Outdorsio LLC (“Outdorsio”) provides access to a marketplace for the sale of Outdoor Gear and Apparel. These Terms and Conditions of Use govern Your access to, and use as an end user of our websites, Mobile Applications, or Online Services (the “Services”). You agree to be bound by these Terms and Conditions and all terms incorporated by reference. Do not use our website, mobile application, or online services if you do not agree to all of these terms.
To sell or buy gear on Outdorsio, potential sellers and buyers must register. Registering to participate implies acceptance of these Terms and Conditions. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim user accounts on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
Age: You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Outdorsio or the Services. You are responsible for all account activity conducted by a minor on your account.
Username: When registering you may select any username available so long as the name is appropriate. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates these Terms and Conditions of Use.
Except as otherwise indicated, all content and materials associated with our services, including but not limited to Outdorsio logos and all designs, text, graphics, pictures, information, data, software, digital files, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Outdorsio or our licensors, suppliers or users and are protected by United States and international copyright laws. Your use of the Services is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in this Terms and Conditions of Use agreement. Outdorsio grants you a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of the Services for your own exclusive benefit and solely for the purposes intended by the Services.
BUYING AND SELLING
Buyers: You are solely responsible for reading and reviewing the Item listing before bartering or purchasing. You enter a legally binding contract with the seller to purchase an item when you commit to buy an item or your offer for an item is accepted.
To help protect against fraud and the falsification of gear, buyers have 72 hours to inspect the item under the Buyer Inspection Guarantee. Unless stated otherwise, Outdorsio allows returns if the item was misrepresented on the website, in size, color, condition, If the item arrived damaged, or not as described. Once your item has been delivered, buyers have 72 hours to contact Outdorsio to initiate a return. If you received an item that was misrepresented, please send us an email right away to [email protected] Outdorsio mediates all returns between Buyer and Seller.
Buyer protection is not available to buyers which we deem to be involved in fraudulent activities, for example acting as both buyer and seller or is using a stolen payment method.
Sellers: You agree that You have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely. You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Outdorsio has no responsibility or liability for the safety or performance of any product that you list or sell using our Services.
Since Outdorsio collects payment from the buyer, sellers are guaranteed payment on completed transactions. You are responsible for entering in a valid tracking number from a reputable shipping company (UPS, FedEX, UPS) that confirms delivery to the correct address. If there is a fraudulent purchase, we will make every effort to recover your goods or ensure payment. This seller protection is not available for sellers in which we deem to be involved in fraudulent activities, for example acting as both buyer and seller.
Our policies don’t cover items bought or sold outside of our site. If you buy or sell items outside of Outdorsio, we won’t protect you against fraud.
Fees: Registering for the Service is free. When an item sells, Outdorsio charges a flat 10% Commission on the sale of goods. This commission is not applied to Tax or Shipping Costs and is only calculated on the Item Selling Price. All amounts are quoted in US dollars unless otherwise stated.
Purchased items may be subject to applicable taxes in your jurisdiction, which Outdorsio will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and Outdorsio is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price for Items but will be displayed before confirmation of purchase. The collection of taxes is based on several factors, including product price, destination of shipment, and state, local, federal, or other applicable rates at time of purchase. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item, which can include shipping and handling fees. Although we may assess taxes upon purchase or sale, You are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Outdorsio does not collect taxes on your behalf.
We collect taxes in the following states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wisconsin, Wyoming
Outdorsio prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation.
Counterfeit items are not allowed to be listed and sold on Outdorsio. Items that bear a company’s official brand name or logo can be listed if the products were lawfully made by that company. Counterfeit items may include items that are fakes, copies, or replicas of brand name items (Example: a jacket bearing the Patagonia name or logo that was not made by Patagonia).
Sellers are responsible for ensuring the authenticity of an item. If a buyer believes that the item they purchased is counterfeit, the buyer should contact Outdorsio Customer Service immediately at [email protected] We may ask the buyer to send a description or pictures of the item so we can conduct a review.
If after reviewing an item we cannot confirm its authenticity, we reserve the right to cancel the order. If we reasonably believe an item to be counterfeit, we will provide a refund for the full cost of the item and any accompanying shipping costs to the buyer and the seller will not receive earnings from the transaction. Sellers acknowledge and agree that if an item in question is deemed counterfeit, we shall ensure disposal of the item at our discretion.
If we are unable to reasonably determine that an item under dispute is counterfeit, we may have it sent back to the seller and we will provide the buyer a refund for the full cost of the item and any accompanying shipping costs immediately. The seller will not receive any earnings from the transaction.
SHIPPING PURCHASED ITEMS
As a seller, you agree to ship sold items to the buyer within 5 business days. Failure to ship orders may result in a detrimental seller rating and possible account suspension. Outdorsio will not pay you for your sold item until a valid tracking or delivery confirmation number is entered into the recently sold items section of the seller dashboard. If you enter a false tracking number, Outdorsio will not pay you for the item sold until the buyer receives verification that the item was shipped. If you ship an item via US Postal Service, you must request a delivery confirmation number, as they are not issued automatically. Some shipping options involve reimbursement to sellers for shipping costs. To be reimbursed for shipping costs, you must ship the item according to the shipping method you have chosen. If you ship an item by a method different from that which you previously selected, you will not be properly reimbursed for shipping costs.
Outdorsio will not be held responsible for fluctuations in the cost of shipping, and you will not be reimbursed for discrepancies between calculated shipping costs, listed shipping costs, and actual shipping costs. Outdorsio does not include shipping costs when calculating commissions.
Merchandise pricing on Outdorsio is stated in U.S. dollars, unless otherwise indicated, net of applicable taxes and shipping charges, if any. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.
Sellers are responsible for setting the price for their gear when not using the consignment service. Non-Consignment Sellers are responsible for the cost of shipping and product commission and should take those costs into consideration when setting the price for their gear and apparel. Outdorsio reserves the right to change its shipping policies and commissions at any time.
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling, and any other amounts described on the Sites) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Services. You also agree to abide by any rules or policies governing your use of our Services and that you will not:
As Users of Our Services, all information, including Product Content, Item Listings, Questions, Messages, Offers, Purchases, Sales, etc. that You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the Outdorsio Services.
By posting or otherwise transmitting any User Content you hereby grant Outdorsio and its affiliated companies a nonexclusive, worldwide, royalty free, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use in any manner your User Content in connection with the operation of the Outdorsio Services, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. This includes without limitation publishing your User Content on the Internet or on Third Party Services such as social media platforms, blogs, or media outlets, and allowing other users to share product listings that include your User Content. You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Outdorsio does not control the Content provided by users that is made available on Outdorsio and is not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content and may remove or delete all or any portion of the Content at any time.
You understand that Outdorsio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Outdorsio. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive any legal or equitable rights or remedies You have or may have against Outdorsio. Any and all Content You upload is not considered confidential by Outdorsio, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in Outdorsio’s sole discretion, and Outdorsio has no control or liability over what other users do with your Content. You understand and agree that Outdorsio will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service, provided by you to Outdorsio are non-confidential and Outdorsio shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.
You agree not to post, upload, transmit, distribute, store, create or otherwise publish on or through the Outdorsio Services any:
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.
DISCLAIMER OF WARRANTIES
Outdorsio tries to keep its Services safe, secure, and functioning properly, but Outdorsio cannot guarantee the continuous operation of or access to our Services. Listing Changes, Price Changes, Ask a Question, and other notification functionality on Outdorsio may not occur in real time. Such functionality is subject to delays beyond Outdorsio’s control.
Except as expressly provided to the contrary in writing by Outdorsio, the Services and all merchandise and/or content made available on, contained in, or accessed through the Services are provided on an “as is” basis without warranty by Outdorsio of any kind, either express or implied. Your use of the Services is at your sole risk. To the extent permitted by applicable laws. Outdorsio disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the merchandise, information, content, and materials on the Services.
To the extent permitted by law, Outdorsio makes no warranty that:
Outdorsio makes no guarantee regarding the authenticity, quality, safety, or legality of any items offered or sold, nor the truth or accuracy of any listings, or ability of buyers and sellers to transact any business on the platform.
LIMITATION OF LIABILITY
In no event shall Outdorsio, and (as applicable) Outdorsio’s subsidiaries, officers, directors, employees, agents and suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Outdorsio’s services, or this agreement, including without limitation, lost profits, bodily injury, or any special, incidental, indirect, or consequential damages. Outdorsio’s liability, and (as applicable) the liability of Outdorsio’s subsidiaries, officers, directors, employees, agents, and suppliers, to you or any third parties in any circumstance shall be limited in any event to two hundred fifty dollars ($250.00). The limitation stated in the preceding sentence is an aggregate limit and shall not be expanded, and no exception shall be made, on account of the existence of multiple claims, whenever arising, regardless of the nature or extent of such claims.
THIRD PARTY CLAIMS
In no event shall Outdorsio, and (as applicable) Outdorsio’s subsidiaries, officers, directors, employees, agents, and suppliers be liable to you for any reason, for or with respect to any claim, debt or demand made or brought against you by any third party (including any other user of the Services).
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that our patents, trademarks, trade names, service marks, copyrights, and other intellectual property (collectively, “intellectual property”) is and shall remain our sole property, and nothing in this agreement shall confer in you any right of ownership or license rights in our intellectual property. In addition, you shall not now or in the future contest the validity of Outdorsio’s intellectual property.
The software and the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Outdorsio LLC or its suppliers, and are protected by U.S. and international copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the site is the exclusive property of Outdorsio LLC. and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the site is strictly prohibited.
APPLICABLE LAW AND VENUE
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Utah, without regard to conflict of law rules or principles (whether of Utah or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of Utah and the United States, respectively, sitting in Salt Lake County, Utah.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
If you have any questions or comments about this Agreement, the services that Outdorsio provides, or wish to terminate this Agreement, please contact Outdorsio by email at [email protected]
You also may write to Outdorsio at:
Attn: Legal Department
3400 W. Catalina Rd.
Boise, ID 83705
Outdorsio shall provide all notices to you at the email address that you have provided to Outdorsio. You are solely responsible for keeping that information current with Outdorsio. You hereby agree that all agreements, notices, disclosures, and other communications that Outdorsio provides electronically to you satisfy any legal requirement that such communications be in writing.
In the event you wish to initiate an action, we strongly encourage you to first contact us directly at [email protected]
If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 45 days in which to respond to or settle the Dispute. Notice shall be sent to Outdorsio at:
Attn: Legal Department
3400 W. Catalina Rd.
Boise, ID 83705