Terms & Conditions
Outdoorz Website Terms of Use
These website Terms of Use (the “Terms of Use”) apply to the website at www.gooutdoorstore.com, and all associated sites existing as subdomains or linked to or from www.gooutdoorstore.com (collectively, the “Site”) by Paradigm Markets LLC d/b/a Outdoorz (“Outdoorz,” “we,” or “us”). The Site is the property of Outdoorz and its licensors, and these Terms of Use govern your use of the Site, including accessing, browsing, registering, using and downloading.
ELIGIBILITY TO USE SITE
To access or use the Site, you must have the requisite power and authority to enter into these Terms of Use. **You may not access or use the Site if you are a competitor (or employee or other representative of a competitor) of Outdoorz** or if we have previously banned you from the Site or closed your user account. For clarity, competitors to Outdoorz include websites that provide user-generated content regarding outdoor lifestyle-related activities, merchants, information, goods and services.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
OTHER APPLICABLE TERMS
These Terms of Use incorporate by reference the following additional terms, which also apply to the use of the Site:
- Our Privacy Notice available here
- Our Cookie Information page available here
Each of the above may be changed from time to time and are effective immediately upon posting such changes on the Site.
CHANGES TO THESE TERMS AND THE SITE
We may revise these Terms of Use and any other applicable or associated policies in our sole discretion at any time. It is your responsibility to review this page for changes as such changes will be binding upon you and your continued use of the Site will mean that you accept and agree to the changes. No notice of any changes will be given.
We may modify, update, suspend or terminate operation of or access to the Site from time to time without notice, including for clarity changing the content at any time. We may interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
ACCESSING THE SITE AND RESTRICTED ACTIVITIES
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Outdoorz server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Outdoorz, including any Outdoorz account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Outdoorz on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Outdoorz or others.
You further agree (i) not to reproduce, duplicate, copy or re-sell any part of the Site and (ii) not to access without authority, interfere with, damage or disrupt any part of the Site, any software used in the provision of the Site or any equipment or network or software owned or used by any third party.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account, including registration with a user identification code, password and possibly other information as part of our security, community, purchasing or downloading procedures. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Outdoorz immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Outdoorz or any other user of or visitor to the Site due to someone else using your user identification, password or account as a result of your failing to keep your account information secure and confidential.
We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and without prior notice, if in our sole discretion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you knows your user identification code and password you should immediately change your password.
INTELLECTUAL PROPERTY RIGHTS
All content, software, data and intellectual property rights, including but not limited to all know how, concepts and logic contained on or relating to the Site is the property of Outdoorz or its licensors. None of the software, data or content found on the Site may be reproduced, republished, distributed, posted, sold, transferred or modified in any way without our prior express written permission. All intellectual property including but not limited to trademarks, logos and service marks displayed on the Site is registered by Outdoorz and protected throughout the world. No license, right or interest in any Outdoorz intellectual property is granted to you.
Feedback & suggestions
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (1) your Feedback does not contain any third party confidential or proprietary information, (2) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (3) we may have something similar to the Feedback already under consideration or in development, (4) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (5) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Outdoorz and its users any claims and assertions of any moral rights contained in such Feedback.
NO RELIANCE ON INFORMATION
The opinions expressed by Outdoorz employees on any blogs or forums are the individual’s own and do not represent or necessarily correspond to the opinions of Outdoorz. We will not be responsible for any direct or indirect damages or losses caused or alleged to have been caused as a result of your use or reliance on such information.
Any use or reliance on any User Postings (defined below) is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Postings. You understand that by accessing the Site, you may be exposed to User Postings that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, User Postings that have been mislabeled or are otherwise deceptive. All User Postings are the sole responsibility of the respective persons who originated such User Postings. We may not necessarily monitor or control User Postings, and in any case we cannot take responsibility for such content.
LIMITATION OF LIABILITY
OUTDOORZ DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OUTDOORZ CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING OUT OF YOUR USE OF OR ACCESS TO THE SITE.
OUTDOORZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.OUTDOORZ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES (INCLUDING ANY INFORMATION OR USER POSTINGS PROVIDED BY ANY SUCH THIRD PARTIES VIA THE SITE) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OUTDOORZ SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OUTDOORZ FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.To the maximum extent permitted by law we provide the Site without warranties, guarantees or representations. No advice or information from the Site will create any warranty or representation not expressly made herein.
For clarity, we will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including but not limited to negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with including (but not limited to) the following: (1) any use of this Site or content found therein; (2) any failure or delay in the use of or inability to use the Site and whether the Site is available on an uninterrupted, secure, or error-free basis; (3) an act or omission by Outdoorz; (4) the completeness, accuracy, availability, timeliness, security or reliability of the Site or any content found therein inadequacy of the Site to meet your requirements; (5) incompatibility of the Site with any of your equipment, software or telecommunications links; (6) the provision of or failure to provide services; or (y) any information, software, products, services and related graphics obtained through the Site.
Except where prohibited by law, in no event will Outdoorz be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Outdoorz has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Outdoorz is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content, Outdoorz’ liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Outdoorz, if any, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
user postings & UPLOADING CONTENT TO THE SITE; COMMUNITY STANDARDS
Whenever you make use of a feature that allows you to upload or post content to the Site (such uploads or posts, “User Postings,” or to make contact with other users of the Site, you agree that your use and the content you upload or post shall not: (1) breach any applicable local, national or international law or regulation; (2) be unlawful, misleading, false, deceptive or fraudulent, or have any unlawful, misleading, harmful, deceptive or fraudulent purpose; (3) be for the purpose of harming or attempting to harm minors in any way; (4) transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation; (5) knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (6) disseminate any unlawful, offensive, profane, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; (7) attempt to gain access to other computer systems; (8) interfere with anyone else’s enjoyment of the Site; (9) interfere with or disrupt networks or websites connected to the Site; or (10) include confidential information about Outdoorz and/or its products and services.
All of your User Postings shall be considered non-confidential and non-proprietary. You retain all ownership rights in your User Postings, but you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Postings in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). Any exercise of rights under the foregoing license by Outdoorz is made with no compensation paid to you with respect to your User Postings, as the use of the Site by you is hereby agreed as being sufficient compensation for the User Postings and grant of rights herein.
Outdoorz may publicly display advertisements, paid content, and other information nearby or in association with your User Postings. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Postings that you submit, post or display on or through the Site. You agree that such User Postings will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Outdoorz the license described above.
We accept no responsibility, or liability to any third party, for the content or accuracy of any content posted by you or any other user of the Site. The views expressed by other users on the Site do not represent Outdoorz’ views, opinions or values.
We reserve the right to remove any posting you make on the Site if, in our sole opinion, your post does not comply with these terms of use.
VIOLATIONS OF THESE TERMS OF USE
Outdoorz may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Outdoorz’ rights or property, or the rights or property of visitors to or users of the Site, including Outdoorz’ customers. Outdoorz reserves the right at all times to disclose any information that Outdoorz deems necessary to comply with any applicable law, regulation, legal process or governmental request.
You acknowledge and agree that Outdoorz may preserve any transmittal or communication by you with Outdoorz through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Outdoorz determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Outdoorz, its employees, users of or visitors to the Site, and the public.
You agree that Outdoorz may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site for any or no reason, including if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Outdoorz, for which monetary damages would be inadequate, and you consent to Outdoorz obtaining any injunctive or equitable relief that Outdoorz deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Outdoorz may have at law or in equity.
You agree that Outdoorz may, in its sole discretion and without prior notice, terminate your access to the Site, for any or no reason, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
WARRANTIES
You warrant that your access to and use of the site is and will remain in accordance with all applicable laws and regulations.
You shall hold harmless, defend, and fully indemnify us against any claims, proceedings, damages, costs, expenses, or liabilities whatsoever arising out of or relating to your use of the Site.
LINKING TO THE SITE
You may link to our home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in any such way that suggests a form of association, approval, or endorsement with or by Outdoorz where none exists.
The Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
Outdoorz reserve the right to withdraw linking permissions at any time and without notice.
THIRD PARTY LINKS AND RESOURCES ON THE SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. You acknowledge that we have no control over the content of those sites or resources.
MEDIATION AND ARBITRATION
If a dispute arises out of or relates to these Terms of Use, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. In the event mediation does not result in settlement or agreement, any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
APPLICABLE LAW
These Terms of Use, their subject matter and construction (and any non-contractual disputes or claims) are governed by the laws of New York, and you agree to the non-exclusive jurisdiction of the courts of New York.
We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction should we, in our sole opinion, consider this to be necessary.
These Terms of Use were last modified and are made effective as of October 6, 2021.