Terms and Conditions of Use - Last revised April 2012
Welcome to our online store! Outdoor Living and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
The information contained in the Outdoor Living website is subject to change without notice, including the terms regarding use of the Outdoor Living website. By visiting or shopping with Outdoor Living following such changes, you agree to be bound by and follow these terms as they have been changed.
Outdoor Living respects your privacy. When accessing our website, Outdoor Living will obtain certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site. Outdoor Living will not sell or otherwise transfer any such personal information to individuals or entities outside of Outdoor Living without your approval. Outdoor Living will not give out any information in regards to your online order information. Outdoor Living reserves the right to change this policy at any time. This statement and the policies outlined here are not intended to, and do not, create any contractual or other legal rights in or on behalf of any party.
When you visit Outdoor Living or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Outdoor Living or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Outdoor Living, with copyright authorship for this collection by Outdoor Living, and protected by international copyright laws.
Outdoor Living's trademarks and trade dress may not be used in connection with any product or service that is not Outdoor Living's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Outdoor Living. All other trademarks not owned by Outdoor Living or its subsidiaries 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 Outdoor Living or its subsidiaries.
Receipt of an e-mail order confirmation or order number shall not be considered in any way acceptance of an order or confirmation of an offer to sell. Outdoor Living reserves the right to place limits on the order quantity of any item and the right to refuse service to any customer. You may be asked to verify information before an order is accepted. Product price and availability are subject to change without notice. In the event of an error, Outdoor Living reserves the right to at any time, including after an order is placed, revoke any previously published offers and correct errors of any sort
LICENSE AND SITE ACCESS
Outdoor Living 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 Outdoor Living. 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, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Outdoor Living. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Outdoor Living and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Outdoor Living's name or trademarks without the express written consent of Outdoor Living. Any unauthorized use terminates the permission or license granted by Outdoor Living. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Outdoor Living so long as the link does not portray Outdoor Living, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Outdoor Living logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Outdoor Living and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Outdoor Living reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Outdoor Living and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Outdoor Living and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Outdoor Living or its associates for all claims resulting from content you supply. Outdoor Living has the right but not the obligation to monitor and edit or remove any activity or content. Outdoor Living takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Outdoor Living are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Outdoor Living and its associates attempt to be as accurate as possible. However, Outdoor Living does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Outdoor Living itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY OUTDOOR LIVING ON AN "AS IS" AND "AS AVAILABLE" BASIS. OUTDOOR LIVING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OUTDOOR LIVING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUTDOOR LIVING DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OUTDOOR LIVING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUTDOOR LIVING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS 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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Outdoor Living, you agree that the laws of the state of Texas, United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Outdoor Living or its associates.
Any dispute relating in any way to your visit to Outdoor Living or to products you purchase through Outdoor Living shall be submitted to confidential arbitration in Texas, United States of America, except that, to the extent you have in any manner violated or threatened to violate Outdoor Living's intellectual property rights, Outdoor Living may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, 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 the American Arbitration Association. 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.
In accordance with Outdoor Living's return policy, if for any reason you are not fully satisfied with your purchase, you may return it with the original packing receipt within 30 days from the date of purchase. Depending on the original manufacturer of the product, the warranty period may differ. Warranty periods are subject to change without notice. Additional restrictions apply. Please review the return policy for further clarification.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Return & Exchange policy, posted on this site. These policies also govern your visit to Outdoor Living. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.