Terms and Conditions
USER ACCEPTANCE OF TERMS AND CONDITIONS
Use of this web site is conditioned upon user's acceptance of the terms and conditions contained herein. All users of this web site hereby understand and agree that their use of such web site constitutes acceptance of the terms and conditions set forth in this legal notice. Pro 5, and the Pro 5 group of companies, (hereinafter collectively referred to as "Pro 5"), reserve the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this web site. The domain name pro5usa.com and pro5apparel.com is owned by Pro 5 Apparel, Inc.
This web site contains many trademarks, trade names, service marks, copyrights, and/or logos of Pro 5 and may also contain several protected marks of Pro 5's numerous affiliates. Such marks remain the property of their respective owners. User recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of this web site, any right, title, or interest in the marks. User agrees that it will not change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.
Any use of this web site for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this site, user agrees that any and all information transmitted to or with the use of this site can not and shall not be deemed confidential or proprietary. Pro 5 reserves the right to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all information relating to such prohibited use. Pro 5, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this web site. Any violation of this or any other section contained herein may result in termination of service and or any other action Pro 5 determines appropriate under the circumstances.
This web site may contain links to other sites. These links are provided merely to assist the user. These sites are independent of Pro 5's site, and Pro 5 does not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect those beliefs held by Pro 5. The inclusion of a link does not mean that Pro 5 accepts or endorses any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site. Pro 5, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.
This web site may contain typographical errors or technical inaccuracies. Pro 5 reserves the right to modify the content of this web site at any time without prior notice. Pro 5's failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision.
If one or more of the provisions contained in these terms and conditions are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms and conditions and the balance of these terms and conditions shall be enforceable.
Warranties & Limitation of Liability
Pro 5 DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUPOSE. IN NO EVENT SHALL Pro 5 BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEB SITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
Notwithstanding any other provision set forth in these terms and conditions, Pro 5 shall not be liable for any failure or delay in its performance due to any cause beyond Pro 5's reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Pro 5 shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.
User hereby agrees to indemnify, defend, and hold harmless, Pro 5, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of user's use of this web site. Pro 5 has the right to control any defense pertaining to this section.
Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.
These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the State of California, United States of America, without regard to any choice of law principles.
User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of the State of California and of the United States of America located in the State of California for any and all claims arising from the use of this website.
These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.