Terms and Conditions of Use

This website (“Site”) is made available by OUTRACULTURA, , LLC, (“OUTRACULTURA”), for the convenience and use of OUTRACULTURA customers and users subject to the following terms and conditions, which will govern your use of the Site. Please review these Terms and Conditions. Your use of the site indicates that you accept these terms and conditions regardless of whether or not you choose to register with us, set up an account or order from us.  If you do not accept each and every one of these terms do not use this Site. We reserve the right to change, modify or update these Terms and Conditions at any time without prior notice.

We further reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Account Registration and Sales

In order to purchase products or services through the use of the Site, you must establish an account with OUTRACULTURA. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased as deemed necessary in our sole discretion. 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 we make a change to 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 reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Site Contents

For purposes of these Term and Conditions, “Content” means the Site, and all materials on the Site, including text, images, graphics, software, illustrations, designs, icons, photographs, video clips, source code, applications, specifications, audio files and other materials, and the trademarks, logos, and other information, including all copyrights, and/or other intellectual property in such materials (collectively, the "Contents"), which are owned, controlled or licensed by OUTRACULTURA.

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Nothing contained herein or on the Site is intended to constitute medical or health advice. You should consult your doctor before beginning any exercise, training or athletic program. OUTRACULTURA LLC is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

Any unauthorized use of the Site will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Site, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Terms of Sale

All product sales from the Site are governed by any terms of sale that may be posted on the Site. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in the sole and absolute discretion of OUTRACULTURA. As such each time you make a purchase, you should review the terms of purchase.

Submissions

OUTRACULTURAs company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. This is to avoid the possibility of future misunderstandings as projects are developed by OUTRACULTURA and its employees and agents and may seem to be similar to creative works submitted by users.

Accordingly, OUTRACULTURA asks that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that OUTRACULTURA may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments or submissions that you forward to OUTRACULTURA and OUTRACULTURA is and shall be under no obligation (1) to maintain any submission or comments in confidence; (2) to pay compensation for any submission or comments; or (3) to respond to any submission or comments. OUTRACULTURA has the right but not the obligation to monitor and edit or remove any submission or comments.

You agree that your submission or comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your submission or comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead OUTRACULTURA or third parties as to the origin of any submission or comments. You are solely responsible for any submission or comments you make and their accuracy. OUTRACULTURA takes no responsibility and assumes no liability for any submission or comments posted by your or any third party.

Personal Information Submitted Through the Site

All submission or comments including personal information through the Site is governed by our privacy policy which may be accessed as indicated on the Site and which is incorporated herein by this reference..

You acknowledge and agree that OUTRACULTURA may access, preserve, and disclose your personal and account information, all submissions, all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if OUTRACULTURA is required to do so by law or legal process or if OUTRACULTURA determines, in its sole and absolute discretion, that such action is necessary to protect the rights of OUTRACULTURA, third parties, and/or other users of the Site or for purposes of responding to you.

Product Information

Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Links to Other Websites

The Site may contain links to other Website that are not under the control of OUTRACULTURA has no responsibility for the linked Website nor does linking constitute an endorsement of any linked Website. Links are provided solely for the convenience and information of the Site's users.

Limitation of Warranties

THE SITE, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" “WHERE IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTRACULTURA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, OUTRACULTURA DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO OUTRACULTURA THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

Limitation on Liability

OUTRACULTURA and any party (whether or not involved in creating, producing, maintaining or delivering this Site), and any of their officers, directors, employees, members, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this Site, any websites linked to this Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any websites linked to this Site.

Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnification

You agree to defend, indemnify and hold OUTRACULTURA harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of these Terms and Conditions.

Governing Law

These Term and Conditions and any use of the Site shall be construed solely in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Orange and/or the Federal and District Courts serving Orange County.  

The waiver of any provision of the Terms and Conditions shall not be considered a waiver of any other provision or of OUTRACULTURA's right to require strict observance of each of the terms herein. If any provision of the Terms and Conditions are found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between us relating to your use of the Site.

Termination

These Terms and Conditions are effective unless and until terminated by either you or OUTRACULTURA and which may be terminated at any time by either party without notice, and accordingly OUTRACULTURA may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Terms and Conditions. The obligations and liabilities of the parties incurred prior to the termination date shall survive such termination for all purposes.

You are also subject to OUTRACULTURA’s Privacy Policy

These Terms and Conditions were updated as of June 28, 2015

OUTRACULTURA, LLC

P.O. Box 12871

Newport Beach, CA 92658