, (ii) any compromise of the confidentially of your accounts or passwords, (iii) any authorized access to your accounts or use of your passwords.
All the content that you see on the website or in the promotional programs, including, but not limited to photographs, text, graphics, logos, designs, page headers, page footers, images, illustrations, audio clips and video clips (collectively, “content”) is owned by Jay’s Sporting Goods, or third parties who have licensed the content to Jay’s Sporting Goods.
Links to Other Websites
Jay’s Sporting Goods makes no representations whatsoever about any other website that you may access through Jay’s Sporting Goods Website. When you access a non-Jay’s Sporting Goods website please understand that it is independent from Jay’s Sporting Goods and that Jay’s Sporting Goods has no control over the content on that website. In addition, a hyperlink to a non-Jay’s Sporting Goods website does not mean that Jay’s Sporting Goods endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items such as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Website you do so entirely at your own risk.
Corrections of Errors and Inaccuracies
The information on the Website or in offers contained in promotional programs may contain typographical errors or inaccuracies and may be incomplete or outdated. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, and availability. In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Order Cancellation Policy
If we receive a cancellation request after your order has been accepted into our order processing system and we are able to physically accommodate your request, there will be no charges. However, cancellations cannot be processed on their scheduled shipment day.
On-line purchases should be returned in 30-days with the original box, packing, paperwork, parts or accessories, receipt and in new condition to receive a full refund or credit. Return instructions are shipped with your order. Shipping fees will not be refunded unless we shipped the incorrect product. Return shipping charges must be pre-paid. We will not accept C.O.D. deliveries. Refunds will be issued in the same form of payment that was used for payment, for example: if paid by credit card, then a credit card refund will be issued, if by Gift Card, then a Gift Card will be issued. Oversized items may require special arrangements, please contact us before making any return shipping plans.
Contact us before shipping any perishable items back to us. Computer games, software, CD’s, DVD’s, audio or video tapes may be returned if unopened. Products that have been altered and the cost of alteration will not be considered for return.
Gift Certificates & Credits
Jay’s Sporting Goods Gift Certificates or store credits can be redeemed online or in either of our Clare or Gaylord locations once they are verified.
We will gladly make changes to your order if you contact us before it is processed, please be aware that this could cause a shipping delay.
Warranty – Repair – Defectives
Defective products will be replaced or refunded once the defect has been verified by us or by the original manufacturer. Warranties are from the manufacturer of the product and many require the product be sent directly to them for repair or replacement. Contact the manufacturer directly. Repairs should be handled by or returned to the manufacturer for service work.
Shipping, handling or custom charges or services are not refundable. Certain types of special order deposit charges are not refundable. Charges for modification of any type to a product are not refundable.
Canada and International Orders
You must use the International Checkout for your orders to be processed.
Jay’s Sporting Goods has elected to place shipping restrictions on firearms going to certain states. We do not ship firearms and certain other related products to the state of California due to the state’s regulatory practices. With constantly changing laws pertaining to firearms and firearm related products. Jay’s Sporting Goods may add without notice other state or municipalities to our restricted shipping policy. Your order will not be processed until it is cleared with our firearms department. Please check your current laws and regulations before ordering product that may not be legal in your state or municipality to own or possess. We thank you in advance for your consideration of Jays’ Sporting Goods for your shipping needs.
Firearms Transaction Requirements
Michigan residents picking up firearms at Jay’s Sporting Goods business locations must pass all state and federal requirements and be the actual owner of the firearm. Long guns require government form 4473 being filled out with proper proof of residency and a valid government issued photo identification. In addition, passing the NICS background check is mandatory before possession can occur. Handguns require resident to have a purchase permit present with proper issuing signatures and expiration dates filled out and will be required to show proper identification and proof of residency. Handgun purchasers will also be required to fill out government form 4473. Current and valid Concealed Carry Weapons permit holders for handguns do not require purchase permits but are required to fill out government form 4473 and pass NICS background check.
Shipping Firearms within Michigan
Shipping firearms within Michigan requires Jay’s Sporting Goods to have a current copy of a Dealer’s license receiving the firearm; known as a Federal Firearms License (FFL). This license copy must be sent to the Jay’s Sporting Goods shipping location before the firearm can be shipped. It can be faxed, scanned / emailed or sent by conventional mail. The actual customer does not need an FFL, only the business acting as the receiving agent for the firearm needs to provide the FFL. The receiving agent then is required to fulfill all state and federal laws with the customer.
Non-residents, but United States citizens, picking up firearms at Jay’s Sporting Goods business locations are subject to their state and local laws concerning long gun purchases and Jay’s Sporting Goods is required to adhere to those regulations. This can require extensive research, so please call prior to picking up firearms. Non-residents cannot pick up handguns at Jay’s Sporting Goods.
Shipping Firearms to Non-Michigan Residents
Shipping firearms to non-Michigan residents or outside the state of Michigan, requires Jay’s Sporting Goods to have a current copy of a Dealer’s license receiving the firearm; known as a Federal Firearms License (FFL). This license copy must be sent to the Jay’s Sporting Goods shipping location before the firearm can be shipped. It can be faxed, scanned/emailed or sent by conventional mail. The actual customer does not need an FFL, only the business acting as the receiving agent for the firearm needs to provide the FFL. The receiving agent then is required to fulfill all local, state and federal laws with the customer. Some out of state firearm sales may be prohibited due to state or local laws. Know the laws of the state in which you reside and order products accordingly. If firearms that cannot be transferred to you are returned, you will be responsible for all shipping and handling charges for the return.
Jay’s Sporting Goods does not export any firearms.
An age verification process will be applied to ammunition purchased as well as adult signature to all purchases of ammunition. Age restrictions vary by state, therefore Jay’s Sporting Goods reserves the right to add proof of age requirements as it feels necessary to be compliant with state and local laws. All ammunition will be sent via ground. For safety reasons, Jay’s Sporting Goods does not accept returns or exchanges on ammunition. Purchasers must me 18 years of age or older to purchase rifle and shotgun ammunition, and 21 years of age or older to purchase handgun ammunition. Verification may be required. Firearm, ammunition and magazine legal requirements change rapidly by state, therefore Jay’s Sporting Goods reserves the right to cancel orders at our discretion for any reason. It is your responsibility to determine that this is legal in your area, if you are unsure contact your local law enforcement, local FFL, or state governing agency.
The following are area’s we do not ship ammunition and we are not limited to only these areas:
- New York
- Washington DC
- U.S. Territories
- APO/FPO addresses
- International addresses
- Post office boxes
- U.S. zip codes starting with 606, 607, 608.
An age verification process will be applied to magazines purchased as well as adult signature to all purchases of magazines. Age restrictions vary by state, therefore Jay’s Sporting Goods reserves the right to add proof of age requirements as it feels necessary to be compliant with state and local laws. Firearm, ammunition and magazine legal requirements change rapidly by state, therefore Jay’s Sporting Goods reserves the right to cancel orders at our discretion for any reason. It is your responsibility to determine that this is legal in your area, if you are unsure contact your local law enforcement, local FFL, or state governing agency.
The following are area’s we do not ship certain types and capacity magazines or may require additional proof of age. We are not limited to only these areas:
- New York
- Washington DC
- New Jersey
- U.S. zip codes starting with 600. 601, 603, 604, 605, 606,607,608
We do not ship to:
- U.S. Territories
- APO/FPO addresses
- International addresses
- Post office boxes
THE WEBSITE IS OPERATED AND THE PROMOTIONAL PROGRAMS ARE RUN ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, JAY’S SPORTING GOODS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE, ANY PROMOTIONAL PROGRAM, AND ANY PRODUCT OR SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. IN ADDITION, WITHOUT LIMITING THE GENERAL NATURE OF THIS DISCLAIMER:
- JAY’S SPORTING GOODS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WEBSITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT OR WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
- JAY’S SPORTING GOODS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR IN PROMOTIONAL PROGRAMS IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
- JAY’S SPORTING GOODS DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
JAY’S SPORTING GOODS DOES NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THE WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
JAY’S SPORTING GOODS ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THE WEBSITE OR IN ANY OF THE PROMOTIONAL PROGRAMS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL JAY’S SPORTING GOODS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH RESPECT TO THIS WEBSITE, ANY PROMOTIONAL PROGRAM, AND ANY PRODUCT OR SERVICE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HHP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE PROMOTIONAL PROGRAMS, OR ANY OF THEIR RESPECTIVE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR PARTICIPATING IN THE PROMOTIONAL PROGRAMS. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HHP UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless Jay’s Sporting Goods, its affiliates, agents, employees, members, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Website, violation of these terms & conditions of use, violation of any law or regulation, or violation of any proprietary or privacy right.
Applicable Law and Consent to Jurisdiction
By accessing and using the Website, participating in any promotional program, or by using any Jay’s Sporting Goods product or service you agree that your access, use, and participation is subject to, governed by, and interpreted in accordance with the laws of the State of Michigan, United States of America, without regard to its conflict of law provisions.
Regardless of where you access or use the Website, participate in any promotional program, or use any Jay’s Sporting Goods product or service you agree that any action at law or in equity arising out of, or relating to, these terms & conditions of use must be filed and adjudicated only in the State Courts located in Clare County, Michigan, USA or in the Federal District Court for the Eastern District of Michigan located in Bay City, Michigan, USA. Moreover, you hereby irrevocably and unconditionally consent and submit to the personal and exclusive jurisdiction of such courts over any suit, action, or court proceeding arising out of these terms & conditions of use.
YOU AGREE TO WAIVE YOUR RIGHTS TO A TRIAL BY JURY (REGARDLESS OF THE SOURCE OF SUCH RIGHT) IN ANY ACTION AGAINST JAY’S ARISING FROM AND/OR DIRECTLY OR INDIRECTLY RELATED TO OR CONNECTED WITH THESE TERMS AND CONDITIONS OF USE.
Limitations on Claim
Any cause of action you may have arising out of or related in any way to your use of the Website, any promotional program, or any Jay’s Sporting Goods product or Service must be commenced within six (6) months after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of these terms & conditions of use, or portion of it, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms & Conditions of Use, and the remainder of these Terms & Conditions of Use shall continue in full force and effect.
Waiver and Severability
No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Notwithstanding any of these terms and conditions of use, we reserve the right, without notice and at our sole discretion, to terminate your license to use the Website or exclude you from any and of the promotional programs, and to block or prevent future access to and use of the website or the promotional programs if you violate any of these terms and conditions of use. Upon termination, the terms and conditions of use will still apply.