This Terms of Use applies to your access or use of www.kleanoutdoors.com and all subdomains of www.kleanoutdoors.com (collectively, the “Site”), as well as to your access or use of any of the mobile applications related to said websites (collectively, the “Applications”).

The terms “we,” “our,” “ours,” and “us” refer to KleanOutdoors and the terms “you,” “your,” and “yours” refer to any user of the Site and/or the Applications. If you are under the age of eighteen (18), you may use the Site or any of the Applications only with the permission of a parent or legal guardian.  Please take a moment to familiarize yourself with this Terms of Use. The use of the Site and the Applications are also governed by the Privacy Policy, which can be located on the Site and which is incorporated herein by reference as if set forth in full. Please review the Privacy Policy and this Terms of Use before you use the Site or any of the Applications.

We may amend and modify this Terms of Use and the Privacy Policy at any time, in our sole and absolute discretion and without prior notice to you.  Such amendments and modifications are effective upon being posted on www.kleanoutdoors.com. You are responsible for reviewing this Terms of Use and the Privacy Policy periodically in order to ensure that you are aware of any and all changes to them.

Binding Effect

BY ACCESSING OR USING THE SITE OR ANY OF THE APPLICATIONS, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND, FULLY AGREE WITH AND CONSENT TO THIS TERMS OF USE AND THE PRIVACY POLICY AND ANY AND ALL AMENDMENTS OR MODIFICATIONS MADE THERETO IN OUR SOLE AND ABSOLUTE DISCRETION. IF YOU DO NOT AGREE AND CONSENT TO SUCH, DO NOT USE THE SITE OR ANY OF THE APPLICATIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE APPLICATIONS OR WITH ANY OF THIS TERMS OF USE OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT USE OR DISCONTINUE USING THE SITE AND/OR THE APPLICATIONS.

Purchases

If you wish to purchase any product or service made available on the Site or through any of the Applications, you may be asked to supply certain information relevant to your purchase including, without limitation, your name, physical address, phone number, email address, payment method and related payment information.

Subscriptions

You acknowledge that all subscriptions are billed as a single installment, in advance, through the application store where you downloaded the software.  The name of that application store will appear on your credit card or PayPal statement. To ensure continuity of service, your subscription will automatically renew every 30 days (“Monthly”), every 90 Days (“Quarterly”) or every 365 days (“Annually”), at the respective subscription rate unless canceled, at any time, through your application marketplace prior to your subscription expiration date.

Refunds

KleanOutdoors does not manage refunds for your subscription.  All refunds will be handled by, and according to the policies of the application store used to purchase your subscription. 

No Unlawful or Prohibited Use

You acknowledge and agree not to use the Site or any of the Applications for any illegal, fraudulent, unauthorized or improper manner or purpose and to use the Site and Applications only in compliance with all applicable laws, rules and regulations, including but not limited to all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. You acknowledge that we reserve the right in our sole and absolute discretion to determine whether your use of the Site or any of the Applications are being used in any manner that is non-compliant with the restrictions listed above.

Content

All content included as part of the Site and any of the Applications, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site or any of the Applications, is our property or the property of our third party suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Unless otherwise provided for in this Terms of Use, you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or any of the Applications.  The content of the Site and Applications is not for resale. Your access and/or use of the Site or any of the Applications does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and in accordance with these Terms of Use, and will make no other use of the content of the Site or Applications without our express written permission and the copyright owner. You agree that you do not acquire any ownership rights in any protected content of the Site or Applications. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms of Use.

The Site and Applications allow you to post, link, store, share and otherwise make available certain information, text, photos, audio, videos, or other materials. You are liable for the material you share, even if it was already made available on the Site or in any of the Applications. You acknowledge that we reserve the right in our sole and absolute discretion to review and remove any material that we feel are non-compliant with the restrictions listed above.

International Users

The Site and the Applications are controlled, operated and administered from our offices within the USA. If you access or use the Site or any of the Applications from a location outside the USA, you are responsible for compliance with all foreign l laws. You agree that you will not use the content accessed through the Site or any of the Applications, in any country or in any manner prohibited by any applicable laws, restrictions or regulations or that violate the Terms of Use or the Privacy Policy.

Indemnification

You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, third parties, successors and assignees from any and all claims, demands, rights, titles, interests, causes of action, suits, proceedings, contracts, agreements, promises, covenants, warranties, representations, duties, obligations, liabilities, compensation, losses, costs, expenses, attorney fees and costs, taxes, sums of money, lost profits, wages and business, and damages of any kind or nature, whether now known or unknown, foreseen or unforeseen, now existing or which may hereafter arise, or are in any way connected to your access or use of the Site, any of the Applications or other services, products, information, content, features, functions, tools, systems, graphics and websites provided by us or our employees, agents and independent contractors. In the event that you are required to defend us, we shall have the right to select and direct the counsel that shall represent us, which counsel may represent both you and us if we consents to such, which consent may be withdrawn at any time, thereby requiring both parties to be represented by separate counsel at your expense.

Liability Limitation

IN NO EVENT SHALL WE BE LIABLE TO YOU OR YOUR EMPLOYEES, AGENTS, OR INDEPENDENT CONTRACTORS UNDER ANY THEORY OF LAW, INCLUDING BUT NOT LIMITED TO ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGE, CLAIM, LOSS (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, PROFITS, SALES OR BUSINESS), DAMAGES (INCLUDING WITHOUT LIMITATION EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, DIRECT, OR CONSEQUENTIAL DAMAGES), OR ANY OTHER DAMAGE OF ANY KIND OR NATURE, (ALL AND EACH OF WHICH ARE HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, SUCH ARE NOT ASSUMED BY US) WHETHER NOW KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, NOW EXISTING OR WHICH MAY HEREAFTER ARISE, OR ARE IN ANY WAY CONNECTED TO THE SITE, ANY OF THE APPLICATIONS OR OTHER SERVICES, PRODUCTS, INFORMATION, CONTENT, FEATURES, FUNCTIONS, TOOLS, SYSTEMS, GRAPHICS AND WEBSITES PROVIDED BY US OR OUR EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS.

Acts of God

You further agree that we shall not be liable for system or website failures or delay when such are the result of an Act of God (including but not limited to floods, fires, earthquakes, hurricanes, storms or other natural disasters), wars, invasions, hostilities, civil wars, acts of foreign enemies, terrorist activities, rebellions, insurrections, revolutions, military or usurped power or confiscation, government sanctions, blockages, labor disputes, strikes, lockouts, embargo, acts of financial institutions service providers, changes in laws, rules, or regulations or decrees of governmental authorities or agencies, or failure of electricity, internet or telephone services, or power shortages, blackouts or fluctuations.

Disclaimer

THE SITE AND APPLICATIONS AND OTHER SERVICES, PRODUCTS, INFORMATION, CONTENT, FEATURES, FUNCTIONS, TOOLS, SYSTEMS, GRAPHICS AND WEBSITES WE AND OUR EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS PROVIDE ARE DONE SO ON AN “AS IS,” “AS AVAILABLE” BASIS. WE SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF TITLE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE SAME.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, THE APPLICATIONS OR ANY OTHER OF THE SERVICES, PRODUCTS, INFORMATION, CONTENT, FEATURES, FUNCTIONS, TOOLS, SYSTEMS, GRAPHICS AND WEBSITES PROVIDED.

Legal

This Terms of Use and the Privacy Policy and all matters relating thereto shall be interpreted, governed, controlled, defined and enforced by, under and according to the laws of the State of Idaho, without reference to principles of conflict of law.  You consent to the jurisdiction and venue of any appropriate court in the State of Idaho to resolve such disputes. Use of the Site and any of the Applications is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms of Use and the Privacy Policy. If any provision of this Terms of Use or the Privacy Policy is, for any reason, held to be invalid or unenforceable, the other provisions shall be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

A printed version of this Terms of Use and the Privacy Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use and the Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is your express wish that this Terms of Use and the Privacy Policy and all related documents be written in English.

User’s Authority

You represent that you are of legal age, sound mind and competent to enter into a legally-binding transaction, that you are authorized to bind and do bind any entity your represent to these Terms of Use, and that you have been advised to seek legal counsel before agreeing to these Terms of Use and that you freely, voluntarily and without duress or undue force, pressure or influence, agree to these Terms of Use on behalf of yourself and the entity you represent and that you recognize the legal significance of the same and agree to be bound by the Terms of Use.

Contact Us

We welcome your questions, comments and feedback pertaining to your privacy or any other issue with regard to the Site or any of the Applications.

Please contact us at: customer.support@kleanoutdoors.com.

See the most current version of this document at https://www.kleanoutdoors.com/terms

© Copyright 2019 KleanOutdoors, LLC. All rights reserved.

Last updated: September 18, 2019.