Outdoor provides you with access to a variety of resources on its website. These include information, payment options, and related services (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Unless otherwise specified, the Services are for your exclusive use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Any software available for use or download from the Services (“Software”) is the copyrighted work of Outdoor and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, which accompanies the Software (“License Agreement”). Third party scripts or code, linked to, or used on the Outdoor website, are licensed to you by the third parties that own such code, not by Outdoor.
YOU FURTHER AGREE THAT OUTDOOR SOFTWARE AND WEBSITE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TOU. EXCEPT AS STATED OTHERWISE IN THE TOU, OUTDOOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information, as prompted by the applicable registration form.
If required you will choose a username, password and an appropriate method of payment. You are entirely responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify Outdoor immediately of any unauthorized use of your account or any other breach of security.
To the maximum extent permitted by North Carolina law, Outdoor will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Outdoor or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful (under state, federal, or local law) or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Outdoor server, or the network(s) connected to any Outdoor server, or interfere with any other party’s use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Outdoor server or to any of the Services.
You understand and agree that Outdoor may process funds that you owe Outdoor or third parties.
You understand that in certain instances, Outdoor forwards these funds or payments to the third parties. At all times, all such funds are the property of the third party. In the event of a dispute, or differences with, the third party, you agree to communicate with, seek recourse from and/or proceed directly against, the third party. You specifically agree not to seek any recovery, or offset, against these funds from Outdoor.
You also understand and agree that third parties forward funds to Outdoor as payment. You understand that Outdoor processes these funds in accordance with its contract with the third party. At all times, all such funds are Outdoor property. In the event of a dispute or differences with the third party, you agree to communicate with, and/or proceed directly against, the third party, and not to seek any recovery, or offset, against these funds from Outdoor.
In the event of a dispute arising out of, or in connection with, these TOU, you and Outdoor waive your right to litigate these issues in any state or federal court, or to have them tried by jury. Provided however, you or Outdoor may seek immediate and temporary injunctive relief from a court of competent jurisdiction sitting in Raleigh, North Carolina, till such time as an arbitrator is appointed. All issues will be resolved through binding arbitration in Raleigh, North Carolina. You and Outdoor agree to enter arbitration through the American Arbitration Association and abide by the Commercial Arbitration Rules of the American Arbitration Association.
The arbitration shall be conducted by a single arbitrator. If you and Outdoor cannot agree on an arbitrator within 14 days of commencement of an arbitration proceeding by service of a demand for arbitration, the American Arbitration Association shall select the arbitrator.
The laws of the State of North Carolina will be applied in the arbitration proceedings, without regard to principles of conflicts of laws. You and Outdoor agree to abide by any award issued by the arbitrator and the judgement of any court with jurisdiction may be entered on the award.
The cost of the arbitration will be determined by the arbitrator. You and Outdoor will be responsible for your own litigation fees. The arbitrator may award fees or costs to the prevailing party as permitted by North Carolina law.
LINKS MAY LET YOU LEAVE OUTDOOR’S SITE. YOU UNDERSTAND AND AGREE THAT THE LINKED SITES ARE NOT UNDER THE CONTROL OF OUTDOOR. OUTDOOR IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. OUTDOOR IS NOT RESPONSIBLE FOR ANY TRANSMISSION RECEIVED FROM ANY LINKED SITE. OUTDOOR PROVIDES ANY LINKS TO YOU SOLELY AS A CONVENIENCE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY OUTDOOR. USE OF THE LINK, SITE, OR SOFTWARE IS EXCLUSIVELY AT YOUR OWN RISK.
In the event that a court or arbitrator of competent jurisdiction determines that any portion of these TOU is unenforceable, the remaining terms shall continue to be in full force and effect.
You understand and agree that you have had the opportunity to review these terms, and if necessary, consult with counsel of your choice. These terms shall be interpreted as if drafted by both parties. They shall not be construed as against any party as the drafter.
Outdoor shall not be liable for any indirect, special, punitive, exemplary or consequential damages, or incidental losses or damages of any kind, including, but not limited to, lost profits, lost savings or loss of use of facilities or equipment, regardless of whether arising from breach of contract, warranty, tort, strict liability or otherwise, even if advised of the possibility of such loss or damage, or if such loss or damage could have been reasonably foreseen.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUTDOOR’S TOTAL LIABILITY FOR DAMAGES EXCEED THE AMOUNTS ACTUALLY PAID TO OUTDOOR BY YOU IN THE TWELVE MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. This limitation of liability applies to Outdoor, its affiliates, officers, employees, agents, or any entity connected with or related with Outdoor, and applies to any claim arising out of, in connection with, or related to this TOU.
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