Terms & Conditions
Important Legal Information
The following rules and regulations apply to all visitors or users of the Augustaactive.com Web Site, the home page of which is at www.augustaactive.com (“Web Site”). By using our Web Site, you agree to be bound by these terms of service, as they may be modified by us at any time in our sole discretion and posted on this Web Site. In the event of a violation of these terms or service, we reserve the right to seek all remedies available at law or in equity.
This Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials") are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by us as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in the Materials is conveyed to you. This is a limited, nonexclusive license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Web Site or any of its Materials without our prior written permission; (b) you may not access or use this Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. Valid and active Augusta Sportswear dealers and distributors are allowed to use product and/or color reference of product photographs and images without prior written approval.
All intellectual property on this Website is owned by Augusta Sportswear. (“Augusta”) or its affiliated companies, which includes trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Augusta or its affiliated companies and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of this Web Site. Your misuse of the trademarks displayed on this Web Site is strictly prohibited. You are also advised that we will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by official Augusta affiliates (the "Affiliate Sites"). These links are provided for your convenience only. In addition, certain Affiliate Sites also may provide links to this Web Site. None of such links should be deemed to imply that we endorse the Affiliate Sites or any content therein. We do not control and are not responsible or liable for any Affiliate Sites or any content, advertising, products, or other materials on or available from such Affilitate Sites. Access to any Affiliate Sites is at your own risk and we will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Affiliate Site.
We have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Augusta web page is prohibited absent our express written permission. Framing, inline linking or other association of this Web Site or its Materials with links, advertisements and/or other information not originating from the Web Site is expressly prohibited.
DISCLAIMER OF WARRANTY:
Access to this Web Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. We reserve the right to block or deny access to our Web Site to anyone at any time for any or no reason.
We control our Web Site from its offices within the State of Georgia. We do not imply that the materials published on our Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of our Web Site shall be governed by the laws of the state of Georgia, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Richmond County, Georgia.
LIMITATION OF LIABILITY:
IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
We may terminate, change, suspend or discontinue any aspect of our Web Site, including the availability of any features of the site, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. We may terminate the authorization, rights and license given above at any time and without notice. Your continued use of our Web Site after any changes to these terms are posted will be considered acceptance of those changes.
ERRORS AND INACCURACIES:
Our goal is to provide complete, accurate, up-to-date information on our Web Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Web Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.
You agree to defend, indemnify and hold harmless Augusta, its parent company and all of their officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Service, (ii) your user content, (iii) your use of the Materials or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
These Terms of Service (“TOS”) constitute the entire agreement between us and govern your use of our Website, superseding any prior agreements between you and Augusta. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Augusta Dealer WebServices shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. The failure of Augusta Dealer WebServices to exercise or enforce any right or provision of these terms or service shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. 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 our Website or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. As used herein, “Augusta Dealer WebServices” shall also mean “Augusta Sportswear.”