Copying, modifying, displaying, performing, distributing,republishing, or retransmitting any content or material (including, by way ofexample, images and text), in whole or in part, from/on the Properties withoutour prior written consent;
Collecting usernames and/or email addresses of users for thepurpose of sending unsolicited email;
Using a framing or similar technique without our prior writtenpermission;
Creating or maintaining any link from another website to anypage on the Properties without our prior written permission;
Criminal or tortious activity, including fraud, spamming,spimming (spam by instant message), sending of viruses or other harmful files,copyright infringement, patent infringement, or theft of trade secrets;
Covering or obscuring the banner advertisements on theProperties, if any, via HTML/CSS or any other means;
Any automated use of any system, such as using scripts to altercontent;
Interfering with, disrupting, or burdening the Properties or thenetworks, systems or services connected to the Properties;
Using any automated system or software to extract data from theProperties for commercial purposes (including "screen scraping");
Attempting to impersonate another user or person at checkout orotherwise;
Using the account, username, or password of another user ordisclosing your password, as applicable, to any third party or permitting anythird party to access your account;
Displaying an advertisement, or accepting payment or anything ofvalue from a third person in exchange for your performing any commercialactivity on or through the Properties on behalf of that person, such as placingcommercial content on the Properties;
Using the Properties for any harassing, threatening, libelous,abusive, obscene or privacy-invading purposes;
Attempting to include any of the following in merchandise thatis offered for sale through the Properties and that permits user-added content(e.g., a personalized jersey): (i) images that contain obscene, profane,pornographic or otherwise objectionable content; (ii) images, names orlikenesses owned by any third party without such third party's authorization;(iii) any images of a person who has current or remaining collegiate athleticeligibility; or (iv) any images that include the name, image, or likeness ofany celebrity, public figure or individual who has not authorized the use ofhis or her name, image or likeness; or
Using the Properties in a manner inconsistent with anyapplicable law, rule or regulation.
5. AO Cash. AO Cash is a form of merchandise credit redeemableonly toward future purchases on the Properties. Unless required by law, AO Cashis not redeemable for cash, and cannot be transferred, sold or distributed toothers. AO Cash has an expiration date and is not redeemable past thedocumented date. We reserve the right to discontinue AO Cash or modify theterms applicable to AO Cash at any time. AO Cash is a registered trademark ofAggieland Outfitters.
6. Links to Third Party Sites; Advertisers. The Properties mayprovide you with links or other access to other websites, services, products orcontent of third parties, including the Other Platforms, as defined in Section10 below ("Third Party Sites"). We have no control over, and do notnecessarily endorse, any Third Party Site's services, products or content. Youacknowledge and agree that you access such Third Party Sites at your own riskand are wholly responsible for making your own independent judgment regardingyour use or interaction with the same. We recommend that you read the terms ofuse and privacy policies of each Third-Party Site that you access.
8. Products, Content and Specifications. The inclusion of anyproducts or services on the Properties does not imply or warrant that theseproducts or services will be available at any particular time or that thelisted attributes are accurate or complete. In the event a product is listed atan incorrect price due to typographical error or error in pricing or otherinformation, we will have the right to cancel orders of any such product,whether or not the order has been confirmed and/or your credit card or otherpayment method has been charged. If your credit card has already beencharged for the purchase and your order is cancelled, we will refund any suchcharges within a commercially reasonable period of time after cancellation. Theactual color of products you see will depend in part on your computer system,and we cannot guarantee any color or texture or detail of actual products willbe accurate. Further, we do not not endorse and have not verified the accuracyor reliability of any opinion or statement made on the Properties by any thirdparty party, including but not limited to customers, manufacturers,distributors or suppliers of products and services sold through theProperties. In addition, we may make changes to information about price,availability or other product attributes without notice. We reserve the right,without prior notice, to limit the order quantity on any product or service, torefuse service to any customer, or to cancel any order, including after it issubmitted. We also may require additional verifications or other informationprior to the acceptance and/or shipment of any order. Your receipt of an orderconfirmation from us does not signify our acceptance of your order, nor does itconstitute confirmation of our offer to sell. With respect to the shipment ofproducts and services sold through the Properties, risk of loss and title foritems purchased from the Properties pass to you upon delivery of the items tothe carrier. You are responsible for filing any claims with carriers fordamaged and/or lost shipments. It also is your responsibility to ascertain andobey all applicable local, state, federal and international laws (includingminimum age requirements) in regard to the possession, use and sale of any itempurchased from the Properties. By placing an order, you represent that theproducts ordered are legal to possess and use where you intend to possess anduse them and will be possessed or used only in a lawful manner, in accordancewith all applicable laws, rules and regulations, including copyright law.
9. Property; Intellectual Property. All content of theProperties (including, without limitation, text, graphics, icons, images, clipsand software) is protected by copyright, trademark, and other laws. Names,logos, taglines, icons and marks on the Properties are the exclusive propertyof Aggieland Outfitters and/or one of its affiliates, all rights reserved, andmay not be used by you without our prior written permission. Unless otherwiseindicated, all other intellectual property appearing on the Properties is theproperty of its respective owner. We reserve all rights not expressly grantedin and to the Properties' content and services.
11. Termination of Access and/or Account. We may limit, suspend,or terminate your access to the Properties or Other Platforms (including,without limitation, your account registration and your ability to post UserContent), at any time, with or without notice, and with or without cause. Wealso may refer any information on alleged or actual illegal activities,including your identity, to the proper authorities. We may also seek aninjunction or take other legal action to enforce our rights under these Termsof Use or any applicable law.
15. LIMITATION ON LIABILITY. IN NO EVENT SHALL THE AGGIELANDOUTFITTERS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDINGLOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES ORINTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE PROPERTIES, YOURINABILITY TO USE THE PROPERTIES, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGHTHE PROPERTIES, EVEN IF THE AGGIELAND OUTFITTERS PARTIES HAVE BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.
16. Third Party Transactions. Through your use of theProperties, you may have the opportunity to engage in commercial or othertransactions with other users, vendors and other third parties. You acknowledgethat all transactions relating to any merchandise or services offered by any thirdparty, including but not limited to the purchase terms, payment terms,warranties, guarantees, maintenance and delivery terms relating to suchtransactions, are agreed to solely between the third party seller or purchaserof such merchandise and services and you, and that you will look solely to suchthird party to enforce any of your rights In the event of any problemwith the products or services that you have purchased from a third party youagree that you will address such issues with the third party. We may not havethe ability to accept returns or refund the purchase price for any transactionyou complete with a third party through our Properties. ANY WARRANTY THAT ISPROVIDED IN CONNECTION WITH ANY PRODUCTS PRODUCTS, SERVICES, MATERIALS OR INFORMATIONAVAILABLE ON OR THROUGH THE PROPERTIES FROM A THIRD PARTY IS PROVIDED SOLELY BYSUCH THIRD PARTY AND NOT BY US.
17. U.S. Export Controls. Software made available to you by theProperties (the "Software"), if any, is subject to U.S. exportcontrols. No Software may be downloaded from the Properties or otherwiseexported or re-exported in violation of U.S. export laws. Downloading or usingthe Software is at your sole risk.
19. Arbitration; No Class Action. As a condition of using theProperties, you and we agree that any and all disputes, claims and causes ofaction (collectively, "Claims") arising out of or connected with theProperties (except for small claims court Claims, if applicable) shall beresolved exclusively by binding arbitration under the rules of the AmericanArbitration Association ("AAA"), including the SupplementaryProcedures for Consumer-Related Disputes, for full and final settlement of suchClaim applying the Federal Arbitration Act and other federal arbitration laws.YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURTTO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT(A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASSREPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS,COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B)IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL;AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUALPROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.Although court review of an arbitration award may be limited, an arbitrator isempowered to award the same damages and relief as a court, including injunctiverelief or statutory damages.
You may seek arbitration of a Claim by contacting our registeredagent at: Aggieland Outfitters, 303 University Drive East, College Station, TX77845. The arbitration may be conducted via telephone, writtensubmissions or in person in a mutually agreed location. Payment of all filing,administration, arbitrator and/or mediator fees ("Fees") will begoverned by AAA's rules. The AAA's rules are available at: www.adr.org
. Unless the AAA arbitratordetermines that your Claim was frivolous, we will (i) reimburse you for theFees paid by you, and (ii) will not seek reimbursement from you for ourattorneys' fees and costs associated with the arbitration. You and we furtheragree that an award and any judgment confirming it only applies to thearbitration in which it was awarded and cannot be used in any other proceedingexcept to enforce the award itself and any post-arbitration action seeking toenforce an arbitration award or action seeking equitable or injunctive reliefshall be brought exclusively in the courts of the State of Texas, or the UnitedStates District Court for the District of Texas. For any Claims that arenot subject to arbitration, if any: (a) the exclusive jurisdiction and venuefor proceedings involving Claims shall be the courts of competent jurisdictionsitting within the State of Texas (the "Forum"), and the partieshereby waive any argument that any such court does not have personaljurisdiction or that the Forum is not appropriate or convenient; (b) you and wewaive any and all rights to trial by jury with respect to any Claims.
21. Contact Information. Aggieland Outfitters, Inc., 303A University Dr East, College Station, TX 77845