Terms & Conditions
Welcome to OUT.zone. The website out.zone is the property of OUT LLC organised under the laws of the State of Oregon, USA, and operating under the laws of the USA.
Please carefully read the following Terms of Use before using the OUT.zone website (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the beginning of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site. Throughout the Site, the terms “we,” “us,” and “our” refer to OUT.zone.
LICENSE AND ACCESS. OUT.zone grants you a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable license to access, view, use and display the Site on your computer or other device and make personal, non-commercial use for the purpose of shopping for items for personal use sold on OUT.zone and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance and in our sole discretion.
No part of the Sites or Site Content (or any of our products advertised or sold on the Sites) may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent or that of the applicable rights owner.
YOUR ACCOUNT. Using certain features on the Sites may require creating an account (“Account”) and submitting personal information (including creative a username and password used to access the account). You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and all activities that occur under your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You shall immediately notify us of any actual or suspected unauthorized use of your password or OUT.zone account. OUT.zone does not sell products or services to children, but we do sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the OUT.zone Site only with involvement and permission of a parent or guardian.We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Sites for any reason.
ELECTRONIC COMMUNICATIONS. When you use OUT.zone Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including marketing communications, unless you have opted-out where applicable) from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other OUT.zone Site. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
ORDERS. We reserve the right to refuse any order you place through the Sites. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. By purchasing from the Sites, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to operate our fraud prevention program, to collect on any unpaid debt and to obtain credit card authorization. Product availability on the Sites is not guaranteed as products may be low in stock or out of stock when an order is completed. Prices displayed on OUT.zone are quoted in USD.
COPYRIGHT & TRADEMARKS. All content included in or made available through any OUT.zone Service, such as text, graphics, logos, button icons, images, audio, video, and software is the property of OUT.zone or its content suppliers; and the compilation of all content included in or made available through any OUT.zone Service is the exclusive property of OUT.zone and is protected by United States and international copyright laws, as applicable. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any OUT.zone Service are trademarks or trade dress of OUT.zone in the U.S. and other countries. The use of any of our intellectual property without our express written consent is strictly prohibited. OUT.zone trademarks, trade dress and other intellectual property may not be used in connection with any product or service that is not OUT.zone, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OUT.zone. All other trademarks not owned by OUT.zone that appear in any OUT.zone Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OUT.zone. You may not use any of our trademarks or service marks in meta tags without our prior explicit consent.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless OUT.zone and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. OUT.zone reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with OUT.zone in the defense of such matter.
RISK OF LOSS, RETURNS/REFUNDS & TITLE. The risk of loss and title for items purchased by you from OUT.zone pass to you upon our delivery of the items to the carrier. Conversely, we do not take title to returned items until the item is received at our fulfillment center. You are responsible for reviewing the contents of your returns prior to shipment back to us. We are not responsible for any additional items that might accompany your returned items. Any such items are subject to destruction, and we have no obligation to return them to you.
PRODUCT DESCRIPTIONS, TYPOGRAPHICAL ERRORS AND SITE CONTENT. OUT.zone does not warrant that product descriptions are 100% accurate, complete, reliable, current, or error-free. If a product offered by OUT.zone is not as described, your sole remedy against us is to return it in unused condition and request a refund for such item. In the event a product or service is listed at an incorrect price or with incorrect information (due to typographical error or error in pricing or product information received from our suppliers), we shall have the right to refuse or cancel any orders placed for such product or service. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.
Content provided on OUT.zone is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or before engaging in any physical activity using our products or services.
TERMINATION. We may terminate, change, suspend, restrict or discontinue any aspect of the Sites at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or termination of your Site use privileges. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Sites and Site Content, and anything connected with, relating to or arising therefrom.
DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. OUT.zone EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUT.zone OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. OUT.zone DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OUT.zone NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OUT.zone’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF OUT.zone, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER OUT.zone NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH OUT.zone IS TO DISCONTINUE YOUR USE OF THE SITE.
MODIFICATION & SEVERABILITY. We reserve the right to make changes to our websites, policies, Service Terms, and these Conditions of Use at any time and without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.