Effective March 2023
Welcome to Outdoor Industry Organization (together with affiliated non-profit organization, Outdoor Foundation, “OIA,” “we” or the “Company”), owner and operator of outdoorindustry.org. These terms of service (“Terms”) serve as an agreement between you and OIA and governs your access to and use of outdoorindustry.org and any services or products it makes available to you online (collectively, the “Site”). By using the Site or by using any of the features or functionality made available at the Site or submitting any information to us via the Site, you signify your assent to both these Terms of Use and to the terms and conditions of Our Privacy Policy available at outdoorindustry.org/privacy.html, which is incorporated herein by reference.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE TERMS OF OUR PRIVACY POLICY, PLEASE DO NOT ACCESS, BROWSE OR USE THE SITE.
- SITE ACCESS
Subject to these Terms set forth herein, you are granted permission to use the Site solely for your personal, noncommercial use. Without limiting the foregoing, you (a) will not copy or distribute the Site or any part thereof or any content contained therein, in any medium or form whatsoever, without our prior express written authorization; (b) will not alter or modify any part of the Site; (c) will otherwise comply with these Terms of Use; (d) will not collect or harvest any personally identifiable information from the Site or our systems, networks, or servers, nor use the Site for the purposes of any type of solicitation whatsoever, whether commercial or otherwise; and (e) will not use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, operators of public search engines may use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. In order to access some features of the Site, you will have to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although We will not be liable for any losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to such unauthorized use. You may not access another user’s account without such user’s permission.
WE MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCOUNT, PASSWORD, AND/OR ACCESS TO THE SITE AT ANY TIME AND WITHOUT PRIOR NOTICE.
- PRIVACY POLICY
Our Privacy Policy is incorporated herein by reference and forms a part of these Terms of Use and describes the collection and use of your information. By using the Site, you expressly consent to receive electronic communications and notices from us or from any of our third party business partners and/or service providers that participate in the function and use of this Site. You agree that any notice, agreement, disclosure or other communications electronically sent to you will satisfy any legal communication requirements, including that such communications be in writing.
MEMBERSHIP AUTORENEWAL TERMS
This paragraph applies to you only if you have agreed to an automatically renewing membership with OIA. The amount you are billed will depend on the type of membership that you choose. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your designated payment methods. You can view the specific details regarding your subscription by visiting your account. We may change our membership plans and the price of our memberships from time to time; however, any changes will be communicated to you before they take effect. If you do not wish to accept the change to your membership plan, you can cancel your subscription before your membership renews.
- INTELLECTUAL PROPERTY OWNERSHIP
All content on the Site, including without limitation, any text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All Content on the Site is provided to you “AS IS” and “WHERE IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our express, prior written consent. We expressly reserve all rights not expressly granted under these Terms of Use in and to the Site and the Content and, except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. We reserve the right to revoke your license and terminate your access rights to the Site with or without notice to you at any time for any reason, including but not limited to your express violation of the limited license provided to you. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content.
- LICENSE OF YOUR CONTENT TO OIA
By posting, publishing, uploading, or distributing any messages, data, information, text graphics, links, content, or other materials, including without limitation any press releases (each and collectively, the “Postings”) for use on this Site, you hereby grant to us, (or warrant that the owner of such rights has expressly granted to us) a perpetual, irrevocable, royalty-free, non-exclusive, and transferable license to use, reproduce, publish, store and publicly display the Postings in any form, medium, or technology now known or later developed, subject to the terms and restrictions set forth in our Privacy Policy, in connection with: (a) the purpose, functionality, and operation of the Site in the ordinary course of business, and (b) the promotion, marketing or redistribution of part or all of the Site (and derivative works thereof). Postings will not be treated as confidential. Depending on the information you provide, your Postings may potentially be identifiable to professional or business matters involving you or your practice. We request that you do not post information in the Site regarding any specific situations or matters that you consider to be confidential.
For the avoidance of doubt, subject to the foregoing license grant, as between us and you, you retain all ownership rights in your Postings, provided, however, that any licenses granted hereunder shall be perpetual and subject only to the restrictions set forth in Our Privacy Policy, as such may be amended from time to time. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in the Postings you provide to OIA. You also warrant that any “moral rights” in posted materials have been waived, and that you are not entitled to any compensation for such use.
- USER POSTINGS
In the members-only portion of our Site, we offer a unique opportunity for you to post and share certain Postings, including press releases and other industry news, via our systems, networks, and servers and to publish, display, distribute, reproduce and/or perform such Postings, or any derivative work thereof, via the Site. OIA members may download documents posted by other members or post documents that they create. By posting a document on the Site, you: (a) acknowledge the document is available to all OIA members and other visitors to the Site; (b) acknowledge that, after posting a document, you have no control over who downloads the document or how others will use the document; and (c) expressly agree to such third-party use of your document. We do not scan any Postings for viruses or other undesirable components and will not be responsible for any harm, inconvenience or damages to you or others that may result because a Posting contained viruses or other undesirable components. It is your responsibility to take appropriate steps to make certain that your Postings are free of viruses and other undesirable code before proceeding with your upload or download.
Please note that the creator of the document retains complete ownership of the intellectual property rights (including copyright) in the document. By downloading a document from the Site, you agree not to infringe or misappropriate the intellectual property rights of the document owner. You may only use the document for non-commercial uses, and cannot distribute the document without the consent of the owner. At no time are you permitted to remove any copyright or proprietary notices on the pages of a document. OIA assumes no responsibility for the accuracy of the documents or for any violation of the intellectual property rights of the owner of the documents. OIA expressly disclaims any and all liability related to the uploading and downloading of documents on the Site. You may not:
- submit Postings that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to us all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage us or any third party;
- post, publish, upload or distribute any Postings that are defamatory, obscene, abusive, threatening, or that would otherwise violate any law on any interactive forum or that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- post material that solicits funds, or that advertises or solicits goods or services;
- post material known to be false;
- post or transmit any information, software or other material that contains a virus or other harmful component;
- post any promotions, political campaigning, or solicitations; post any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- post any material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type, or
- impersonate another person.
- RESPONSIBILITY FOR REVIEW
We in no way endorse or support the opinions of others or accept liability for those opinions. We are not responsible for material appearing on the Industry News page on the Site or the OIA Member Press Release page, except for material signed by an identified representative of OIA. If you direct us to store a User Submission and/or a Posting on our networks, systems or servers and/or otherwise make a Posting available via the Site, you shall, and hereby do, agree and acknowledge that: (a) except as set forth herein, we do not edit, review, select, censor or otherwise control the publication of any Posting, including, without limitation, for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason (b) all Postings are published by you and reside on our systems, networks, or servers at your sole direction, (c) you shall be solely responsible for any Postings uploaded, stored, published, or otherwise copied, distributed or displayed by us at your direction, and (d) we do not guarantee any confidentiality with respect to any Postings that you choose to upload and store on our networks, systems or servers and publish or otherwise copy, distribute, perform or otherwise display using the Site. Further, although we retain the right, at any time and for any reason or no reason at all, to edit, modify or remove Postings that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable, you acknowledge that we are under no obligation to do so. Notwithstanding the foregoing, and in compliance with Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) and Section 230 of the Communications Decency Act, we reserve the right, in our sole discretion, to refuse, remove or delete any Posting at any time and for any reason. Whether or not we modify or remove such Postings, you remain solely responsible for the content of your Postings.
- LINKING TO OUR SITE
If you link to the Site, you agree not to: (a) remove or obscure, by framing or otherwise, any portion of the homepage, including but not limited to the Terms of Use and the Privacy Policy; (b) imply that the Site or OIA is endorsing you or your products and services; (c) imply an affiliation between you and the Site or OIA without our prior written consent; (d) present false or misleading impressions about our products and services; or (e) link to materials that may be interpreted as distasteful or offensive. In establishing links, you must not represent in any way, expressly or implicitly, that you have received our endorsement, sponsorship or support. You agree to remove any links you have to the Site upon our request.
- JOBS BOARD
The Site hosts a careers page at https://careers.outdoorindustry.org/, which is run by a third-party unaffiliated with the Company. We do not post any jobs postings on this page, nor do we monitor the page or any jobs postings. These Terms do not apply to this specific page, which is subject to a separate terms of use policy, found here, and a separate privacy policy, found here. We disclaim all warranties with regards to the Jobs Board.
- THIRD-PARTY LINKED PAGES
The Site may contain links to third-party websites, advertisers, services (such as payment processing), special offers, or other events or activities that are not owned or controlled by us. Once or twice a year, we may post information on the Site relating to upcoming local, state, and/or federal elections, including information on how to register to vote and where to find information on candidates. By doing so, we are not endorsing any candidate, party, or policy, and are providing the information solely for informational purposes. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
If you access a third party website from the Sites, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly release us from any and all liability arising from your use of any third-party website, service, or Content. Your dealings with or participation in promotions of advertisers found on the Sites, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that G/O shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers or entities.
- PASSWORDS
You are responsible for maintaining the confidentiality of your UserID and password, if any. You agree to notify us as soon as you discover any unauthorized use of your password.
- DIGITAL MILLENNIUM COPYRIGHT ACT
We adhere to the following notice and take down policy, in full compliance with Section 512I(3) of the DMCA (17 U.S.C. § 512 et seq.). We may remove any materials posted on the Site upon receipt of notification alleging that such material infringes on the intellectual property rights of another (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (a) be provided to our designated agent, (“Copyright Agent”), and (b) must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent to receive DMCA Takedown Notices is:
Copyright Agent for Notice
Outdoor Industry Association
4909 Pearl East Circle, Suite 200
Boulder, CO 80301
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service through info@outdoorindustry.org. You acknowledge that in order for us to takedown any materials, your DMCA Takedown Notice must comply with all of the requirements set forth above. Upon receipt of a valid DMCA Takedown Notice, we may (i) remove the allegedly infringing materials, or disable access thereto, and (ii) take reasonable steps to contact the provider of such allegedly infringing materials. Upon receipt of a conforming response to your DMCA takedown Notice, We may replace the removed materials within 10 business days unless you provide a court order to restrain us from doing so.
- DISCLAIMERS
THE SITE, AND ALL SERVICES AND MATERIALS ON THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WHERE IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND YOU AGREE THAT YOUR USE OF ANY OF THE FOREGOING SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTENT (INCLUDING THE JOBS BOARD PAGE), AND ANY NETWORK, SYSTEMS, AND/OR SERVERS RELATED THERETO, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR THAT YOUR USE OF THE SITE, WILL MEET YOUR EXPECTATIONS, BE UNINTERRUPTED, VIRUS OR ERROR-FREE, OR COMPLETELY SECURE OR THAT DEFECTS WILL BE CORRECTED.. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF; (D) YOUR USE OF THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR OR OUR SERVICE PROVIDERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE HEREBY GRANT THE MINIMUM EXPRESS AND IMPLIED WARRANTIES REQUIRED BY SUCH APPLICABLE LAW. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE OR THE CONTENT OR POSTINGS WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE. WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT OR POSTINGS AVAILABLE ON OR THROUGH THIS SITE WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO ITS FEATURES, FUNCTIONALITY, CONTENT OR POSTINGS AT ANY TIME. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, SERVICES, OPINION, ADVICE, OR RECOMMENDATION, PROMOTED, ADVERTISED OR OFFERED ON THE SITE OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, CONTENT, AND/OR ANY INTERACTIVE AREA THEREOF, OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE ARE NOT A PARTY TO AND ARE NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING BUT NOT LIMITED TO OIA BUSINESS PARTNERS SUCH AS FED EX, ETC.). AS WITH ANY OTHER MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN ENTERING INTO TRANSACTIONS ONLINE.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS, AND THEIR OR OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS, AND/OR THEIR OR OUR OWNERS, SUBSIDIARIES, OR AFFILIATES, BE LIABLE FOR, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH (A) ANY USE OF, OR INABILITY TO USE, THE SITE AND/OR ANY MATERIALS ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR OR OUR PROVIDERS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING LIMITATION OF LIABILITY, IN WHICH CASE YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION. AND IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SITE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE AND/OR THE CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED THEIR ESSENTIAL PURPOSE.
- TRADEMARKS
The “Outdoor Industry Association” and the Outdoor Industry Association logo are registered and/or common law trade names, trademarks, or service marks of the Outdoor Industry Association. All other products, company names or other trademarks or service marks appearing on the Site are the property of their respective owners. Nothing contained in the Site, these Terms of Use or our Privacy Policy shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on the Site without our prior written permission and/or the prior written permission of the respective owners.
- INDEMNITY
You agree to defend, indemnify and hold OIA, its representatives, officers, directors, and employees harmless from and against all liabilities, claims, costs, and expenses, including attorneys’ fees that arise with your use of the Site, your violation of the Terms of Use, your Postings, your downloading or transmission of all communications or material on this Site or your violation of applicable law.
- ABILITY TO ACCEPT TERMS OF USE
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.
- UNLAWFUL ACTIVITY
OIA reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary to appropriate persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
- GOVERNING LAW
By using this Site, you agree and acknowledge that this Site is hosted in the United States and is intended for and directed to users physically located within the United States. If you are attempting to access this Site from a physical location within the European Union, Canada, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Site, which are governed by U.S. law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to (i) to such transfer, (ii) the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to this Privacy Policy and/or your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and (iii) the exclusive jurisdiction of the courts of the United States or the State of Colorado. Any claim or dispute between you and us that arises in whole or in part from your use of our Site or in connection with this Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Denver, Colorado U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
- INJUNCTIVE RELIEF
In the event you breach or threaten breach of these Terms of Use, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to enjoin your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
- SEVERABILITY OF PROVISIONS
If any provision(s) of these Terms of Use is/are found unlawful, void, or for any reason unenforceable, then that provision(s) will be considered severable from the remaining provisions, and will not affect the validity and enforceability of the remaining provisions.
- MODIFICATIONS TO TERMS OF USE
From time to time, we may revise these Terms of Use. To help you stay current of any changes, we note the date these Terms of Use were last updated below, so you know if it has changed since your last visit. Your use of this Site following the posting of any revised Privacy Policy shall be deemed acceptance of the revised policy, so We strongly recommend that you check back periodically to review these Terms of Use. If you disagree with the terms of any Terms of Use at any time, your sole remedy is to terminate your use of the Site and inform us of such termination as described in these Terms of Use. Continued use of the Site constitutes your agreement to any Terms of Use as in effect.
- CONTACT US
Any questions or concerns regarding these Terms of Use should be directed to info@outdoorindustry.org.
Legal Notices
Copyright © 2022, Outdoor Industry Association. All rights reserved. Some portions of this Site are used under license. All brands and product names are trademarks or registered trademarks of their respective owners.