These Terms and Conditions (these “Terms”) are a legal contract between You and Outdoorica DBA of Small Town Holdings LLC, a Minnesota limited liability company (“Outdoorica,” “we” or “us”). These Terms govern your access to and use of www.outdoorica.com (the “Website”), services offered on or through the Website, and any purchases of goods (“Goods”) offered by Outdoorica through the Website, via telephone, or at our physical retail location (together, the “Store”), whether as a guest or a registered user.
Please read these Terms carefully before using the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.outdoorica.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms or to the Privacy Policy, please do not access or use the Website.
If you are under 18, you may only use the Website or make purchases through the Store through a parent or legal guardian. Additional terms may apply to your purchase of Goods from the Store, as noted at the time of purchase.
By using the Website, purchasing Goods, or by indicating your agreement to these Terms when the option is made available to you, you agree to be bound by these Terms.
1. Accounts and Security
To access the Website or use certain features, you may be asked to provide certain registration details and personal information. In order to use the Website, all information you provide must be correct, current, and complete. Please note that any and all information you provide to us is governed by our Privacy Policy. By agreeing to these Terms, you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Your username, password, and any other piece of information that is part of our security procedures is confidential. You must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Outdoorica will not be liable for any losses incurred as a result of unauthorized use of a password or account.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if we determine you have violated these Terms.
2. Intellectual Property Rights and User Contributions
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as required to use the Website.
The Website may contain interactive features that allow you to post, submit, publish, display, or transmit to other users (collectively “Post”) content or materials, including reviews (collectively, “User Contributions”) via the Website. You understand and acknowledge that you are responsible for any User Contributions you provide, and you, not Outdoorica, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion. Outdoorica does not review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material. Outdoorica assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
Any User Contribution you Post to the Website will be considered non-confidential and non-proprietary. By Posting any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above and that all your User Contributions will comply with these Terms.
User Contributions must comply with all applicable laws and regulations and must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
3. Notices and Procedure for Making Claims of Copyright Infringement
Outdoorica respects the intellectual property of others and requires that users and visitors to the Website do the same. Outdoorica will process notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Notifications of claimed copyright infringement should be sent to Outdoorica’s designated copyright agent. If you believe in good faith that content on the Website infringes your rights under U.S. copyright law, you (or your agent) may send Outdoorica a written notice by mail or email requesting that Outdoorica remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Outdoorica a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, those listed below.
To submit a notice of copyright infringement, please provide Outdoorica the following information. Please be advised that to be effective, your notice must include all of the following:
— a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
— a description of the copyrighted work that you claim has been infringed;
— a description of where the material that you claim is infringing is located on the Site;
— your address, telephone number, and email address and all other information reasonably sufficient to permit Outdoorica to contact you;
— a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
— a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By Mail:
Copyright Manager Outdoorica DBA of Small Town Holdings LLC Legal Department 209 Co Rd 156 Albany, MN 56307
By Email:
legal@outdoorica.com
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING OUTDOORICA THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
4. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5. Pricing and Availability
The Store will show the then current price for Goods at the time of purchase. If applicable, the terms and conditions of a special promotional offer will be provided with such offer. Pricing and availability may change without notice.
Outdoorica’s acknowledgment of your order does not mean that your order has been accepted, that the Goods have been shipped, or that the price or availability of any item has been confirmed. Outdoorica endeavors to accurately display product pricing and availability on the Store. However, in certain instances, an item on the Store may be mispriced, may be unavailable, or may contain an inaccurate description. We may experience delays in updating such information, and thus, we do not guarantee the accuracy or completeness of information on the Store, and reserve the right to update information to correct these inaccuracies at any time without notice. If we determine there were any inaccuracies in information related to your order, we may attempt to contact you to remedy the error or cancel the order.
6. Ordering and Payment
We accept payment through various payment processing methods. You shall abide by relevant terms and conditions, whether with Outdoorica or a third-party provider, which apply to your use of a payment processing method. Outdoorica may add, remove, or change payment processing methods at any time without notice.
You represent that you are authorized to use the form of payment that you provide to Outdoorica and that any payment information you provide is complete and accurate. When you make an order, you authorize Outdoorica to charge the form of payment you indicate in the total amount of your order (including applicable taxes). Applicable taxes will be applied at the time of purchase and calculated based on your provided shipping address.
7. Chargeback Prevention Policy
Customers agree to contact Outdoorica directly to resolve any disputes or issues related to their purchase before initiating a chargeback with their credit card issuer. Unauthorized chargebacks may result in additional fees and could lead to restrictions on future purchases. By making a purchase, you agree to this resolution process.
8. Limited Warranty and Disclaimer
Unless otherwise specified, all products sold by Outdoorica are provided "as is" without any warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Outdoorica disclaims responsibility for any incidental or consequential damages arising from the use of purchased products.
9. Binding Arbitration Clause
Any disputes arising from or relating to these Terms, the Store, or any products or services provided by Outdoorica must be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Minnesota, and the arbitrator's decision shall be final and binding. This clause does not apply to disputes that may not be subject to arbitration under applicable laws.
10. Limitation of Use
Customers are responsible for ensuring that products, including but not limited to E-Bikes, hunting blinds, fish houses, and skid steer attachments, are used responsibly and in compliance with all applicable local, state, and federal laws. Outdoorica is not liable for any damages or injuries arising from misuse or improper use of its products.
11. Restocking and Return Fees
Returns are subject to restocking fees as outlined in our Return Policy. Customers are advised to review the Return Policy available at https://outdoorica.com/returns-cancellations/ for full details. Refund processing times are specified in the Return Policy.
12. Customer Acknowledgment of Risk
By purchasing products such as E-Bikes, hunting equipment, or skid steer attachments, you acknowledge and accept any inherent risks associated with their use. Outdoorica is not liable for injuries or damages resulting from the use of its products.
13. Proof of Ownership and Identity for Chargebacks
When filing warranty claims or disputing charges, customers may be required to provide proof of identity and ownership of the product in question. Failure to provide such documentation may result in denial of the claim or dispute.
14. Risk of Loss and Choice of Shipping
The point at which the risk of loss transfers for your purchases from the Store will depend on the type of shipping you choose at checkout.
If you select standard shipping, the risk of loss transfers to you when the Goods are transferred to the shipping carrier. That means Outdoorica is not liable for Goods that are lost or damaged in transit, or Goods that are delivered by the carrier but stolen from the delivery location.
If you select guaranteed delivery, Outdoorica assumes the risk of loss for the Goods while in transit, and the risk of loss does not transfer to you until the Goods are received by you at the shipping address you provided.
15. Indemnification Expansion
You agree to defend, indemnify, and hold harmless Outdoorica, its affiliates, licensors, and service providers, from any claims, liabilities, or expenses, including those arising from third-party use of purchased products, your breach of these Terms, or any misuse of the Website, Store, or purchased products.
16. Mandatory Inspection
Customers are required to inspect all products upon receipt and report any damages or defects to Outdoorica within five (5) business days. Failure to report damages within this timeframe may result in forfeiture of the ability to claim a refund, replacement, or repair.
17. Physical Location Liability Disclaimer
By visiting Outdoorica’s physical retail location at 209 County Rd 156, Albany, MN 56307, you acknowledge and agree to assume all risks of injury or damages arising from your presence at our facility. Outdoorica shall not be held liable for injuries or damages caused by accidents, falls, or interactions with equipment or displays. Furthermore, any test driving or use of products, including but not limited to E-Bikes, skid steer attachments, hunting or fishing equipment, or fish houses, is done at your own risk. By engaging in such activities, you agree to release and indemnify Outdoorica from any claims or liabilities resulting from physical harm, property damage, or any other injuries incurred.
18. Governing Law and Jurisdiction
All matters relating to the Website and these Terms shall be governed by the internal laws of the State of Minnesota without regard to conflict-of-law principles. Any legal action not subject to arbitration must be brought in the state or federal courts located in Minnesota.
19. Additional Terms
The other terms and policies posted on the Website, including the Privacy Policy, govern your use of the Website and are incorporated by reference into these Terms. These Terms constitute the entire agreement between you and Outdoorica relating to the subject matter addressed herein.