Effective Date: May 14th, 2026 

These Terms of Use ("Terms") govern your access to and use of the websites, mobile applications, and online services operated by Outerknown, LLC, together with our affiliates (collectively referred to as ““Outerknown”,” "we," "us," or "our"), including, without limitation, http://www.outerknown.com, our online store (the “Site”) and any related websites, mobile applications, and online services that link to these Terms (collectively, the "Services"). The terms “you,” “your,” and “user” refer to anyone who accesses or visits a Service. 

IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND OUTERKNOWN ARE RESOLVED, INCLUDING A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, A CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND A JURY TRIAL WAIVER. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 17 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES TO BE SUBMITTED TO INDIVIDUAL, BINDING, AND FINAL ARBITRATION. IN ADDITION: (1) YOU AND OUTERKNOWN WILL ONLY BE PERMITTED TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN COURT OR TO HAVE A JURY TRIAL FOR ANY CLAIMS.  

1. Acceptance of Terms

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services. Capitalized terms used but not defined in these Terms have the meaning given to them in our other policies (e.g., Privacy Policy). 

2. Description of the Services

Subject to the terms and conditions specified herein, the Services provide you with information regarding Outerknown products and allows you to purchase such products (the “Products”) through our Site. The Services also allow you to establish an account, post reviews (or other user generated content), sign up for Product waitlists and/or our e-mail; newsletter, participate in a contest or promotion, submit feedback or user comments, complete optional surveys, contact customer service or otherwise interact with Outerknown. 

3. Eligibility and Geographic Scope 

Eligibility. The Services are intended for users who are the age of majority in their jurisdiction and who can form legally binding contracts under applicable law. By using the Services, you represent and warrant that you meet these eligibility requirements. 

4. Privacy

Your use of the Services may require you to provide us with certain personal information. Please review our privacy policy, available https://www.outerknown.com/pages/privacy-policy (“Privacy Policy”) for details about our personal information practices. The Privacy Policy is incorporated into these Terms by reference. 

5. Additional Terms

In some instances, additional or different terms, posted on the Services, may apply to your use of certain parts of the Services (individually and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise. 

6. Proprietary Rights 

As between you and Outerknown, Outerknown and our licensors own, solely and exclusively, all rights, title and interest in and to the Services, all of the content (including, but not limited to, all text, audio, photographs, images, illustrations, renderings, drawings, reports, papers, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, other visuals, video and copy), software, code, data, information and other materials thereon (collectively, the “Content”), the look and feel, design and organization of the Services, and the compilation and arrangement of the Content on the Services, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Services does not grant to you ownership or title of, in or to any Content or any other part of the Services and, except for the limited rights and licenses granted under these Terms, you are not granted any right or license to use, reproduce, duplicate, copy, sell, resell, access, modify, or otherwise exploit, in whole or in part, any Content or any other part of the site or Services for any purpose without Outerknown’s express, prior written consent.  

Any trademarks, logos and service marks appearing on the Services are the intellectual property of Outerknown, our licensors or certain other third parties. The Outerknown name, logo, trademarks, service marks, designs, trade dress, and all Product-related content and materials (including packaging designs, phrases and product names) contained within the Services are the exclusive intellectual property of Outerknown. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark or trade name displayed thereon without the prior written permission of the applicable rights holder. The use of third-party trademarks, logos, service marks or trade names on the Services does not, in itself, constitute an endorsement of any third party or its products or services, or such third party’s endorsement of Outerknown. 

7. Limited Permission to Access and Use the Services

Subject to your compliance with these Terms, Outerknown grants you a personal, limited, terminable, non-exclusive, non-transferable right to access the Services and use the Services solely for lawful purposes and only in accordance with the Terms. Your right to access the Services and use the Services shall automatically terminate upon any violation of these Terms. These rights are non-exclusive, limited, and revocable by Outerknown at any time in our sole discretion without advance notice or liability. As your right to access the Services and use the Services is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only: 

Any unauthorized use or abuse of these intellectual property or works is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law. 

8. Services and the Content Restrictions

Services Use Restrictions.  You agree that you will not: (i) use the Services for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any intellectual property; (iii) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Outerknown; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever or modify any Services source or object code or any Software or other products, services, or processes accessible through any portion of the Services; (v) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Outerknown, or other users of the Services; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Services or any feature that restricts or enforces limitations on use of or access to the Services, the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms. 

Content Use Restrictions.  You also agree that, in using the Services, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other intellectual property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted by us, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Outerknown or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Services. 

9. Products; Orders

The Products available for purchase on our Site are for your personal use only. You may not sell or resell any of the Products that you purchase or otherwise receive from us or otherwise use the Services for any commercial purposes. Please note that we will track the purchases you make through the Services.  

We reserve the right to refuse service to anyone or discontinue any Products for any reason at any time. We reserve the right, but are not obligated, to (i) limit the sales of Products or availability of the Service to any person, geographic region or jurisdiction; (ii) limit the quantities of Products available for purchase per order; (iii) discontinue any Products at any time; and (iv) refuse or cancel any order for any reason. We further reserve the right to: (a) limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors; and (b) limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

We attempt to be as accurate as possible when describing the Products on the Services; however, items may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Service or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. In addition, the technical specifications and settings of your Device and its display could affect the accuracy of its display of the colors of Products offered on the Services. 

FOR THESE REASONS AND OTHERS, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THE SERVICES, INCLUDING PRICES, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND INDICATIONS OF AVAILABILITY. WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION, INCLUDING PRODUCT DESCRIPTIONS AND PRODUCT PRICING, AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME, WITHOUT PRIOR NOTICE, INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER. 

Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on the Services, including, without limitation, pricing information, except as required by law. No specified update to the Services should be taken to indicate that all of the information on the Services has been modified or updated. 

Prices and availability of Products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account. 

You agree to pay any shipping and handling charges shown at the time you make a purchase. 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. Please refer to our Shipping Information  for more information regarding shipping. 

We will collect applicable sales tax on Products shipped to the countries, states and/or regions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. Unless you provide us with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for all sales and other taxes associated with the order. 

Please refer to our Returns & Exchanges Policy for more information regarding returns. 

10. User Content

10.1 General.  OUTERKNOWN may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook, Instagram, TikTok or other social media pages, in response to our posts, through a sweepstakes or contest, that you have posted or uploaded to your own social media accounts that are tagged with any OUTERKNOWN promoted hashtag, or by otherwise sending it to us) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User Content”).  You may submit User Content through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, gameplay, social communities, contact us tools, chat tools, email, and other communications functionality.  Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content. 

10.2 Non-Confidentiality of Your User Content.  You agree that (a) your User Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Outerknown does not assume any obligation of any kind to you or any third-party with respect to your User Content. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; accordingly, you acknowledge and agree that your User Content is submitted at your own risk. 

In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to Products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials that you submit are deemed User Content and licensed to us as set forth below.  In addition, we retain all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.  Our receipt of your Unsolicited Ideas and Materials is not an admission by us of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. 

10.3 License to Your User Content.  Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your User Content, or in our Privacy Policy, you hereby grant Outerknown the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.  Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing Products and/or services.  You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so.  In order to further effect the rights and license that you grant to us to your User Content, you also, as permitted by applicable law, hereby grant to us and agree to grant to us the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you.  Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution, anonymity, and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 10. 

10.4 Right to Manage our Service.  We may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and we may, in our sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third-party in connection with our operation of User Content venues in an appropriate manner.  Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms.  Such User Content submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such User Content on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display as provided for in our Privacy Policy. 

10.5 Representations and Warranties Related to Your User Content.  Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Outerknown the rights to it that you are granting by these Terms, all without any obligation on us to obtain consent of any third-party and without creating any obligation or liability of Outerknown (b) the User Content is accurate; (c) the User Content does not and, as to Outerknown’s permitted uses and exploitation set forth in these Terms, will not, infringe any intellectual property or other right of any third-party or any applicable law or regulation; and (d) the User Content will not violate these Terms, or cause injury or harm to any person. 

10.6 Restrictions.  In addition to and without limiting your other obligations under these Terms, when you submit any User Content, you agree to all of the following: 

10.7 Enforcement.  Outerknown has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including initiating actions in your name and on your behalf (at Outerknown’s cost and expense, to which you hereby consent and irrevocably appoint Outerknown as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). 

11. Promotions

The Sites may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Sites, you signify your agreement and acceptance of these Terms and any applicable sweepstakes or contest rules which we may provide. 

12. SMS Terms of Service

If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing, promotional, and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate. These may include cart abandon or reminder messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this program at any time by replying “STOP” to any Text Message you receive from us or by clicking the unsubscribe link (where available). For help, send an email to customercare@outerknown.com. Your mobile providers’ message and data rates may apply to our confirmation Text Message and to all subsequent Text Messages according to your individual rate plan provided by your wireless carrier.  Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text Messages, you may not receive our Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy. 

13.  Linked Sites

The Services may contain links to other Internet sites, applications and resources. Links found on the Services may let users leave the Services and go to sites operated by parties other than the Outerknown, including sites for payment processing, engagement with the Services or other functions. We do not endorse, and are not responsible or liable in any way for any content, advertising, services or goods on or available from such linked sites, applications or resources. The linked sites, applications or resources are not under our control and we are not responsible for the contents of any linked site, application or resource, or any link contained in a linked site, application or resource that is not owned and operated by us, or any changes or updates to such sites, applications or resources. Such links to sites, applications or resources maintained by third parties do not constitute an endorsement, guaranty, or warranty by us, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between us, or any of our affiliates, and any linked third party or their content. We do not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their sites, applications or resources. Third parties’ sites are not subject to our Terms of Service or Privacy Policy. You should carefully review the privacy statements and other conditions of use on each such third party site, application or resource. 

14. Disclaimer of Warranties

YOU UNDERSTAND THAT THE USE OF THE SERVICES MAY INVOLVE THE TRANSMISSION OF COMMUNICATIONS, INCLUDING YOUR DATA, OVER VARIOUS NETWORKS, AND THAT NO METHOD OF COMMUNICATING OVER THE INTERENT CAN BE GUARANTEED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THEREFORE, YOU AGREE THAT OUTERKNOWN PARTIES (AS DEFINED BELOW) WILL NOT BE LIABLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY DATA, INFORMATION OR CONTENT TRANSMITTED BY YOU TO OR THROUGH THE SERVICES. 

AS PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY PRODUCTS, CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES, ARE PROVIDED "AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUTERKNOWN AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “OUTERKNOWN PARTIES”)  DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  

OUTERKNOWN MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT (I) THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE AND (IV) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICES WILL BE CORRECTED. OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE OUTERKNOWN’S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. THE OUTERKNOWN PARTIES ARE NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE PLATFORM OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUTERKNOWN PARTIES MAKE NO, AND DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SUFFICIENCY OF THE SECURITY MEASURES USED FOR DATA HANDLING AND STORAGE, AND OUTERKNOWN PARTIES WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION. 

OUTERKNOWN PARTIES ARE NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION TRANSMITTED VIA THE INTERNET, THE ACCURACY OF THE INFORMATION CONTAINED ON THE SERVICES, OR FOR THE CONSEQUENCES OF ANY RELIANCE ON SUCH INFORMATION. YOU MUST MAKE YOUR OWN DETERMINATION AS TO THESE MATTERS. OUTERKNOWN PARTIES SHALL NOT BE LIABLE FOR DAMAGES AS A RESULT OF ANY DELAY OR OTHER FAILURE OF PERFORMANCE DUE TO CAUSES BEYOND THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF A USER OR ANY OF ITS REPRESENTATIVES, ACTS OF MILITARY OR CIVIL AUTHORITIES, GOVERNMENTAL ORDER, FIRE OR OTHER CASUALTY, STRIKES, LOCKOUTS, WEATHER, EPIDEMIC, PANDEMIC, WAR, RIOT, TERRORISM, TELECOMMUNICATIONS INTERRUPTIONS OR COMPUTER VIRUSES. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. 

15. Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, SHALL OUTERKNOWN PARTIES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE PRODUCTS OR ANY MATERIALS ON THE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR INFORMATION AVAILABLE ON THE SERVICES.  THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AN OUTERKNOWN PARTIES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100), OR THE AMOUNT YOU HAVE PAID OUTERKNOWN IN CONNECTION WITH A PRODUCT OR SERVICE UNDERLYING THE CLAIM, AND ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SERVICES (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. 

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. 

16. Indemnification

You agree to indemnify, defend and hold harmless Outerknown and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (a) your use or misuse of the Services or any goods and services available or purchased on or through the Services; (b) the use of your User Content; (c) any access to and/or use of your account (including by you or by any other person accessing or using your account); (d) your breach or alleged breach of any term of these Terms, our Privacy Policy, or any other policy posted on the Services applicable to your use of the Services; and (e) any illegal, unlawful, or wrongful conduct by you and/or any conduct by you that violates (or causes another person to violate) any applicable law, rule or regulation. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. 

17. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH OUTERKNOWN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 17 OF THESE TERMS SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT". 

Any dispute, claim, or controversy arising out of or relating in any way to your visit to, or use of, the Site, the Products, the Services, any purchase, or otherwise related to the Terms, including those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms and this Arbitration Agreement (collectively, “Dispute” or “Disputes”) whether such Disputes arose on or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement.  Neither you nor we will be able to sue in court in connection with a Dispute. All Disputes, (whether contracts, tort, or otherwise), including all statutory claims and disputes, must be resolved through binding individual (non-class) arbitration, except that you and Outerknown are not required to arbitrate any: (i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action, or (ii) disputes or claims where the only relief sought is injunctive relief. You indicate your acceptance of these Terms, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms. 

You and Outerknown intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16. 

The rules in arbitration are different than the rules in court. There's no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would. More information on the rules in arbitration is provided below. 

Informal Dispute Resolution: First we would like to address any Disputes without the need for arbitration. If you have a Dispute with Outerknown that is subject to arbitration, then prior to initiating arbitration, you agree to mail an individualized request ("Pre-Arbitration Demand") to Outerknown, 2330 Faraday Ave, Suite 200, Carlsbad, CA 92008, Attn: Legal Department, so that we can work together to resolve the dispute. A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. The Pre-Arbitration Demand must include: (i) your name, telephone number, email address, and mailing address, (ii) the name, telephone number, mailing address, and email address of your counsel, if any, (iii) a description of your dispute, and (iv) your signature. Likewise, if Outerknown has a Dispute with you, Outerknown will send an email or mail with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address or mailing address associated with your account. If the dispute is not resolved within sixty (60) calendar days of the date that you or Outerknown send your Pre-Arbitration Demand, arbitration may then be filed. You agree that compliance with the subsection is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. You and Outerknown agree that any subject to arbitration under this Arbitration Agreement not resolved informally must be filed in arbitration within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. 

Arbitration Procedure: The Federal Arbitration Act (“FAA”), including its procedural provisions, governs the interpretation and enforcement of this Arbitration Agreement, and not state law. If after completing the informal dispute resolution process discussed above, either you or Outerknown wishes to initiate arbitration, the arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules & Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/, or, by mutual agreement of the parties after the arbitration is initiated, the JAMS Streamlined Arbitration Rules & Procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/ (collectively, “JAMS Rules”), as modified by this Arbitration Agreement, in effect at the time of arbitration, except as supplemented, where applicable, by the JAMS Mass Arbitration Procedures and Guidelines (the “JAMS Mass Arbitration Procedures”), available at https://www.jamsadr.com/mass-arbitration-procedures, as modified by this Arbitration Agreement. All sets of rules mentioned in the prior sentence are also available by calling JAMS at 1-800-352-5267. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted in San Diego County, California, unless the parties agree to another location, by a single neutral arbitrator who shall be selected from an appropriate list of JAMS arbitrators in accordance with the JAMS Rules or JAMS Mass Arbitration Procedures. Any Dispute where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration conducted by telephone, online, written submissions, or any combination of the three, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and these Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. This includes but is not limited to the ability of the arbitrator to award fees and costs if the arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith. The award of the arbitrator is final and binding upon you and Outerknown. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties. Your responsibility to pay any filing, administrative, and arbitrator costs will be as set forth in the applicable JAMS rules. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you may be entitled to a waiver of certain arbitration costs. Further, if the amount of the initial filing fee is more than you would have to pay to file a Complaint in Court, Outerknown will pay the difference between the initial filing fee and the amount you would have to pay to file a Complaint in Court. Otherwise, the JAMS Rules and/or JAMS Mass Arbitration Procedures shall govern the payment of arbitration fees, unless otherwise provided in this Arbitration Agreement. 

Judgment on the award may be entered in any court having jurisdiction. 

Mass Arbitrations: If 75 or more individuals submit similar arbitration claims and are represented by either the same law firm or law firms acting in coordination you and Outerknown agree that the JAMS Mass Arbitration Procedures will apply. The JAMS Mass Arbitration Procedures are designed to facilitate the fair, expeditious, and efficient resolution of mass arbitration. 

For any mass arbitration, JAMS will appoint a "process administrator" who will determine all preliminary and administrative matters as may be necessary to ensure the orderly and efficient resolution of the claims. This will include determining, among other things, whether each party has met the applicable filing requirements and conditions precedent to submit their claims to arbitration, and which demands for arbitration should be included as part of the mass arbitration proceeding. 

All demands for arbitration included as part of the mass arbitration proceeding must be resolved in stages. You agree to this process even though it may delay the arbitration of your claim. In the first stage, claimant's counsel and Outerknown will each select 5 cases (10 cases total), unless the parties agree to another number, to be resolved individually by different arbitrators. In the meantime, no other cases may proceed in arbitration, and JAMS must not charge a case management fee or an arbitration appointment fee for those cases. 

After this first stage of cases is completed, the parties must engage in a single mediation, before a retired federal or state-court judge (unless the Parties agree otherwise), of all remaining cases, and Outerknown will pay the mediation fee. If the parties cannot resolve the remaining cases after mediation, you and Outerknown agree that the process administrator will batch, consolidate, or otherwise group any remaining arbitration demands to the greatest extent possible. 

Class or Consolidated Action Waiver: YOU AND OUTERKNOWN AGREE THAT, EXCEPT AS SPECIFIED ABOVE IN THE MASS ARBITRATION SECTION, ALL DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER OR CUSTOMER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR CUSTOMER, EXCEPT AS SPECIFIED IN THE MASS ARBITRATION SECTION. This subsection does not prevent you or Outerknown from participating in a class-wide settlement of claims. Notwithstanding any other provision of these Terms, the Arbitration Agreement, JAMS Rules, or JAMS Mass Arbitration Procedures, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IN SUCH CIRCUMSTANCES, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION THAT IS PERMITTED TO PROCEED MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION. 

Jury Trial Waiver: YOU AND OUTERKNOWN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Outerknown are instead electing to have Disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Outerknown over whether to vacate or enforce an arbitration award, YOU AND OUTERKNOWN WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. 

Confidentiality: To the fullest extent permitted by applicable law, all materials and documents exchanged during the arbitration will be kept confidential. 

Right to Opt Out: You may opt out of the foregoing Arbitration provision by notifying Outerknown in writing within 30 days of the date You first used the Site or 30 days from the date these Terms were last updated. To opt out, You must send a written notification to Outerknown at Outerknown, 2330 Faraday Ave, Suite 200, Carlsbad, CA 92008, Attn: Legal Department, that includes (i) Your name, account username, address, telephone number and email address, and (ii) a clear statement indicating that You do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration provision. 

18. Notice of Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked from the Services without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: 

The copyright agent for notice of claims of infringement on the Services is: 

DMCA Agent 

Attn: Legal 

Outerknown LLC  

2330 Faraday Ave, Suite 200, Carlsbad, CA 92008 

Email:  customercare@outerknown.com 

19. Modifications

We reserve the right, at any time in our sole discretion, to modify the Services with or without notice to you, by making those modifications available on the Services. We also reserve the right, at any time in our sole discretion, to modify these Terms and any Additional Terms; provided that any modifications to our Privacy Policy will be pursuant to the terms set forth therein. We will inform you of any changes to the Terms or any Additional Terms by posting those changes on the Services. Any modifications will be effective immediately upon posting on the Services. You may terminate your Account or cease using the Services if you object to any such modifications. However, you will be deemed to have agreed to any and all modifications through your continued use of the Services following such notice period. We will note the effective date of the latest version of these Terms at the top of this page. It is your responsibility to review these Terms periodically. 

20. Termination

Except as indicated in this Section 20, these Terms may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms. Upon termination or expiration of these Terms for any reason you will immediately cease all use of and access to the Services, including, without limitation, all Content you obtained prior to termination. Termination does not relieve you of any payment obligations relating to purchased Products or services and these Terms will continue to apply to all Products and services purchased prior to termination. Any Section of these Terms which, by its nature, should survive expiration or termination of these Terms shall survive such expiration or termination. 

21. Notices

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Services. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by contacting us and discontinue your use of the Services. In such event, all rights granted to you pursuant to these Terms shall automatically terminate. Unfortunately, we cannot provide the Services to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy. 

22. Miscallaneous

If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No failure on the part of Outerknown to enforce these Terms shall constitute a waiver of any of Outerknown’s rights under these Terms, whether for past or future actions on the part of any person. These Terms shall be the entire agreement between Outerknown and you with respect to the subject matter hereto and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless provided as an update by Outerknown to this document or signed in writing by an authorized officer of Outerknown.