White River Marine Group

These Terms of Use and Community Guidelines, including any terms and conditions incorporated by reference (collectively, these “Terms of Use”) constitute a binding agreement between you and White River Marine Group, LLC (“White River,” “we,” “us” or “our”), when you access any website offered by us, including, without limitation, whiterivermg.com, trackerboats.com, rangerboats.com, suntrackerboats.com, regencyboats.com, nitro.com, tritonboats.com, makoboats.com, tahoeboats.com, trackeroffroad.com, hatterasyachts.com, bassproboatingcenters.com, whiteriverfs.com, outdoorteamworks.com (collectively, the “Sites”), any mobile app offered by us, or any other platform we may provide (individually and collectively with the Sites, the “Platform”) and any features, functions, services, rewards, offers, products, Materials (as defined below) or information available on or through the Platform (collectively, and with Your access to or use of the Platform itself, the “Services”) in existence now or in the future. You are referred to herein as “you” or “your.” Together, you and Bass Pro are referred to herein as the “Parties.” The (i) Privacy Policy posted at https://www.whiterivermg.com/privacy.html; and (ii) Text Message Terms, posted at https://www.basspro.com/shop/en/sms also form part of these Terms of Use.

BY ACCESSING OR USING OUR SERVICES, YOU: (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (II) REPRESENT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO ENTER INTO A BINDING AGREEMENT; AND (III) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES. In addition to the foregoing, you acknowledge that these Terms of Use govern your conduct associated with the Services offered by White River and to the extent of any conflict between the Privacy Policy or Text Message Terms and these Terms of Use, these Terms of Use shall control.

You acknowledge that the right to use the Services is personal to you and is not transferable to any other person or entity. We reserve the right to change these Terms of Use at any time, for any reason and no reason, and you agree to be bound by any such changes. If we decide to change these Terms of Use, the effective date will be posted so that you will always know what terms of use apply when you use the Services.

Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Services shall be subject to these Terms.

Any breach of these Terms of Use immediately terminates your right to access and use the Services and all rights and licenses granted to you by these Terms of Use.

THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

1. Our Products

We use reasonable efforts to accurately display our products are offered through the Services; however, from time to time, there may be information on our Platform or through the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. You acknowledge that we are not responsible if information made available on the Platform or through the Services is not accurate, complete or current. Further, the inclusion of any products or services on our Platform or through the Services does not imply or warrant that such products or services will be available through the Platform, or through the Services, or in all of our stores at any particular time.

In addition to the foregoing, you acknowledge that the actual color for each product that you may see on our Platform or through the Services will depend on the settings on your device, and we cannot guarantee that your device will accurately display the color of the product. Further, all features, specifications, products and prices of products and services described on our Platform or through the Services are subject to change at any time without notice.

2. User Responsibilities

You may choose to establish an account on our Platform (“Account”), and may be required to provide certain information, including your email address to access the Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account. Any personally identifiable information you provide to us through the Platform or through the Services is subject to our Privacy Policy.

You agree to accept responsibility for all activities that occur under your Account. We may suspend or terminate your Account at any time, for any reason or no reason and without prior notice to you.

You are solely responsible for reading and complying with any supplemental terms and/or rules that we may provide from time to time in addition to these Terms of Use, including, without limitation, those for any contests, sweepstakes, promotions or other additional features made available on our Platform or through the Services.

3. Intellectual Property Rights

The Platform and Services, including all of its contents, such as media, web applications, mobile applications, software, materials, design, text, images, photographs, videos, audio, proprietary information, as well as any accompanying documentation or other written materials, tangible or intangible, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all intellectual property rights therein but excluding, for the avoidance of doubt, any Trademarks (as defined and described below) (all of the foregoing, individually and collectively, the “Materials”) are the property of White River or our suppliers, licensors or service providers. You are hereby granted a limited license (without the right to sublicense) to access and use the Materials, solely for your personal, non-commercial use, provided you do not alter or remove any copyright or other proprietary notices. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms of Use. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials, in whole or in part, for any public or commercial or competitive purpose or in connection with any AI Tool (as defined below) without our prior written permission.

You acknowledge that we may revoke the foregoing limited license at any time for any or no reason and that we will enforce our intellectual property rights to the fullest extent of the law.

As between you and White River (or our licensors, affiliates, sponsors, or any other third parties), White River (or the respective licensor, affiliate, sponsor or third party) is the owner and/or authorized user of any trademark (including registered and applied-for trademarks), logo, trade name and/or service mark appearing on the Platform or Services (“Trademarks”). You may not use any Trademarks, including the White River logos and trademarks, in any manner without our express written consent, regardless of whether or not the Trademark is registered.

4. Conduct on the Platform

You understand the Platform and Services are available for your personal, non-commercial use only. By accessing the Platform and Services, you agree that you will not, and you will not allow a third party acting on your behalf to, without White River's express prior written consent:

access, monitor, copy or extract the Materials or any User-Provided Content using a robot, spider, script, or other automated means, including, for the avoidance of doubt, for the purposes of creating, training, fine-tuning or developing any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology (“AI Tool”), data mining or web scraping or otherwise compiling, building, creating or contributing to any collection of data, data set or database (other than for a public search engine's use of spiders for creating search indices to the extent not disallowed by us);
use the Platform or Services for commercial activities or sales, or solicit any users for money, gifts, or donations;
use the Platform or Services in any unlawful manner or otherwise inconsistent with any applicable laws and regulations;
download or save a copy of any of the Platform or Services for any purpose except as otherwise provided by White River;
engage in conduct constituting, or encouraging conduct that would constitute, a criminal offense giving rise to civil liability or otherwise violate any city, state, national or international law or regulation; or
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.

If you make use of the Platform or Services in a manner other than as provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability.

5. Security Rules

Violation of the system or network security of our Platform and Services may result in civil or criminal liability. You acknowledge that White River will investigate security incidents in accordance with its policies and applicable law and may involve, and cooperate with, law enforcement authorities in connection with the foregoing.

You are prohibited from engaging, or encouraging or permitting any third party to engage, in any activity that could impact the functionality, availability, performance, or security of the Platform or Services, including, without limitation, any of the following activities:

accessing data or information available on the Platform or Services that is not intended for you or logging into an Account for which you are not authorized to access (including through hacking, password mining or any other illicit means);
probing, scanning or testing the vulnerability of the Platform or Services;
breaching the security or any authentication measures on the Platform or through any of the Services;
interfering with the availability of the Platform or Services, including, without limitation, via means of submitting a virus to the Platform or Services, overloading, “flooding,” “mailbombing” or “crashing”; or sending unsolicited emails, including promotions and/or advertising of products or services;
interfering with the Platform networks or network security or using the Platform to gain unauthorized access to any of our systems or any third-party systems;
reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the Platform, Services or Material;
posting, submitting, inputting or transmitting any information or content (including User-Provided Content) that contains corrupted files, viruses, or other similar software files, that may damage the operation of the Platform or Services or any device or information technology system of any other user of the Platform or Services;
using the Platform or Services in a manner that could damage, disable, overburden or impair the Platform or any Service;
forging any TCP/IP packet header or any part of the header information in any manner;
obtaining information or Account access from or about any user of our Services via any means including, without limitation, impersonation, false representations, “phishing” or “pharming” or misrepresentation; or
attempting to do any of the foregoing.

6. Content Materials You Submit

You acknowledge that our Platform and Services may allow you the opportunity to post, upload, share, publish, display or otherwise make available (“Post”) content on the Platform (“User-Provided Content”) including product reviews and testimonials. We do not review and are not responsible for any User-Provided Content Posted on our Platform. You accept sole responsibility for any User-Provided Content that you Post. All User-Provided Content that you Post is subject to the requirements set forth in these Terms of Use.

You understand and agree that User-Provided Content may be accessed and viewed by others, including by the general public, and, whether or not such User-Provided Content is published, White River does not guarantee any confidentiality with respect to such User-Provided Content. With respect to the User-Provided Content Posted by you, you are solely responsible for such User-Provided Content and the consequences of its publication on the Platform or elsewhere. You agree that you may not Post any User-Provided Content unless you are over the age of 18.

You may not Post any User-Provided Content, or any other information, material or content that is, or may reasonably be considered to be:

confidential, proprietary, false, fraudulent, libelous, defamatory, threatening, or an invasion of privacy or publicity rights;
infringing on any third-party intellectual property rights or other proprietary rights or rights of publicity or privacy;
illegal or otherwise objectionable or constituting or encouraging a criminal offense;
violating the rights of any party or otherwise creating liability or violating any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
concerning a political campaign;
a “mass mailing,” chain letter or spam;
known by you to be false, inaccurate or misleading;
unsolicited or unauthorized advertising, or constituting a pyramid schemes or cash gifting scheme; and/or
obscene, sexually explicit, insulting, vulgar, hateful, abusive, excessively violent, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.

In addition to the foregoing, you agree to not to Post any content for which you were compensated or granted any consideration or incentive (directly or indirectly) by any third party or include any information that references other websites, addresses, email addresses, contact information or phone numbers.

Any User-Provided Content shall not be construed as a reflection of our opinion or view on any particular topic and you acknowledge and agree that under no circumstances are we liable in any way as a result of your use of or your reliance on any User-Provided Content.

You understand and agree we have the right, but no obligation to archive or restrict, limit or remove any User-Provided Content, or limit the ability for users to Post User-Provided Content without notice or liability, including if we believe any User-Provided Content violates these Terms of Use or is otherwise harmful to the Platform or Services, to the fullest extent permitted under law.

By Posting any User-Provided Content, you hereby grant to White River and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), unlimited right and license to use, copy, reproduce, adapt, translate, distribute, publicly perform, prepare derivative works of and otherwise exploit such User-Provided Content for any purpose (including, but not limited to, commercial, advertising, marketing or otherwise), throughout the world in any form or media now or hereafter known. You waive any right to inspect or approve any material in which White River may use your User-Provided Content, and understand we may crop, shape, or otherwise adjust any User-Provided Content.

You represent and warrant that you own or otherwise control all of the rights to the User-Provided Content that you post, that the User-Provided Content is accurate and that use of the User-Provided Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You understand and agree that, as between us and you, subject to the rights granted in these Terms of Use, you retain full ownership of all your User-Provided Content, including any intellectual property rights or other proprietary rights associated with your User-Provided Content. You acknowledge and agree that White River will not in any way be responsible for paying any royalties and other fees that might be due to any person or entity in connection with your User-Provided Content. Further, you acknowledge that you are not entitled to any compensation in connection with the User-Provided Content you make available to us.

You may request removal of any of your User-Provided Content on the Platform or Services by sending a removal request email to legal@basspro.com from the email address provided when you submitted your User-Generated Content; your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted. However, White River does not guarantee you will have the right to edit or delete any User-Provided Content submitted on our Platform or through our Services.

7. Notice of Abuse

If you become aware of any abuse of our Platform or Services or use of our Services in violation of these Terms of Use, please report that circumstance to us at abuse@basspro.com and we will investigate and take responsive action. If you are the parent of a child under the age of 18 you may instruct us to terminate the account of your own child upon satisfactory showing of your authority.

8. Termination

You may terminate any rewards that you have with us at any time through your Account.

We reserve the right, in our sole and exclusive discretion, to refuse, suspend, restrict or terminate your access to the Platform or Services, or any portion thereof, without notice and for any reason or no reason, including: at the request of law enforcement or other government agencies; if the Platform or Services are discontinued or materially modified; upon the occurrence of any technical or security issues or problems; if you engage in any conduct that we believe, in our sole and exclusive discretion, violates any provision of these Terms of Use, Community Guidelines or other incorporated agreements or guidelines, or violates the rights of White River or third parties; or upon any breach by you of these Terms of Use.

Accounts that are inactive for more than one year may be removed by us without further notice.

9. Links to Other Sites

These Terms of Use only relate to your use of the Platform and Services and do not relate to any other website or internet-based services or other websites or browser extensions to which our Platform or Services may link, including links to websites and services of our partners, suppliers, affiliates, advertisers and other third parties (collectively, the “Third-Party Sites”). References or links to any Third-Party Site are provided for your convenience and information only (for example, if we think you may enjoy or access the information contained therein). We do not endorse, take responsibility for, monitor or check for accuracy, appropriateness or completeness of any Third-Party Site. If you decide to access any Third-Party Site, we may not warn you that you have left our Platform or Services and are subject to the terms and conditions and privacy policies of such Third Party Site and you access such Third-Party Site at your own risk. We encourage you to review any terms and conditions and policies of any Third-Party Sites.

You understand and agree to release White River from any and all liability, direct or indirect, and for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertising, products, services, information or other materials on any Third-Party Site.

10. Copyright Complaints

We respect the intellectual property rights of others and prohibit users from Posting any materials that infringe another party's intellectual property rights. If a copyright owner believes that its copyrights have been used on our Platform or Services in a way that constitutes copyright infringement, the copyright owner (“Complaining Party”) should notify our designated copyright agent (as identified below). To be effective, such notification must include:

(i) an electronic or physical signature of the Complaining Party or such person authorized to act on behalf of the owner of the Complaining Party;
(ii) a description of the copyrighted work claimed to be infringed upon;
(iii) a description of where the material that you claim is infringing is located on the Platform or Services;
(iv) information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as your address, telephone number, and email address;
(v) a statement that the Complaining Party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by the Complaining Party, made under penalty of perjury, that the information including in the notice is accurate and that the Complaining Party or such person authorized to act on behalf of the Complaining Party is the copyright owner of an exclusive copyright that is allegedly infringed. Pursuant to the Digital Millennium Copyright Act of 1976 (“DMCA”), our designated copyright agent for notice of claims of copyright infringement on the Platform or Services can be reached as follows:

Designated Copyright Agent: copyright-agent@basspro.com

We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the Accounts of users that we determine are repeat infringers.

Please note that under Section 512(f) of the Copyright Act, any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

11. Indemnity and Release

You agree to defend, indemnify and hold White River and its past, present or future parents, subsidiaries, and affiliates or any of their respective directors, officers, employees, agents or content or service providers, including, but not limited to, Bazaarvoice, Inc., harmless from any and all loss, claims, liabilities, damages, demand, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Platform or Services, your violation of the Terms of Use or any User-Provided Content, including, but not limited to, any third-party claim that any information or materials you provide infringe any third-party proprietary right. The foregoing defense and indemnification obligation will survive these Terms of Use and your use of the Platform or Services. You acknowledge and agree that White River may, at its option, control the defense or settlement of any such claims.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against White River and its past, present or future parents, subsidiaries, and affiliates or any of their respective directors, officers, employees, agents or content or service providers, including, but not limited to, Bazaarvoice, Inc. from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with your use of the Platform or Services, including any User-Provided Content that you may Post.

12. Disclaimer of Warranties

You understand and agree that:

THE PLATFORM AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WHITE RIVER MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, DATA SECURITY, OR UNINTERRUPTED ACCESS TO THE PLATFORM (INCLUDING THE SERVICES, MATERIALS OR USER-PROVIDED CONTENT), ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION PROVIDED ON THE PLATFORM OR THROUGH THE SERVICES AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WHITE RIVER DOES NOT WARRANT THAT THE PLATFORM (INCLUDING MATERIALS AND USER-PROVIDED CONTENT MADE AVAILABLE THEREBY) OR THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR SERVICES WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PLATFORM OR IN CONNECTION WITH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EXCEPT AS IS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS SECTION 12.

Neither we nor you will be responsible for any failure to meet any obligation which we or you have under these Terms of Use which is caused by circumstances beyond our or your reasonable control. This includes, but is not limited to fire, flood, natural disasters, armed conflict, terrorist attack, labor matters, pandemic, technology or telecommunications failures, cyberattacks, or any unauthorized third-party activities.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHITE RIVER, ITS PAST, PRESENT, OR FUTURE PARENTS, SUBSIDIARIES AND AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR SERVICES (INCLUDING ANY MATERIALS OR USER-PROVIDED CONTENT), INCLUDING, WITHOUT LIMITATION, ANY LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF GOODWILL OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WHITE RIVER OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF WHITE RIVER TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, LIABILITY, AND CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY OR TORT, INCLUDING, NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED) OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SERVICES OR THE PLATFORM EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHITE RIVER, ITS PAST, PRESENT, OR FUTURE PARENTS, SUBSIDIARIES AND AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU WITH RESPECT TO USE OF THE PLATFORM OR SERVICES (INCLUDING ANY MATERIALS OR USER-PROVIDED CONTENT) (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. YOUR SOLE REMEDY IS TO STOP ACCESS AND USE OF THE PLATFORM AND SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

14. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver, Jury Trial Waiver)

Please read this Section 14 carefully as it affects your legal rights. It provides for the resolution of most Disputes (defined below) through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only limited review by a court. This Section 14 also contains a class action waiver and a jury trial waiver. The class action waiver provision waives any and all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.

ARBITRATION AGREEMENT.

Binding Individual Arbitration: Any dispute or claim arising out of or relating to these Terms of Use, your use of the Platform or Services, or your relationship with White River, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either you or we may elect to have a Dispute heard in small claims court so long as it is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance unless you and White River agree otherwise. Dispute shall be interpreted broadly and include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior terms (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms of Use. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues that are reserved for a court in these Terms of Use; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. These Terms of Use and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and White River agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).

Mandatory Informal Dispute Resolution Process: Mindful of the costs and burdens associated with legal disputes, not only in dollars but also in time and energy, both you and White River agree to the following informal dispute resolution procedure before you or White River may initiate arbitration. In the event of any Dispute that arises between you and White River, the party asserting the Dispute shall first send written notice to the other party that includes all of the following information: (1) contact information (including name, address, email address, and telephone number); (2) a detailed description of the nature and basis of the Dispute and any claims; (3) a detailed description of the relief sought, including a good faith calculation for it; and (4) information sufficient to identify any account and transaction at issue. The notice must be personally signed by the party asserting the Dispute (and counsel, if represented). Your notice to White River must be sent to General Counsel, Great Outdoors Group, LLC, 2500 E. Kearney Street, Springfield, MO 65898. Our notice to you must be sent to the most recent contact information we have on file for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and White River agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a White River representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or White River may commence arbitration only if the Dispute is not resolved through this Process.

Arbitration Procedures: The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”), including the AAA's Consumer Arbitration Rules and Supplementary Rules (where appropriate) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. You and White River understand and agree that the AAA's administrative determination to register this arbitration agreement means it comports with the Consumer Due Process Protocol and that this determination is final and neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). If you are submitting an arbitration demand, you shall send it to White River at General Counsel, Great Outdoors Group, LLC, 2500 E. Kearney Street, Springfield, MO 65898 and follow the AAA Rules for initiating arbitration. If White River is submitting an arbitration demand, we shall send it to the most recent contact information we have on file for you and follow the AAA Rules for initiating arbitration. By submitting an arbitration demand, the party and counsel represent that, as in federal court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $10,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and White River reserve the right to request a hearing in any matter from the arbitrator. You and a White River representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms of Use as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered to the fullest extent permitted by applicable law.

Costs of Arbitration: Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and White River agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

Additional Procedures for Mass Arbitration: You and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If 25 or more similar claims (including your Dispute) are asserted against White River by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the claims, streamline procedures, address the exchange of information, modify the number of cases to be adjudicated, and conserve the parties' and the AAA's resources. If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute 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.

STAGE ONE: If at least 50 claims are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for White River shall each select 25 claims (50 total) to be filed and 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 (and if there are fewer than 50, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. 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 filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with mediator jointly selected by counsel in an effort to resolve the remaining claims (as informed by the adjudications of cases in Stage One), and White River shall pay the mediator's fee.
STAGE TWO: If the remaining claims that are part of the Mass Arbitration have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for White River shall each select 50 claims per side (100 total) to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of claims to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100, all shall proceed individually in Stage Two). No more than two cases may be assigned to a single arbitrator to proceed individually. 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 filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining claims with a mediator jointly selected by counsel in an effort to resolve the remaining claims (as informed by the adjudications of cases in Stages One and Two), and White River shall pay the mediator's fee.

Upon the completion of the mediation set forth in Stage Two, each remaining claim (if any), including your Dispute (if applicable), 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 these Terms of Use, including the other provisions of this Section 14. Notwithstanding the foregoing, counsel for the parties 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 cases 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 the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its 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 Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use, including the other provisions of Section 14.

Future Changes to Arbitration Agreement: If we make any future changes to this arbitration agreement (other than a change to White River's contact information), you may reject any such change by sending your personally signed, written notice to White River within 30 days of the change at General Counsel, Great Outdoors Group, LLC, 2500 E. Kearney Street, Springfield, MO 65898 with a clear statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and White River in accordance with this version of the arbitration agreement.

CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

YOU AND WHITE RIVER EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

15. Governing Law and Venue

Except with respect to the arbitration agreement, these Terms of Use and access and use of the Platform and Services are governed by the laws of the state of Missouri, without regard to Missouri's conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, or there is a challenge to the enforceability of these Terms of Use, you irrevocably consent to the exclusive jurisdiction of the federal and state courts encompassing Greene County, Missouri, for purposes of any legal action and waive any objections as to personal jurisdiction and to the laying of venue in such courts due to: (1) inconvenient forum or (2) any other basis or right to seek to transfer or change venue of any such action to another court.

16. General Information

The Terms of Use constitute the entire agreement between you and White River and govern your use of the Platform and Services, superseding any prior agreements between you and White River. You also may be subject to additional terms and conditions that are applicable to certain parts of the Platform or Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between White River and you as a result of this Agreement or your user of the Platform or Services.

The failure of White River to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 the Terms of Use remain in full force and effect.

In addition to such other provisions that, by their terms, survive any termination or expiration of these Terms of Use, the following sections shall survive termination of these Terms of Use and our relationship with you: (1) Indemnity; (2) Disclaimer of Warranties; (3) Limitation of Liability; (4) Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver); and (5) Governing Law and Venue.

You may not assign the Terms of Use or any of your rights or obligation under the Terms of Use without White River's express written consent.

The Terms of Use inure to the benefit of White River successors, assigns and licensees. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

17. General Content Guidelines

Any images uploaded to our Platform must adhere to the following guidelines:

Must be in BMP, PNG, GIF or JPEG format.
File size must be 5 MB or less.
Images but be at least 60 pixels tall and 60 pixels wide.
If you are not the copyright holder, you may not submit copyrighted images.
Objectionable images will be rejected.
Uploaded images become the property of White River.

When writing a question, answer or review on our Platform:

Use the product before writing the review.
When writing a review, focus on the product and your individual experience using it.
When writing a review, provide detail about why you liked or disliked a product.
When writing a review, please avoid info that changes, such as price and promotional details, info about other companies and websites, inappropriate language and attitude.
When writing a review, please do not submit any feedback other than for product reviews. If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please contact us directly using the Contact Us page of the applicable Platform.
Questions, answers and reviews must be in English
When writing a question or answer, make sure it is relevant to the product
When writing an answer, make sure it is relevant to the question being asked
When writing a question or answer, if applicable, include the model number

To protect your privacy, please do not submit email addresses, URLs, phone numbers, physical addresses or other forms of contact/personal information. We reserve the right to not post your question or answer if it violates these Terms of Use.

18. Questions and Suggestions

If you have questions about these Terms of Use, please contact our privacy team:

by email at: privacy@basspro.com and include your name and telephone number or mail address so that we can contact you; or
by letter to us at: Great Outdoors Group, LLC. Privacy Team, 2500 East Kearney, Springfield, Missouri 65898, making sure to include your name and mailing address or telephone number so that we can contact you.

19. Effective Date

Our Terms of Use were last updated December, 2024.

The White River Team

TERMS OF USE AND COMMUNITY GUIDELINES