Privacy Notice & Conditions of Use
Privacy matters. TheOutdoorSource.com recognizes the importance of our customers' privacy, and takes a number of steps to protect that privacy. The following discloses the information gathering and dissemination practices for our Web site.
If you have any questions or concerns about the privacy or security of your information, you may contact us.
NON-PERSONAL INFORMATION THAT WE COLLECT
We automatically collect non-personally identifiable information from you when you visit our Site. This information includes your Internet Protocol ("IP") address, which is the number automatically assigned to your computer whenever you access the Internet. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our server and to administer our Site.
PERSONAL INFORMATION THAT WE COLLECT
We may collect your personally identifiable information, such as your name, shipping address, billing address, email address, phone number and credit card number, in the course of processing your order, or when we otherwise communicate with you. For example, through the order forms on our Site, we collect personally identifiable information necessary for shipping products that you purchase. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address). Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. You may opt-out of receiving future mailings; see "How to remove your name from our mailing, sharing or email list" below.
If you register for email or if you provide your email address to us, we will send you emails. These emails will inform you of our launch of new products, of special sales, of promotional offers from our partners, of environmental issues we think are important and of events taking place in our stores near you. If you currently receive our emails and do not wish to continue receiving them, please see the "How to remove your name from our mailing, sharing or email list" section below.
We use your shipping address to ship your products to you and to send catalogs and other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses, or other personally identifiable information, other than to the limited extent described in the "Consenting to Uses of Your Information" section below. If you do not wish to receive catalogs or other mailings from us, please see the "How to remove your name from our mailing, sharing or email list" section below.
CONSENTING TO USES OF YOUR INFORMATION
We only collect your personally identifiable information when you voluntarily submit it for the purposes of purchasing or ordering a product, or when you otherwise contact us online, in our stores, by telephone, or by mail. By initiating an order or other communication with us, you are consenting to our collection and use of your personal information for that specified purpose.
You may opt-out of receiving email communications about our company and products by clicking here or by checking the "I only want to receive order related emails" box on the order form.
If you do consent to a use of your information beyond that required to fulfill the purpose for which your information was collected, you may withdraw that consent by contacting The Outdoor Source.
We do not disclose your personal information to other companies.
HOW TO REMOVE YOUR NAME FROM OUR MAILING, SHARING OR EMAIL LIST
Our Site provides you the choice to receive communications from us at the point where we request information about you.
Our Site gives you the following options for removing your information from our database to not receive future communications, or to no longer receive our service, or to not share your name and address with other companies.
1. You may send an email to firstname.lastname@example.org
2. You may send mail to the following address:
ATTN: Customer Service
3121 Kingsdale Ctr
Columbus, OH 43221
5. You may call the following telephone number: 614-457-3620
This Site gives you the following options for changing and modifying information previously provided.
1. You may send an email to email@example.com
2. Send mail to the following postal address:
ATTN: Customer Service
3121 Kingsdale Ctr
Columbus, OH 43221
3. Call the following telephone number: 614-457-3620
SHOPPING AT OUR SITE
The Outdoor Source works to protect your personal information by using security standards appropriate to the sensitivity of the information, whether that information is collected and/or stored online or offline. We make reasonable and appropriate effort to safeguard such information from loss, theft, unauthorized access, disclosure, copying, use, modification, or destruction.
Specifically, we work to protect the security of your online order by using Secure Sockets Layer (SSL) technology. SSL encrypts the information that you transmit from your computer to TheOutdoorSource.com Web Site servers. If you are using a Netscape browser, you can check the security of your connection by looking at the lower left-hand corner of your browser window after accessing the server. For Internet Explorer, check the little boxes near the lower right-hand corner. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active.
Some versions of browsers and some firewalls do not permit communication through secure servers. If you are unable to connect to a secure server or cannot determine that you have a secure connection, please place your order by telephone by calling us at 614-457-3620.
The Outdoor Source does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use the Site only with the participation of your parent or guardian.
HOW TO CONTACT US ABOUT YOUR PRIVACY
ATTN: Customer Service
3121 Kingsdale Ctr
Columbus, OH 43221
This Web Site, TheOutdoorSource.com, ("Site") is hosted by The Outdoor Source and its parent, subsidiaries and affiliates (collectively, "The Outdoor Source").
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Site following any such modification constitutes your agreement to the terms of the modified Agreement.
The Outdoor Source does sell products for children, but it does not sell products to children. The Outdoor Source only sells products to adults, ages 18 years and older, who can purchase them with a credit card. The Outdoor Source reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if The Outdoor Source believes that user conduct violates applicable law or is harmful to the interests of The Outdoor Source or its affiliates.
The Outdoor SourceŽ is a registered trademark of The Outdoor Source in the United States and other countries.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all The Outdoor Source or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to The Outdoor Source or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of The Outdoor Source or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by The Outdoor Source or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of The Outdoor Source or any third party.
The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of The Outdoor Source or its lawful successors and assigns. For usage permission, Contact Us.
LICENSE AND SITE ACCESS
The Outdoor Source grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Outdoor Source. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, viSited, or otherwise exploited for any commercial purpose without express written consent of The Outdoor Source. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Outdoor Source and our affiliates without express written consent. You may not use meta tags or any other hidden text using The Outdoor Source's name or trademarks without the express written consent of The Outdoor Source. Any unauthorized use terminates the permission or license granted by The Outdoor Source.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Outdoor Source so long as the link does not portray The Outdoor Source or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any The Outdoor Source logo or other proprietary graphic or trademark as part of the link without express written permission. You may not make any other part of this Site, other than the home page of the Site, available as part of another service by "deep linking," or otherwise, without prior written permission from The Outdoor Source.
THIRD PARTY AND CO-BRANDED WEB SITES
This Site may contain hyperlinks ("links") to Web Sites operated by persons or entities other than The Outdoor Source ("third-party Web Sites") or to co-branded Web Sites operated by a third party, including affiliates ("co-branded Web Sites"). We provide such links for your reference and convenience only. A link from The Outdoor Source to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site. The Outdoor Source IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from The Outdoor Source. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Site or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with The Outdoor Source or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:
1. Accessing data not intended for you or logging into a server or account that you are not authorized to access;
2. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site;
4. Sending unsolicited email, including promotions and/or advertising of products or services, and
5. Forging any TCP/IP packet header or any part of the header information in any email or posting.
RISK OF LOSS
All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, The Outdoor Source. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when The Outdoor Source delivers these items to the carrier.
The Outdoor Source attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. Most The Outdoor Source products displayed on the Site are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in retail stores. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS SITEIS PROVIDED BY The Outdoor Source ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Outdoor Source MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Outdoor Source DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL The Outdoor Source, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO The Outdoor Source THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW AND DISPUTES
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to The Outdoor Source or to products you purchase through The Outdoor Source shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate The Outdoor Source's intellectual property rights, The Outdoor Source may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify, and hold harmless The Outdoor Source and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by The Outdoor Source arising out of or relating to your use of the Site, your violation of this Agreement, or your violation of any rights of another.
MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Outdoor Source as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of The Outdoor Source's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by The Outdoor Source with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of The Outdoor Source to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between The Outdoor Source and you regarding our Site and its contents.
All rights not expressly granted herein are hereby reserved.