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Outdoor Voices — Privacy policy.
Last Updated: March 24, 2025
This Privacy Policy explains how information about you is collected, used and disclosed by OV OPCO, LLC. (“Outdoor Voices,” “we," or us”). This Privacy Policy applies to information we collect when you access or use our websites, mobile applications, and other online products and services (collectively, the “Services”), shop in our stores, contact our customer service team, engage with us on social media, or otherwise interact with us.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to the Services or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.
Contents
- Collection of Personal Information
- Use of Personal Information
- Disclosures of Personal Information
- Targeted Advertising and Analytics
- Transfer of Information to the United States and Other Countries
- Data Retention
- Your Privacy Rights and Choices
- Additional Disclosures for Individuals in California
- Contact Us
Collection of Personal Information
Personal Information You Provide Directly to Us
We collect personal information directly from you, including when you engage in any of the activities below.
- Create an account;
- Participate in any interactive features of the Services;
- Fill out a form or survey;
- Participate in a contest or promotion;
- Make a purchase on our website or in one of our stores;
- Return or exchange an item;
- Inquire about our products or services;
- Request customer support;
- Interact with us on social media, including by posting content and tagging us; and
- Otherwise communicate with us.
The types of personal information we may collect directly from you may include your name, email address, billing and shipping address, zip code, phone number, gender, clothing size, height, birth day and month, and any other information you choose to provide.
If you make a purchase from us, we work with third-party payment processors and financing partners to collect and process your payment information
Personal Information We Collect Automatically When You Interact with Us
When you access or use our Services or otherwise transact business with us, we automatically collect personal information about you, including:
- Transaction Information: When you make a purchase or return, we collect information about your transactions, including records of products or services and the date and location of the transaction.
- Device and Usage Information: We collect information about how you access and use our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type and app version, and language settings. We also collect information about your activity on our Services, such as items placed in your shopping cart, your access times, pages viewed, links clicked and the page you visited before navigating to our Services.
- Information Collected via Cookies, web beacons, and Other Tracking Technologies. We (and those that perform work for us) use cookies, web beacons, and other tracking technologies to collect information about your browsing behavior, purchase behavior, and other engagement with our Services. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits and understand usage and campaign effectiveness. See the Targeted Advertising and Analytics and Opting Out of Targeted Advertising, Sharing, and Sales sections below for further information.
- Audio Recordings and Chat Content. If you contact customer service through our chat feature or by phone, we may monitor and retain those conversations, including for training purposes.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect from you, such as from identity verification services, mailing list providers, event partners, and data co-ops. For example, if you create or log into your Outdoor Voices account through a social media service, we will have access to certain information from that service, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media service.
Information we Derive or Infer
We may derive information or draw inferences about you based on the information we collect. For example, we may infer your approximate location based on your IP address or infer that you are interested in purchasing certain types of products based on your browsing behavior on our Services.
Use of Personal Information
We use the personal information we collect to provide, maintain and improve our products and services. We also use personal information to:
- Develop new products and services;
- Provide and deliver the products and services you request, process transactions and send you related information, including confirmations, receipts, customer experience survey and recall notices;
- Personalize and improve your experience on our Services and in our stores;
- Send you technical notices, updates, security alerts and support and administrative messages;
- Respond to your comments, questions and requests and provide customer service;
- Communicate with you about products, services, offers, promotions, rewards, and events offered by Outdoor Voices and others, and provide news and information we think will be of interest to you (see the Marketing Communications below for information about opting out of these communications at any time);
- Provide and administer certain programs, such as our Ambassadors and OVU programs;
- Monitor and analyze trends and statistics, learn more about your shopping preferences and your interaction with our Services, and improve your shopping experience;
- Target advertisements to you see on third-party platforms and websites unless you have opted out (see Opting Out of Targeted Advertising, Sharing, and Sales for more information);
- Personalize and improve the Services and provide content or features that match your profile and interests;
- Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
- Detect, investigate and prevent security incidents and protect against malicious, deceptive, fraudulent or illegal activity and protect the rights and property of Outdoor Voices and others;
- Identify, report, and repair errors that impair the functionality of our Services; and
- Comply with our legal and financial obligations.
Disclosures of Personal Information
We disclose personal information in the following circumstances or as otherwise described in this Privacy Policy:
- Vendors and Service Providers. We make personal information available to our vendors, consultants and other service providers, and contractors who perform services on our behalf, such as companies that assist us with web hosting, shipping and delivery, financing and payment processing, surveys, fraud prevention, marketing and advertising, analytics and customer service;
- For Marketing Purposes. We may disclose your personal information to third parties for their own marketing purposes or to expand the reach and effectiveness of our marketing campaigns. Depending on where you live, these activities may constitute "sales" and you may opt out of these disclosures by contacting us at hello@outdoorvoices.com;
- Law Enforcement Authorities and Individuals Involved in Legal Proceedings. In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
- To Protect the Rights of Outdoor Voices and Others. If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Outdoor Voices or others;
- Professional Advisors. We disclose personal information to our legal, financial, insurance, and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests;
- Corporate Transactions. In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
- Corporate Affiliates. We may disclose personal information between and among Outdoor Voices and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
- Consent. We make personal information available to third parties when we have your consent or you intentionally direct us to do so.
We also disclose aggregated or de-identified information, which cannot reasonably be used to identify you. Outdoor Voices processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.
Targeted Advertising and Analytics
We engage others to provide analytics services and serve advertisements, and perfomr related services across the web and in mobile apps. These entities may use cookies, web beacons, SDKS, device identifiers, and other technologies to collect information about your use of the Services and other websites and applications, including your IP address and other identifiers, web browser, and mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on other companies' sites or mobile apps and to analyze and track data, determine the popularity of certain content, and better understand your online activity. In addition, some of our advertising partners enable us to translate your email address or phone number into an identifier that can't be used to identify you personally. Our advertising partners then use that unique identifier to show ads that are more relevant to you across the web and in mobile apps. Some of the activities described in this section may constitute "targeted advertising," "sharing," or "selling" under some laws. See Opting Out of Targeted Advertising, Sharing, and Sales below to learn how to opt-out of these activities.
You can also learn more about interest-based ads and opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance by visiting www.aboutads.info/choices. Your device may also include a feature that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.
Transfer of Information to the U.S. and Other Countries
Outdoor Voices is based in the United States and the information we collect is processed and stored in the U.S. By accessing or using the Services or otherwise providing information to us, you understand that your personal information will be processed, transferred and stored in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.
Data Retention
We store your personal information for as long as necessary to carry out the purposes for when we originally collect it and for other business purposed explained in this Privacy Policy.
Your Privacy Rights and Choices
Access, Correction, and Deletion
Depending on where you reside, you may have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information. You may make these requests by filling out our web form here. If we deny your request, you may appeal our decision by contacting our Customer Experience Team. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.
Opting Out of Targeted Advertising, Sharing, and Sales
As described in the Targeted Advertising and Analytics section above, we process personal information to serve you advertisements on third-party properties. Some of these activities may be considered “sales” or “sharing” of your personal information or “targeted advertising” under the law that applies to you. You may opt out of these activities by following the prompts here.
In addition, we disclose your information to other entities for marketing purposes as described in Disclosures of Personal Information above, which may constitute “sales” of your personal information under certain laws. Depending on where you reside, you may have the right to opt out of targeted advertising, sharing, and sales of your personal information. You can do so by following the prompts here or by visiting our Services with a legally-recognized opt-out preference signal enabled (such as the Global Privacy Control).
Nondiscrimination
We will not discriminate against you if you exercise your privacy rights.
Cookies and Similar Tracking Technologies
We use cookies and similar tracking technologies to analyze visits to our websites and interactions with our communications and help us improve our products, services, and marketing campaigns. Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies, could affect the availability and functionality of our Services. You can also adjust certain cookie settings by clicking here.
Outdoor Voices uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.
Marketing Communications
You may opt out of receiving marketing emails from Outdoor Voices by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
You may opt out of receiving text messages (SMS) from Outdoor Voices by replying "stop" to any message.
Mobile Push Notifications
With your consent, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Additional Disclosures for Individuals in California
The California Consumer Privacy Act (“CCPA”) and the Shine the Light law requires us to explain some information using definitions and categories set out under the CCPA. If you are a California resident, this section applies to you.
Additional Disclosures
We collect, and in the preceding 12 months, we have collected, the following categories of personal information: identifiers (such as your name, email address, or IP address), commercial information (such as records of products or services purchased), categories of protected classifications under California and federal law (such as gender), Internet or other electronic network activity information (such as browsing history, search history, information about your activities on our Services), geolocation data (such as your city of residence), audio, electronic, visual, or similar information (such as phone recordings when you call customer services), and inference drawn about your preferences. For more information about the precise data points we collect and the categories of sources of such collection, please see the Collection of Information section above. We collect personal information for the business and commercial purposes described in the Use of Information section above.
In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:
Category of Personal Information | Categories of Recipients |
---|---|
Identifiers | Advertising and marketing partners, social networks, Internet service providers, data analytics providers, operating systems and platforms, payment processors, fulfillment partners, customer support partners, events and promotions partners, and fraud prevention partners |
Commercial Information | Advertising and marketing partners, data analytics providers, payment processors, fulfillment partners, customer support partners, and fraud prevention partners |
Internet or other electronic network activity information | Advertising and marketing partners, Internet service providers, data analytics providers, operating systems and platforms, customer support partners, cloud service providers, and fraud prevention partners |
Geolocation Data | Advertising and marketing partners, internet service providers, cloud service providers, data analytics providers, operating systems and platforms |
Audio, electronic, visual, or similar information | Customer support partners and fraud prevention partners |
Inferences | Advertising and marketing providers, internet service providers, data analytics providers, customer support partners and fraud prevention partners |
We “share” and “sell” personal information for the purpose of engaging in advertising and marketing activities, including to expand the reach and effectiveness of our own marketing campaigns and for third parties’ own marketing purposes. We share and sell the following categories of personal information to the following categories of third parties:
Category of Personal Information | Category of Third Parties |
Identifiers |
Advertising and marketing networks, data co-ops, social media networks |
Commercial Information |
Advertising and marketing networks |
Internet or other electronic network activity information |
Advertising and marketing networks |
We do not knowingly sell or share personal information about consumers under the age of 16.
Privacy Rights
You have the right to opt out of sharing and sales at any time by clicking here. You can also opt out by visiting our Services with a legally-recognized universal choice signal enabled (such as the Global Privacy Control). Please note that, depending on which legally-recognized opt-out preference signal you use, our processing of the signal may be limited to the specific browser or device that you are using. You may need to renew your opt-out choice if you use a different browser or device to access our Services, or if you clear your cookies. Please see the Your Privacy Rights and Choices section above for more information about the privacy rights you have as a California resident, how to
exercise your rights, and how we will verify your requests. If you are submitting a rights request as an authorized agent, you are required to submit proof of your authorization to make the request, such as a valid power of attorney or proof that you have signed permission from the individual who is the subject of the request. Please do not provide any sensitive personal information in connection with this request, such as a driver’s license or other government-issued ID. In some cases, we may be required to contact the individual who is the subject of the request to verify their own identity or confirm you have permission to submit this request. If you are an authorized agent seeking to make a request, please contact us.
Notice of Financial Incentives
We offer various financial incentives. For example, we may provide discounts, coupons, or other benefits to customers who sign up to receive our marketing emails, marketing text messages, or join certain discount programs. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and commercial information (like your purchase history). You can opt into a financial incentive by following the sign-up or participation instructions provided. If you later decide to opt-out, you can do so at any time by
following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.
Shine the Light
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please submit a request here.
Contact Us
If you have any questions about this Privacy Policy or our information practices, please reach out to our Customer Experience Team or send us mail to: 90 Spence Street Bay Shore NY 11706.
Outdoor Voices — Terms of use.
Last Updated: March 25, 2025
Thanks for visiting Outdoor Voices! These Terms of Use (“Terms”) apply to your purchase of Outdoor Voices clothing and accessories (collectively, our “Products”) and to your access to and use of the website and other online products and services (collectively, our “Services”) provided by OV OPCO, LLC (“Outdoor Voices,” “we” or “us” ). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14, do not access or use our Services.
Contents
- 1 Privacy
- 2 Eligibility
- 3 User Accounts and Account Security
- 4 Terms of Sale
- 5 User Content
- 6 Prohibited Conduct and Content
- 7 Feedback
- 8 Limited License; Copyright and Trademark
- 9 Copyright Complaints
- 10 Transfer and Processing of Data
- 11 Indemnification
- 12 Disclaimers
- 13 Limitation of Liability
- 14 Dispute Resolution; Binding Arbitration
- 15 Governing Law and Venue
- 16 Changes to these Terms
- 17 Termination
- 18 Severability
- 19 Other Terms
- 20 Miscellaneous
- 21 Name and Likeness Release
- 22 Liability Release and Hold Harmless
- 23 Mobile Message Service Terms and Conditions
1 Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
2 Eligibility
You must be at least 13 years of age to access or use our Services. If you are between 13 and 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
3 User Accounts and Account Security
You may have the ability to create an online account. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account credentials, not share your account credentials with others and promptly notify Outdoor Voices if you discover or suspect that someone has accessed your account without your permission.
4 Terms of Sale
The terms in this Section 4 apply if you purchase Products using the Services for delivery to locations in the United States. If you purchase Products for delivery to jurisdictions outside of the United States (“International Order”), you purchase the Products directly from our reseller, Flow Commerce, Inc. (“Flow”). In connection with any International Order, you agree (a) to be bound by Flow’s order terms (available here: https://www.flow.io/policies/consumer-terms), (b) that you entering into a separate agreement with Flow, and that we are not a party to that agreement, (c) that Flow is solely responsible for fulfilling International Orders, and (d) to look solely to Flow for any claims or disputes regarding International Orders.
4.1 Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
4.2 Pricing and Availability
Prices do not include applicable taxes and other charges, unless we clearly state in writing that a price includes applicable taxes. All Products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue our Products without prior notice, even if you have already placed your order. Prices for Products are subject to change at any time, but changes will not affect any order for Products you have already placed.
In the event that a Product you are interested in purchasing is not listed or is listed as "out of stock" on the Product’s information page, it is not currently available for ordering. Please check back at a later time as our Product inventory is subject to change.
4.3 Taxes
You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of Products. We will collect applicable sales tax if we determine that we have a duty to collect sales tax. We will present any taxes that we are required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.
4.4 Shipping; Risk of Loss
You agree to pay any shipping and handling charges shown at the time you make a purchase in accordance with our shipping policies available here. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage passes to you upon delivery of the Products to your specified delivery location.
4.5 Returns and Cancelling or Changing an Order
You may return or exchange any unused Outdoor Voices Products in accordance with our returns and exchange policy available here.
4.6 Errors
We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all Product descriptions, photographs, pricing and other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order or delivering a Product, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.
5 User Content
Our Services may allow you to create, post, store and share content, including messages, text, photos, videos and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Outdoor Voices.
You grant Outdoor Voices a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully- paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username and date of Product review) will be visible to the public. You may not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above.
6 Prohibited Conduct and Content
You will not violate any applicable 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 our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and Outdoor Voices;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Bypass or ignore instructions contained in our robots.txt file, accessible at outdoorvoices.com/robots.txt, that controls automated access to portions of our Services; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- References or depicts Outdoor Voices or our Products or Services but fails to disclose a material connection to us, if you have one (for example, if you are an Outdoor Voices employee);
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Outdoor Voices or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
7 Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Outdoor Voices or our Services (collectively, “Feedback”), is non- confidential and will become the sole property of Outdoor Voices. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8 Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Outdoor Voices Content”) are owned by or licensed to Outdoor Voices and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Outdoor Voices and our licensors reserve all rights in and to our Services and the Outdoor Voices Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Outdoor Voices Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Outdoor Voices Content; (b) copy, reproduce, distribute, publicly perform or publicly display Outdoor Voices Content, except as expressly permitted by us or our licensors; (c) modify the Outdoor Voices Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Outdoor Voices Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Outdoor Voices Content other than for their intended purposes. Any use of our Services or Outdoor Voices Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
9 Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Outdoor Voices’ Designated Agent as follows:
Designated Agent: Copyright Agent Address:
Outdoor Voices
c/o Tucker & Latifi, LLP
160 East 84th Street
Suite 5E
New York, NY 10028
E-Mail Address: copyright@outdoorvoices.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may to liable to Outdoor Voices for certain costs and damages.
10 Transfer and Processing of Data
By accessing or using the Services, you consent to the processing and transfer of information relating to you, in and to the United States and other countries, which may have less adequate data protection laws than those found in your country of residency.
11 Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Outdoor Voices and our officers, directors, agents, partners and employees (together with Outdoor Voices, the “Outdoor Voices Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (collectively, “Claims”) arising out of or related to (a) your use or misuse of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify the Outdoor Voices Parties of any third party Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the Outdoor Voices Parties shall have control of the defense or settlement of any third party Claims.
12 Disclaimers
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services, including User Content.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Outdoor Voices does not represent or warrant that our
Services are accurate, complete, reliable, current or error-free. While Outdoor Voices attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
13 Limitation of Liability
To the fullest extent permitted by applicable law, the Outdoor Voices Parties will not be liable for any indirect, special, incidental or consequential damages of any kind arising out of or in any way related to the access to or use of the Services or the purchase of Products through the Services, including but not limited to any damages caused by or resulting from reliance on any information obtained from the Outdoor Voices Parties and from events beyond the Outdoor Voices Parties’ reasonable control, even if Outdoor Voices or the other Outdoor Voices Parties have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the total liability of the Outdoor Voices Parties for any claim arising out of or relating to these Terms, our Services or Products purchased through the Services, regardless of the form of the action, is limited to the greater of (a) the purchase price of the Product(s) giving rise to the claim or (b) $100.
The limitations set forth in this section will not limit or exclude the Outdoor Voices Parties’ liability for personal injury or property damaged caused by the Products you purchase through the Services or for the Outdoor Voices Parties’ gross negligence, fraud, intentional, willful, malicious or reckless misconduct.
14 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Outdoor Voices and limits the manner in which you can seek relief from us.
Except for any dispute arising out of or related to a violation of Section 6 or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Outdoor Voices waive your rights to a jury trial and to have any dispute arising out of or related to these Terms, our Services or Products purchased through our Services resolved in court. Instead, all disputes arising out of or relating to these Terms, our Services or Products purchased through our Services will be resolved through confidential binding arbitration held in New York, New York before and in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Outdoor Voices agree that any dispute arising out of or related to these Terms, our Services or Products purchased through the Services is personal to you and Outdoor Voices and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Outdoor Voices agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Outdoor Voices agree that for any arbitration you initiate, you will pay the filing fee and Outdoor Voices will pay the remaining JAMS fees and costs. For any arbitration initiated by Outdoor Voices, Outdoor Voices will pay all JAMS fees and costs. You and Outdoor Voices agree that the state or federal courts of the State of New York and the United States sitting in New York County have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms, our Services or Products purchased through our Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Outdoor Voices will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by emailing us at hello@outdoorvoices.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.
15 Governing Law and Venue
These Terms and your access to and use of our Services, including to purchase Products, will be governed by and construed and enforced in accordance with the laws of New York, without regard to conflict of law rules or principles (whether of the State of New York 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 cannot be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in New York County.
16 Changes to these Terms
We may make changes to these Terms from time to time. If we do make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. 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 using our Services.
17 Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
18 Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
19 Other Terms
The Crazy Egg Terms of Use (“Crazy Egg Terms”) and Privacy Policy shall apply with respect to the services provided by Crazy Egg in connection with our Services. In particular, you agree that the disclaimers of liability, the limitation of liability set forth in Section 10 (Limitation of Liability) and the terms of Section 15 (Arbitration and Class Action Waiver) of the Crazy Egg Terms shall apply in connection with your access to or use of Crazy Egg’s services. Crazy Egg and its affiliates shall be entitled to enforce this section as third party beneficiaries.
20 Miscellaneous
These Terms constitute the entire agreement between you and Outdoor Voices relating to your access to and use of our Services. The failure of Outdoor Voices to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
21 Name and Likeness Release
For good and valuable consideration the receipt, adequacy and sufficiency of which are hereby acknowledged, I hereby give Outdoor Voices and any parties working with Outdoor Voices permission to record or take (or acknowledge that such parties have recorded or taken) recordings and/or still photographs (“Footage”) of me at and around exercise events staged by Outdoor Voices. I further grant the right to include all or any portion of such Footage in any audiovisual offering distributed via any means or media in perpetuity (including distributions made for commercial purposes). I hereby waive any right that I may have to inspect or approve any finished product. I acknowledge and agree that I am not being compensated for my appearance and that the opportunity to appear constitutes sufficient consideration. I hereby represent and warrant that I have the right to make this release and that my granting this release and the rights conveyed thereby will not infringe the rights of any third party.
22 Liability Release and Hold Harmless
I hereby release and forever discharge and agree to hold harmless Outdoor Voices and any parties working with Outdoor Voices on the staging of any exercise events (including, but not limited to, owners/operators of the venue where such events are taking place and any media distribution entities involved in the promotion or recording thereof), and each of its/their parent, subsidiary, and affiliated companies, and the officers, employees, and agents of each (each such entity or individual, a “Released Party”) of and from any and all losses, damages, claims, liabilities or expenses of any kind or nature (and whether accruing to me, my heirs or my personal representatives) including without limitation for injuries (including personal injury and death), illness, or any other cause, whether or not caused or alleged to be caused in whole or in part by the action, negligence, failure to act or condition of the property, facilities or equipment of any Released Party and that arise out of or in connection with the event or my participation therein or attendance thereat.