Terms & Conditions

SOUTHERN BEAR OUTDOOR COMPANY, LLC
WEBSITE TERMS AND CONDITIONS OF USE

Please read these terms carefully before using this website.

 

The materials located at www.southernbearoutdoor.com, www.redbirdblack.com, and all subdirectories (collectively the “Site”), are provided by Southern Bear Outdoor Company, LLC (“Southern Bear”) as a service to its customers and may be used for informational purposes only. By using the Site, opening an account, purchasing and/or using products and services from this Site, or downloading any materials from this Site, you agree to these Website Terms and Conditions of Use (“Terms”). If you do not agree to these Terms, do not access or otherwise use the Site.

 

Southern Bear reserves the right to update, modify or amend these Terms at any time, and any such updates, modifications or amendments will be binding on you. Because these Terms are binding upon you in connection with any use you make of the Site at any time, you should regularly check for changes before proceeding to use this Site.

The section headings used in these Terms are for reference purposes only and shall not be used in the interpretation of the meaning of these Terms.

 

Site Content and Intellectual Property

 

This Site as a whole, as well as all materials, images, text (other than user information), illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up this Site (collectively, the “Content”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and Content are owned or licensed by Southern Bear and/or its affiliated companies.

 

[SOUTHERN BEAR OUTDOOR CO. and REDBIRDBLACK are trademarks or registered trademarks of Southern Bear and its subsidiaries in the United States and other countries. These trademarks may not be used without express permission from Southern Bear.

 

Southern Bear grants you a limited, nonexclusive, nontransferable, non-sublicensable, right and license to access and use the Site and its Content for purposes of general browsing, participating in user forums and user submissions, and/or conducting business with Southern Bear. In all events, however, you shall not be permitted to, you shall not, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site and/or the Content for any purposes or in any manner other than as intended and expressly authorized in writing by Southern Bear; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Content on the Site; or (iii) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or its Content. You may not reproduce any Content on your personal website, blog, social network, or any other online resource without Southern Bear’s express written permission or as allowed by any license terms entered into with Southern Bear. Southern Bear may terminate this license at any time if you are in breach of the Terms set forth herein. Upon termination, you will immediately destroy and make no further use of any downloaded materials or Content, and upon request, you will certify this to Southern Bear in writing.

 

Proper Use

 

You agree to immediately notify Southern Bear of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. You agree not to disclose or share your password or other relevant account information with any third parties or to use your password for any unauthorized purpose.

 

Terms of Sale

 

All products or services on the Site are sold by Southern Bear. Your placement of an order through the Site is deemed your acceptance of an order. All purchases must be made with an acceptable method of payment as stated at checkout, provided that Southern Bear reserves the right to change its accepted payment methods at any time. Southern Bear will provide notice if its accepted payment methods change after you place an order. All prices are quoted in U.S. currency and all orders must be transacted in the same.

 

You represent that all information provided to Southern Bear when you place an order through this Site will be accurate, complete, and current. You are responsible for paying any applicable taxes and processing charges relating to any purchase you made through this Site.

 

These sale terms are subject to change without prior written notice at any time and at Southern Bear’s sole discretion. By placing an order for products through the Site, you agree to be bound by and accept these Terms in effect at the time of such order.

 

Prices & Availability

 

The availability and pricing of Southern Bear products and services is subject to change without notice. If a product is not in available when you place an order (for example, not yet available or sold out), we will do our best to advise you when we anticipate the product will become available. Anticipated availability dates are subject to change.

 

User Submissions

 

Except as otherwise agreed in writing by an authorized Southern Bear representative, any and all materials (including user- and visitor-generated materials) submitted to Southern Bear either via email or submission form hosted at this Site will be considered non-confidential and non-proprietary (“User Materials”). You hereby grant Southern Bear a world-wide, non-exclusive, royalty-free, perpetual, sublicensable and assignable right and license to use, reproduce, publish, distribute, compile and display any User Materials submitted by you as Content on the Site. You waive any claim you have or may have under any theory of natural rights, including Droit Morale, or any right of attribution under the copyright law of any jurisdiction with respect to those User Materials, to the extent this waiver is recognizable under the law of the relevant jurisdiction. Southern Bear reserves the right to alter, remove, re-post, re-purpose, market, or trade any such User Materials. Southern Bear will have no obligations with respect to such materials.

 

Disclaimer

 

Visitors who use this Site and rely on any information on the Site do so at their own risk.

THIS SITE AND ALL MATERIALS AND CONTENT, INCLUDING PURCHASES OF SOUTHERN BEAR GOODS AND SERVICES FROM THIS SITE, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SOUTHERN BEAR OR ITS OWNERS, AFFILATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENT, MATERIALS OR IDEAS ON THE SITE, EVEN IF SOUTHERN BEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE ENTIRE LIABILITY OF SOUTHERN BEAR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR SOUTHERN BEAR PRODUCTS AND SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SOUTHERN BEAR FOR ACCESS TO OR USE OF THE SITES OR EXCEED THE PURCHASE PRICE FOR SOUTHERN BEAR PRODUCTS AND SERVICES.

 

YOUR REMEDIES WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE ARE TO (1) TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITE or (2) REQUEST A REFUND OF THE PURCHASE PRICE FOR SUCH PRODUCTS. REFUNDS MUST BE REQUESTED WITHIN 30 DAYS OF PURCHASE.

 

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Southern Bear may make changes to this Site or its Content at any time without notice.

 

By using this Site, you hereby forfeit any and all claims, past, present, and future, relating to your use of this Site and its Content, against the owners, officers, directors, agents, contractors, administrators, and other staff of Southern Bear.

 

External Links

 

Southern Bear is not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or information expressed within those websites.

 

Viruses, Damage and Availability

 

Southern Bear makes no warranty or claim that functions available on this Site will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the Content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any Content from this Site.

 

Limited Liability and Indemnification

 

Southern Bear and its officers, employees, contractors, or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any Content, information, function, or service this Site or other related location (such as emails, letters, documents, and other company products or correspondence).

 

You agree to indemnify, defend and hold harmless Southern Bear, its contractors, licensors, directors, officers, owners, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of these Terms.

 

Applicable Laws

 

The federal laws of the United States or the State of Georgia’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms. Any dispute related to the Terms or the Site itself will be decided by the state and federal courts in Cobb County, Georgia, and each party will be subject to the jurisdiction of those courts.

 

Miscellaneous


These Terms and other policies posted on this Site constitute the entire agreement between you and Southern Bear in connection with your use of this Site and its Content, and supersedes any prior agreements between you and Southern Bear regarding use of this Site, including prior versions of these Terms.

 

Southern Bear reserves the right at its sole discretion to restrict your access to the Site, suspend or terminate your account and/or subscription to the email list. Termination will be effective without notice. In the event of termination, the disclaimers, protection of Southern Bear’ Intellectual Property, limitations of liabilities and indemnification set forth in these Terms will survive.

 

These Terms and Conditions will be deemed to include all other notices, policies, disclaimers and other terms contained in this Site, except that in the event of a conflict between such other terms and the terms of these Terms, these Terms will control.

 

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

Southern Bear reserves all rights not expressly granted in these Terms. You may not assign any rights granted to you in these Terms. Nothing in these Terms shall constitute a partnership or joint venture between you and Southern Bear. The failure of Southern Bear at any time or times to require performance of any provision in these Terms shall in no manner affect its right at a later time to enforce the same unless waived in writing.

If you have any questions or concerns about these Terms or the Site, including information on refunds or cancelations, please contact us at info@southernbearoutdoor.com.

 

These Terms and Conditions were last updated on October 14, 2016.