Liability
FGL makes no guarantee of any kind regarding the merchandise or equipment available or provided on the Website.
FGL, its affiliates and related companies and its directors, officers, employers, consultants and agents do not make any representations or warranties of any kind, express or implied, regarding the Website and/or any materials provided on Website, all of which are provided on an "as is" and "as available" basis.
FGL does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of Website or any of the content or data found on Website and expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
FGL and its third party partners and suppliers on the Website (collectively the "Third Parties"), their affiliates and related companies and their respective directors, officers, employees, consultants, representatives and agents are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
FGL and the Third Parties, their affiliates and related companies and their respective directors, officers, employees, consultants, representatives and agents assume no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website or the transmission of confidential or sensitive information over the Internet. In no event shall FGL or any of the Third Parties, their affiliates and related companies, their respective directors, officers, employees, consultants, representatives and agents be liable for any injury, loss, claim, damage or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, which arises out of or is in any way connected with any use of the Website or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the Website for purchases) or the performance or non-performance by FGL or any of the Third Parties, even if such party has been advised of the possibility of damages by such parties or any other party.
Sports, fitness and outdoor activities can be fun and fulfilling, but can also be dangerous. Please enjoy your chosen activity responsibly, get the right training, make sure you are in good physical condition and are correctly equipped. Some or all of the activities for which we sell equipment, apparel and footwear can pose a significant risk to your well-being. FGL does not assume any responsibility for actions resulting from or associated in any way with the advertising of any products on our Website. By using our Website, you acknowledge and attest that you understand these risks and you take full responsibility for your own actions. You acknowledge that you release FGL from and against any loss, cost, liability or damage (including reasonable attorney's fees and costs) resulting from any claim, suit or proceeding (threatened or otherwise) made or brought or which may be made or brought against us based upon any use of products advertised or services provided by this Website.
Indemnification
In addition and to the maximum extent permitted by applicable law, you shall indemnify and save harmless FGL and the Third Parties, their affiliates and related companies and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Website, the placement or transmission of any information or other materials on the Website made by you or others using your account or your breach of any provision of the Terms and Conditions. You agree to promptly notify FGL immediately after you become aware of any unauthorized use of your account and to take reasonable steps as are necessary to prevent any reoccurrence of such event. FGL reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.