PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING WEBSITE
By accessing or using this website, mobile application or other www.aflgo.com products or services (collectively the “Program”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of www.aflgo.com (“AfLGO APPAREL”). AFLGO APPAREL may change these Terms of Use at any time without notice, effective upon its posting to the Program. Your continued use of the Program shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Program.
IMPORTANT NOTICE FOR AMATEUR ATHLETES YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS PROGRAM DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. AFLGO APPAREL IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE PROGRAM RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
*
PHYSICAL ACTIVITY NOTICE
The Program may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. AFLGO APPAREL is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Program.
*
INTELLECTUAL PROPERTY
All intellectual property on the Program (except for User Generated Content) is owned by AFLGO APPAREL or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the AFLGO APPAREL name and the Logo design) are owned, registered and/or licensed by AFLGO APPAREL. All content on the Program (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of AFLGO APPAREL; All rights reserved.
*
PROGRAM USE RESTRICTIONS
You may use the Content only for your own non-commercial use to participate in the Program or to place an order or purchase AFLGO APPAREL products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Program. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Program, including User Generated Content (defined below), without AFLGO APPAREL prior written consent, unless it is your own User Generated Content that you legally post on the Program. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
*
PRODUCT ORDERS
All orders placed through the Program are subject to AFLGO APPAREL acceptance. This means that AFLGO APPAREL may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later canceled, AFLGO APPAREL will issue you a refund.
*
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your AFLGO APPAREL account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Program. AFLGO APPAREL is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
*
USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Program users post or otherwise make available on or through the Program, except to the extent the Content is owned by AFLGO.
*
POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Program. Do not take any action or post anything that may expose AFLGO or its users to any harm or liability of any type.
*
BE RELEVANT AND CONSTRUCTIVE
Stay on topic and post only constructive comments and questions. Unless the Program feature asks for it, don’t talk about policies, future products, speculations or rumors about AFLGO and AFLGO products, or anything else off topic.
*
BE COURTEOUS AND APPROPRIATE
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in AFLGO’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk,” intimidate, abuse, harm or harass another Program user or person.
*
BE PRIVATE
Do not post personal information. Do not collect or solicit personal information from other Program users or send unsolicited emails or other communications. Do not collect, use or post on the Program the private information of anyone else without their consent or for illegal purposes.
*
BE PERSONAL
The Program is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Program or accept payment from a third party in exchange for your performing commercial activity on the Program. Do not post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” Do not use automated scripts to collect information from, or otherwise interact with, the Program.
*
BE YOURSELF
Do not impersonate any person or entity, including without limitation to athletes or AFLGO employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one AFLGO account, register a AFLGO account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.
*
BE ORIGINAL
You promise that you own or control all rights in any User Generated Content that you post on the Program. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant AFLGO all of the license rights granted in these Terms of Use.
*
BE LEGAL
Do not post any User Generated Content, take any action or use the Program in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Program designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Program. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Program security technology or software.
*
GENERAL RULES FOR USER GENERATED CONTENT
AFLGO does not pre-screen User Generated Content. AFLGO does not guarantee the Program will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. AFLGO is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Program. Even in the event AFLGO chooses to monitor any User Generated Content, AFLGO assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. AFLGO reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
*
ELIGIBILITY AND REGISTRATION
To become a member of the AFLGO Program, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Program. This Program is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Program. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.
*
AFLGO APPAREL’S RIGHTS TO YOUR POSTING
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to AFLGO a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
*
COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the Program, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Program the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give JAFLGO legally sufficient notice to AFLGO APPAREL of infringement. Send copyright infringement complaints to:
Email: info@aflgo.com
We suggest that you consult your legal adviser before filing a notice with AFLGO APPAREL’S copyright agent, because there may be penalties for false claims.
*
LINKS
The Program may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). AFLGO does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. AFLGO is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.
*
MOBILE SERVICES
The Program contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using AFLGO APPAREL’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
*
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless www.aflgo.com its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Program, your conduct in connection with the Program or with other Program users, or any violation of these Terms of Use, any law or the rights of any third party.
*
PRIVACY
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Program.
*
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. AFLGO APPAREL is not responsible or liable for any loss or damage resulting from any interaction with other Program users, persons you meet through the Program , or persons who find you because of information posted on, by or through the Program. You agree to take reasonable precautions in all interactions with other users on the Program, and conduct any necessary investigation before meeting another person. AFLGO is under no obligation to become involved with any user dispute, but may do so at its own discretion.
*
WARRANTY DISCLAIMER
AFLGO APPAREL is not responsible or liable for any User Generated Content or other Content posted on the Program or for any offensive, unlawful or objectionable content you may encounter on or through the Program. The Program, User Generated Content, Content, and the materials and products on this Program are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, AFLGO APPAREL disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. AFLGO APPAREL cannot guarantee and does not promise any specific results from use of the Program. AFLGO APPAREL does not represent or warrant that the Program will be uninterrupted or error-free, that any defects will be corrected, or that this Program or the server that makes the Program available are free of viruses or anything else harmful. To the fullest extent permitted by law, AFLGO APPAREL does not make any warranties or representations regarding the use of the materials or Content in the Program in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Program, loss of data or other harm of any kind that may result. AFLGO APPAREL reserves the right to change any and all Content and other items used or contained in the Program at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
*
LIMITATION OF LIABILITY
AFLGO APPAREL SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PROGRAM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PROGRAM OR THE CONDUCT OF OTHER PROGRAM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A AFLGO APPAREL EVENT OR ANY USER GENERATED CONTENT, EVEN IF AFLGO APPAREL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PROGRAM. YOUR ONLY REMEDY AGAINST AFLGO APPAREL FOR USE OF THE PROGRAM OR ANY CONTENT IS TO STOP USING THE PROGRAM. THAT SAID, IF AFLGO APPAREL IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PROGRAM OR ANY CONTENT, AFLGO APPAREL’S LIABILITY SHALL NOT EXCEED $100.00 (USD). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
*
MISCELLANEOUS
You agree that this Program shall be deemed a passive website solely based in Florida, USA, which does not give rise to personal jurisdiction over AFLGO APPAREL in jurisdictions other than Florida. You agree that this Program, Terms of Use, Privacy Policy and any dispute between you and AFLGO APPAREL shall be governed in all respects by Florida law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. These Terms of Use are further subject to Florida “Sales” Statutes. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Program (including but not limited to the purchase of AFLGO APPAREL products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Hillsborough County, Florida. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Hillborough County, Florida. Any cause of action or claim you may have with respect to the Program (including but not limited to the purchase of AFLGO APPAREL products) must be commenced within one (1) year after the claim or cause of action arises. By using the Program, you agree to receive certain electronic communications from AFLGO APPAREL. You agree that any notice, agreement, disclosure or other communication that AFLGO APPAREL sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. AFLGO APPAREL’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. AFLGO APPAREL may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
*
SEVERABILITY
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
*
TERMINATION
AFLGO APPAREL reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Program for any or no reason, without notice, and without liability to you or anyone else. AFLGO APPAREL also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Program. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Program, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Program or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.