Terms of Use

Updated: November 7, 2023

Out&Back Outdoor, Inc. (O&B) provides its website accessible at WWW.OUTANDBACKOUTDOOR.COM (the Website) to you subject to the following Terms of Use:

By using the Website and/or agreeing to provide us with any information you’re agreeing to our terms of use and privacy policy below.

If there are additional terms of use posted on specific content or features on the Website that go above and beyond what’s in this document you are agreeing to abide by those as well. If you don’t agree with any terms, conditions or privacy policies listed in this document you’re not allowed to access the Website and you should NOT submit any information to us. 

We may make changes to the Terms of Use or Privacy Policy at any time without advanced notice. Once those changes have been posted to the Website they will be considered in effect. If you keep using the Website after the new terms have been posted, you’re agreeing to any updates that we’ve made. 

We have the right, but are not obligated, to enforce the Terms of Use in whatever ways we deem fit in accordance with the Terms of Use document. 

OUR TRADEMARKS

The O&B trademark and logo that are used on the Website are registered trademarks of O&B and are its sole property. Any unauthorized use is prohibited. 

WEBSITE CONTENT

The Website is protected by copyright and intellectual property laws in the United States and abroad. Any original content produced or commissioned by O&B that is placed on the Website including photos, videos, data, user generated content, source code, website design and anything else posted on or contained within the Website is owned by O&B. Copying, modifying or reproducing any of this content for any purpose without consent from Out&Back is prohibited. 

Using this Website for any commercial purpose is strictly prohibited without the consent of O&B. This would include using the Website to recruit or solicit users to any commercial property that is not the Website. 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SUBMITTING YOUR INFORMATION OR CONTENT

If you provide any content or information of any kind to O&B through the Website or any other medium (mail, phone, etc.) you agree that we can use that information or content for any end-uses deemed appropriate by us, other properties owned by O&B or the third parties that we determine to be necessary to run our business. This may include the reposting of information or content that you submit in a way that makes it visible to the general public (for example, reposting a review you submit for other users to see). You acknowledge that the reposting of any information that you submit to O&B is at the sole discretion of O&B and that your permission is not required to repost it. We will never knowingly share or repost your full name, credit card, email, physical address or other personally identifiable information to the public. 

You certify that the information you submit to O&B is non-confidential and that you have the right to share and use it. You also agree that any information or content that you submit complies with United States and international law. You agree that our use of information that you submit is royalty free to us for our unlimited and un-infringed use. 

You may not submit any information if you are under the age of 18. 

When you submit information or content to O&B you certify that you aren’t submitting any false information including but not limited to a fake email address, impersonating someone else or attempting to mislead O&B in any way. You agree to indemnify O&B, the third parties that we work with as well as our officers, directors and employees for any claims arising from use or misuse of any submission that you send. 

IF O&B’S OWN NEGLIGENCE OR CONDUCT ARE THE CAUSE OF THE CLAIM, THIS INDEMNIFICATION DOESN'T APPLY.

You agree that O&B has no control over or liability for any damages resulting from the use or misuse by any third party of any submission.

SUBMITTING ITEMS TO OUR SELL-BACK/TAKE-BACK PROGRAM

By submitting items for appraisal and/or purchase to our sell-back/take-back program, you agree that in doing so, you have full rights and ownership of the items that you submit and that you are authorized to sell them to O&B. 

You agree that submission of items for appraisal in no way guarantees that O&B will purchase those items. Whether or not we purchase items from you is at the sole discretion of O&B. The parameters that determine the terms of item sell-back - including the formula that yields the price we offer you for an item - are at the sole discretion of O&B and are subject to change without notice. 

If you choose to accept O&B’s offer to purchase an item from you, you are acknowledging that your item – and the context under which it was sold – will be subject to scrutiny. O&B will check items for alignment to the details you provided in your submission, their quality (items cannot be samples or promotional), age (we do not purchase items older than 10 years from the date of sale) and condition (items must be in working order) and, from time to time, the pretext under which the item was sold or acquired. You agree that determining whether or not an item contains discrepancies between the details you provided about an item and the item that was received by O&B is at the sole discretion of O&B. You acknowledge that should any discrepancies or irregularities exist, they may lead to a void of offer to purchase. 

If upon O&B’s physical inspection of an item sold by you it is determined that you have intentionally or unintentionally misrepresented the item’s condition (EX: it is more or less worn than you represented), the item’s style name or number (EX: you provided the wrong style name), Brand (EX: you provided the wrong Brand name) or other characteristic with bearing on the offer price, the original offer given to you will be considered void. As such, O&B will be released from its obligation to pay you for that item and you will be notified of the issue. At the sole discretion of O&B, we may choose to submit to you a new offer based on the updated characteristics of the item you submitted. Should you accept that new offer you will be paid for it according to the standard business process defined for our sell-back program. Should you choose not to accept the new offer, or should one not be extended to you, you will have 7 days to notify O&B that you’d like your item back. Should you choose to have the item returned to you it will be at your expense for return shipping and handling.  

Should O&B determine that you sold an item without legal authorization, it was procured unlawfully or deem it to be a counterfeit, it will be considered an Unsanctioned Sale. In the event of an Unsanctioned Sale, the item(s) sold and you as a user (including your name, email address and other contact information) may be reported to the appropriate authorities and other stakeholders O&B deems appropriate including but not limited to law enforcement agencies, trading partners and Brand owners. Determination that a sale is unsanctioned is at the sole discretion of O&B. O&B has no obligation to return items to you that are determined to be unsanctioned. Disposal, storage or other means of managing unsanctioned items is at the sole discretion of O&B. 

You agree that if it is determined that you have submitted an unsanctioned item, you forfeit any pre-existing offer of payment made by O&B to you for the item you submitted. You will receive no payment for the item you submitted, and the item will not be returned to you unless deemed appropriate by O&B. Any returns of unsanctioned items to those who have submitted them will be at the submitters full expense. 

O&B WILL MAKE REASONABLE ACCOMMODATIONS TO RETURN STOLEN ITEMS TO THEIR RIGHTFUL OWNERS IN INSTANCES WHERE OWNERSHIP OF A STOLEN ITEM IS CLEARLY IDENTIFIABLE.  

Just as is the case for submission of other kinds of data and content, when you submit information to our buy-back program you certify that you aren’t submitting any false information including but not limited to a fake email address, improper product details related to the items submitted, doctored or altered photos of items submitted, impersonating someone else or attempting to mislead O&B in any way. 

GIVING US FEEDBACK

You acknowledge that any Feedback (including but not limited to questions, suggestions, comments, product reviews, etc.) that you submit to us regarding the Website, our business, the products we sell or other aspects of O&B is non-confidential. You agree that we have the right to use Feedback royalty free for any purpose we deem fit without your consent. You are not allowed to send us any Feedback that would be considered confidential or for which you don’t have the right or authority to share. 

You agree that you are responsible for the Feedback that you submit to us and you will bear all the risks associated with submitting Feedback. If the Feedback you submit is offensive, misleading or in any other way objectionable O&B refuses to accept any liability for it and O&B is not responsible for any damages that may arise from the use of this Feedback. 

CONDUCTING YOURSELF ON THE WEBSITE

You agree not to send to O&B any content or provide any information that: 1) is illegal, abusive or threatening; 2) is pornographic; 3) harasses or is hateful towards someone or a group of people based on their gender, religion sexual orientation, race, ethnicity, etc.; 4) impersonates someone or misrepresents who you are; 5) contains the personally identifiable information of someone who is not you without their express consent; 6) is misleading, deceptive or false; 7) infringes on any patent, copyright or trade secret; 8) constitutes, spam or junk mail; 9) contains or could be deemed as advertising and solicitation if posted on the Website in a place where such content is not deemed appropriate by O&B; 10) advertises something illegal; 11) contains software viruses; 12) would disrupt the normal flow of content submissions 

Moreover, you agree that you will not: 1) contact anyone who has requested not to be contacted; 2) harass anyone through the Website; 3) collect and use personal data about other individuals for any purpose; 4) use any automated tools or means to download data from the Website; 5) post deceptive content; 6) attempt to hack or gain access to O&B’s computer systems or attempt to disrupt those systems in any way. O&B may refuse, delete, edit or remove any Submissions, any time, for any reason. O&B may remove your access to the Website or your account at any time for violation of these terms of use or any other reason.

CREATING AND USING AN ACCOUNT

Users of all ages may look through the Website but the Website was not intended to be used by children under the age of 13. Moreover, children under the age of 13 cannot submit any personally identifiable information through the Website. You may only create an account if you are 18 years of age or over. 

When creating an account you may be required to submit your name, contact information, a valid credit card number, billing address, and other information. When creating an account you agree to (i) provide accurate information, and (ii) update that information when necessary. If you set up an account, you testify that you have the right to provide the information you give us. You’re responsible for keeping your account information and password confidential and for restricting access to it. 

All activities that occur under your account or password are your responsibility.

ACCESSING AND USING EXTERNAL SITES

Certain content and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party

USING INFORMATION POSTED ON THE WEBSITE

We do not claim that the information posted to this website is accurate, complete or useful. If you rely on the information you do so at your own risk and we hold no liability arising from your reliance on the information posted. This Website includes content provided by third parties. All content posted by these third parties are their opinions. This content does not necessarily reflect the opinion of O&B. We are not responsible, or liable to you or any third party, for the accuracy of any content provided by any third parties.

ORDER FULFILLMENT AND ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PURCHASING FOR NON-PERSONAL USE WARNING

By purchasing gear from Out&Back you certify that you are buying this gear for personal use, gifts for others or otherwise non-commercial use. If it is determined in the sole discretion of Out&Back that you are purchasing gear for commercial use including resale, we reserve the right to discontinue service to you and/or cancel your future orders. 

USED ITEMS DISCLAIMER

Products available for purchase on this Website are classified as “used”. By purchasing such products, purchasers acknowledge and agree that the product(s) they purchase are used and therefore provided on an “as is” basis and that O&B, to the fullest extent permitted by applicable law, makes no representations, covenants or warranties and disclaims all warranties, express or implied, including but not limited to warranties of quality, merchantability, fitness for a particular purpose, non-infringement and warranties that the product(s) is/are free from defects. Purchasers further acknowledge and agree that they assume full responsibility and risk for the purchase and use of the product(s) and any defects therein (whether known or latent) and that O&B will not be liable for any injury, losses or damages of any kind arising from my use of the product(s), including but not limited to direct, indirect, incidental, punitive and consequential damages or any loss of profit, revenue, opportunity or data. Notwithstanding the foregoing, in the event that O&B is found liable in respect of any injury, loss, damage or cause of action (whether contractual, extra-contractual or otherwise) arising out of or in connection with any product, O&B’s liability shall be strictly limited to the sale price of the product(s) giving rise to such liability.  Nothing in the foregoing disclaimer of liability language shall serve to deny any consumer, that is a resident of New Jersey, (I) the right to bring a product liability claim under the New Jersey Product Liability Act, N.J.S.A. 2A:58C-1, (II) the ability to seek punitive damages or (III) the ability to seek consequential damages in instances of injury to the person in the case of consumer goods. Certain state laws similarly 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.

DISCLAIMER OF WARRANTIES

YOU AGREE TO USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS”, WITHOUT ANY WARRANTIES WHATSOEVER - BOTH EXPRESS AND IMPLIED. THIS DISCLAIMER OF WARRANTIES EXTENDS TO THE SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. 

There are some jurisdictions that don’t allow the disclaimer of implied warranties. In those jurisdictions, some of the foregoing disclaimers may not apply.

LIMITATIONS ON LIABILITY AND INDEMNITY

O&B WILL NOT BE LIABLE FOR DIRECT, OR INDIRECT DAMAGES (EVEN IF O&B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), FROM YOUR MISUSE OF THE WEBSITE, YOUR INABILITY TO ACCESS AND USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. THIS LIMITATION WILL ALSO APPLY TO DAMAGES INCURRED BY YOUR INABILITY TO ACCESS THIRD-PARTY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE.

You agree to indemnify O&B, its affiliated company, and all individuals associated with the company (including but not limited to employees, directors, suppliers, and others), for any claim whatsoever (including attorney fees, court costs etc.), made by any third party 

THIS INDEMNIFICATION DOES NOT APPLY TO O&B’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

COMPLIANCE WITH FOREIGN LAWS

We operate in the United States. The Website is governed by all applicable federal, state and local laws. If you are accessing the Website from a country where the information contained within it is illegal you are prohibited from accessing the Website. By using the Website you agree to have your personal data transferred, processed and collected in the United States.

DISPUTES AND ARBITRATION AGREEMENT

Any dispute or claim involving the Website and our services will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act will apply to any claim. If a dispute arises we encourage you to contact us first before starting arbitration. We care about our users and will work to resolve your issues as quickly as possible. Before beginning arbitration, please send us a note describing the claim to the following email address: info@outandbackoutdoor.com