Outdura Terms of Use
Last Updated: October 29th, 2024
Please read these Terms carefully before using any Outdura Website.
General
These Terms of Use (“Terms”) govern your use of outdura.com and any other website operated by Sattler Corporation or any of its subsidiaries or U.S. affiliates (collectively, “Outdura”) that links to these Terms (collectively, the “Websites”). These Terms constitute a legally binding agreement between you and Outdura regarding your use of the Websites. These Terms do not apply to your use of any third-party website, or any website operated by an Outdura affiliate or subsidiary that has a separate terms of use.
Outdura may modify these Terms at any time without notice, except where required by law. Any modified Terms will become effective immediately after they are posted. By continuing to use the Websites after a modification, you will be deemed to have consented to any changes in these Terms.
Outdura neither sells products for purchase by anyone under the age of sixteen (16) nor does it intend for the Websites to be used by anyone under the age of sixteen (16). You must be sixteen (16) years of age or older to use the Websites or participate in Outdura promotions. Each time you access the Websites for any purpose, you shall be deemed to represent, warrant, and covenant to Outdura that you: (a) are at least sixteen (16) years of age; (b) are not located in, or a national or resident of, or associated with the government of, any country that is subject to U.S. trade sanctions; and (c) are not on any U.S. prohibited party list or acting on behalf of or owned or controlled by any person or entity on any such list.
These Terms contain a dispute resolution and arbitration sections that requires you and Outdura to pursue any disputes independently and then in individual arbitration, and that each party waive their right to sue in court, including as part of a class action or representative proceeding. Please see the Arbitration and Class Action Waiver sections for more information.
Certain parts of the Websites may contain separate terms and conditions, which are in addition to these Terms. By accessing such Websites, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those parts of the Websites. You may be asked to execute supplemental agreements before you are permitted to access or use certain features or functionality (each, a “Supplemental Agreement”). In the case of Supplemental Agreements presented to you online, you authorize Outdura to rely upon “checks” or “clicks” in designated locations as your electronic signature and your agreement to the terms of such Supplemental Agreements. These Terms are in addition to any Supplemental Agreement and are not intended to supersede or modify any such Supplemental Agreement.
Privacy
Your personal information provided to the Websites and its use are subject to the Outdura Privacy Policy. If you suspect unauthorized access to Outdura’s website through any account you own or manage, notify Outdura immediately.
OUTDURA IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES THAT RESULT FROM ANY UNAUTHORIZED USE.
Intellectual Property
The Outdura name, service marks, URLs, and domain names, and any other trademarks, registered or not (collectively, “Marks”), appearing on the Websites are the property of Outdura and/or its third-party service providers. Text, images, graphics, video clips, audio clips, software applications and code, user interface design and any other materials, design, or format (collectively, the “Content”), are the intellectual property of Outdura and/or its third-party service providers. All information, material, and content accessible on or generated by the Websites are the intellectual property of Outdura and/or its third-party service providers and are protected by United States and foreign trademark, copyright, trade secret, patent, and other intellectual property laws.
Outdura grants you a personal, nontransferable, nonexclusive, limited, royalty-free, revocable license during the term of these Terms to use the Websites strictly as set forth in these Terms and in any Supplemental Agreement. Outdura reserves the right, in its sole discretion, to deny you access to the Websites, or any portion thereof, without notice and without reason. You interact with Third-Party Sites and Content (defined below) solely on your own discretion and at your own risk. If you breach these Terms, your license to use the Websites shall immediately and automatically terminate.
Submission of Feedback
Some parts of the Website allow you to submit your own comments and suggestions about the Website and Outdura’s products and services.
You agree that any information, ideas, suggestions, or materials about the Website or Outdura’s products and services that you or individuals acting on your behalf send to Outdura via the Website, including feedback, data, questions, comments, reviews, product or service ideas, know-how, or suggestions (collectively, “Feedback”), will not be considered confidential or proprietary, even if the Feedback is labeled “Confidential” or “Proprietary.”
Outdura reserves the right to screen, monitor, and remove Feedback, at any time and at its sole discretion, but Outdura has no obligation to do so.
By submitting Feedback to Outdura, you understand that you irrevocably assign to Outdura all worldwide rights, title, and interest in and to that Feedback. Outdura may, for any purpose whatsoever, reproduce, use, create derivative works, disclose, assign, and distribute Feedback to others without limitation or liability. Outdura may use any ideas, concepts, know-how or techniques in the Feedback and for any purpose whatsoever, including, but not limited to, developing and marketing products or services that incorporate or otherwise embody Feedback, without providing any notice, compensation, or attribution to you.
Notice of Copyright Infringement
If you are a copyright owner and believe that your work has been copied and posted on the Websites in a way that constitutes copyright infringement, please provide Outdura with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Websites; (iv) your name, address, telephone number, and email address; (v) a written statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on Outdura actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to:
Sattler Corporation
Attn: Data Privacy Coordinator
477 Main Street
Hudson, NC 28638
If you wish to make any use of Content other than as authorized in this section, please contact Outdura at the following email address: [email protected].
Acceptable Use
You may use the Websites only for lawful purposes in accordance with these Terms. You may print out a copy of the Content only for your own personal, noncommercial purposes.
Access to and use of password-protected and/or secure areas of the Websites are restricted to authorized users only. Unauthorized persons attempting to access these areas of the Websites may be subject to legal action.
Conditional Use
You agree not to engage in any of the following during your use of Outdura’s Websites without Outdura’s express written permission, which may be withheld or withdrawn in Outdura’s sole discretion:
Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Websites or any portion of the Websites, other than via software that sends queries to the Websites to index or rank a website for search and location purposes;
Link to Outdura’s homepage, provided you do so in a way that is fair and legal and does not damage Outdura’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Outdura’s part;
Engage in actions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law, including, but not limited to, use of Outdura intellectual property, name, or logo, including use of Outdura’s trade or service marks, or in a manner that otherwise harms Outdura’s brand; or
Modify, obstruct, alter, remove, or otherwise interfere with any of the Marks and Content on the Websites.
Prohibited Use
You agree not to engage in any of the following during your use of Outdura’s Websites:
Violate any intellectual property rights, federal, state, local, or international law, ordinance, or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Websites, other than the search engines and search agents available through the Websites and other than generally available third-party web browsers;
Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Websites;
Perform any action that implies an untrue endorsement by or affiliation with Outdura, including impersonation of an Outdura employee, representative, or another user or person (including, without limitation, by using email addresses associated with any of the foregoing);
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Websites;
Transmit anything that is obscene, dangerous, threatening, harassing, abusive, hateful, or embarrassing, as determined by Outdura in its sole discretion;
Transmit anything that encourages another user to breach these Terms;
Transmit any personal information or commercial content that is not your own or that you do not have a legal right to;
Attempt to advertise, solicit, or otherwise encourage the collection or posting of personal information by other users;
Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, as determined in Outdura’s sole discretion;
Engage in any conduct, as determined by Outdura in its sole discretion, that restricts or inhibits anyone’s use or enjoyment of the Website, or which may expose Outdura, its suppliers, or any other user of the Website, to any liability.
Third-Party Sites and Content
Any Content included from or links to websites owned or operated by a third party (“Third-Party Sites” and “Third-Party Content”) are for your convenience and informational purposes only and do not constitute or imply Outdura’s endorsement, sponsorship, or recommendation of the third parties or their products, services, or websites. Outdura does not monitor or control the Third-Party Content of any Third-Party Site linked to or from the Websites, which are governed by their own terms of use, acceptable use, and privacy policies. Outdura is not liable for any damages incurred as a result of clicking on a link to any Third-Party Sites or relying, in any capacity, on the Third-Party Content of those websites. Links to any Website may be made only with the written permission of Outdura.
Termination
Outdura may modify, suspend, or terminate any part of the Websites, at any time, without notice. These Terms shall apply until terminated by Outdura. Upon termination, Outdura will retain your personal information in accordance with the Outdura Privacy Policy and as required by applicable law, rules, or regulations. If you breach these Terms, your license to use the Websites shall immediately and automatically terminate.
Outdura reserves the right to terminate these Terms with you, with notice of such termination, if:
You breach any provision of these Terms (or have acted in a manner that demonstrates, in Outdura’s sole opinion, you do not intend to or are unable to comply with these Terms);
Outdura reasonably believes it is required by law;
Outdura no longer offers the service(s) you use;
You no longer agree to these Terms; or
Outdura chooses to do so, in its sole discretion, for any or no reason.
You understand that your Feedback may remain on the Websites even after termination of these Terms, subject to a request for removal or deletion under applicable laws. These Terms shall survive termination to the extent necessary for the enforcement of Outdura’s rights and your obligations herein.
Governing Law and Venue
These Terms and any Website, product, or service provided under them will be governed by the laws of the State of North Carolina, without regard to its conflicts of law provisions, and shall insure to the benefit of Outdura’s successors and assigns, whether by merger, consolidation, or otherwise. Except as otherwise provided in the Arbitration Section, you hereby agree that all legal proceedings shall be brought in, and you irrevocably consent to submit to the jurisdiction and venue of, the state courts of Caldwell County, North Carolina, and the federal courts of the Western District of North Carolina.
You acknowledge and agree that because the breach of these Terms would result in immediate and irreparable injury to Outdura, Outdura shall be entitled, without limitation of remedy, to (i) temporary and permanent injunctive and other equitable relief restraining you from activities constituting a violation, breach, or threatened breach of these Terms to the fullest extent allowed by law, and (ii) all such other remedies available at law or in equity, including, without limitation, the recovery of damages.
Dispute Resolution
Except where and to the extent prohibited by law, by using the Websites, you and Outdura agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Websites or the breach, enforcement, interpretation, or validity of this Terms of Use or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Both you and Outdura agree that this dispute resolution procedure is a condition precedent that must be satisfied before filing any demand for arbitration against the other party.
Arbitration
To the fullest extent permitted by law of the applicable jurisdiction, any dispute, claim, or controversy arising from the access and use of the Websites or these Terms, including the interpretation of this Arbitration Section, that cannot be resolved by the above dispute resolution procedure, SHALL BE RESOLVED SOLELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any arbitration shall be governed by the Rules of Arbitration of the American Arbitration Association and shall take place in Hickory, North Carolina, unless both parties agree in writing to a different location.
Class Action Waiver
YOU AND OUTDURA EACH FURTHER AGREE THAT EACH IS WAIVING THEIR RIGHT TO SUE EACH OTHER IN COURT, INCLUDING TO A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION. You and Outdura agree that each may bring claims against the other only in your or its individual capacity, and not as a representative or part of any class or consolidated action or proceeding. If the dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
Indemnification
You agree to defend, indemnify, and hold harmless Outdura’s officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Indemnitees”) from and against any and all claims, liabilities, damages, awards, losses, costs, or fees (including reasonable attorneys’ fees) arising out of or relating to your access to and use of the Websites and Feedback you transmit through the Websites, infringement of any intellectual property rights, or your violation of these Terms (collectively, “Claims”). Outdura reserves the right, in Outdura’s sole discretion and at Outdura’s own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Outdura in the defense of any Claims and in any event may not settle any Claims without Outdura’s prior written consent.
Disclaimer of Warranties
ALL OF THE WEBSITES AND THE CONTENT CONTAINED THEREIN, INCLUSIVE OF ANY THIRD-PARTY CONTENT, ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Outdura disclaims any duty to update the Websites or to correct any errors and it is your responsibility to evaluate the timeliness, quality, accuracy, reliability, availability, and completeness of any information and material, including Third-Party Content, contained on the Websites. Outdura does not warrant or guarantee that the Websites will be error-free, virus-free, or that access to the Websites will be uninterrupted, or that the platform, its servers, or the Content are free of destructive features. If you download or otherwise obtain any material from the Websites, you do so solely at your own discretion and risk, and you will be solely responsible for any damages to your computing system or any loss of data that results from downloading or otherwise obtaining that material. You assume all responsibility and risk of loss resulting from your use of the Websites.
Limitation of Liability
IN NO EVENT WILL OUTDURA, INDEMNITEES, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE WEBSITES (COLLECTIVELY, THE “SERVICE PROVIDERS”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES MEASURED BY LOST PROFITS AND/OR ANY OTHER INTANGIBLE OR SPECULATIVE LOSS, ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITES, INCLUDING, WITHOUT LIMITATION, OMISSIONS OR INACCURACIES IN THE CONTENT, UNAUTHORIZED ACCESS, FORCE MAJEURE, OR ANY FAILURE OF PERFORMANCE, EVEN IF THE DAMAGES WERE FORESEEABLE OR ANY OF THE SERVICE PROVIDERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusion of certain warranties or limitations of certain liabilities. Accordingly, if some of the above provisions do not apply to you, whether by statute or legal action, then you expressly agree that these Disclaimer of Warranties and Limitation of Liabilities sections will be construed to apply to the maximum extent permitted by law. In no event shall Outdura’s total, aggregate liability for any cause of action of any kind – whether in contract, tort, (including, but not limited to, negligence), strict liability or otherwise, even if it is foreseeable – exceed $100.
Assignment
You may not assign or otherwise transfer ownership of your rights and obligations under these Terms, by operation of law or otherwise, without the prior written consent of Outdura. Outdura may freely assign, transfer and delegate these Terms or any rights and/or obligations hereunder without your consent. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venture of the other.
Electronic Communications
You consent to receive communications from Outdura electronically. Outdura will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Outdura provides to you electronically satisfy any legal requirement that such communications be in writing. If you wish to opt out of receiving the newsletter or promotional materials via electronic communication, please see the How We Use Personal Information: Email Choicessection of the Outdura Privacy Policy.
Entire Agreement and Severability
These Terms, including the Outdura Privacy Policy and any other document referred to in these Terms, represent the entire agreement between Outdura and you relating to the subject matter herein. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. The failure of Outdura to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any rights hereunder. Outdura reserves all rights not expressly described in these Terms.
Section Headings
Section headings in these Terms are for convenience or reference only and shall not govern the interpretation of any provision of these Terms.
Notices
If you have any questions regarding the Websites or these Terms, please contact Outdura at:
Sattler Corporation
Attn: Data Privacy Coordinator
447 Main Street
Hudson, NC 28638
or email us at: [email protected].