Terms & Conditions
Last Modified: as of 09/30/2022
I. PLEASE READ THESE TERMS BEFORE USING SITE
These terms and conditions ("Terms & Conditions") are entered into between you and Outerknown, LLC ("Outerknown", "we", or "us"). The following terms and conditions, together with any documents expressly incorporated, including our Privacy, Shipping Information, and Returns & Exchanges policies, govern your access to and use of the website www.outerknown.com (the "Website"), including any content, functionality, and service offered in or through the Website, whether as a site visitor, customer, or registered user.
This Website is offered to and available to users who are 18 years of age or older and reside in the United States. By using the Website, you represent and warrant that you are 18 years of age or older; if you are not, you may not use the Website.
II. PRODUCT ORDERS
All orders placed through the Website are subject to Outerknown’s acceptance. This means that Outerknown may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Outerknown will issue you a refund.
III. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
IV. USE OF MATERIALS; RESTRICTIONS
The Website and its content, including images, illustrations, articles, and postings, are the property of Outerknown. The Website and content are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Outerknown and by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, upload, post, or distribute in any way any content from the Website or any other site owned and operated by Outerknown without the prior written approval of Outerknown. You may not use any data mining, robots, or other data gathering methods. Nothing in these Terms & Conditions shall be interpreted as granting a license of intellectual property rights to you, the user.
Any use of the materials on the Website in a manner contrary to the above stated manner constitutes a breach of these Terms & Conditions and may subject you to claims for, among other things, intellectual property infringement. Outerknown may take necessary legal action to enforce its intellectual property rights.
Outerknown and its related names and logos are trademarks owned or licensed by Outerknown. Other trademarks not specifically listed here, but which are associated with Outerknown, may also be protected by law. Unauthorized use of these trademarks is strictly prohibited.
VI. RELIANCE ON INFORMATION POSTED
The Website may include content provided by third parties, including information provided by other users. Statements and opinions expressed in such content, and all responses to questions and other content, other than content provided by Outerknown, are solely the opinions and responsibility of the person providing them. Such content does not necessarily reflect the opinion of Outerknown.
VII. THIRD PARTY PRODUCTS AND SERVICES
The Website may at times be linked to other sites. Outerknown is not responsible for the content of any site that may be linked to the Website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services, or hyperlinks appear on the Website. Any other site accessed from the Website is wholly independent from Outerknown. Further, linking to another site is not meant to signify endorsement or approval by Outerknown of the third party site and its content. Such third party links are provided for the convenience of the user. You, the user, access third party sites and content at your own risk. Your correspondence or business dealings with third parties found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.
VIII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, OUTERKNOWN DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IF YOU, THE USER, RELY ON THE WEBSITE OR ANY OF ITS CONTENT, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN RISK. OUTERKNOWN DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, OR THAT IT WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. OUTERKNOWN DOES NOT WARRANT THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. THE FOREGOING SHOULD BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OUTERKNOWN, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, OR MANAGERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU AGREE TO THE ASSUMPTION OF RISK RELATING TO YOUR USE OF THE WEBSITE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by items you purchase through the Website.
IX. WORLD-WIDE APPLICABILITIES AND LAWS
The Website is presented by Outerknown from within the United States. Outerknown makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the Website.
X. JURISDICTION AND VENUE
You agree that any legal action brought against Outerknown shall be governed by the laws of the State of Delaware without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Website shall be an appropriate federal or state court located in Delaware.
XI. IMPORTANT NOTICE FOR AMATEUR ATHLETES
You are responsible for ensuring that your use of or participation in the activities of the Website does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. Outerknown is not responsible or liable for your use of the website resulting in your ineligibility as an amateur athlete.
XII. PHYSICAL ACTIVITY NOTICE
This website may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Outerknown is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Website.
If any provision in these Terms & Conditions is held invalid, the remainder of these Terms & Conditions shall continue to be enforceable. If any provision in these Terms & Conditions is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms & Conditions and the remaining provisions are still valid and enforceable.
XIV. COMPLETE AGREEMENT
These Terms & Conditions, our Privacy, Shipping Information, and Returns & Exchanges policies, and product order confirmations constitute the sole and entire agreement between you and Outerknown regarding the Website and supersede all prior and contemporaneous understandings, representations, and warranties, both written and oral.
XV. S.E.A. JEANS: GUARANTEE FOR LIFE
Outerknown, LLC (“Outerknown”) hereby warrants that the S.E.A. Jeans (“the Product”) will be free from defects in material and workmanship (“the Warranty”) subject to the following terms and conditions:
- The Warranty is expressly limited to the original purchaser of the Product and non-transferrable thereafter.
- The Warranty is expressly limited to the repair and or replacement of the defective Product with a similar product as determined solely by Outerknown. In the event Outerknown determines, in its sole discretion, that it is not commercially feasible to repair or replace the defective Product, Outerknown may refund the original purchase price or provide a credit towards the purchase of a similar product sold by Outerknown.
- The Product shall have been subject to only normal use and shall not have been misused, neglected, altered, or improperly cared for as determined by Outerknown in its sole discretion.
- Defects to the Product will be determined solely by Outerknown and not by any representative, distributor, or dealer for Outerknown products.
- Any claim for a defective Product shall be in writing. Outerknown must approve and authorize the return of any Product prior to it being returned. All shipping and transportation costs associated with a return shall be prepaid by the returning party.
- Outerknown reserves the right to substitute, discontinue, alter, or modify the Product line (“Product Alteration”) at any time and without prior notice. In the event of a Product Alteration, Outerknown may, in its sole discretion, substitute the warranted Product with a similar product.
- This Warranty is the sole and exclusive remedy for any Product defect or nonconformity. Outerknown makes no other warranties other than those set forth herein and all other warranties are hereby expressly disclaimed. Outerknown’s total liability shall under no circumstances exceed the actual amount paid for the Product by the original purchaser.
XVI. Outerknown’s Refer-a-Friend Program Terms & Conditions
Qualified Referral. A Qualified Referral is defined as a purchase made at www.Outerknown.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $100 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
Reward Payments. Rewards are payable in increments of $30 store credits. The maximum Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility. Eligibility is limited to individuals only. Outerknown’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Outerknown’s sole discretion. (Corporations are not people, my friend!)
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Outerknown’s Refer-a-Friend program.
Right to Close Accounts. Outerknown reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Outerknown Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
XVII. YOUR COMMENTS AND CONCERNS
The Website is operated by Outerknown, LLC, 9300 Jefferson Blvd., Culver City, CA 90232.
To give feedback, comments, requests for technical or order support, or other communications please use our Contact Us page.