Updated November 13, 2019
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS THE COMPANY SERVICES OR THE SITE.
NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE THAT AFFECTS YOUR RIGHTS AND HOW DISPUTES ARE RESOLVED. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE WAIVER AND ARBITRATION CLAUSES; PLEASE READ CAREFULLY. CAPITALIZED TERMS USED IN THIS AGREEMENT MAY BE DEFINED AFTER THE FIRST USE OF SUCH TERMS.
This Agreement the references incorporated herein set forth the entire understanding between the parties and merges and supersedes all prior discussions, understandings, and agreements of any and every nature between them.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement with such jurisdiction or country. Accordingly, users who choose to access the Site do so on their own initiative and are solely responsible for compliance with local laws.
You agree that you are at least 18 years of age and able to enter a binding legal obligation.
By accessing the Site you agree to follow the rules of conduct. You, or any third-party acting on your behalf, may submit an originally owned or created design for the purpose of the Company selling products featuring your Design through the Site (hereafter known as “Company Services”).
You may not access or use the Site for any purpose other than that for which Company makes it available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
A) attempting to bypass any measures contained on the Site designed to prevent or restrict access to the Site, or any portion of the Site;
B) attempting to impersonate another user or person or using the username of another user;
C) criminal or tortious activity;
D) deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Site;
E) deleting the copyright or other proprietary rights notice from any Site Content;
F) creating a deep-link to any portion of the Site without expressed written consent by the Company;
G) engaging in any automated use of the system, such as any right of collection, copying, duplication, display or any derivative use of data mining, robots, spiders or similar data gathering and extraction tools without prior written permission. Note: a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they do so from a stable IP address or range of IP addresses using an easily identifiable agent.;
H) harassing, annoying, intimidating or threatening or using any information obtained from the Site in order to harass, abuse, or harm any Company employee, agent, or affiliate engaged in providing any portion of the Company Services to you;
I) interfering with, disrupting, or creating an undue burden on the Site, networks, links, or affiliates connected to the Site;
J) using Company Services as part of any effort to compete with Company;
K) using the Site in a manner inconsistent with any and all applicable laws and regulations.
By registering or creating an account on the Site you agree to comply with this Agreement; to not share your account information such as login or password; and to contact us immediately of any unauthorized use of your account or breach of security.
You also agree that Company may disclose user information if required to do so by law or if we believe, in good faith, that such disclosure is reasonably necessary to comply with legal process; enforce this Agreement; respond to legal claims; or protect the intellectual property of Company, users, or the public.
INTELLECTUAL PROPERTY RIGHTS OWNED BY COMPANY
The Content and the trademarks, service marks, and logos contained therein (“Marks”) are owned by or licensed to Company. Content is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective Content owner. Provided that you are eligible to use the Site, you are granted a limited license to access the Site and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Site and Content and Marks.
THIRD PARTY SITES
The Site includes links to other sites (“third party sites”) – external websites operated by those not associated with the Site or its affiliates; as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “third party content”). Such third-party sites and third-party content are not investigated, monitored or checked by us for accuracy, appropriateness, or completeness, and you agree that we are not responsible or liable for any third party content or claims represented by these third-party sites; that we are not responsible to any transactions between you and these third-party sites; and that we are not responsible for any loss or claims due to your interaction with these third-party sites. Our inclusion of third-party sites does not imply any endorsement.
If you decide to leave the Site and access a third-party site or to use or install any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through third party sites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.
Any outdoor enthusiast, whether registered on Company sister site (FishAnywhere.com, HuntAnywhere.com, or DiveAnywhere.com) or not, may submit an originally owned or created design (collectively “Design”) related to fishing, hunting, diving, camping, or hiking. By submitting your Design you agree that you are the rightful owner and grant Company a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, copy, reproduce, publish, transmit, distribute, prepare derivative works of, and display in any way in our sole discretion at any time. Any Design not pertaining to outdoor activities mentioned above will be removed from the Site.
You agree that Company does not guarantee any confidentiality with respect to submitted Designs. Company is not liable for any unauthorized submitted Designs. Company has no obligation to review or use submitted Designs and may remove from Site any Design without prior notice.
If you wish to remove Your Design from the Site, you may do so at any time. Email Company at Support@FirstLightOutfitters.com to let us know to remove your Design. Allow several days for compliance; a confirmation email will be sent to You from Company once the Design is removed.
USER LICENSE AND USE OF DESIGN
Company Services empowers outdoor enthusiasts to earn money for their originally owned or created design by making it available for sale on the Site – without giving up control on their rights. You retain all of Your ownership rights, including intellectual property rights, copyrights, and trademark rights. You understand that by using Company Services there is no partnership, implied or direct, between You and Company. By submitting your Design you grant Company a license as listed in the Design Submissions section of this Agreement.
You agree that Company may legally make and sell merchandise incorporating Your Design with obligation to You for any share in the profit. Any products sold on the Site with Your Design will earn You a commission percentage of item sold. There is a one-time logo “digitizing” fee for each design. This is process of formatting a graphic for embroidery machines; the fee is a one-time cost at the sale of the first embroidered item sold and will be held from your commission payout. You will receive any commission earnings on a monthly basis.
You also agree that Company may display your Design on any media (magazines, television shows, movies, Internet and other media) known now or hereafter developed; sell your Design on products of our choosing; and make modifications to the Design as necessary to prepare for use in a particular product category or other manufacturing purposes.
If, in good faith, you believe that Content hosted by the Site infringes your copyright, send us a written notice with the following:
1) a clear identification of the Content you claim is protected by your copyright;
2) a clear identification of Company’s use of the Content you claim is protected by your copyright, including information that will allow us to locate the Content on the Site;
3) your contact information, including name, email, and/or mailing address;
4) a statement that you have a “good faith belief that the Content that is claimed as a copyright infringement is not authorized by the copyright owner, its agent, or the law”;
5) a statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is the owner or is authorized to act on behalf of the owner the copyright that is allegedly infringed”;
6) the notice must be signed by the owner or the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Notices should be sent to the Company contact listed in this Agreement. Company will review and address all notices that comply with the requirements above. We suggest you consult a legal advisor prior to filing notice or counter-notice; you may be liable for any damages incurred from a false claim of copyright infringement.
Company does not tolerate false claims of copyright infringement. If you believe that Content was mistakenly removed due to false claim of copyright infringement, submit a DMCA Counter-Notice. Upon receiving notification, Company will forward to complaining rights owner. In the United States, the DMCA allows Company to restore Content if the rights owner does not file a court action against you within ten (10) business days after receiving the counter-notice.
To file a counter notification with Company, you must provide the following:
1) a clear identification of the Content that was removed; indicate where Content appeared on the Site
2) your contact information, including name, email and/or mailing address, and telephone number
3) a statement that you consent to the jurisdiction of Federal District Court in your area; if your address is outside the United States, then the jurisdiction and exclusive venue of the state courts of Orange County, Florida
4) a statement that “I swear, under penalty of perjury, that I have good faith that the Content identified above was removed as a result of mistake or misidentification.”
5) your signature
Notices should be sent to Company contact listed in this Agreement. Company will review and address all notices that comply with the requirements above. We suggest you consult a legal advisor prior to filing notice or counter-notice; you may be liable for any damages incurred from a false claim of copyright.
PRODUCT AND PRICING INFORMATION
Prices shown are listed in the currency of United States dollars. All monies are processed within the United States. Item descriptions are as accurate as possible; however, Company does not guarantee accurate, reliable, current, or error-free descriptions. Also, while we attempt to display products as accurately as possible, we cannot guarantee the style and color of products on the Site.
RETURNS AND REFUNDS
All orders are final. Company cannot stop or cancel orders once they have started production.
Products are unique, one-of-a-kind items and sold “as is”. Company does not refund products for buyer’s remorse, and size exchanges are offered at your expense. A new order, at Customers’ expense, would need to be placed for new sizes, colors, or designs.
If the product you received is damaged, send Support@FirstightOutfitters.com a short description of the error, pictures, and order number within 3 weeks after receiving the order.
CONTESTS AND PROMOTIONS
Periodically Company will hold contests, surveys, games or other promotions (collectively, “Promotions”) on the Site or through Communications. Promotions may be governed by specific rules that are separate from this Agreement. By participating in Promotion you agree to be subject to these rules.
You agree that Company may communicate with you by email, telephone, texting, mail, or posting on the Site any upcoming Promotions, Customer Service, or Company Services that we, in our sole discretion, deem necessary.
We may revise or amend this Agreement at any time at our discretion. All revisions or updates are effective immediately when posted to the Site and indicated by date. You agree to be bound to any changes to this Agreement when you use the company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Site for updates to this Agreement and you will read the messages we send you to inform you of any changes.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
This Agreement shall be governed and construed accordance with the laws of the United States and the State of Florida, without regard to its conflict of law principles. You agree to submit to personal and exclusive jurisdiction for any claims arising under this Agreement with the courts located in Orange County, Florida. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
COMPANY AND AFFILIATES MAKE NO REPRESENTATION ABOUT THE SUSTAINABILITY OF INFORMATION, SERVICES, MATERIALS AND PRODUCTS ON THE SITE FOR ANY PURPOSE; INCLUSION OR LISTING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT INCLUDE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS AND SERVICES. YOU AGREE THAT YOUR USE OF THE SITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF INFORMATION AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OF OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES OR THIRD-PARTY PROVIDER ON THE SITE (SUCH AS LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT OR RESELLER) BE LIABLE FOR ANY LOST PROFIT OR ANTICIPATED REVENUE ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM ERRORS, INACCURACIES, OR MISTAKES OF CONTENT; USE OF THE SITE OR SERVICES WE OR A THIRD-PARTY PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD-PARTY; ANY INTERACTION BETWEEN THE SITE AND A THIRD-PARTY SITE, INCLUDING WITHOUT LIMITATION SOCIAL MEDIA SITES; AND ANY POTENTIAL OR ACTUAL COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION ANY PAYMENT TRANSACTION (EVEN IF WE OR A THIRD-PARTY RECEIVES A FEE IN CONNECTION WITH THE TRANSACTION). THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE CLAIM RESULTS FROM BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION (EVEN IF FORESEEABLE).
IF YOU DO NOT CONCUR WITH ANY PART OF THIS AGREEMENT, ARE DISSATISFIED OR HAVE DISPUTE OR CLAIMS WITH OR AGAINST COMPANY, THIRD PARTY OR USER OF THE SITE WITH RESPECT TO THIS AGREEMENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, LIABILITY FOR COMPANY AND AFFILIATES TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE INCURRED THROUGH USE OF THE SITE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAY TO US FOR COMPANY SERVICES (ONLY) IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100 IN THE AGGREGATE FOR ALL CLAIMS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify, defend, and hold harmless the Company, its affiliates, employees, consultants, agents, and representatives from and against all losses, penalties, fines, liability, damages and costs (including reasonable attorney costs and fees) incurred by the indemnified parties in connection with any claim arising out of your use of the Site or otherwise relating to transactions conducted on the Site; any potential or actual communications; any violation of your third party right (including, but not limited to, copyright, trademark, property, or privacy); or any use of a tool or resource offered by a third-party website, including without limitation any social media sites. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification up on becoming aware of it.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address in invalid. We may also choose to send notices by regular mail.
The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. You agree that this Agreement will not be construed against Company by virtue of Company having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
To contact us in order to file a complaint or receive further information regarding use of the Company Services, contact our Customer Service Department.
First Light Outfitters
502 S. Woodland St.
Winter Garden, FL 34787