Terms & Conditions

Last updated: Sept. 1, 2023

Please read these Terms and Conditions ("Terms" or "Terms and Conditions") carefully before using outdoors.com/shop website ("Service") operated by GoWild Alpha Inc. or Holler Commerce, a product of GoWild in partnership with Outdoors.com (“Company,” "Us," "We" or "Our").

Your access to and use of Service is conditioned on your acceptance of and compliance with Terms. Terms apply to all visitors, users and others who access or use Service.

By accessing, downloading or using Service you agree to be bound by Terms. If you disagree with any part of Terms then you may not access Service.

 

Children Younger Than 18: Your Parents Must Agree

If you are less than the age of eighteen (18) years, a parent or legal guardian must agree to allow you to use Service, and has agreed to Our Terms on your behalf.

 

Content

Our Service allows you to post, link, store, share and otherwise make available information, text, graphics, videos or other material ("Content"). You are responsible for Content posted on your account, so it is imperative you never share your login credentials with anyone. While you always own your Content, you do acknowledge that the Company may use screenshots of Service or Content within Service for marketing efforts and your Content may be used in these efforts. Company will not sell the rights to your photos, and will not sell your photos for advertisements to Vendors (as defined below).

You acknowledge:

  • The Company cannot control what others may do with posted Content within Service and therefore acknowledge that Company is not responsible if any person or entity reposts your Content to its service, another social platform or any other media, including but not limited to print advertising, television advertising, social media accounts, brochures, websites or videos. If you believe your content has been stolen, please email a screenshot of the post and the offending member's name to [email protected] with the subject line "Reported Content Theft." Please provide proof of ownership and a detailed account of what has happened.
  • The Company has Gear functionality that allows you to share what products you are using. Your image, name and content may be represented on the product display pages for gear you tag or review. You will not be paid commissions from any gear sold and are not owed modeling rights. By using the platform and tagging Gear, you acknowledge consent. This feature is active for all profiles at all times and can only be deleted by deleting your account. 
  • In order to help other outdoorsmen and women learn, all content is Public. 
  • Your reviews may showcase on other websites powered by GoWild Alpha Inc. and/or Holler Commerce.
  • You will only post content that you have the rights to.

 

Content Guidelines

Company is an open community where We value people's rights to differing opinions and perspectives. We respect other people's views and their right to share it and expect you to do the same. You agree that by using Service you will not post Content or take any action on Our Service that attacks other users or their Content, or infringes or violates someone else's rights or otherwise violates the law. If you believe a piece of content violates our terms of service, you can report the post via [email protected], and our team will review within 48 hours. We can and will remove content that violates these rules. Offenders may not receive a warning.

In the event the Company sees repeat spam posts, We may delete your account. You are not entitled to a warning.

 

Content - Harassment

Harassment, sexual harassment, intimidation or bullying of Users of the platform is not accepted. Any type of harassment may result in a warning, deletion of content, suspension or deletion of your account altogether. Hate speech of any kind is not tolerated and may result in immediate deletion of your account. Hate speech is defined as "abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation.”

Everyone enjoys the outdoors differently, and we accept and encourage a wide range of content, as long as it's legal behavior. Illegal behavior may be removed if reported or discovered by our team, and may result in deletion of your account.

Examples of this type of harassment:

  • Bullying someone about an outdoor accomplishment 
  • Bullying someone for legally keeping fish you personally would have not kept
  • Bullying someone over their choice of gear
  • Bullying someone for their conservation contributions or donations 

If you are being harassed, please report to [email protected], subject: "Harassment Report." Please include a link to the page and screenshots. If you believe your account was wrongfully deleted, contact us at [email protected], subject: "Wrongful Deletion." Please know these accounts cannot and will not be recovered, but we can use the information for future cases. We do not store any deleted data and therefore we can not recover any deleted accounts, whether deleted by the User or the Company.

 

Content - Theft, Spam, Pornographic, Suspicious

You do not have the right to a warning if you violate this content guideline. If an account is reported numerous times for a single or multiple instances of inappropriate content, We may delete the account. Pornographic content will result in immediate deletion of the account. If you solicit members to contact you outside of our messaging platform, such as via Google Hangouts or email, your account may be deleted if it is deemed suspicious. If you solicit members to buy crypto currency, your account will be deleted. If your account is using stolen imagery, known spam emails, known spam communication tactics or otherwise suspicious behavior, you will be deleted. Accounts less than 7 days old with any suspicious phishing behavior will be deleted immediately. Accounts older than 7 days will be reviewed by an internal team, and still may be deleted if deemed suspicious. Posts with misleading or maliciously false information may be taken down. Accounts promoting mass generic or promotional content, via either reviews, posts or direct messages, may be deleted without warning; this includes but is not limited to excessive promotion of other social platform links, links to other websites, promoting sponsors or any other behavior We deem unnatural, unsolicited or spammy. We cannot verify or guarantee the truth or quality of any information found on the platform, but the Company does make an effort to remove known maliciously false content, content that may put someone else in harm's way, or content that is intentionally misleading.

 

Content - Politics

Our platform is not intended for the discussion of politics, but political content is sometimes shared by members of the platform, typically in how it relates to outdoor regulation, conservation, etc. We cannot verify the truth of all political or legal claims. If content is shared and subsequently reported, and that content is found to contain blatant falsehoods or intentionally misleading claims, the content may be removed. Repeat offenses of this type of content may result in the deletion of this user's account.

Just as the platform is for all types of outdoorsmen and women, we are bipartisan in our content rules. The platform is for social engagement and education as it relates to the outdoors first and foremost, and the outdoors is for everyone. Likewise, political discourse that is civil is not a violation of terms. Repeated offense of politically charged insults and targeted aggressive language at other users may result in the deletion of content and/or your account. While civil discourse is allowed, excessive chastising, bullying, taunting or name-calling towards someone for their political views is not allowed. You are not entitled to a warning. Political harassment may result in deletion of your account.

 

Content - Religion

Members are free to share religious beliefs on the platform. Any chastising, bullying, taunting or name-calling towards someone for their religious views is strictly forbidden and is considered hate speech. You are not entitled to a warning. Religious harassment and hate speech may result in deletion of the offending account.

 

Content - Illegal Behavior

We reserve the right to report illegal activity found on the platform to the proper authorities if someone may be in danger or an animal has been illegally harmed or taken. Examples of such content are: encouraging or coordinating violence, activity deemed illegal by the department of natural resources, or coordinating terroristic acts.

 

Content - Intellectual Property

If you believe your intellectual property (“IP”) has been stolen through Company's Service, please contact us at [email protected] with a detailed description of the problem, account that has stolen your IP and a description of that IP. Users who continue to steal and infringe on IP rights will be deleted.

If a user collects information from someone else on Service (examples being photos, captions, etc.) then it is expected that the user will ask for permission, obtain written consent, and make it clear why it wants to use Content. We are not responsible for content stolen from the platform.

 

Content - “Doxing”

You agree that by using Service you will not post anyone's identification documents, home address, phone number, social security numbers, license plate numbers, payment information or other sensitive information on the Service. Posting private information on the platform will result in the deletion of the offending account.

 

Marketing Communication

By default, you agree to subscribe to marketing email communications from the company. You may unsubscribe upon receipt of the first email by visiting the footer of the email and clicking “unsubscribe.” These emails could include updates about the app, brand partner advertisements, gear promotions or other notifications.

If we are using an app for this product, push notifications for the mobile app are controlled by your phone's settings. You can opt in and out of these notifications as you please through your phone's notifications settings.

 

Company's Intellectual Property Rights

Service is owned and operated by GoWild Alpha Inc. All of the Content (excluding user-generated content on the platform) that is displayed and/or downloadable on this Service, including photographic images, graphic images, text, captions, video, audio-visual files, digital files and software, and all of the features of this Service, including Company's designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, programming code, and products or services (collectively, “Company's IP”) obtained from Service is the exclusive property of Company. Company's IP is protected by state, national and international laws, including copyright, trademark, trade dress and other intellectual property laws. All of the Company's IP accessed or downloaded by you (whether or not such access or download was authorized) transfers no right, title or interest in or to Company's IP rights therein. All right, title and interest in and to such Company's IP shall remain the exclusive property of Company. None of Company's IP may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein. Company hereby expressly reserves all rights in relation to Company and Service not expressly granted herein.

For the protection of Company's IP, Company may use electronic measures to protect Company's IP and Service. You agree not to, nor attempt to, disable or interfere with any such measures. Any circumvention or interference with such measures may result in civil and criminal penalties.

 

Advertising

We strive to deliver advertising and sponsored Content that's not just present, but useful. We want members to find the advertisements and sponsored Content on Our Service to be interesting and beneficial. In order to help Us accomplish a better advertising experience, you agree to the following: you give Us permission to use your name, profile photo, public-facing content and information in connection with your Content (such as products you log publicly as your gear or activities you participate in). This means you acknowledge permission for the Company to display your name and/or picture with Content paid for by advertisers without any compensation or royalties paid to you, and likewise allow the company to showcase your profile, content and reviews on product display pages. Again, this is how the service is provided for free. We do our best to identify paid content and services as advertisements or sponsored. You agree that you understand We may have content that is sponsored.

 

Purchases

If you wish to purchase any product or service made available through Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, billing address, mailing address, credit card number and related information. Your credit card information is not stored with the Company. This information is stored within a third-party vendor (“Vendor”). By making a purchase, you give Company permission to process your card with Vendor's assistance. You acknowledge Company does not store this data or keep a record of it and is therefore not responsible for the database in which it is housed.

Our Service is free, but please be aware that your telephone carrier's normal rates and fees (i.e. text messaging and data charges) will apply as you consume data through Service.

 

Subscriptions

While Company does not offer any subscriptions at this time, you agree that any future subscriptions (“Subscription(s)”) you may sign up for will be billed on a periodic basis, based on your agreement with Company. You will never be opted into subscriptions without your consent.

 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

Company has no control over, and assumes no responsibility for, content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

 

Gift cards

Gift cards are non refundable.

 

Refunds

The latest information on how to complete a return, visit our return page. 

 

SMS / MMS Mobile Message Marketing Program

We may occasionally offer you early access to our own products or exclusive deals via text. These offers will be infrequent, and only when special product releases or other special offers are in place. Don't worry—we're not going to spam you. But, the government and the attorneys require a lot of language around these programs. In short, if you aren't interested, just opt out on that first text. It's easy. Otherwise, stay signed up as a fun way to find out about new products.

We are offering a mobile messaging program (the “Program”), which you agree to use and participate in as part of our terms of service. By opting in to or participating in any of our Programs, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: You will be able to easily opt out on the first message. The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. No additional consent is required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that failing to follow opt out instructions may not result in you opting out of the service.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms and Conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You agree that you are of eighteen (18) years of age and eligible to make any purchases via the platform. You also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Kentucky before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which our principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years' experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

Changes

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will do our best to let you know.

 

Contact Us

If you have any questions about these Terms, please contact us at [email protected].