Effective Date: August 1, 2021
1. Structure of the TermsOutside is proud to offer a broad spectrum of active lifestyle content and experiences. These terms apply to your use of and interaction with those Services. Sections 2-13 address our universal terms, and Appendix A contains additional product and service-specific terms.
2.1 Modification of the Services. We reserve the right to modify the Services at any time with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you do not like any changes, you can stop using the Services at any time.
3. Accounts & Subscriptions; Payments
3.1 Registration. If you register to use the Services or download one of our applications, we may require you to create an account password in order to make purchases, subscribe to our services, or use certain features on the Services. You must be at least 18 years or older to independently register as a user and create an account. If you are between the ages of 13-18, you may use some Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to Outside, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).
To create an account, you must provide truthful and accurate information. Do not impersonate anyone else when you create your account. If your registration information changes at any time, you agree to update your account to reflect those changes.
3.2 Account Security. You may not share your account with anyone else. Please keep your account password confidential, and try not to use the same password on other websites. You are solely responsible for all activities, including payments, that occur using your account. If you believe that your account has been compromised at any time, please contact us. You are responsible for maintaining the confidentiality of all actions that take place within your account. We are not responsible for any loss that results from any unauthorized use of your username and password.
3.5 Notice of Auto Renewal. To provide continuous service to paid subscribers who purchase a Subscription, unless otherwise stated, we automatically renew your Subscription. The renewal term is usually the same duration as the original Subscription term (for example, a one-month Subscription will renew on a monthly basis and a one-year Subscription will renew on an annual basis). By making a Subscription purchase on the Services, you acknowledge that your account will be subject to the above-described automatic renewals. At any time, if you do not wish your account to renew automatically or if you wish to cancel your Subscription at any time, more information can be found here. Please note that your paid Subscription may be interrupted as a result of a canceled or expired payment card or other payment method. It is your responsibility to keep your payment card or payment method details up to date to continue accessing the Services.
3.6 Effect of Cancellation. When you cancel your Subscription, your Subscription will remain active until the end of the Subscription term but will not renew. Your registration account will remain active when you cancel your paid Subscription.
3.7 Payments. All payments related to your Subscription or other purchases made from your registration account must be made from a payment method on which you are the named account holder (the “Payment Method”). Unless otherwise stated, all fees due for the Subscription(s) are payable in advance, and will be billed automatically to the Payment Method. You agree that we will not be liable for any loss caused by any unauthorized use of your payment card or any other method of payment by a third party in connection with the Services. Any attempt to defraud the Company through the use of payment cards or other payment methods will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We are entitled to inform relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
3.9 Fee Changes. The Company reserves the right to increase Subscription fees or to institute new fees at any time with reasonable advance notice. If you do not wish to pay the new prices, you can cancel your Subscription prior to the change becoming effective.
3.10 Discounts. Where applicable, to redeem a discount or coupon code, enter the applicable code before you make your payment. All valid discounts or coupon codes can be applied when subscribing to paid Subscription services. Active accounts are not eligible for discounts or coupon redemptions. Discount and coupon codes cannot be combined with any other promotion, or exchanged, refunded or redeemed for cash. A payment method may be required to redeem a discount or coupon code. It is your responsibility to use a discount or coupon code before it expires. The terms and conditions of a specific discount or coupon code may include additional restrictions on its use.
3.11 Restrictions on Purchases. We may offer opportunities to purchase products via the Services. Certain products may have limited quantities. We reserve the right to refuse any order you place, limit quantities purchased per person, per household, or per order, or cancel orders that you place. In the event that we make a change to or cancel your order, we may attempt to contact you using the contact information you provided when you placed your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, dealers or other commercial entities.
3.12 Refunds (Third Party Services). If you or an event organizer uses the Services to facilitate certain transactions, please be aware that we cannot provide refunds on behalf of event organizers. Please contact customer service for the event or organization with whom you are transacting for assistance. Our service or processing charges are non-refundable.
4. Limitations on Use of the Services
5. Ownership and Use of Content; User Submissions; Acceptable Use
5.6 Acceptable Use Policy. When you post, upload, or submit User Generated Content to the Services, or otherwise when you use the Services, you agree that you will not (and will not permit any third party to):
• Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity;• Violate, or intentionally or unintentionally promote any activity that would violate, applicable law.• Submit or upload content that is false, misleading, untruthful, threatening, unlawful, harassing, defamatory, libelous, deceptive, abusive, fraudulent, invasive of another person’s privacy, tortious, obscene, pornographic, offensive, profane, or otherwise inappropriate;• Submit or upload content for any commercial purpose or for unauthorized or unsolicited advertising purposes;• Impersonate any person or entity or otherwise misrepresent your identity or affiliation; or• Use automated means to submit content to the Services.
5.7 Indemnification for User Generated Content. You agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of any User Generated Content.
5.9 User Generated Content Disclaimer. We are not responsible for, and do not endorse, User Generated Content. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any User Generated Content posted by another person.
5.10 Outside Content Disclaimer. We make no representations as to the accuracy, reliability or completeness of any Outside Content that is published on or made available through the Services, and we make no commitment to update such Content.
5.11 Feedback and Unsolicited Material. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any compensation or obligation to you.
6. Trademark & Copyright Restrictions
6.1 Outside Rights. All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of Outside and/or of third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.
6.2 Copyright Violations. If you believe any information on the Services infringes your copyrights or applicable law, please contact with the following information:• a description of the copyrighted work that you claim has been infringed;• a description of where the material that you claim is infringing is located on the website;• your email address or other contact information that is sufficient for us to contact you;• a statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law;• a statement by you that the above information in your notice to Outside is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Notices should be directed to: email@example.com or by mail at:Outside Interactive, Inc.5720 Flatiron ParkwayBoulder, CO 80301Attention: Legal Department
7. Service Features
7.2 Mobile Features. You are responsible for making all arrangements necessary to access the Services. For example, access to the Services, including any mobile app, may require the use of certain mobile devices or a wireless data service. You may incur charges from your wireless provider when you use the mobile app. We may update the app at our discretion. If you accept these updates, you agree to pay for any costs associated with receiving them. Outside makes no representations that the app will be compatible with your device or wireless data service.
8. Warranties and Disclaimers
BY USING THE SERVICES, YOU EXPRESSLY AGREE THAT: (A) THE COMPANY IS NOT PROVIDING HEALTH OR MEDICAL ADVICE VIA THE SERVICES; (B) YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR ACTIVITIES, INCLUDING ATHLETIC ACTIVITIES; AND (C) OUTSIDE DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY ORGANIZED OR PROMOTED ON THE SERVICES OR BY OUTSIDE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTSIDE IS NOT RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INJURY, ILLNESS, OR DAMAGES SUSTAINED FROM YOUR USE OF, OR INABILITY TO USE, ANY SERVICES OR FEATURES OF THE SERVICES, INCLUDING ANY CONTENT OR ACTIVITIES YOU ACCESS OR LEARN ABOUT THROUGH THE SERVICES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF OUTSIDE OR OTHERS. IF YOU CHOOSE TO PARTICIPATE IN ANY PROGRAMS, SERVICES OR ACTIVITIES ORGANIZED OR PROMOTED ON THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE CONSULTED WITH YOUR PHYSICIAN BEFORE ENGAGING IN ANY ACTIVITIES OR MAKING ANY NUTRITIONAL DECISIONS BASED ON THE CONTENT OF OUR WEBSITES AND/OR APPLICATIONS.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
If you are a resident of Germany:Our statutory liability for intent, gross negligence, personal injury, breaches of a guarantee (which must be expressly designated as such in order to be a guarantee in the legal sense) and under the German Product Liability Act is unlimited.
In cases other than those described in the previous paragraph, our liability for slight negligence is limited to breaches of essential contractual obligations. Essential contractual obligations are obligations that must be performed in order to achieve the purpose of a contract in the first place, and on the performance of which you may therefore generally rely. Our liability for such breaches of essential contractual obligations under this paragraph is limited to damages that are typical of the type of contract and foreseeable at the time the contract is concluded.
If you are a resident of the United States:
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or videoconference, unless an in-person hearing is requested by either party. In that case, the hearing will take place in the state where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that notwithstanding our agreement to only arbitrate disputes as stated above, you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Denver, Colorado, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and Outside agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and Outside waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Outside may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
This agreement to arbitrate will not preclude you or Outside from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Outside from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Outside’s intellectual property rights.
11. Email and Text Communications
11.1 Electronic Communications. You agree that all communications related to your use of the Services will be sent electronically and that such communications satisfy any legal requirement that such communications be in writing. All notices from the Company to you shall be deemed delivered and effective when sent to the e-mail address you provide to us. If you opt in to receive promotional emails, you will be able to later opt-out by following the instructions provided in those emails. You cannot however opt out of communications that are related to your use of the services available on the Services.
11.2 Notices. When you use the Services or send communications to us via the Services, you are communicating with us electronically. Similarly, you consent to receive, from us electronically, communications related to your use of the Services. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company to you will be deemed delivered and effective when sent to the e-mail address you provide to us.
13. Additional Details
13.1 Additional Features. Certain features on the Services may be subject to separate terms, which will be presented in conjunction with those features. Your use of those features will be governed by those separate terms.
13.2 Third-Party Links & Ads. The Services may contain links to third-party websites. That doesn’t mean that we control or endorse those websites or any goods or services sold on those websites. Similarly, the Services may contain ads from third parties. We do not control or endorse any products being advertised.
13.7 California Notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
13.8 Contact Us. If you have any feedback, questions or comments about the Services, please contact our Support Team here or direct your communication to us by mail at: Outside Interactive Inc., 5720 Flatiron Parkway, Boulder CO, 80301.
Last updated: August 1, 2021
APPENDIX AProduct and Service Specific Terms
1.2 Third Party Services. The athleteReg service is set up to facilitate on-line registrations, membership purchases and renewals, merchandise purchases and other specified transactions. Your transaction is also subject to terms and conditions as set forth by any third party organizations involved in such processes. WE FACILITATE ON-LINE COMMERCE ON BEHALF OF ORGANIZATIONS IN WHICH WE ARE NOT AFFILIATED. WE UNDERTAKE TO MAKE IT VERY CLEAR AT EACH PURCHASE POINT ON OUR WEBSITES EXACTLY FROM WHOM YOU ARE MAKING ANY PURCHASES. WE DO NOT OPERATE AS A REPRESENTATIVE FOR ANY ORGANIZATIONS AND SERVE SOLELY AS AN INDEPENDENT CONTRACTOR FOR THE PURPOSE OF FACILITATING SUCH ONLINE TRANSACTIONS. In addition, you may order services or merchandise through the Outside Websites from other persons not affiliated with Outside or athleteReg (“Seller”). For example, you may choose to register for a sporting event and purchase event-related merchandise on an athleteReg Website. All matters concerning the merchandise and services ordered from a Seller, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Outside and athleteReg make no warranties or representations whatsoever with regard to any goods or services provided by Sellers, and will not be construed as a party to such transactions, whether or not Outside and/or athleteReg may have received revenue or other remuneration in connection with the transaction. You agree that Outside and/or athleteReg will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
2.1 Shipping and Risk of Loss. Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Cairn within thirty (30) days of the date of your shipment if you believe all or part of your order is missing or damaged. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation; postal-service verification of delivery may be deemed proof of the same in Cairn’s sole discretion. We will adjust your account at our sole discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
2.2 Returns and Exchanges. If a product is defective, you may return it and we may, at our sole discretion, send you a new item or credit your account. To request a refund, please contact us at firstname.lastname@example.org. When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address as displayed on the website. Please note credits resulting from the monthly charge are only available up to thirty (30) days past the date of the shipment. Refunds are at the sole discretion of Cairn.
2.3 Gifts. The purchase of a Cairn multi-month gift cannot be redeemed for cash, cannot be resold and is otherwise non-transferable. Gifts are one-time transactions and are not automatically renewed at the end of their period.
2.4 Referrals. To refer a friend, start by creating an account on our website (no purchase necessary). After creating your account, visit the “Refer-A-Friend” page of the website under your account details. You will be presented with your unique referral code. Share this with as many people as you’d like. You and the person you refer will each receive $10 off a subscription when such code is used.
2.5 Points. Cairn offers a Points program which can be accessed by creating an account on our website (no purchase necessary), and then visiting the “Points” page of the website under your account details. There are several ways to earn points, as outlined on the Points page. There is no limit to the number of points you can earn. Points are subject to cancelation for a customer without an active subscription who has 3-months without any point activity.
2.6 Cancelations/Refunds. Cairn does not offer any refunds for previous purchases, including for products not yet shipped as of the cancelation date. Should you choose to cancel your membership via our website’s Cancelation button, such cancelation shall only be effective with respect to future renewals.
3.1 Order Acceptance. A binding offer is made once the user places an order via the online form, in writing or over the telephone specifying the size and the number of the desired photos and/or personalized products (hereinafter, “Merchandise”). FinisherPix will accept this offer either by sending an e-mail confirmation or by delivering the ordered merchandise.
3.2 Prices. The Merchandise will be supplied at the prices valid on the day on which the contract is concluded and indicated on the website of FinisherPix. The final price is composed of the order value and all applicable shipping charges and/or taxes.
3.2.1 International Pricing Terms. The prices include the respectively applicable statutory VAT. If the Merchandise is sent to countries outside the EU, additional clearance charges and/or taxes which are outside the control of FinisherPix may be incurred. Any such clearance charges and/or taxes are to be paid by the purchaser.
3.3 Shipping and Risk of Loss. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify FinisherPix within thirty (30) days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Merchandise and credits to your account for shipped Merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our sole discretion. Repeated claims of undelivered Merchandise may result in the cancellation of your membership.
3.4 Exchanges and Refunds. Except with respect to defective Merchandise, we cannot accept returns or exchanges. All sales are final. Subject to Section 2.6, Merchandise is considered defective if it does not meet the technical standard for digital photo and image processing. The purchaser will have to give notice of any patent defects of the delivered merchandise immediately upon delivery. In the event of a justified complaint, FinisherPix may at first make a substitute delivery. If such a substitute delivery should be impossible or fail, the purchaser will be entitled to demand a refund or a reduction of the purchase price. If the purchaser elects a refund, all applicable Merchandise must be returned to: Finisherpix, 5720 Flatiron Parkway, Boulder, CO 80301. The forwarding charges will be assumed by FinisherPix.
3.5 Ownership and License. The copyright on all photos taken well as all intellectual property rights, publishing rights, and utilization rights remain exclusively with Outside. The purchase of a picture does not involve the explicit or implicit cessation of any rights. Subject to your compliance with these terms and your payment of any applicable fees, FinisherPix grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the purchased Merchandise. This license does not include any resale or commercial use of the Merchandise. Any publication or other commercial use of the purchased pictures requires the previous written permission of FinisherPix.
3.6 Reproduction Disclaimer. Purchaser is aware of the fact that due to the diversity of electronic display devices it is impossible to reproduce the photos absolutely true to the original. Therefore the electronic pictures can only convey an approximate impression of the original picture. The original pictures may in some cases differ significantly from the electronic sample in terms of sharpness, richness of detail, contrast, and color. The reduced size, the inevitable screening, and the limitation to a web-compatible grey and color scale can change the impression of sharpness. Furthermore features such as the granularity of the film cannot be depicted in the samples.
4. GAIA GPSPlease see Gaia GPS’s Pricing Terms at gaiagps.com/member, gaiagps.com/premium, or gaiagps.com/team (depending on which is applicable to your subscription) for details regarding pricing for the Services.
5. VELO PRESS
5.1 Preorders. Books that are preordered from Velopress.com often arrive before they are available anywhere else. Customers who preorder a book will be charged for the book when they place their order. Books for which we are accepting preorders will include a red text note on the book’s page that shows the time frame during which we believe the book will ship. The actual shipping date may change due to weather, freight delays, warehousing issues, etc. If a book’s shipping date changes substantially, VeloPress will e-mail customers who preordered the book to give them an opportunity to cancel their order for a refund.
5.2 VeloPressOrder Cancellation and Refunds. VeloPress reserves the right to cancel orders, coupons, sales, and special offers in exchange for a refund at any time, for any reason, and without prior notice. We will notify customers as soon as possible to explain the reason for cancellation and to notify them about their refund. We will process the refund to the credit card used to place your order. VeloPress is careful to remove products from sale when inventory is low, yet it is possible that our website may outsell current inventory.
5.3 Shipping and Risk of Loss. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify us within thirty (30) days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of merchandise and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our sole discretion. Repeated claims of undelivered Merchandise may result in the cancellation of your membership.
5.4 International Orders. Except as related to E-books (see Section 5.8 below) International orders are currently unavailable. Please check back soon.
5.5 Customer Exchanges and Returns. VeloPress will accept returns under the following conditions:• If the book was purchased from VeloPress.com. We cannot refund purchases from other retailers. If you bought the book from a third party retailer, please check the customer service and/or return policies of the retailer who sold you the book in question.• Within thirty (30) days of placing your order, you must email email@example.com to let us know that you’d like to make a return.• Items sold from VeloPress.com below the suggested retail price are final sale. Please email firstname.lastname@example.org to confirm whether this is the case if you are unsure.• We must receive the returned book in new, resellable condition. We will decline to refund or exchange books that show visible wear and tear. Pack and ship your books carefully or we may return the book to you and decline your refund.• VeloPress is not responsible for returned books lost in shipment or mailed with inadequate postage.
To return your purchase for a refund, please print your order confirmation, mark it either “Return for Refund” or “Exchange” and send it to:VeloPressReturns/Exchanges5720 Flatiron ParkwayBoulder, CO 80301
Returns for refund will be reimbursed to your original payment method within fourteen (14) days of our acceptance of your returned purchase.All exchanges will be mailed to you via U.S. Postal Service Media Mail to the “Ship to” address on your original order confirmation. Exchanges may take up for fourteen (14) days to process.
5.7 Defective Books. VeloPress will exchange physically defective books, but we do not offer refunds for defective books purchased from other retailers. We do not consider minor typos to make a book defective and we will post downloadable corrected pages when we deem it necessary. Books that have been subject to normal wear and tear are not considered defective. If you have recently purchased a defective VeloPress book and would like to exchange it, please email us to describe the problem. We will often ask you to provide a digital photo that shows the problem so we may avoid it in the future. If we agree your book is defective, we will provide instructions to arrange an exchange.
5.8 E-books. VeloPress releases e-book editions of many books to over 40 countries through 35 retailers and our print books may be ordered from retailers in your country through our international distributors. See the VeloPress E-book FAQs here.