Terms & Conditions

TERMS AND CONDITIONS

The GOG Web Site https://www.gooutdoorgear.com (the "GOG Website") is owned by Go Outdoor Gear, LLC. ("GOG"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE GOG Website. YOUR USE OF THE GOG Website CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE GOG Web Site or make a purchase from GOG.

Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on the GOG Website are subject to change at any time without notice. Certain weights, measurements, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of all products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the GOG Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the GOG Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Please check local laws before ordering. Buyer assumes all risk and liability associated with the purchase, possession and use of any/all products purchased from GOG. Upon purchasing or receiving a product and/or service from GOG you are agreeing to hold GOG completely harmless with no legal liability for any reason whether known or unknown at the time of purchase.

Shipping Limitations
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the GOG Website. All purchases from the GOG Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the GOG Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. In any event shipping charges are not refunded for any reason.

Accuracy of Information
We attempt to ensure that information on the GOG Website is complete, accurate and up to date. Despite our efforts, the information on the GOG Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or up to datedness of any information on the GOG Website. For example, products included on the GOG Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the GOG Website. In addition, we may make changes in information about price and availability without notice. In the event of a pricing error on the GOG Web Site, we reserve the right to cancel any orders resulting from such pricing errors. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer for any reason. We also may require verification of information prior to the acceptance and/or shipment of any order.

Use of the GOG Website
The GOG Website is a general purpose web site and is not targeted towards children under 13. By registering an account on the GOG Website, you represent and warrant that you are 18 years of age or older. If we become aware that you are under 18, we will terminate your registration. You may use the GOG Website solely for your personal, non-commercial use. You acknowledge and agree that we do not control the User Content posted to the GOG Website, or any links to other web sites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent our views. You understand that, by using the GOG Website, you may be exposed to User Content that is offensive, indecent or objectionable. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password at all times with no exceptions.

 

Intellectual Property
The GOG Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from the GOG Website (excluding User Content) are either the property of, or used with permission by GOG. Our service providers and licensors are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material.

As a user of the GOG Website you may post content, including reviews, profile information, photographs, video, messages or other materials ("User Content") and share it with other Users. Subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you, however by posting content you grant GOG express permission to use your content in any and all ways without limitations.

Certain trademarks, trade names, service marks and logos used or displayed on the GOG Website are the property of GOG’s affiliates or our licensors. Nothing contained on the GOG Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the GOG Website without the written permission of GOG or such third party owner.

 

Restrictions of Use of the GOG Website
By using the GOG Website, you agree that you will not:

• Create or maintain any link from another web site to any page on the GOG Website without GOG's prior written permission;
  
  
• Run or display the GOG Website or any material displayed on the GOG Website in frames or through similar means on another website without GOG's prior written permission;
  
  
• Modify the information or materials located on the GOG Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose;
  
  
• Use any robot, spider, web site search application or other device to retrieve or index any portion of the GOG Website (Google, Yahoo, Bing & GOG service providers excluded);
  
  
• Collect any information about other Users, including usernames and email addresses;
  
  
• Create or transmit to other Users unsolicited electronic communications, such as spam, or otherwise interfere with the other User's' enjoyment of the GOG Website;
  
  
• Transmit or upload to the GOG Website any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the GOG Website;
  
  
• Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the GOG Website or the IT infrastructure used to operate the GOG Website;
  
  
• Submit to the GOG Web Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the GOG Website to transfer or store illegal material; or
  
  
• Use the GOG Website or any User Content to violate any applicable local, state, federal or international law.

 

Third Party Links
From time to time, the GOG Website may contain links to websites that are not owned, operated or controlled by GOG or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the GOG Website. Neither GOG nor any of its affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from any other web site. Neither GOG nor any of its affiliates, service providers or suppliers endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such web sites. If you decide to access any other website linked to or from the GOG Website, you do so entirely at your own risk.

 

Inappropriate User Material
You are prohibited from posting or transmitting any content that:

• Is unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material;
  
  
• Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
  
  
• Is patently offensive to Users of the GOG Website, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
  
  
• Harasses or advocates harassment of another person.

 

User Content Posted by You
User Content is and will be considered non-confidential and nonproprietary. You are solely responsible for any User Content you post, publish or display on the GOG Web Site or transmit to Users. You will post only User Content you believe in good faith to be true and accurate and you will not post to the GOG Website any User Content that is false, inaccurate, misleading or fraudulent. GOG may, but is not obligated to, monitor or review any User Content. GOG shall have no obligations to use, return, review, or respond to any User Content. GOG will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

GOG retains the right to remove any or all User Content for any or no reason, including User Content that, in our sole discretion, violates these Terms of Use, is offensive or illegal or may harm, violate the rights of or threaten the safety of any User or any other individual or entity including GOG.

By uploading User Content to the GOG Website, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:

• GOG and our service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution; and
  
  
• Subject to the restrictions set forth in these Terms of Use, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non-commercial use.
  
  
• You understand that GOG may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your User Content ("Idea"), that GOG may already know of such Idea from other sources, and that GOG may simply wish to develop such idea or a similar idea on its own.
  
  
  

DISCLAIMERS
YOUR USE OF THE GOG GOG Web Site AND OF ANY USER CONTENT IS AT YOUR OWN RISK.

The materials and services provided in connection with the GOG Website are provided “AS IS” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither GOG nor any of GOG’s affiliates or other service providers or suppliers warrant the accuracy or completeness of the materials or services provided on or through the GOG Website.

The materials and services provided on or through the GOG Web Site may be out of date and neither GOG or any GOG affiliates or other service providers or suppliers make any commitment or assume any duty to update such materials or services.

All products and services purchased on or through the GOG Website are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any.

To the fullest extent permissible by applicable law, GOG disclaim all warranties of any kind, either expressed or implied, including any implied warranties with respect to the products and services listed or purchased on or through the GOG Website.

Without limiting the generality of the foregoing, GOG hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear or otherwise, product misuse, abuse, product modification, improper product selection, non-compliance with any codes or misappropriation.

GOG makes no warranties to those defined as “CONSUMERS” in the Magnuson-Moss Warranty Federal Trade Commission Improvements Act. The foregoing exclusions of implied warranties DO NOT apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

 

LIMITATIONS OF LIABILITY
Neither GOG assumes or accepts any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the GOG Website or your downloading of any materials from the GOG Website.

In no event with GOG or GOG’s respective members, officers, directors, employees, shareholders, affiliates, agents, successors, spouses, assignees, retail partners, vendors nor any party involved in the creation, production or transmission of the GOG Website be liable to any party for any indirect, special, punitive, incidental or consequential damages (Including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the result of use of the GOG Website, any websites linked to the GOG Website, or the materials, information or services contained at any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In the event of any problem with the GOG Website or any content, you agree that your sole remedy is to cease using the GOG Website. In the event of any problem with the products or services that you have purchased on or through the GOG Website you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on the GOG Website.

 

Copyrights
If you believe any User Content or any other aspect of the GOG Website infringes your copyright, you should send written notice of copyright infringement to our customer service department by email at this address: CS@GoOutdoorGear.com

Your notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:

1. A description of the copyrighted work that you claim has been infringed;
   
   
2. A description of where the material that you claim is infringing is located on the GOG Website;
   
   
3. Your address, telephone number and email address;
   
   
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
   
   
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
   
   
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
   
   
   

Counter Notice
If you believe that your User Content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent or pursuant to the law, to post and use the content in your User Content, you may send a counter notice to CS@GoOutdoorGear.com containing the following information:

1. Your physical or electronic signature;
   
   
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
   
   
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
   
   
4. Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal divisional court in Knoxville, Tennessee and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, GOG may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GOG's sole discretion.

 

Disputes; Choice of Law; Jurisdiction
These Terms of Use supersede any other agreement between you and GOG to the extent necessary to resolve any inconsistency or ambiguity between them. The GOG Website is administered by GOG from its offices in Tennessee. These Terms of Use will be governed by and construed in accordance with the laws of the state of Tennessee, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to your visit to or participation on the GOG Website, including compliance with these Terms of Use shall be submitted to confidential arbitration in Knoxville, Tennessee, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state courts of Tennessee or the United States District Court for the Eastern District of Tennessee and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Indemnity
You agree to indemnify and hold GOG and GOG’s respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorney fees and court costs arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to: (i) your access to and use of the GOG Website; (ii) any User Content posted, uploaded or transmitted by you; (iii) your use or distribution of any User Content; (iv) your violation of these Terms of Use; or (v) the infringement or other violation by you or any third party using your account or password of any intellectual property or other right of any person or entity.

 

Termination
You or we may suspend or terminate your account or your use of the GOG Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the GOG Web Site at any time without notice.

 

Limitations of Liability Regarding Product Purchase, Transfer, And Use
Use of products sold by GOG could be hazardous, cause serious injury or even death. Buyer voluntarily accepts the risk of using products with knowledge of the potential danger and agrees to assume any and all risk of bodily injury, death, or property damage, whether those risks are known or unknown. Buyer verifies acceptance of these terms and conditions upon payment. Buyer agrees to forever hold harmless and release the seller (Go Outdoor Gear, LLC), the sellers agents, any officers or directors, members, employees, volunteers, contractors and representatives (collectively releases) from any and all legal actions, claims or demands that GOG, it's members, assignees, heirs, guardians, next of kin, spouse, and legal representatives now have, or may have in the future, for injury, death, property damage, loss of use, loss of wages, or any other issues that could possibly arise out of possession or use of any products or services sold by GOG.
 

Body Armor Purchases
Even though body armor is a defensive product, GOG will not sell to felons or minors, and it is against the law for a felon to possess body armor under both federal law and state law in many states, unless required by your employer. By purchasing body armor from GOG, you certify that you are law-abiding US citizen, over the age of 18 & have no felony convictions or mental illnesses that you have been hospitalized for. You also certify that you are not purchasing body armor for anyone that is not a law-abiding US citizen, is under the age of 18 (unless for your dependent child), or has a felony conviction or a mental illness that they have been hospitalized for.

Please check local laws before ordering. Buyer assumes all risk and liability associated with the purchase, possession and use of body armor and by purchasing body armor from GOG you are agreeing to hold GOG completely harmless with no legal liability for any reason whether known or unknown at the time of purchase.

 

Limitations on Amount of Liability
GOG assumes no liability for any reason resulting from use of the GOG Website or any product sold on our through the GOG Website. However, should there be any law in any U.S. state or any other country that states there is some liability for any reason related to use of the GOG Website or any product purchased on the GOG Website under no circumstances will GOG be held liable for more than the amount paid by the customer to GOG for goods and/or services during the last 30 days prior to the event giving rise to liability. You fully accept and agree to this when you use the GOG Website or purchase goods and/or services on or through the GOG Website. If you do not agree to this DO NOT use the GOG Website or purchase any goods or services from GOG as doing so legally binds you to this agreement.

 

Force Majeure
GOG will not be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, internet disturbances, and issues arising from 3rd parties such as USPS, FedEx or UPS) that was beyond the party’s reasonable control.

 

Revisions to these Terms of Use
GOG may revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you.

Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the GOG Website. Your continued use of the GOG Website after any modifications indicates your acceptance of the modified Terms of Use.

 

Additional Assistance
If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact our customer service department by email at:

CS@GoOutdoorGear.com or by calling toll-free: 1-844-Gear2Go.