AllOutfitters.com - Terms of Use

This website, alloutfitters.com ("Site"), is owned and operated by All Outfitters, LLC ("All Outfitters", "we", or "us"). You should carefully read these Terms of Use. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and All Outfitters. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions, and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your customer relationship with All Outfitters is also governed by All Outfitters's Privacy Policy, which is also posted on this Site.

Amendments to Terms of Use:

All Outfitters reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy and/or any of its other terms, conditions, and rules related to the Site, at any time in its sole discretion. All Outfitters shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Third Party Service Providers:

All Outfitters may use third party service providers to help develop and maintain this Site and to provide specific services offered through this Site. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by All Outfitters. All references to All Outfitters are deemed to include its agents and service providers. All agents and service providers of All Outfitters will be authorized to use your personal information only for the purpose for which they are engaged.

Password and Site Access:

You are solely responsible for the security of online access to this Site and any third party payment providers, and you must take precautions to protect the confidentiality of your password and other login information (collectively, your "Account") with any third party. All Outfitters does not retain or have access to any account information provided to a third party. All Outfitters may justifiably assume that any orders or instructions received through any electronic systems and placed under your account or password were placed or authorized by you.

Site Materials, Services, and Software:

Through this Site, All Outfitters may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents, and other materials contained or displayed in or made available through the Site (collectively, "Materials"); and (b) various services and functionality (collectively, "Services").

All Outfitters and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use, and display Materials; and (b) use the tools and software on the Site (collectively, "Software") solely for your own information, financial, and non-commercial use. In these Terms of Use, all references to the "Site" shall be deemed to include all "Software", "Materials", and "Services", unless otherwise expressly indicated. All rights not expressly granted by All Outfitters to you are retained by All Outfitters, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design, layout, or programming of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of All Outfitters, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease, or sell the Site; (d) decompile, disassemble, or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-base device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) download or copy Account information for the benefit of another merchant; (i) use any meta tags or any other "hidden text" utilizing All Outfitters's name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to All Outfitters by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of All Outfitters.

Failure of a mark to appear on this page does not mean that we do not use or own that mark. Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits All Outfitters. All other trademarks not owned by All Outfitters that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by All Outfitters.

All Outfitters and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title, or interests in or to the Site, or any element thereof.

User Content:

In certain portions of the Site, users may be allowed to submit information, data, text, software, music, sound, photographs, graphics, video, messages, products, services, and/or other materials (individually and collectively, "Content"). All Content is the sole responsibility of the person by whom the Content was posted. This means that you, and not us, are solely responsible for all Content that you upload, post, transmit, or otherwise make available through or on this Site. You are also solely responsible for all Content posted under your Account. All Outfitters does not control the Content posted on or through this Site and, therefore, All Outfitters does not guarantee the accuracy, integrity, or quality of such Content. You represent and warrant that (a) you own or otherwise control all of the rights to the Content that you post; (b) that the Content is accurate; (c) use of the Content you supply does not violate this Terms of Use; (d) the Content does not infringe any intellectual property or other rights of any third party and does not violate any applicable laws or regulation; and (e) the Content will not cause injury to any person or entity.

Should Content be deemed illegal, All Outfitters will cooperate with the proper authorities, including but not limited to submitting all necessary information to them. If we determine, in our sole discretion, that any Content submitted by you is offensive or inappropriate, we may ask you to retract or modify the Content in question. If you fail to meet our request within the time specified, then we may terminate your Account. We have no obligation, however, to restrict or monitor Content in any way.

You may see or read things that you do not like or agree with on our Site. You understand that by using our Site, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available through our Site. You acknowledge that we do not have any obligation to pre-screen Content, although we reserve the right, in our sole discretion, to refuse, move, modify, or delete any Content.

You are solely responsible for any use or reliance on the Content, including its accuracy, completeness, or usefulness. You acknowledge that we do not have any obligation to pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms of Use or any other applicable policy or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

We do not want to receive any confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by All Outfitters, any material, information, or idea that you transmit to All Outfitters or the Site by any means may be disseminated or used by All Outfitters without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, marketing, and advertising products and/or services. However, this provision does not apply to personal information that is subject to our Privacy Policy.

We do not claim ownership of the Content you upload, place, or post through this Site. You are responsible for protecting your rights in such Content and are not entitled to our help in protecting such Content. By uploading, placing, or posting Content through this Site, you grant All Outfitters a perpetual, irrevocable, world-wide, royalty-free, non-exclusive, and full sublicensable license to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, and create derivative works from the Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed, for any purpose associated with the Site. You grant All Outfitters and its sub-licensees the right to use the name that you submit in connection with such Content, if All Outfitters chooses.

Product Information and Pricing:

All prices are listed in U.S. Dollars. The prices and availability of products and/or services are subject to change without notice. If All Outfitters discovers an error in either pricing or availability, it will seek to correct it. All Outfitters reserves the right to revoke any offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted and accepted).

Orders:

By ordering an item on the Site, you are agreeing to purchase the products and/or services selected. Your payment for the products and/or services ordered is due at the time you submit your order. When you submit your order, you will be charged for the products and/or services by the third party payment system. All sales are considered final. No returns, refunds, or exchanges will be permitted. We believe in customer satisfaction and will work with you to ensure that you are happy with your purchase. If you have any questions or concerns regarding our products or services, please contact us.

Privacy:

We have a policy that addresses this issue. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Site. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use.

Third Party Information:

Please be aware that when you are on the Site, you could be directed to other sites that are beyond All Outfitters's control. All Outfitters is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. All Outfitters reserves the right to terminate any link or linking program at any time. All Outfitters provides such links only as a convenience to you. All Outfitters has not endorsed, tested, or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Health Information:

This Site and its Content may present health, dietary, and fitness information in various forms, which are provided for educational purposes only. The information may not be applicable to your personal circumstances. Moreover, like any printed material, the information may become out-of-date over time and may contain typographical errors and inaccuracies. The information is not intended as a tool for self-diagnosis, is not a recommendation of a specific treatment plan or health care provider, and is not a substitute for proper medical advice, diagnosis, or treatment. Proper treatment of health conditions depends on a number of factors such as your medical history, diet, lifestyle, and the medication that you currently take. Your doctor or other licensed health care provider is in the best position to take these and other factors into account in assessing and addressing your individual health care needs and use of this Site cannot replace medical consultation with a qualified health or medical professional.

Territory:

All Outfitters operates this Site from its office within the United States of America. All Outfitters makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States laws and regulations.

DISCLAIMER OF WARRANTIES:

THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY ALL OUTFITTERS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BY NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY, AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE ALL OUTFITTERS, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.

YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND ALL OUTFITTERS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. ALL OUTFITTERS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSION IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS, AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. ALTHOUGH ALL OUTFITTERS MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. ALL OUTFITTERS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE, OR STATEMENT DISPLAYED ON THIS SITE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

THE INFORMATION CONTAINED ON THIS SITE SHOULD NOT BE RELIED UPON FOR MEDICAL ADVICE FOR ANY USER. ALL OUTFITTERS AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THIS SITE. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT, DIET, OR FITNESS PROGRAM OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

LIMITATION OF LIABILITY:

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL ALL OUTFITTERS, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.

ALL OUTFITTERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF ALL OUTFITTERS'S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES ACCIDENTS, STRIKES, FIRES, WAR, OR ACTS OF GOD.

TERMINATION:

IF YOU DO NOT UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.

All Outfitters may terminate your access to this Site at any time and for any reason without prior notification. Additionally, All Outfitters may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third party for any termination of your access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification, and others which by their nature are intended to survive.

Applicable Law, Severability, and Waiver:

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and All Outfitters's rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and All Outfitters related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Western District of Michigan, and/or the Circuit Court of the County of Kent, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provisions of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect. The failure of All Outfitters to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by All Outfitters in writing. No waiver shall be implied from a failure to exercise a right or remedy. In addition, no waiver of All Outfitters's right or remedy will effect the other provisions of these Terms of Use.

Indemnity:

You agree to indemnify and hold All Outfitters, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, co-founders, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use, whether you are a registered user or not. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Digital Millennium Copyright Notices:

Notices and demands made pursuant to the Digital Millennium Copyright Act Section 512(c), 17 U.S.C. § 512(c) should be submitted to All Outfitters, LLC at the address: 2504 Arundel Rd. SE, East Grand Rapids, MI 49506.

Social Networking Accounts:

With the enabling of social networking functionality on the Site, the following terms will apply to your use of the site.

Registration Obligations:

To use the social networking functionality of the Site, you must register and open an Account with us or a third party content provider. To open the social networking features of an Account, you must select an identity and password for your Account. By opening an Account with us, you promise not to: (a) select or use the identity of another person or entity with the intent to impersonate that person or entity; (b) use a name subject to the rights of another person without authorization; (c) use an identity that we, in our sole discretion, deem inappropriate or offensive; or (d) breach any representation, warranty, or promise made by you in this policy regarding your Account.

Those features requiring registration are intended for adults who are at least eighteen (18) years of age and have reached the age of majority under applicable law. In consideration for your use of these features, you represent that you are of legal age to form a binding contract and are legally able to receive services under the laws of the United States. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by our registration form, and (b) maintain and promptly update your Account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of our Site and its related services. Please keep in mind that registering an Account for certain features of our Site may require the submission of information such as your email address or mailing address.

By becoming a user of the social networking features on our Site, certain profile information about you will automatically be displayed, posted, and visible to all members of and visitors to the Site and/or users of third party social networking content providers. You can change how this information is display through your Account settings. By using our Site, you consent to All Outfitters's display, disclosure, and use of your information and Content as set forth above and you agree to use caution and care in evaluating and selecting your Account settings and information before using this Site and posting any information to it. You, your heirs, agents, executors, administrators, and assigns agree not to hold us liable for any and all claims, liabilities, and/or damages of any kind whatsoever that arise out of or relate in any way to your interaction with others and/or All Outfitters through this Site and/or any third party social networking content provider.

Your Content:

Your ability to use this Site and contribute to discussions depends on your compliance with community standards and the conduct guidelines set forth in these Terms of Use, including the section "User Content", above. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.

The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:

upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, any of our employees, company officials, directors, shareholders, agents, representatives, or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted, transmitted, or otherwise made available through the Site;
upload, post, or otherwise transmit any Content that you do not have a right to upload, post, or otherwise transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
upload post, or otherwise transmit unsolicited commercial email or "spam" including, but not limited to, unethical marketing, advertising, "chain letters" or any other practice that is in any way connected with "spam", such as sending mass email to recipients who have not requested email from you or with a fake return address, promoting a site with inappropriate links, titles, descriptions, or promoting a site by posting multiple submissions in public forums that are identical;
upload, post, or otherwise transmit any material that contains software viruses, Trojan horses, malware, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or intercept messages sent from a computer or communications device;
interfere with or disrupt the Site, servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations have the force of law;
"stalk" or otherwise harass another;
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, but not limited to providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
offer for sale any item, good, or service through our Site;
use the Site as a forwarding service to another website;
allow usage by others in such a way as to violate these Terms of Use or any other applicable policy;
take steps to interfere with or in any manner compromise any of our security measures;
use the Site for fraudulent purposes;
harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third party website or service;
copy the Site or any portion thereof (other than as provided under United States copyright laws);
remove any proprietary notices from this Site;
cause, permit, or authorize the modification, creation of derivative works, or translation of this Site without All Outfitters's express permission;
sell, assign, rent lease, act as a service bureau, or grant rights in the Site including, without limitation, through sublicense, to any other person or entity;
attempt to decompile, disassemble, reverse engineer, modify, or hack this Site to defeat or overcome any encryption and/or digital rights management technology implemented by All Outfitters with respect to this Site and/or data transmitted, processes or stored by All Outfitters or this Site;
use this Site for any commercial purpose or for the benefit of any third party or in any manner not permitted by this policy, or otherwise exceed the scope of our services that you have signed up for (i.e. by accessing and using the tools that you do not have a right to use).