OUTSIDE® TERMS OF USE

Effective Date: August 1, 2021

These Terms of Use govern your use of any website, application, or service (collectively the “Services”) owned and operated by Outside Interactive, Inc., a Delaware corporation with offices at 1600 Pearl St., Suite 300, Boulder CO, 80302, or its affiliates and subsidiaries (referred to as “Outside,” the “Company,” “we,” or “our” as applicable) that displays or links to these Terms of Use.

PLEASE NOTE THAT SECTION 10 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW ANY DISPUTES BETWEEN YOU AND OUTSIDE WOULD BE RESOLVED.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY VISITING, VIEWING, OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF AND ANY ORGANIZATION YOU REPRESENT) ARE AGREEING TO THESE TERMS OF USE AND TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

1. Structure of the Terms
   Outside is proud to offer a broad spectrum of active lifestyle content and experiences. These terms apply to your use of and interaction with those Services. Sections 2-13 address our universal terms, and Appendix A contains additional product and service-specific terms.

    

2. Modification

2.1 Modification of the Services. We reserve the right to modify the Services at any time with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature or service offering altogether. 

2.2 Modification of Terms. We also reserve the right to modify these Terms of Use at any time, so be sure to check back regularly. By continuing to use or log in to the Services after these Terms of Use have changed, you indicate your agreement to the revised Terms of Use. If you do not agree to our changes, you can stop using the Services at any time.

3. Accounts & Subscriptions; Payments

3.1 Registration. If you register to use the Services or download one of our applications, we may require you to create an account password in order to make purchases, subscribe to our services, or use certain features on the Services. You must be at least 18 years or older to independently register as a user and create an account. If you are between the ages of 13-18, you may use some Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to Outside, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

To create an account, you must provide truthful and accurate information. Do not impersonate anyone else when you create your account. If your registration information changes at any time, you agree to update your account to reflect those changes.

3.2 Account Security. You may not share your account with anyone else. Please keep your account password confidential, and try not to use the same password on other websites. You are solely responsible for all activities, including payments, that occur using your account. If you believe that your account has been compromised at any time, please contact us. You are responsible for maintaining the confidentiality of all actions that take place within your account. We are not responsible for any loss that results from any unauthorized use of your username and password.

3.3 Account Monitoring and Suspension. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or related to the Services. We may also deactivate, terminate or suspect your account or access to certain Services at any time for reasons included, but not limited to, the following: (1) a violation of the Terms of Use; (2) if we determine, in our sole discretion, that you have created a risk or possible legal exposure for Outside or any third party; (3) upon any discontinuation of material modification to our Services; (4) unexpected technical security issues or problems; (5) deletion of your information, files and Content associated with your account in association with a request by you; (6) nonpayment of any fees owed by you in connection with the Services; or (7) extended periods of inactivity. Any termination or suspension of your account shall be at Outside’s sole discretion and Outside shall not be liable to you or any third party for any suspension or termination of your account or access to the Services.

3.4 Subscriptions, Memberships and Paid Services. As a registered user, you may subscribe to certain premium, paid services, print subscriptions, or memberships available via the Services (collectively “Subscriptions”). A Subscription will enable you to access certain paid features and content when available. Your use of premium content and features as a paid subscriber is subject to these Terms of Use, including Section 3 (Limitations on Use of the Services). Additional terms related to certain Subscription offerings can be found in Appendix A.

3.5 Pricing. 

Subscribers agree to pay the fees listed on the subscription sign up page for the subscription term listed on that page. 

Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.

By signing up for and using a Subscription, you agree to waive your 14-day right of withdrawal at the moment you subscribe, to the maximum extent permitted by applicable law, in exchange for immediate access. 

If applicable to the particular Subscription, You may modify your Subscription by upgrading or downgrading your Subscription tier at any time. When you modify your Subscription, the change will become effective at the end of the then current Subscription term. 

Subscription payments are non-refundable except at our sole discretion and in accordance with the rules governing each Subscription. 

3.6 Notice of Auto Renewal; Effect of Cancellation. 

To provide continuous service to paid subscribers who purchase a Subscription, unless otherwise stated, we automatically renew your Subscription. The renewal term is usually the same duration as the original Subscription term (for example, a one-month Subscription will renew on a monthly basis and a one-year Subscription will renew on an annual basis). 

By making a Subscription purchase on the Services, you acknowledge that your account will be subject to the above-described automatic renewals. At any time, if you do not wish your account to renew automatically or if you wish to cancel your Subscription at any time, more information can be found here. 

Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle and will continue to have the same access and benefits for the remainder of the current billing period.

Please note that your paid Subscription may be interrupted as a result of a canceled or expired payment card or other payment method. It is your responsibility to keep your payment card or payment method details up to date to continue accessing the Services.

3.7 Promotions. 

We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.

You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, your subscription will automatically renew at the rates displayed at the time of purchase.

We will not notify you in advance that the promotion is about to end and we will not notify you when your promotional rate has ended. To cancel and avoid being charged, you must notify us before the promotion ends.

3.8 Payments. All payments related to your Subscription or other purchases made from your registration account must be made from a payment method on which you are the named account holder (the “Payment Method”). Unless otherwise stated, all fees due for the Subscription(s) are payable in advance, and will be billed automatically to the Payment Method. You agree that we will not be liable for any loss caused by any unauthorized use of your payment card or any other method of payment by a third party in connection with the Services. Any attempt to defraud the Company through the use of payment cards or other payment methods will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We are entitled to inform relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.

3.9 Payment and Financial Transaction Processing. We may use third party electronic payment processors and/or financial institutions (“Payment Processors”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted on the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor. In the event of conflict between these Terms of Use and the Payment Processor terms and conditions, these Terms of Use shall govern.

3.10 Fee Changes. The Company reserves the right to increase Subscription fees or to institute new fees at any time with reasonable advance notice. If you do not wish to pay the new prices, you can cancel your Subscription prior to the change becoming effective.

3.11 Discounts. Where applicable, to redeem a discount or coupon code, enter the applicable code before you make your payment. All valid discounts or coupon codes can be applied when subscribing to paid Subscription services. Active accounts are not eligible for discounts or coupon redemptions. Discount and coupon codes cannot be combined with any other promotion, or exchanged, refunded or redeemed for cash. A payment method may be required to redeem a discount or coupon code. It is your responsibility to use a discount or coupon code before it expires. The terms and conditions of a specific discount or coupon code may include additional restrictions on its use.

3.12 Restrictions on Purchases. We may offer opportunities to purchase products via the Services. Certain products may have limited quantities. We reserve the right to refuse any order you place, limit quantities purchased per person, per household, or per order, or cancel orders that you place. In the event that we make a change to or cancel your order, we may attempt to contact you using the contact information you provided when you placed your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, dealers or other commercial entities.

3.13 Refunds (Third Party Services). If you or an event organizer uses the Services to facilitate certain transactions, please be aware that we cannot provide refunds on behalf of event organizers. Please contact customer service for the event or organization with whom you are transacting for assistance. Our service or processing charges are non-refundable.

4. Limitations on Use of the Services

4.1 Use Restrictions. The Services are available for your personal, noncommercial use. Please do not use the Services in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms of Use). Please do not attempt to gain unauthorized access to the Services or its associated computer systems or networks. If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account and access to the Services (with or without refunding any payments you have made for premium access to the Services at our discretion), prohibit you from using the Services, and take appropriate legal action. Using the Services or purchasing a Subscription does not give you ownership of any intellectual property rights to the content that you access. You may not use content from the Services unless you obtain prior written permission from us, or unless you are otherwise permitted to do so by law. When you use the Services, you agree to comply with all laws applicable to you.

4.2 Interactions on the Services. The Services may function as a venue to connect subscribers or members. The Company is a neutral facilitator with no direct involvement in interactions on the Services or control over the truth, accuracy, quality, legality, or safety of posts made by users. As a user of the Services, exercise common sense and good judgement and refer to the Company for investigation of any use that is not in compliance with these Terms of Use.

5. Ownership and Use of Content; User Submissions; Acceptable Use

5.1 Definitions. As used in the Terms of Use, “Content” means any form of information, data, or creative expressions and includes, without limitation, video, films, audio, photographs, images, designs, illustrations, articles, workouts, recipes, training plans, software, features and all intellectual property embodied therein, any of which may be generated, provided or otherwise made available or accessible on or through the Services. “User Generated Content” has the meaning as stated in Section 5.3 below, “User Content” has the meaning as stated in Section 5.4 below, and “Outside Content” is anything that is not User Generated Content or User Content.

5.2 Outside Content License. All Outside Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and to the Services belong to Outside and/or its partners or applicable third parties. Subject to your compliance with the Terms of Use, we grant you a limited, revocable, personal, non-transferable and non-exclusive right and license to access and use the Services and the Outside Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, creative derivative works, reverse engineer, sell, assign, sublease, transfer or otherwise commercially exploit any right in the Outside Services or Content.

5.3 User Generated Content License. We may provide solicited or unsolicited opportunities for you to post, upload, or submit content on or through the Services (collectively, “User Generated Content”), including User Content (as defined below). This is completely voluntary. Other than User Content, all information that you post, upload, or submit may be publicly accessible via the Services and used in Outside promotional content. You waive all moral rights or rights of attribution to the User Generated Content. You grant Outside, its agents, licensees, and assigns an irrevocable, perpetual, world-wide, non-exclusive, sub-licensable, royalty-free, and transferable right and license to reproduce, encode, store, copy, transmit, publish, resell, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use User Generated Content. You also grant each user of the Services a perpetual, irrevocable, non-exclusive license to access the User Generated Content that you post, upload, or submit and to use, reproduce, distribute, display, and perform such content as permitted through the functionality of the Services and under these Terms of Use. This license continues even if you stop using the Services. The Company reserves the right to reject the User Generated Content in its sole discretion. User Generated Content may be edited or removed at our discretion and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. By submitting User Generated Content, you consent to the display and publication of such content on or within the services and for related online and offline promotional uses.

5.4 Personal User Content. We may provide opportunities for you to store your own preferences, settings, or content for later retrieval on certain Services (“User Content”). User Content is a form of User Generated Content and subject to Section 4 of these Terms of Use. We reserve the right to remove User Content from the Services at our discretion, including if the User Content violates these Terms of Use. User Content may be subject to inadvertent damage, corruption, or loss. User Content that is deleted may be irretrievable. We are not liable for deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any User Content. We recommend that you always backup User Content.

5.5 Representations & Warranties. If you submit any User Generated Content by any means, you represent and warrant that: (a) you are not violating any law, (b) you are not impersonating another person, (c) you own the User Generated Content, (d) you have the right to post, upload, or submit the User Generated Content, © all User Generated Content represents your own work, (f) you did not purchase any of the User Generated Content prior to submitting it to the Company, (g) you have redacted any sensitive personal information or other personally identifiable information that you do not wish to be made publicly available, (h) by uploading User Generated Content you agree to intentionally disclose the User Generated Content to other users on the Services subject to these Terms of Use, and (i) you may not be compensated for User Generated Content submitted via the Services at the Company’s discretion.

5.6 Acceptable Use Policy. When you post, upload, or submit User Generated Content to the Services, or otherwise when you use the Services, you agree that you will not (and will not permit any third party to):

• Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity;
  
• Violate, or intentionally or unintentionally promote any activity that would violate, applicable law.
  
• Submit or upload content that is false, misleading, untruthful, threatening, unlawful, harassing, defamatory, libelous, deceptive, abusive, fraudulent, invasive of another person’s privacy, tortious, obscene, pornographic, offensive, profane, or otherwise inappropriate;
  
• Submit or upload content for any commercial purpose or for unauthorized or unsolicited advertising purposes;
  
• Impersonate any person or entity or otherwise misrepresent your identity or affiliation; or
  
• Use automated means to submit content to the Services.

5.7 Indemnification for User Generated Content. You agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of any User Generated Content.

5.8 Release Agreement. You release and discharge the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns of any and all claims arising out of your disclosure of User Generated Content, including but not limited to any use of the User Generated Content by a user of the Services for a purpose that the Company prohibits in these Terms of Use.

5.9 User Generated Content Disclaimer. We are not responsible for, and do not endorse, User Generated Content. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any User Generated Content posted by another person.

5.10 Outside Content Disclaimer. We make no representations as to the accuracy, reliability or completeness of any Outside Content that is published on or made available through the Services, and we make no commitment to update such Content.

5.11 Feedback and Unsolicited Material. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any compensation or obligation to you.

6. Trademark & Copyright Restrictions

6.1 Outside Rights. All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of Outside and/or of third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.

6.2 Copyright Violations. If you believe any information on the Services infringes your copyrights or applicable law, please contact with the following information:

• a description of the copyrighted work that you claim has been infringed;
  
• a description of where the material that you claim is infringing is located on the website;
  
• your email address or other contact information that is sufficient for us to contact you;
  
• a statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
  
• a statement by you that the above information in your notice to Outside is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Notices should be directed to: [email protected] or by mail at:

Outside Interactive, Inc.
1600 Pearl St., Ste. 300
Boulder, CO 80302
Attention: Legal Department

7. Service Features

7.1 Social Network Features. The Services may include features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, LinkedIn, TikTok, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms of Use, your access to and use of third party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those social networking sites complies with any applicable terms of service or other agreements.

7.2 Mobile Features. You are responsible for making all arrangements necessary to access the Services. For example, access to the Services, including any mobile app, may require the use of certain mobile devices or a wireless data service. You may incur charges from your wireless provider when you use the mobile app. We may update the app at our discretion. If you accept these updates, you agree to pay for any costs associated with receiving them. Outside makes no representations that the app will be compatible with your device or wireless data service.

8. Warranties and Disclaimers

To the maximum extent permitted by applicable law, you agree that Outside is not providing medical advice via the Services. All content provided through the Services, whether provided by Outside or others, is not intended and should not be used in the place of (a) the advice of your physician or other medical professionals; (b) a visit, call or consultation with your physician or other medical professionals; or (c) information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events that you learn about through the services. Should you have any health-related questions, please call or visit your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately. 

BY USING THE SERVICES, YOU EXPRESSLY AGREE THAT: (A) THE COMPANY IS NOT PROVIDING HEALTH OR MEDICAL ADVICE VIA THE SERVICES; (B) YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR ACTIVITIES, INCLUDING ATHLETIC ACTIVITIES; AND (C) OUTSIDE DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY ORGANIZED OR PROMOTED ON THE SERVICES OR BY OUTSIDE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTSIDE IS NOT RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INJURY, ILLNESS, OR DAMAGES SUSTAINED FROM YOUR USE OF, OR INABILITY TO USE, ANY SERVICES OR FEATURES OF THE SERVICES, INCLUDING ANY CONTENT OR ACTIVITIES YOU ACCESS OR LEARN ABOUT THROUGH THE SERVICES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF OUTSIDE OR OTHERS. IF YOU CHOOSE TO PARTICIPATE IN ANY PROGRAMS, SERVICES OR ACTIVITIES ORGANIZED OR PROMOTED ON THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE CONSULTED WITH YOUR PHYSICIAN BEFORE ENGAGING IN ANY ACTIVITIES OR MAKING ANY NUTRITIONAL DECISIONS BASED ON THE CONTENT OF OUR WEBSITES AND/OR APPLICATIONS.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, THE COMPANY DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SERVICES, THE SERVICES PROVIDED ON THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THAT THE SERVICES WILL BE FREE FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE RELIABILITY, COMPLETENESS, SECURITY, QUALITY, ACCURACY, AVAILABILITY, OR APPLICABILITY TO YOU OF THE SERVICES, ANY CONTENT PROVIDED ON THE SERVICES, OR ANY SERVICES OFFERED BY THE COMPANY VIA THE SERVICES OR ELSEWHERE ONLINE OR OFFLINE. WE PROVIDE THE SERVICES “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

9. Indemnification; Limitation of Liability
   To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of your breach of these Terms of Use, the User Generated Content you create or share through the Services, and any of your activities related to or in connection with the Services.

EXCEPT WHERE PROHIBITED, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES EXCEED THE GREATER OF THE AMOUNT YOU PAID USE TO USE THE APPLICABLE SERVICES IN THE PAST TWELVE (12) MONTHS, OR $500.

If you are a resident of Germany: Our statutory liability for intent, gross negligence, personal injury, breaches of a guarantee (which must be expressly designated as such in order to be a guarantee in the legal sense) and under the German Product Liability Act is unlimited.

In cases other than those described in the previous paragraph, our liability for slight negligence is limited to breaches of essential contractual obligations. Essential contractual obligations are obligations that must be performed in order to achieve the purpose of a contract in the first place, and on the performance of which you may therefore generally rely. Our liability for such breaches of essential contractual obligations under this paragraph is limited to damages that are typical of the type of contract and foreseeable at the time the contract is concluded.

10. Disputes

If you are a resident of the United States: You agree that any dispute or claim arising out of your use of any of the Services or any products or Subscriptions sold on the Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Use.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or videoconference, unless an in-person hearing is requested by either party. In that case, the hearing will take place in the state where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that notwithstanding our agreement to only arbitrate disputes as stated above, you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Denver, Colorado, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and Outside agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and Outside waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Outside may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

This agreement to arbitrate will not preclude you or Outside from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Outside from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Outside’s intellectual property rights.

Thirty-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: Outside Interactive, Inc., Attn: Legal Department, 1600 Pearl St., Ste. 300, Boulder, CO 80302. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes according to these Terms of Use. If you opt out of these arbitration provisions, Outside also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Outside may terminate your use of the Services.

If you are a resident of the European Union: Notwithstanding anything to the contrary in these Terms of Use, if there is a dispute that you and Outside cannot resolve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these Terms of Use, we do not participate in any ADR scheme.

• In addition, nothing in these Terms of Use limits your rights to bring an action against Outside in the local courts of your place of domicile. All disputes arising under the Terms of Use between you and Outside will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts located in Ireland, and you and we hereby submit to the personal jurisdiction and venue of these courts.

11. Email and Text Communications

11.1 Electronic Communications. You agree that all communications related to your use of the Services will be sent electronically and that such communications satisfy any legal requirement that such communications be in writing. All notices from the Company to you shall be deemed delivered and effective when sent to the e-mail address you provide to us. If you opt in to receive promotional emails, you will be able to later opt-out by following the instructions provided in those emails. You cannot however opt out of communications that are related to your use of the services available on the Services.

11.2 Notices. When you use the Services or send communications to us via the Services, you are communicating with us electronically. Similarly, you consent to receive, from us electronically, communications related to your use of the Services. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company to you will be deemed delivered and effective when sent to the e-mail address you provide to us.

12. United States Operations; International Disclaimer
    The Services are controlled and primarily operated by Outside from its offices within the United States of America, and our policies and procedures are based primarily on United States law. If you are not a United States resident and accessing our Content or Services from outside the United States, the following provisions apply: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data (as that term is defined in our PRIVACY POLICY), to and in the United States and/or other countries; (ii) you are not authorized to access or make use of the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals”; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which that would subject Outside or its affiliates to any registration requirement within such jurisdiction or location.

     

13. Additional Details

13.1 Additional Features. Certain features on the Services may be subject to separate terms, which will be presented in conjunction with those features. Your use of those features will be governed by those separate terms.

13.2 Third-Party Links & Ads. The Services may contain links to third-party websites. That doesn’t mean that we control or endorse those websites or any goods or services sold on those websites. Similarly, the Services may contain ads from third parties. We do not control or endorse any products being advertised.

13.3 Third Party Software. The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms of Use limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

13.4 No Waiver. If you do not comply with these Terms of Use, and we don’t take enforcement action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking enforcement action in the future).

13.5 Governing Law. These Terms of Use are governed by and construed in accordance with the laws of the state of Colorado without regard to its conflict of laws rules. For disputes that are not subject to arbitration, you expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and or your use of any of the Services resides in the courts located in Denver, Colorado, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If you are a user based in the European Union, then Irish law shall apply to these Terms of Use and the Irish courts shall have exclusive jurisdiction to hear disputes arising in relation to the Terms. Despite this, your local laws in your European Union Member State may allow you to take legal action against Outside in your Member State and to invoke certain local laws against Outside.

13.6 Miscellaneous. If it turns out that a particular provision in these Terms of Use is not enforceable, that will not affect any other provision. Headers are for convenience and do not affect the interpretation of these Terms of Use. These Terms of Use constitute the entire agreement between you and the Company relating to the use of this Services and supersedes and replaces any prior agreement and communication between the parties.

13.7 California Notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

13.8 Contact Us. If you have any feedback, questions or comments about the Services, please contact our Support Team here or direct your communication to us by mail at: Outside Interactive Inc., 1600 Pearl St., Suite 300, Boulder CO, 80302.

APPENDIX A
Product and Service Specific Terms

1. ATHLETEREG

1.1 Event Registration. The user submitting the credit card information for on-line registration warrants, represents and agrees as follows:

You represent and warrant that you have full legal authority to complete this event registration on our Website, including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you further represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the Terms of Use shall apply equally to you and to any third parties for whom you are acting as agent.

1.2 Third Party Services. The athleteReg service is set up to facilitate on-line registrations, membership purchases and renewals, merchandise purchases and other specified transactions. Your transaction is also subject to terms and conditions as set forth by any third party organizations involved in such processes. WE FACILITATE ON-LINE COMMERCE ON BEHALF OF ORGANIZATIONS IN WHICH WE ARE NOT AFFILIATED. WE UNDERTAKE TO MAKE IT VERY CLEAR AT EACH PURCHASE POINT ON OUR WEBSITES EXACTLY FROM WHOM YOU ARE MAKING ANY PURCHASES. WE DO NOT OPERATE AS A REPRESENTATIVE FOR ANY ORGANIZATIONS AND SERVE SOLELY AS AN INDEPENDENT CONTRACTOR FOR THE PURPOSE OF FACILITATING SUCH ONLINE TRANSACTIONS.

In addition, you may order services or merchandise through the Outside Websites from other persons not affiliated with Outside or athleteReg (“Seller”). For example, you may choose to register for a sporting event and purchase event-related merchandise on an athleteReg Website. All matters concerning the merchandise and services ordered from a Seller, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Outside and athleteReg make no warranties or representations whatsoever with regard to any goods or services provided by Sellers, and will not be construed as a party to such transactions, whether or not Outside and/or athleteReg may have received revenue or other remuneration in connection with the transaction. You agree that Outside and/or athleteReg will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.

2. COMMERCE

2.1 Shipping and Risk of Loss. Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify us within thirty (30) days of the date of your shipment if you believe all or part of your order is missing or damaged. If a package shows as delivered by the carrier, but the customer claims it was never delivered, Outside is under no obligation to replace, refund, or assist with the shipment.  It is recommended that the customer work directly with the carrier to resolve the situation. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation; postal-service verification of delivery may be deemed proof of the same in Outside’s sole discretion. We will adjust your account at our sole discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.

2.2 International Shipping. Outside shall not be responsible for any customs-related charges which may be imposed by any governmental entity or delays which may occur as a result of customs practices or procedures by any governmental entity.  Additionally, the customer acknowledges that tracking on international shipments will not show movement/scans outside the US. So long as a scan has been registered on your shipment within the US, the customer bares all risk and responsibility for the package being delivered. Furthermore, you agree and acknowledge that Outside shall not be under any obligation to assist with any delays or charges related to these matters.

2.3 Returns and Exchanges:

          2.3.1 Subscriptions:  If a product received from a subscription is defective, you may return it and we may, at our sole discretion, send you a new item or credit your account. To start this process, please contact us at [email protected]. When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address given during coordination of the shipment. Please note credits resulting from a recurring subscription y charge are only available up to thirty (30) days past the date of the shipment. Refunds are at the sole discretion of Outside.

          2.3.2 Auction: All sales of product on our auction site are final.  If a product received from our auction site is defective, you may return it and we may, at our sole discretion, send you a new item or refund your account. To start this process, please contact us at [email protected]. When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address given during coordination of the shipment.  Refunds are at the sole discretion of Outside.

          2.3.3 Shop: Please visit https://www.getcairn.com/pages/returns for details on returns, exchanges, and refunds to the Outside Shop. 

2.4 Gifts. The purchase of an Outside multi-month gift cannot be redeemed for cash, cannot be resold and is otherwise non-transferable. Gifts are one-time transactions and are not automatically renewed at the end of their period.

2.5 Referrals. To refer a friend, start by creating an account on our website (no purchase necessary).  After creating your account, visit the “Refer-A-Friend” page of the website under your account details. You will be presented with your unique referral code.  Share this with as many people as you’d like.  You and the person you refer will each receive $10 off a subscription when such code is used.

2.6 Points. Outside Shop’s previous points program will be terminated as of May 18, 2022. You have until such date to redeem your points in the Outside Shop. Unused points will be automatically forfeited after the termination of the program. Points are non-transferable, have no cash value, and are not redeemable for cash under any circumstances except as required by law. Please contact Outside here if you have any questions about the termination of the program. 

2.7 Cancelations/Refunds. For auto-renewing subscriptions, Outside does not offer any refunds for previous purchases, including for products not yet shipped as of the cancelation date. Should you choose to cancel your membership via our website’s Cancelation button, such cancelation shall only be effective with respect to future renewals.

3. FINISHERPIX

3.1 Order Acceptance. A binding offer is made once the user places an order via the online form, in writing or over the telephone specifying the size and the number of the desired photos and/or personalized products (hereinafter, “Merchandise”). FinisherPix will accept this offer either by sending an e-mail confirmation or by delivering the ordered merchandise.

3.2 Prices. The Merchandise will be supplied at the prices valid on the day on which the contract is concluded and indicated on the website of FinisherPix. The final price is composed of the order value and all applicable shipping charges and/or taxes.

          3.2.1 International Pricing Terms. The prices include the respectively applicable statutory VAT.  If the Merchandise is sent to countries outside the EU, additional clearance charges and/or taxes which are outside the control of FinisherPix may be incurred. Any such clearance charges and/or taxes are to be paid by the purchaser.

3.3 Shipping and Risk of Loss. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify FinisherPix within thirty (30) days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Merchandise and credits to your account for shipped Merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our sole discretion. Repeated claims of undelivered Merchandise may result in the cancellation of your membership.

3.4 Exchanges and Refunds. Except with respect to defective Merchandise, we cannot accept returns or exchanges. All sales are final. Subject to Section 2.6, Merchandise is considered defective if it does not meet the technical standard for digital photo and image processing. The purchaser will have to give notice of any patent defects of the delivered merchandise immediately upon delivery. In the event of a justified complaint, FinisherPix may at first make a substitute delivery. If such a substitute delivery should be impossible or fail, the purchaser will be entitled to demand a refund or a reduction of the purchase price. If the purchaser elects a refund, all applicable Merchandise must be returned to: Finisherpix, 5720 Flatiron Parkway, Boulder, CO 80301. The forwarding charges will be assumed by FinisherPix.

3.5 Ownership and License. The copyright on all photos taken well as all intellectual property rights, publishing rights, and utilization rights remain exclusively with Outside. The purchase of a picture does not involve the explicit or implicit cessation of any rights. Subject to your compliance with these terms and your payment of any applicable fees, FinisherPix grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the purchased Merchandise. This license does not include any resale or commercial use of the Merchandise. Any publication or other commercial use of the purchased pictures requires the previous written permission of FinisherPix.

3.6 Reproduction Disclaimer. Purchaser is aware of the fact that due to the diversity of electronic display devices it is impossible to reproduce the photos absolutely true to the original. Therefore the electronic pictures can only convey an approximate impression of the original picture. The original pictures may in some cases differ significantly from the electronic sample in terms of sharpness, richness of detail, contrast, and color. The reduced size, the inevitable screening, and the limitation to a web-compatible grey and color scale can change the impression of sharpness. Furthermore features such as the granularity of the film cannot be depicted in the samples.

4. GAIA GPS
   Please see Gaia GPS’s Pricing Terms at gaiagps.com/member, gaiagps.com/premium, or gaiagps.com/team (depending on which is applicable to your subscription) for details regarding pricing for the Services.
   
5. PINKBIKE

Please see the Pinkbike Etiquette terms at https://www.pinkbike.com/about/etiquette/ for the rules related to Pinkbike’s community forums. 

Pinkbike offers a marketplace for the purchase and sale of outdoor sports equipment (the “Marketplace”). The Marketplace is an online consumer-to-consumer marketplace. While Outside may help facilitate transactions, Users that list and sell items through the Marketplace (“Sellers”) and Users that purchase items through the Service (“Buyers”) are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers (this means “you”) are collectively referred to herein as “Users” of the Marketplace. Outside does not sell or purchase any goods itself, take possession of the goods, either for itself or on behalf of users or others. A User shall not use their Pinkbike account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms of Use. As a condition for using the Marketplace, we hold Buyers or Sellers accountable for violations of law, violations of these Terms of Use and all applicable policies. Outside does not manufacture, store or inspect any of the items sold through the Marketplace. As the items are produced, listed and sold directly by independent sellers, Outside cannot and does not make any warranties about their quality, safety or legality. Any claim related to an item you purchase must be brought directly against the Seller of the item. You release Outside from any claims related to items sold through our Service, including for defective items, misrepresentations by Sellers or items that caused physical injury.

If you have a dispute with one or more Users, you release Outside and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

6. VELOPRESS

6.1 Preorders. Books that are preordered from Velopress.com often arrive before they are available anywhere else. Customers who preorder a book will be charged for the book when they place their order. Books for which we are accepting preorders will include a red text note on the book’s page that shows the time frame during which we believe the book will ship. The actual shipping date may change due to weather, freight delays, warehousing issues, etc.  If a book’s shipping date changes substantially, VeloPress will email customers who preordered the book to give them an opportunity to cancel their order for a refund.

6.2 VeloPress Order Cancellation and Refunds. VeloPress reserves the right to cancel orders, coupons, sales, and special offers in exchange for a refund at any time, for any reason, and without prior notice. We will notify customers as soon as possible to explain the reason for cancellation and to notify them about their refund. We will process the refund to the credit card used to place your order. VeloPress is careful to remove products from sale when inventory is low, yet it is possible that our website may outsell current inventory.

6.3 Shipping and Risk of Loss. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify us within thirty (30) days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of merchandise and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our sole discretion. Repeated claims of undelivered Merchandise may result in the cancellation of your membership.

6.4 International Orders. Except as related to E-books (see Section 5.8 below) International orders are currently unavailable. Please check back soon.

6.5 Customer Exchanges and Returns. VeloPress will accept returns under the following conditions:

• If the book was purchased from VeloPress.com. We cannot refund purchases from other retailers. If you bought the book from a third party retailer, please check the customer service and/or return policies of the retailer who sold you the book in question.
  
• Within thirty (30) days of placing your order, you must email [email protected] to let us know that you’d like to make a return.
  
• Items sold from VeloPress.com below the suggested retail price are final sale. Please email [email protected] to confirm whether this is the case if you are unsure.
  
• We must receive the returned book in new, resellable condition. We will decline to refund or exchange books that show visible wear and tear. Pack and ship your books carefully or we may return the book to you and decline your refund.
  
• VeloPress is not responsible for returned books lost in shipment or mailed with inadequate postage.

To return your purchase for a refund, please print your order confirmation, mark it either “Return for Refund” or “Exchange” and send it to:

Outside Interactive, Inc.
C/O VeloPress
1600 Pearl St., Ste. 300
Boulder, CO 80302

Returns for refund will be reimbursed to your original payment method within fourteen (14) days of our acceptance of your returned purchase.

All exchanges will be mailed to you via U.S. Postal Service Media Mail to the “Ship to” address on your original order confirmation. Exchanges may take up for fourteen (14) days to process.

6.6 Defective Books. VeloPress will exchange physically defective books, but we do not offer refunds for defective books purchased from other retailers. We do not consider minor typos to make a book defective and we will post downloadable corrected pages when we deem it necessary. Books that have been subject to normal wear and tear are not considered defective. If you have recently purchased a defective VeloPress book and would like to exchange it, please email us to describe the problem. We will often ask you to provide a digital photo that shows the problem so we may avoid it in the future. If we agree your book is defective, we will provide instructions to arrange an exchange.

6.7 E-books. VeloPress releases e-book editions of many books to over 40 countries through 35 retailers and our print books may be ordered from retailers in your country through our international distributors. See the VeloPress e-Book FAQ here.