Terms of Service
User Agreement
Effective as of: 11/28/22
This User Agreement (this “Agreement”) create a legal agreement between you and Outdoors Media, Inc., (“Outdoors Media, Inc.,” “we” or “our”) providing the terms and conditions for the use of http://www.outdoors.com as well as any of the other products, events and services that may be offered from time-to-time as part of a subscription purchase (collectively, the “Service”). By using the Service you agree to abide by all of the terms of this Agreement. If you do not agree to, or if you cannot comply with this Agreement in any way, you are not permitted to use the Service. We may change this Agreement at any time. If we do make changes, we will post a copy of the new Agreement on the Service. Your continued use of the Service following any changes constitutes your agreement to abide by this new, changed, Agreement. Any breach of this Agreement may result, at our sole discretion, in the termination of your access to the Service, without notice, in addition to other remedies available to Outdoors Media, Inc.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR THE SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN THE SERVICE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH OUTDOORS MEDIA, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SERVICE OR ANY OF ITS CONTENTS BY APPLICABLE LAW.
Ownership
The Service and the entire contents, features, and functionality, including, for example, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the “Content”), as well as all design elements, is owned by Outdoors Media, Inc. and its affiliates, licensors, or suppliers (excluding any “User Content,” as defined below, which may be owned by others). The Service is protected by copyright, trademark, and other intellectual property laws of the United States of America and applicable international intellectual property laws.
Pricing and Payment
All prices, discounts, and promotions posted on the Service are subject to change without notice. The price charged for the Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and charges will be added to your total and will be itemized in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
You agree to pay for the charges and fees you incur in connection with your Outdoors+ subscription, product purchase or other membership. All fees and charges are nonrefundable. If you want to cancel your subscription or membership, have questions about your order, or have need to contact us for any reason, please send an email to: [email protected].
We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Service at the time of your order.
Use Of The Service
You may use the Content online only, and solely for your personal, non-commercial use. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice from such Content. Outdoors Media, Inc. does not represent or warrant that use of any of the Content will not infringe on the rights of third parties. You may link to the Service, provided you agree to remove such link immediately upon our request. The permitted use described in this paragraph is contingent upon your compliance at all times with this Agreement. No other use is permitted without our prior written authorization.
Protecting Copyrights And Other Intellectual Property
You may not upload, embed, post, e-mail, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other rights of any person or entity. If you believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing: (1) your full legal name and your physical or electronic signature; (2) the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works; (3) the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service or the exact location where such material may be found; (4) adequate identification information by which we can contact you, including your name, postal address, telephone number and, if available, e-mail address); and (5) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notification of claimed infringement can be reached as follows: 1402 Third Ave. North, Nashville, TN 37208 E-mail: [email protected]
User Content
Any comments, posts, reviews, messages, images, audio, suggestions or other communications you submit on or through the Service (collectively “User Content”) are not private. By submitting User Content, you grant Outdoors Media, Inc. and its affiliates and licensees an irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce, and create derivative works based upon such User Content, in any form, software, or technology of any kind now existing or developed in the future. By submitting such User Content, you are confirming that (a) you are the sole author and the User Content is original with you and not copied in whole or in part from other work; (b) you have obtained all necessary permissions associated with the User Content; and (c) the User Content is not libelous, obscene or in violation of this Agreement. By submitting User Content, you grant Outdoors Media, Inc. and its affiliates permission to use your name and any other information (as provided by you) to attribute such User Content to you. Without limiting the generality of the previous sentence, and subject to our Privacy Policy, you authorize Outdoors Media, Inc. and its affiliates to share the User Content across all affiliated websites and on social media, and to use your name and any other information in connection with its use of such User Content. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of the Service. You also grant Outdoors Media, Inc. and its affiliates and licensees the right to use any material, information, ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using or inspired by such User Content. We are not responsible for the similarity of any of our Content or programming in any way to User Content submitted by you. All rights granted in this section are granted without the need for additional compensation of any sort to you.
Interactive Areas Of The Service
The interactive areas of the Service are provided to users to express their opinions and share ideas and information. We reserve the right, but are not obligated in any way, to review, edit, move, or delete any User Content provided for display or placed on the Service, as well as their right to access and use the Service, at our sole and absolute discretion, without notice to the person who submitted such User Content. You could be liable for any illegal or prohibited User Content, including, for example, infringing, defamatory, or offensive materials, and you promise not to submit such User Content.
In addition, you may not, in connection with your use of the Service:
(1) impersonate any person or entity or falsely misrepresent your affiliation with any other person or entity; (2) forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted on or through the Service; (3) engage in commercial activities and/or sales without our prior written consent including, without limitation, contests, sweepstakes, barter, or advertising; (4) post or transmit any Content that you do not have the right to post or transmit; or (5) interfere with or disrupt the Service or any server or network involved with the operation of the Service. If you discover this kind of material or activity on the Service, please notify us at [email protected]. Given the nature of the Service and the volume of User Content we receive, we cannot and do not monitor all User Content or other materials posted or transmitted by users and third-party information providers. We discourage submitting personal information when you participate in interactive areas of the Service. You do so at your own risk. We do not necessarily endorse, support, sanction, encourage, verify, or agree with statements posted on the interactive areas of the Service. You agree that we are not responsible, and shall have no liability to you or any other person or entity whatsoever, with respect to any such statements.
Third-Party Links; Search Results
The Service may provide links to or automatically produce search results for third-party websites or resources or third-party information referencing or linking to third-party websites or resources. We have no control over such third-party websites and resources, and you acknowledge and agree that we are not responsible for the content or information contained therein. We cannot and do not guarantee, represent, or warrant that the content or information contained in such third-party websites and resources is accurate, legal, non-infringing, or inoffensive. We do not endorse the content or information of any third-party Web site or resource and, further, we do not warrant that such websites or resources will not contain viruses or other malicious code or will not otherwise affect your computer. By using the Service to search for or link to a third-party Web site, you agree and understand that we shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on, the Service to obtain search results or to link to a third-party Web site. However, if you have a problem with a link from the Service, please let us know at [email protected].
Disclaimer of Warranty; Limitation of Liability
Although we try to provide accurate information on the Service, the materials may contain inaccuracies, errors, and typographical errors. Outdoors Media, Inc. and its affiliates do not warrant the accuracy or completeness of the Content contained on the Service. We may make changes to the Content at any time without notice and make no commitment to update the Content. You acknowledge that you are using the service at your own risk. The Service, the content available on or through the Service, and the software made available on or through the Service, if any, are provided “as is” without any representation or warranty of any kind, and Outdoors Media, Inc. and its affiliates hereby expressly disclaim any and all warranties, expressed and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee, or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any Content contained therein or provided by the Service. Outdoors Media, Inc. and its affiliates shall not be held liable and do not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors, or omissions or loss of transmitted information, or that no viruses will be transmitted on the Service. Outdoors Media, Inc. and its affiliates are not responsible or liable for User Content or other content posted by third parties, actions of any third-party, or for any damage to your computer equipment or other property. You expressly understand and agree that Outdoors Media, Inc. and its affiliates, subsidiaries, service providers, licensors, officers, directors or employees shall not be liable under any circumstances for any indirect, general, incidental, special, consequential, exemplary, punitive, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Outdoors Media, Inc. or its affiliates have been advised of the possibility of such damages) or damages from any theory of liability whatsoever, arising out of or in connection with the use, or your browsing in, or your links to other sites from this site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless, Outdoors Media, Inc. and its affiliates, subsidiaries, service providers, licensors, officers, directors and employees, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegations regarding: (1) your use of the Service; (2) Outdoors Media, Inc. or its affiliates’ use of any User Content or information provided by you; (3) User Content or information posted or transmitted through your membership account, even if not posted by you; and (4) any violation of this Agreement by you.
Termination
We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration for any program offered on the Service, your ability to access the Service, and to remove any User Content, for any reason, including without limitation any breach by you of this Agreement or conduct by you that we determine to be inappropriate. You agree that Outdoors Media, Inc. and its affiliates shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
Assignment
Outdoors Media, Inc. may at any time and without your consent transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliates, or to any entity that acquires Outdoors Media, Inc. or any of its assets.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws provisions that would apply the laws of any other jurisdiction. The Service is controlled, operated, and administered by Outdoors Media, Inc. from within the United States. We make no representation or warranty that the Content available on the Service is appropriate or available for use at other locations outside of the United States. If you use the Service in a jurisdiction that prohibits or restricts the use of the Service, you agree that your use of the Service will be at your own risk, without limitation of any other provision of this Agreement, and that Outdoors Media, Inc. and its affiliates shall not have any liability with respect to such use. Software from this Service may be subject to United States export controls. You may not use the Service or export software from this Service in violation of United States export laws and regulations.
Dispute Resolution and Binding Arbitration.
(a) YOU AND OUTDOORS MEDIA, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE THROUGH THE SERVICE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(c) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this provision.
(d) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(e) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR OUTDOORS MEDIA, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(f) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Notices
To You. We may provide any notice to you under this Agreement by (i) sending a message to the email address you provide or (ii) by posting to the Service. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to 1402 Third Ave. North, Nashville, Tennessee 37208. We may update the address for notices to us by posting a notice on the Service. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Entire Agreement; Miscellaneous Provisions
This Agreement is the complete and entire agreement between you and Outdoors Media, Inc. and supersedes any prior agreement, whether written or oral. If for any reason any provision of this Agreement is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of Outdoors Media, Inc. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver, at the time or in the future, of that right or provision or any other right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.