Welcome to Western Active. This site is provided by Western Active (together with its subsidiaries) as a service to our customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your unconditional agreement to follow and be bound by these terms and conditions. Western Active reserves the right to update or modify these terms and conditions of use at any time without prior notice. Your use of the WesternActive.com web site following any such change constitutes your unconditional agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this web site.
Ability to Accept Terms and Conditions of Use
You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions of use, and to qualify under, abide by, and comply with these terms of and conditions of use.
Use of the Site
All content included on this site, such as text, design, graphics, logos, icons, images, audio/video media, downloads, interfaces and code, data compilations, and/or software, as well as the selection and arrangement thereof, are the exclusive property of Western Active, its affiliates, its licensors and/or its content providers or included with the permission of the owner of those rights and is protected by copyright, trademark, and other applicable laws. We reserve all rights. Western Active grants you a limited license to access, copy, download and print the material contained on the site only for customers of Western Active provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited. The limited license granted to you by Western Active does not include, for example, any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Western Active.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Western Active and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Western Active’ name or trademarks without the express written consent of Western Active. You may not use any direct linking or source-calling of any media presented on this web site without the express written consent of Western Active.
Western Active retains full and complete title to the material provided on the site, including all associated intellectual property rights, and provides this material to you under a license that is revocable at any time at Western Active’ sole discretion. Western Active neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Western Active.
You may not use contact information provided on the site for improper purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address or other identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
Any unauthorized use terminates the permission or license granted by Western Active.
This site may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Your correspondence or business dealings with any entities found through linked sites are solely between you and such entity. Western Active is not responsible for any losses, damages, or other liabilities incurred as the result of any such dealings
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. It is recommended that each person using the site have their own login account and Western Active may periodically require password changes to prevent unauthorized use of the site.
Accuracy, Completeness and Timeliness of Information
Although Western Active makes reasonable efforts to ensure that all material on this site is correct, accuracy and integrity cannot be guaranteed, and Western Active does not assume any responsibility or obligation for the accuracy, completeness or authenticity of material on the site. For example, while Western Active strives to provide accurate information on this site, it is possible for errors to occur in presenting product and pricing information. Western Active cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Western Active shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Western Active may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
The information and features on this site do not constitute binding offers to buy or sell products or services described on the site, or to make such products or services available in your area. Western Active does not represent or warrant that any products or services depicted or mentioned on this site are currently available for sale, are still in production, or have been tested for commercial use. Regardless of any information presented on this site, Western Active reserves the right without prior notice to discontinue services, products, models, parts, accessories, and other items, or change specifications at any time, without incurring any obligations.
Colors and Finishes
We have made every effort to display as accurately as possible the colors and finishes of our products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that the display of any color or finish will be accurate.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit department.
Western Active reserves the right to limit the quantity of items purchased per person, per company, per dealer or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied.
This agreement and any posted policies or operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this agreement shall remain in full force and effect. The failure of Western Active to act with respect to a breach of this agreement by you or others does not constitute a waiver and shall not limit Western Active’ rights with respect to such breach or any subsequent breaches. This agreement shall be governed by and construed under North Carolina law as such law applies to agreements between North Carolina residents entered into and to be performed within North Carolina. Any action or proceeding arising out of or related to this agreement or your use of this site must be brought in the state or federal courts of North Carolina.
By using this site, you agree to indemnify, defend and hold harmless Western Active and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these terms and conditions of use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Western Active reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Western Active in defense of such matter.
These terms are effective unless and until terminated by either you or Western Active. Western Active also may terminate this agreement at any time and may do so immediately without notice, and may also deny you access to the site in Western Active’ sole discretion. Termination of your access or use will not waive or affect any right or relief to which Western Active may be entitled, at law or in equity. Upon any termination of the agreement by Western Active, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under these terms and conditions of use or otherwise.
THIS SITE IS PROVIDED BY WESTERN ACTIVE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WESTERN ACTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WESTERN ACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WESTERN ACTIVE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. WESTERN ACTIVE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WESTERN ACTIVE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF WWW.WESTERNACTIVE.COM , THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT WESTERN ACTIVE, ITS AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, WESTERN ACTIVE’ REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WESTERN ACTIVE OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WESTERN ACTIVE, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOU AND WESTERN ACTIVE 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 OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH WESTERN ACTIVE IS TO DISCONTINUE YOUR USE OF THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.