This User Agreement sets forth the standards of use of the websites and online services owned and operated by MySkiProfile, LLC (“ RY Outfitters”), including the ryoutfitters.com website (the “Site”) and the services provided via the Site (the “Services”). By using the Site and/or Services you (“the User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not use the Site or Services. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on our Site. Your continued use of the Site and/or Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
Description of Site and Services
RY Outfitters provides a centralized space for outdoor sport enthusiasts to discover and learn about new and innovative outdoor sports startups. RY Outfitters has an exclusive membership site that allows paying members to purchase gear at a discount, access to startups ambassador programs (not all startups participate), access to startups demo and trade show deals (not all startups participate), early access to startups prototypes (not all startups participate, those that do may require feedback on prototypes). Participating brands can leave the membership program at any time. When a user joins the RY Outfitters paid membership they may not receive access to all of the brands listed at the time of their signup as the partnerships are ever changing.
The Gear Commandments
- I will not share my RY Outfitters membership ID with others.
Not for friends, family, significant others, as gifts or for special occasions, even if they are “the same size”. Only you may use the gear bought through the RY Outfitters membership.
- I will leave reviews for the products I buy.
Help build awareness for these startups by leaving a helpful review. Spread your knowledge to encourage thoughtful purchasing
- I promise to promote Leave No Trace Principles in the backcountry
Respect the terrain you travel on. Feel free to learn more at LNT.org!
- Any abuse will result in suspension of the individual.
This is our most serious rule. ANY abuse of your RY Outfitters membership will cause immediate suspension of your membership.
Final note: It is important to realize that all of the Gear Commandments have a zero-tolerance policy. Our goal is help you get outside by making gear more accessible, but in order to have the support of the brands we work with, we have to enforce strict rules. Our purpose of doing this is to strike a balance between helping you and respecting our brand partners. If you have any questions at all, please contact firstname.lastname@example.org.
The basic Site, giveaways and some content is provided free to Users who visit the Site. However, certain enhanced features, such as discounts, access to ambassador program, prototypes and trade show/demo gear may only be available to paying Users of the Site.
Rules, Responsibilities and Obligations
Users agree to not use the Services and/or Site to: (i) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity or falsely state or otherwise misrepresent User`s affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services and/or Site; (v) upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users` ability to engage in real time exchanges; or (x) interfere with or disrupt the Services and/or Site or servers or networks connected to the Services and/or Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Services and/or Site.
RY Outfitters shall have the right, but not the obligation, to monitor the content of the Site and Services, including URLs and statistics, to determine compliance with this Agreement and any operating rules established by RY Outfitters and to satisfy any law, regulation or authorized government request. RY Outfitters shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the RY Outfitters Site or using the Services.
RY Outfitters reserves to right to discontinue membership of any User who fails to comply with these terms.
Release and Waiver of Rights
You release RY Outfitters and expressly waive any and all claims against RY Outfitters that may arise from your use of the Services and/or Site. Specifically, without limitation, by uploading or linking to content using the Services and/or on the Site, you release RY Outfitters and expressly waive all claims against RY Outfitters arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use of the Services and/or Site.
If you choose to contribute any works of authorship to RY Outfitters for consideration for publishing, your contribution may also be subject to a separate agreement in addition to these general Terms.
Communications from RY Outfitters
All content added, created, uploaded, submitted, distributed or posted to the Site or Services by Users is the sole responsibility of the User who originated it.
Third Party Job Postings
RY Outfitters may provide on the Site or through the Services third party job listings that we think may be of interest to our Users. Any information you submit to these job listings is outside of RY Outfitters’s control. Other than any internal postings for jobs at RY Outfitters, RY Outfitters is not part of the hiring process for any job listings posted on the Site or through the Services.
Modifications and Interruption to Services or Site
Users acknowledge and accepts that RY Outfitters does not guarantee continuous, uninterrupted or secure access to the Services or Site and operation of our Site or Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. RY Outfitters shall not be liable to a User or any third party should for any modifications, interruptions, outages, downtimes or disruptions to the Services.
RY Outfitters reserves the right to modify or discontinue the Services and/or Site with or without notice to Users.
Disclaimer of Warranties
The Services and SITE are provided by RY Outfitters on an `as is` and on an `as available` basis, RY Outfitters makes no representations or warranties of any kind, express or implied, regarding the use or the results of the ServiceS and site in terms of its correctness, accuracy, reliability, or otherwise. RY Outfitters shall have no liability for any interruptions in the use of the site or Services. To the fullest extent permitted by applicable law, RY Outfitters disclaims all warranties with regard to the information provided, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusions may be inapplicable to some users.
RY Outfitters does not warrant that its SITE or ServiceS will operate error-free or that its SERVICE, website and server are free of computer viruses and other harmful goods. If the User`s use of COLLGE OUTSIDE’S SITE or Services results in the need for servicing or replacing equipment or data, RY Outfitters is not responsible for those costs.
Limitation of Liability
RY Outfitters SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR RY Outfitters SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES OR THE INFORMATION CONTAINED IN THE SITE OR THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RY Outfitters HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Users hereby release and waive all claims against RY Outfitters with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.
Users agree to indemnify and hold RY Outfitters, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys` fees and costs, made by any third party due to or arising out of User`s use of the Services or Site, the violation of this Agreement, or infringement by a User, or other User of the Services or Site using a User’s RY Outfitters membership privilege, of any intellectual property or any other right of any person or entity.
Governing Jurisdiction of the Laws of New Jersey
RY Outfitters’s Copyrights and Trademarks
All content included or available on the Site or within the Services (other than User submitted content), including site design, text, graphics, interfaces, and the selection and arrangement thereof is the property of RY Outfitters and/or third parties and is protected by intellectual property rights. Any use of materials on the Site or within the Services, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of RY Outfitters is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Services, the Site or any portion thereof.
All other trademarks displayed on the Site or that may appear within the Services are the trademarks of their respective owners, and their appearance constitutes neither an endorsement, nor a recommendation of those vendors, unless clearly identified as such.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
We take no responsibility and have no liability for any content you or any other user may post. User-posted content does not represent our advice, views, opinions, or beliefs, and we make no claim of accuracy of any user-posted material.
Our sites may contain or reference links to websites that are not controlled by us (“third party websites”). By accessing our sites and then following links to third-party websites, you may be exposed to content that you consider offensive or inappropriate. We are not responsible for the content of any third-party website or any link contained in a third-party website. The inclusion of a link within our sites does not imply any endorsement by or any affiliation with us. Access to any third-party website is at your own risk, and you should be aware that third-party websites may contain terms and privacy policies that are different from our sites. We are not responsible for such provisions and expressly disclaim any liability for them. We also encourage you to review any of the terms and/or privacy policies that may appear on such sites.
In connection with your use of our sites, you may be made aware of services, products, articles, offers, and promotions provided by third parties, and not by us. If you decide to use these third-party services, you are responsible for reviewing and understanding the terms and conditions governing those services. You agree that the third party, and not us, is responsible for performance of the services.
Warnings, Suspensions, and Terminations
You agree that your use of our sites may be immediately suspended or terminated without explanation or prior notice. Without limiting the foregoing, the following will lead to a termination of a user’s profile: 1) breaches or violations of this Agreement, Site Commandments, or other incorporated agreements or guidelines, 2) requests by law enforcement or other government agencies, 3) a request by you (self-initiated account deletions), 4) requests by your club leader or admin, 5) unexpected technical issues or problems, and 6) extended periods of inactivity. You agree that we shall not be liable to you or any third-party for any termination of your profile.
Rights to Content
For any content that you submit, including, but not limited to, data, text, messages, files, documents, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, your and/or other persons’ names, likenesses, voices, screen names, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world, on an unrestricted basis for any purpose, without the requirement of any permission from or compensation to you.
None of the content that you submit shall be subject to any obligation of confidence on our part, our agents, subsidiaries, affiliates, partners, or third party service providers and their respective directors, officers, and employees. All content that you submit may be used in our sole discretion. We shall not be liable for any use or disclosure of any content. Without limiting the foregoing, you hereby grant us, without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, and sub-licensable worldwide license to use, re-use, reproduce, print, transmit, publish, exhibit, display, distribute, re-distribute, copy, host, cache, archive, store, index, categorize, stream, comment on, edit, alter, modify, adapt, translate, create derivative works based upon such content, in whole or in part all without further notice to you and with or without attribution.
Privacy and Security
While we endeavor to employ reasonable security practices, no Internet website or social media platform is completely secure. At any time this website or any other Internet website for that matter could be compromised. Any content that you place on our sites is posted at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as posts including your contact information or email address. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in any profile or posting.
You hereby agree to indemnify, defend, and hold Us and all respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the Rules of the Road or claims arising from your content or conduct. You shall use your best efforts to cooperate with Us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Disclaimer of Warranties
THE CONTENT (INCLUDING, WITHOUT LIMITATION, POSTINGS, THIRD PARTY CONTENT, AND ANY OF OUR CONTENT) IS PROVIDED “AS IS” AND CARRIES NO WARRANTIES. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT, REGARDLESS OF WHO ORIGINATES THAT CONTENT. WE DO NOT WARRANT THAT THIS SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. WE ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM OUR SITES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability
MOST OF THE CONTENT (INCLUDING, WITHOUT LIMITATION, THE POSTINGS AND THIRD PARTY CONTENT) POSTED TO OUR SITES IS PROVIDED BY REGISTERED THIRD PARTIES NOT AFFILIATED WITH US. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT WE ARE NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, MODERATORS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THIS SITE, YOUR USE OF THIS SITE, YOUR VIOLATION OF THIS AGREEMENT OR THE RULES OF THE ROAD OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY, OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THESE LIMITATIONS MAKE IT POSSIBLE FOR US TO PROVIDE OUR SITES TO YOU.
Choice of Law and Location for Resolving Disputes
You agree that the law of the state of New Jersey governs this contract and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of New Jersey.
PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF COLORADO OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF UTAE FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our site/store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): Unless you opt out, we will probably send you emails about our store, new products and other updates.
When you create an Account, you will provide information that could be personally identifiable information, such as your email address (which will also serve as your username) and password. You acknowledge that this information may be personal to you, and by creating an account and providing personal information to us, you allow others, including RY Outfitters, to identify you and therefore may not be anonymous. We use your .edu email address to verify that you are a member of a higher-education institution. We may use your contact information to send you information about our Services or our Site, but only when we feel such information is important to you and/or to your use of the Services or Site. We may also share your contact information with the vendor/brand you purchased products from. Your email address will also serve as your username/login name for access to certain aspects of the Site and/or Services that require registration.
SECTION 2 – HOW DO YOU GET MY CONSENT?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, or arrange for a delivery, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, such as marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
HOW DO I WITHDRAW MY CONSENT?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
If you choose a direct payment gateway to complete your purchase, then Nexternal stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
SECTION 5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us (for example, the gear manufacturers) will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us or as they deem appropriate.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdictions than either you or us. Therefore, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act and the particular laws of the state in which the gateway exists.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 – SECURITY
To protect your personal information, we take precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement generally accepted industry standards.
IP Address Information and Other Information Collected Automatically:
RY Outfitters automatically receives and records information from your web browser when you interact with the Services or the Site, including your IP address and cookie information. This information may be used for service functionality, to help us understand how users access a website, to fight spam/malware, to facilitate collection of data concerning your interaction with the Services or the Site and for other similar purposes.
Metrics and Performance Statistics:
RY Outfitters may collect and track metrics and performance statistics relating to use of the Services and the Site, and RY Outfitters may use these metrics and statistics to generate analytics. This information may include, but is not limited to: (i) the IP address and physical location of the devices accessing the URLs provided through the Services; (ii) the referring websites or services; (iii) the time and date of each access and the amount of time spent on certain sections of the Site. These metrics and analytics may be used by RY Outfitters and its partners to improve their websites and services and to conduct market research.
Your personal information will not be combined with this anonymous and aggregated data. These metrics, statistics and analytics may be made available to RY Outfitters’s third party sponsors, but only in aggregate and anonymous form.
Our primary goals in collecting information from and about you are to:
- provide you with the all features and functions of the Site and the Services;
provide Users with superior service and with information targeted to your interests;
provide all visitors a smooth, efficient, and personalized experience while using our Site and/or Services.
SECTION 8 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact us at firstname.lastname@example.org.