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Terms of Service

Welcome to outdoorpals (“the Site,” “the service,”, “the app”, “services,” “us,” “we”, "our", "Company", "website", “outdoorpals”). The Site is operated by outdoorpals, LLC (the "Company," "we," “our” or "us”). By accessing or using our Site, mobile application or services you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service” or “Agreement"), regardless of whether you are a registered user of the Site or mobile application.  By visiting our Site, mobile application or signing up for any of our services, you engage in our Services (the “Service”, “Services”).  These Terms of Service apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. You must be at least 18 years old or older to gain access to our website and its contents. As used herein, “You, “User” or "Users" means anyone who accesses and/or uses the Site or any of our services. 

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any new features or services which are added, at our sole discretion, shall also be subject to the Terms of Service.

This is a legal agreement between You and outdoorpals, LLC. You should carefully read this agreement and the Company’s Privacy Policy, which is incorporated into and is part of this agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, you may not use the Service.

These Terms of Service were last updated on September 18, 2020.

Section 1 - Account Creation

You need an account for most services provided by the Company. You may choose to sign in using your Apple or Facebook login. If you do so, you authorize us to access and use certain Facebook or Apple account information, including but not limited to your public Facebook or Apple profile. Alternatively, you may create an account using your email address. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.

You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

 

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and the company will not intervene in disputes between customers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account.

You must be at least 18 years of age to create an account on outdoorpals and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with outdoorpals,

  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations,

  • you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry, and

  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.

 

If you do not meet the above eligibility criteria, you may not create an account. If we discover that you have created an account that violates these rules, we will terminate your account.

 

Section 2 - Termination and Modification of this Agreement

outdoorpals may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” menu in the app. If you use a third-party payment account, you will need to manage in app purchases through such account (e.g., Apple or Google Play) to avoid additional billing.

outdoorpals may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and outdoorpals: Section 5 and Sections 9 through 12.

Section 3 - Safety; Your Interactions with Other Members

outdoorpals is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow outdoorpals’ Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other members.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT OUTDOORPALS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. OUTDOORPALS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. OUTDOORPALS RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE OUTDOORPALS TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS OBTAINED BY IT OR WITH THE ASSISTANCE OF A CONSUMER REPORTING AGENCY, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.

Section 4 - Usage Rules

outdoorpals grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by outdoorpals and permitted by this Agreement. Therefore, you agree not to:

  • use the Service or any content contained in the Service for any commercial purposes without our written consent or unless otherwise specified through the Service.

  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without outdoorpals’ prior written consent.

  • express or imply that any statements you make are endorsed by outdoorpals.

  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.

  • upload viruses or other malicious code or otherwise compromise the security of the Service.

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.

  • “frame” or “mirror” any part of the Service without outdoorpals’ prior written authorization.

  • use meta tags or code or other devices containing any reference to outdoorpals or the Service (or any trademark, trade name, service mark, logo or slogan of outdoorpals) to direct any person to any other website for any purpose.

  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.

  • use or develop any third-party applications that interact with the Service or other members’ Content or information without our written consent.

  • use, access, or publish the outdoorpals application programming interface without our written consent.

  • probe, scan or test the vulnerability of our Service or any system or network.

  • encourage or promote any activity that violates this Agreement.

outdoorpals may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

 

Section 5 - Information You Provide to outdoorpals

By creating an account, you grant to outdoorpals a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Apple or Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”). outdoorpals’ license to your Content shall be non-exclusive, except that outdoorpals’ license shall be exclusive with respect to derivative works created through use of the Service. For example, outdoorpals would have an exclusive license to screenshots of the Service that include your Content. In addition, so that outdoorpals can prevent the use of your Content outside of the Service, you authorize outdoorpals to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other outdoorpals members).

You agree that all information that you submit upon creation of your account, including information submitted from your Apple or Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to outdoorpals above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating directly with members of the outdoorpals team, you agree to be respectful and kind. If we feel that your behavior towards any of our team members is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for outdoorpals allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to outdoorpals regarding our Service, you agree that outdoorpals may use and share such feedback for any purpose without compensating you.

You agree that outdoorpals may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

Notwithstanding anything else to the contrary contained in these Terms of Service, Company’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site or use of our services shall be governed by our Privacy Policy, which is incorporated into and part of this Agreement.

Section 6 - Intellectual Property

 

Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Company and its licensors and are protected by law from unauthorized use. The entire contents of the Service (including without limitation all visual content, audio visual content, text (the “Content”), and the arrangement, sequence, structure, and organization of the Service, are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Bet L.L.C. and Company logos are trademarks of Company and may not be used without the express written permission of Company. You do not acquire any ownership rights by using the Service or downloading material from the Service, you have during this Agreement only the limited right to use the Service for your personal education.

 

Section 7 - Community Rules

By using the Service, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.

  • use the Service for any harmful or nefarious purpose.

  • use the Service in order to damage outdoorpals.

  • spam, solicit money from or defraud any members.

  • impersonate any person or entity or post any images of another person without his or her permission.

  • bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.

  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.

  • post any Content that is hate speech, threatening, incites violence, or contains nudity or graphic or gratuitous violence.

  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.

  • use another user’s account, share an account with another user, or maintain more than one account.

  • create another account if we have already terminated your account, unless you have our permission.

outdoorpals reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that outdoorpals regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

Although outdoorpals reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and outdoorpals cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service directly through the “Settings” menu on the app.

 

Section 8 - Purchases

You will have the opportunity to purchase a paid version of the Service from outdoorpals. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel.

outdoorpals may offer products and services for purchase through Apple, Google Play or other external services authorized by outdoorpals (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point is will expire.

Because our Service may be utilized without a subscription, canceling your subscription does not remove your profile from our Service. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 2.

8a. External Service Purchases and Subscriptions

External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.

When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple of Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.

If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.

To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not outdoorpals. To cancel a purchase made with your Apple ID, go to “Settings” > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your outdoorpals subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your outdoorpals subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, outdoorpals may terminate your account immediately in its sole discretion. outdoorpals will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 7b below for more information.

8b. Refunds

Generally, all purchases are nonrefundable. Special terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and the EU or European Economic Area.

Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU or European Economic Area:

In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

If any of the above apply to you and you subscribed using your Apple ID or Google account, your refund requests are handled by Apple or Google, not outdoorpals. To request a refund, please contact your External Service directly; for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. For any other purchase, please contact outdoorpals directly with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: outdoorpals, Attn: Cancellations, PO Box 71448, Cottonwood Heights Utah, 84171 or by email to info@outdoorpals.com using the subject line “Cancellation”.

Section 9 - Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, “OUTDOORPALS PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

OUTDOORPALS TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

OUTDOORPALS DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.

Unless you are a governmental organization, you forever release, discharge, and covenant not to sue the outdoorpals Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the outdoorpals Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the outdoorpals Parties if anything happens to you, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

Section 10 - Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUTDOORPALS, ITS AFFILIATES, MEMBERS, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS` OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF OUTDOORPALS HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUTDOORPALS’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO OUTDOORPALS DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST OUTDOORPALS, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Section 11 - Indemnification

You agree at all times to indemnify, defend and hold harmless Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, causes of action, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of or related to your our service, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Section 12 - Arbitration, Class-Action Waiver, and Jury Waiver

If you pursue a legal claim against outdoorpals, you agree to arbitration (with limited exceptions).

Except for users residing within the EU or European Economic Area, and where prohibited by law, the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. 

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Salt Lake City, Utah. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. outdoorpals does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.

Section 13 - Third Party Services

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. outdoorpals is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. outdoorpals is not responsible or liable for such third parties’ terms or actions.

Section 14 - Governing Law

Except where our arbitration agreement is prohibited by law, the laws of the State of Utah, without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with outdoorpals. Notwithstanding the foregoing, the Arbitration Agreement in Section 12 above shall be governed by the Federal Arbitration Act.

Section 15 - Venue

Except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with outdoorpals that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Salt Lake City, Utah. You and outdoorpals consent to the exercise of personal jurisdiction of courts in the State of Utah and waive any claim that such courts constitute an inconvenient forum.

Section 16 - Entire Agreement; Other

This Agreement, along with outdoorpals’ Privacy Policy, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and outdoorpals regarding your relationship with outdoorpals and the use of the Service. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with outdoorpals, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of outdoorpals to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your outdoorpals account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind outdoorpals in any manner.

Section 17 - Legal Notices

Legal notices and questions about this Agreement, can be sent to the company at legal@outdoorpals.com or by mail at Attn: outdoorpals Legal, PO Box 71448, Cottonwood Heights Utah, 84171. We can also be contacted through the “Contact Us” function on our website, outdoorpals.com.