Last Updated: April 27, 2022
Governing Law; Forum Selection. All orders shall be governed by and interpreted in accordance with the laws of the State of Georgia, U.S.A., without regard to principles of conflicts of law. Manufacture, shipment, and delivery are subject to any prohibition, restriction, priority allocation regulation, or condition imposed by or on behalf of the United States of America or any other governmental body with appropriate jurisdiction which may prevent or interfere with fulfillment of any order. Last Chance Archery, LLC (“Last Chance Archery”) and Buyer hereby irrevocably submit to the exclusive jurisdiction of the Superior Court of Jackson County, Georgia in any action or proceeding arising out of or related to any order, agreement, or relationship among the parties contemplated by this agreement, and each party hereby irrevocably agrees that all claims in respect to such action or proceeding shall be exclusively heard and determined in such Superior Court.
Modification of Terms. These terms and conditions shall control the sale of all Last Chance Archery products. Last Chance Archery’s acceptance of any order is expressly subject to Buyer’s assent to each and all of the terms and conditions set forth herein. Buyer’s assent to these terms and conditions shall be conclusively presumed from Buyer’s failure to submit written objection thereto, or from Buyer’s acceptance of all or any part of the goods or services ordered. No addition to or modification of these terms and conditions shall be binding upon Last Chance Archery unless specifically agreed to by Last Chance Archery in writing. If Buyer’s purchase order or other correspondence contains terms or conditions contrary to or in addition to the terms and conditions contained herein, acceptance of any order by Last Chance Archery shall not be construed as an assent to such contrary or additional terms and conditions, or constitute a waiver by Last Chance Archery of any of the terms and conditions stated herein. In case of any conflict with any other document, these terms and conditions shall control. Any reference to Buyer’s purchase order by Last Chance Archery shall not affect or limit the applicability of the terms and conditions contained herein.
Price. Unless otherwise specified: (a) all prices, quotations, shipments, and deliveries by Last Chance Archery are F.O.B. Last Chance Archery’s facility, Pendergrass, Georgia; (b) all base prices, together with related extras and deductions, are subject to change without notice; (c) all orders are accepted subject to Last Chance Archery’s price in effect at the time of shipment; and (d) all transportation and other related costs associated with the sale are for the account of Buyer, including any increase or decrease in such charges prior to shipment.
Taxes. Buyer shall be responsible for any sales tax or other taxes, whether federal, state, and/or local, levied on the purchase order. Any tax which Last Chance Archery may be required to pay or collect through assessment or otherwise under any existing or future law upon or with respect to the sale, purchase, delivery, transportation, storage, processing, use, or consumption of any goods or services described herein, including without limitation, taxes upon or measured by the receipts from sales or services, shall be for the account of Buyer and may be added to the price of such goods or services. Buyer shall promptly pay the amount thereof to Last Chance Archery upon demand, but may, in lieu of such payment, furnish tax exemption certificates acceptable to the appropriate taxing authorities to Last Chance Archery.
Setoff; Deductions. In no event is Buyer authorized to deduct any amounts from the amounts owed to Last Chance Archery unless specifically authorized in writing by Last Chance Archery. Buyer agrees not to withhold any amounts due or set-off any amounts due to Last Chance Archery on any grounds, including the grounds of alleged non-performance by Last Chance Archery.
Credit. All orders are subject to the approval of Last Chance Archery’s credit department. Last Chance Archery may at any time refuse to make shipment or delivery if Buyer fails to fulfill the terms and conditions of payment or fails to provide security in compliance with Last Chance Archery’s credit policies. Last Chance Archery policies and/or practices may be changed at any time. Last Chance Archery may require payment in full or other security in advance according to the policies.
Default in Payment. If Buyer fails to make payments on any contract between Buyer and Last Chance Archery in accordance with Last Chance Archery’s terms, Last Chance Archery, in addition to any other remedies available to it, may at its option: (a) defer further shipment until such payments are made and satisfactory credit arrangements are reestablished; or (b) cancel the unshipped balance of any order.
Packaging. Last Chance Archery will use all reasonable means to comply with any packaging, loading, and/or bracing requirements specified by Buyer. Last Chance Archery will charge for compliance with Buyer’s special requirements in accordance with Last Chance Archery’s pricing list for extras in effect at the time of shipment. If no packaging, loading, or bracing requirements are specified by Buyer, Last Chance Archery shall comply with industry standards for the method of transportation used for such goods.
Quality Assurance. Last Chance Archery shall have no obligation to ensure that any goods or services purchased from Last Chance Archery meet any special quality assurance specifications and/or other requirements unless such specifications and/or other requirements are set forth in Buyer’s purchase order and expressly accepted by Last Chance Archery in writing.
Technical Assistance. Unless otherwise expressly agreed in writing by Last Chance Archery, (a) any technical advice provided by Last Chance Archery with respect to the use of goods or services furnished to Buyer shall be without charge; (b) Last Chance Archery assumes no obligation or liability for any such advice, or for any results occurring as a result of the application of such advice; and (c) Buyer shall have sole responsibility for selection and specification of the goods or services appropriate for the end use of such goods or services.
Transportation. All deliveries by Last Chance Archery are F.O.B. Last Chance Archery’s facility, Pendergrass, Georgia. Last Chance Archery will use all reasonable efforts to comply with Buyer’s requests as to method of transportation, but Last Chance Archery reserves the right to use an alternate method of transportation, whether or not at a higher cost to Buyer, if the method specified by Buyer is deemed by Last Chance Archery to be unavailable or otherwise unsatisfactory for any reason. In any such case, Last Chance Archery shall promptly notify Buyer of any such change.
Damaged Goods. If any goods arrive at Buyer’s destination in a damaged condition or a shortage occurs, Buyer shall immediately report the damage or shortage to the delivering carrier and to Last Chance Archery.
Claims. Unless otherwise expressly agreed by Last Chance Archery, claims respecting the condition of goods, compliance with specifications, or any other matter affecting goods shipped to Buyer must be made promptly and in no event later than fifteen (15) days after receipt of the goods by Buyer. In no event shall any goods be returned, reworked, or scrapped by Buyer without the express written authorization of Last Chance Archery, as set forth in Last Chance Archery’s General Return Policy located at https://lastchancearchery.com/returns.
Assumption of Risk and Release. Buyer acknowledges that all archery activities are inherently risky and hazardous activities that involve the possibility of injury or death occurring from the use of items purchased from Last Chance Archery. Buyer uses any products at his own risk, which risk is voluntarily assumed. Buyer agrees to freely and expressly assume and accept any and all risks of injury or death to himself or to others as a user of Last Chance Archery product(s). Buyer hereby releases Last Chance Archery, its agents, successors and assigns, and agrees to indemnify and hold them harmless from and against any and all liabilities, losses, costs, damages and expenses of whatever nature, including but not limited to attorney’s fees, claims, suits and judgments in connection with the injury or death of Buyer or of any person or persons or loss or damage to any property, irrespective of how arising, and however caused including but not limited to the negligence of Last Chance Archery and its agents (but excluding willful or wanton negligence by Last Chance Archery and its agents) in connection with the use of Last Chance Archery product(s).
Force Majeure. Last Chance Archery shall not be liable for any delay in or impairment of performance resulting in whole or in part from fire, floods, severe weather conditions or other catastrophes; acts of God, strikes, lockouts or labor disruption; wars, riots or embargo delays; government allocations or priorities, raw material market conditions, shortages of transportation equipment, fuel, labor or materials, or inability to procure supplies or raw materials; acts of terrorism, or any other circumstance or cause beyond the reasonable control of Last Chance Archery.
Disclaimer of Warranties and Limitation of Damages. LAST CHANCE ARCHERY PROVIDES A LIMITED WARRANTY ON CERTAIN PRODUCTS AS PROVIDED IN LAST CHANCE ARCHERY’S WARRANTY DISCLAIMER DOCUMENT LOCATED AT https://lastchancearchery.com/returns. LAST CHANCE ARCHERY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPLICITLY PROVIDED IN LAST CHANCE ARCHERY’S WARRANTY DISCLAIMER DOCUMENT, UNDER NO CIRCUMSTANCES SHALL LAST CHANCE ARCHERY BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, OTHER PECUNIARY LOSS, OR OTHER INCIDENTAL, TORT, ECONOMIC, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY ORDER, EVEN IF LAST CHANCE ARCHERY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
Cancellation. Orders cannot be cancelled or modified by Buyer except with the express written consent of Last Chance Archery.
Termination. Last Chance Archery may terminate any order or any part thereof as allowed by these terms. Upon such termination, Buyer agrees to waive all claims for damages, including without limitation, any loss of anticipated profits, and to accept as its sole remedy for termination the reasonable additional costs of obtaining substitute goods of the same quantity and quality, provided such costs do not exceed the order price. Any claim for adjustment not asserted within sixty (60) days from the date of such termination shall be deemed to have been waived by Buyer.
Waiver. Waiver by Last Chance Archery of any breach of any of the terms and conditions set forth herein shall not be construed as a waiver of any other breach, and the failure of Last Chance Archery to exercise any right arising from any default of Buyer hereunder shall not be deemed to be a waiver of such right, which may be exercised at any subsequent time.
Assignment. Buyer shall not assign any order, interest, or obligation therein without the prior written consent of Last Chance Archery. Any such actual or attempted assignment without Last Chance Archery’s prior written consent shall entitle Last Chance Archery to cancel such order upon written notice to Buyer.
Severability. If any term or provision of these Terms and Conditions of Sale is deemed invalid, unenforceable, or illegal in the appropriate jurisdiction and in accordance with the laws of the State of Georgia, U.S.A., such invalidity, unenforceability, or illegality shall not affect any other term or provision in these Terms and Conditions of Sale.
Complete Agreement. These terms and conditions, together with Buyer’s purchase and sales contract or agreement, if any, constitute the sole and entire agreement between Buyer and Last Chance Archery with respect to any order. No addition to or variations from such terms and conditions, whether contained in Buyer’s purchase order, any shipping release or elsewhere, shall be binding upon Last Chance Archery unless expressly agreed to in writing by Last Chance Archery.
Use of this Website
Last Updated: April 25, 2022
- Introduction
These Website Terms of Use (these “Terms” or these “Website Terms of Use”) contained herein on this webpage, shall govern your use of lastchancearchery.com, including all pages within lastchancearchery.com (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Terms of Use.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
These Terms are effective as of April 20, 2022.
- Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Last Chance Archery, LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
- Restrictions
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media;
selling, sub-licensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or may be, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Last Chance Archery, LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
- Your Content
In these Website Terms of Use, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Last Chance Archery, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Last Chance Archery, LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
- No warranties
This Website is provided “as is,” with all faults, and Last Chance Archery, LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you. This Website may contain links to other websites. Last Chance Archery, LLC makes no express or implied representations with respect to any links provided on the Website of to any website to which this Website is linked.
- Limitation of liability
In no event shall Last Chance Archery, LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Last Chance Archery, LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
- Indemnification
You hereby indemnify to the fullest extent Last Chance Archery, LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
- Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
- Variation of Terms
Last Chance Archery, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
- Assignment
Last Chance Archery, LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
- Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Last Chance Archery, LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
- Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Georgia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Georgia for the resolution of any disputes.
