Outliear Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Outliear website (the “Site”), including any content, features, products, or services made available on or through the Site (collectively, “Services”). Outliear (“we,” “us,” or “our”) provides the Site and Services to you (“you” or “user”) subject to your compliance with these Terms. By accessing or using the Site or Services, you agree to be bound by these Terms, as well as our Privacy Policy (available on the Site). If you do not agree to these Terms, you may not access or use the Site or Services.

1. Eligibility

To access and use the Site and Services, you must:

  • Be at least 13 years of age (if you are under 18, you must have the consent of a parent or legal guardian to use the Site, and such parent or legal guardian agrees to be bound by these Terms on your behalf).
  • Have the legal capacity to enter into a binding contract (or, if you lack such capacity, have a parent or legal guardian who accepts these Terms on your behalf).
  • Provide accurate, complete, and current information when creating an account (if applicable) or using the Services.
  • Comply with all applicable laws, regulations, and these Terms.

We reserve the right to deny access to the Site or Services to anyone who fails to meet these eligibility requirements, in our sole discretion.

2. Account Creation and Management

2.1 Account Registration

If you choose to create an account on the Site, you agree to:

  • Choose a unique username and a strong password that you will keep confidential.
  • Provide true, accurate, and complete information during registration (including your name, email address, and shipping details) and update such information promptly if it changes.
  • Be solely responsible for all activities that occur under your account, including any purchases, communications, or actions taken by someone else using your account.
  • Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account, or if your password is lost or stolen.

We reserve the right to suspend or terminate your account at any time, without prior notice, if we believe you have violated these Terms or engaged in fraudulent, unlawful, or harmful activity.

2.2 Account Termination

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon account termination, we will stop providing you with access to your account and may delete your account information (subject to our Privacy Policy, which outlines how we retain data for legal or operational purposes).

3. Use of the Site and Services

3.1 Permitted Uses

You may use the Site and Services only for lawful purposes and in accordance with these Terms. Permitted uses include:

  • Browsing the Site to view product information, including details about our high-performance wild/city clothing.
  • Creating an account to save preferences, track orders, and streamline future purchases.
  • Placing orders for products in compliance with our Terms of Purchase.
  • Participating in lawful, non-harmful interactions with the Site (e.g., submitting feedback, contacting customer service).

3.2 Prohibited Uses

You may not use the Site or Services for any unlawful, fraudulent, or harmful purpose, including but not limited to:

  • Accessing or attempting to access any part of the Site or Services that you are not authorized to use (e.g., internal databases, administrative accounts).
  • Using the Site to transmit, upload, or post content that is illegal, defamatory, harassing, abusive, obscene, discriminatory, or infringing of third-party rights (including copyrights, trademarks, or privacy rights).
  • Using automated tools (such as bots, crawlers, or scrapers) to access, collect, or copy content from the Site without our prior written permission (except for search engine crawlers acting in compliance with our robots.txt file).
  • Interfering with or disrupting the Site or Services, including by introducing viruses, malware, or other harmful code, or overloading, crashing, or disabling the Site’s servers.
  • Impersonating another person or entity (including Outliear employees or representatives) or falsifying your affiliation with a person or entity.
  • Using the Site to engage in price gouging, reselling products in violation of our policies, or facilitating illegal transactions.
  • Violating any applicable laws, regulations, or third-party terms of service (e.g., payment processor rules, shipping carrier policies).

We may take action to prevent or stop prohibited uses, including blocking your IP address, suspending your account, or pursuing legal remedies.

4. Intellectual Property Rights

4.1 Outliear’s Intellectual Property

All content on the Site, including but not limited to text, images, logos, trademarks, product designs, graphics, videos, and software (collectively, “Intellectual Property”), is owned by Outliear or our licensors and is protected by copyright, trademark, and other intellectual property laws. The Outliear name, logo, and any other brand names or slogans used on the Site are trademarks of Outliear and may not be used without our prior written permission.

4.2 Your Use of Intellectual Property

You may use the Site’s Intellectual Property only as necessary to access and use the Site and Services for permitted purposes (e.g., viewing product images to make a purchase). You may not:

  • Copy, reproduce, distribute, modify, adapt, translate, reverse engineer, decompile, or create derivative works of any Intellectual Property without our prior written permission.
  • Use any Intellectual Property for commercial purposes (e.g., selling prints of product images, using our logo to promote another business) without our consent.
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Site or in its content.

If you wish to use any of our Intellectual Property for a purpose not covered by these Terms, please contact us at [email protected] to request permission.

4.3 User-Generated Content

If you submit content to the Site (e.g., reviews, feedback, photos, or comments, collectively “User-Generated Content” or “UGC”), you grant Outliear a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, distribute, modify, adapt, display, and perform such UGC in connection with the Site and Services (including for marketing purposes). You represent and warrant that:

  • You own all rights to the UGC or have obtained all necessary permissions from third parties to submit it to the Site.
  • The UGC does not infringe any third-party rights (including copyrights, trademarks, privacy rights, or publicity rights) and does not violate any laws or these Terms.
  • The UGC is not defamatory, harassing, abusive, obscene, or otherwise harmful.

We reserve the right to review, moderate, or remove any UGC at any time, in our sole discretion, without prior notice.

5. Third-Party Links and Services

The Site may contain links to third-party websites, services, or content (collectively, “Third-Party Materials”). These links are provided for your convenience only, and we do not control or endorse Third-Party Materials. We are not responsible for the content, accuracy, safety, or legality of Third-Party Materials, and your use of Third-Party Materials is subject to the third party’s terms of service and privacy policy. We encourage you to review the terms and policies of any third party before accessing or using their materials.

6. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RELIABILITY.

We do not warrant that:

  • The Site or Services will be uninterrupted, error-free, or free of viruses or other harmful components.
  • The content on the Site (including product descriptions, images, or pricing) is accurate, complete, current, or reliable.
  • Products purchased through the Site will meet your expectations or be free from defects (except as provided in our Limited Warranty in the Terms of Purchase).
  • Any communications sent through the Site (e.g., order confirmations, customer service emails) will be received or delivered in a timely manner.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties will be limited to the maximum extent permitted by law.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTLIEAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR INCONVENIENCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED $100. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY OF THE CLAIM (INCLUDING CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY).

This limitation of liability does not apply to:

  • Damages caused by our gross negligence or willful misconduct.
  • Damages arising from personal injury or property damage (to the extent required by law).
  • Any liability that cannot be excluded or limited under applicable law.

Some jurisdictions do not allow the limitation of liability for certain types of damages, so the above limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless Outliear, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your access to or use of the Site or Services.
  • Your violation of these Terms or any applicable laws, regulations, or third-party rights.
  • Your User-Generated Content (including claims that it infringes third-party rights or is unlawful).
  • Any unauthorized use of your account.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

9. Changes to These Terms

We reserve the right to modify these Terms at any time, in our sole discretion. When we make changes, we will update the “Last Updated” date at the top of this page and post the revised Terms on the Site. We may also notify you of significant changes via email (if you have an account) or a prominent notice on the Site.

Your continued access to or use of the Site or Services after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and Services immediately. We encourage you to review these Terms periodically for updates.

10. Miscellaneous

10.1 Entire Agreement

These Terms, together with our Privacy Policy and Terms of Purchase, constitute the entire agreement between you and Outliear regarding your access to and use of the Site and Services, and supersede all prior or contemporaneous agreements, communications, and understandings (whether oral or written).

10.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent of the parties.

10.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision, and our enforcement of any provision may be done at any time and without notice.

10.4 Assignment

You may not assign or transfer these Terms or your rights or obligations under them without our prior written permission. We may assign these Terms or transfer our rights or obligations to any third party at our discretion.

11. Contact Us

If you have any questions, concerns, or disputes related to these Terms, the Site, or the Services, please contact us at: