Terms and Conditions

Last updated March 31, 2023

1. Agreement To Terms

About your access to and use of the https://www.outfitoza.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), you, whether personally or on behalf of an entity (“you”) and Outfitoza (“Company,” “we,” “us,” or “our”). You acknowledge and accept that you have read, comprehended, and agreed to be bound by all of these Conditions of Use before visiting the Site.

You are strictly forbidden from using the site and must stop using it right away if you disagree with any or all of these terms of use.

The Site may occasionally post additional terms and conditions or documents, which are thus explicitly incorporated herein by reference. We retain the right to periodically update or modify these Conditions of Use in our sole discretion. The “Last updated” date of these Conditions of Use will be updated to inform you of any updates, and you renounce any claim to specific notice of any change. Every time you use our Site, please make sure to check the applicable Terms to know which ones are in effect. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information on the Site is not intended to be shared with or used by any person or organization in any jurisdiction or nation where doing so would be against the law or a rule, or if doing so would require us to register there. As a result, anybody choosing to access the Site from another place does so at their own free will and is entirely responsible for adhering to local laws, if and to the extent that they apply.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. Intellectual Property Rights

Unless otherwise stated, the Site is our property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics thereon (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are our property and are protected by copyright and trademark laws as well as other intellectual property rights and unfair competition law. For your information and private use only, the Content and the Marks are given on the Site “AS | IS.” Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

3. User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • The trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including
    without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or
    “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Site to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.

5. User-Generated Contributions

Users cannot publish or post material on the website. The ability to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material (collectively, “Contributions”), may be made available to you. Other Site users and third-party websites may be able to access contributions. As a result, the Site Privacy Policy may be applied to any Contributions you send. You represent and warrant the following when you produce or otherwise make any Contributions available:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or
    class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the
Site.

6. Contribution License

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices
(including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

Your Donations are not our property, according to us. All of your contributions, as well as any related intellectual property rights or other proprietary rights, are wholly yours. We disclaim all responsibility for any assertions or representations made by you in any of your Contributions to the Service. You expressly agree to absolve us of any liability and to forgo taking legal action against us in connection with your contributions, which you are exclusively responsible for on the Site.

7. Submissions

You understand and agree that any inquiries, concerns, ideas, suggestions, feedback, or other information you give to us regarding the Site (collectively, “Submissions”) are non-confidential and will be our exclusive property of us. Without acknowledgment or payment to you, We shall possess all exclusive rights, including all intellectual property rights, and shall be permitted to use and disseminate these Contributions for any lawful purpose (commercial or otherwise). In addition to guaranteeing that any such Submissions are your original work or that you have the legal right to submit them, you hereby relinquish all moral rights to any such Submissions. You acknowledge that in the event that any alleged or real infringement or misappropriation of a proprietary right in your Contributions occurs, you will have no legal recourse against us.

8. Third-Party Website And Content

The Site may contain (or you may be sent via the Site) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

9. Advertisers

In some places of the website, such as sidebar or banner adverts, we let advertisers to show their ads and other content. If you are an advertiser, you are entirely responsible for any advertising you post on the website, as well as any services you offer or goods you promote. Moreover, in your capacity as an advertiser, you guarantee and represent that you have all necessary rights, including but not limited to intellectual property, publicity, and contractual rights, to post advertising on the Site. We have no other interaction with advertisers other than to provide the platform for such adverts.

10. Site Management

We reserve the right, but not the obligation, to (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole judgment, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; and (3) in our sole judgment and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible), any of your rights, and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

11. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://www.outfitoza.com/privacy-policy/. Your acceptance of our Privacy Policy, which is incorporated into these Conditions of Use, is contingent upon your use of the Site. The Site is located in the United States, as you may be aware. Through your continued use of the Site, you are transferring your data to the United States and agreeing for your data to be transferred to and processed in the United States if you are accessing the Site from any other part of the world where the laws or other requirements governing personal data collection, use, or disclosure differ from those that apply in the United States.

12. Term And Termination

While you use the Site, these Terms of Use will continue to be in full force and effect. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without prior notification or liability, refuse access to and use of the site to anyone for any reason or no reason at all, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. This right includes blocking specific IP addresses. At any time, without prior notice, and at our sole discretion, we may stop allowing you to use or participate in the site or remove any material or information that you have submitted.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. Modifications And Interruptions

The Site’s contents are subject to alteration, modification, or removal at any time and without prior notice for any reason. We are not obligated to update any material on our website, though. Moreover, we retain the right to change or stop offering the Site altogether at any time without prior notice. Every time the Site is altered, its price is raised, it is suspended, or it is discontinued, we won’t be held responsible to you or any other person.

The availability of the Site cannot be guaranteed at all times. We could encounter hardware, software, or other issues or need to carry out maintenance on the Site, which might cause disruptions, delays, or mistakes. Without giving you prior notice, we retain the right to suspend, stop, change, amend, or otherwise modify the Site at any time and for any reason. You acknowledge that we are under no obligation to compensate you for any loss, harm, or inconvenience resulting from your inability to use or access the Site while it is unavailable or inactive. Nothing in these Conditions of Use shall be deemed to oblige us to provide any updates, releases, or corrections in connection with the Site or to maintain and support the Site.

14. Governing Law

The laws of the United States that apply to contracts made and completely to be executed inside the United States, without regard to its conflict of law provisions, shall govern these Terms of Use and your use of the Site.

15. Dispute Resolution

Any legal action of any kind brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be filed or prosecuted in the state and federal courts in California. The Parties hereby agree to and waive any objections to venue and jurisdiction in such state and federal courts, including the defenses of lack of personal jurisdiction and forum non conveniens. These Conditions of Use do not apply to the Uniform Computer Information Transaction Act (UCITA) or the United Nations Convention on Contracts for the International Sale of Products.

16. Corrections

The Site may contain typographical mistakes, inaccuracies, or omissions that may relate to the descriptions, prices, availability, or other information. We retain the right to alter or update the information on the Site at any time, without prior notice, to address any mistakes, inaccuracies, or omissions.

17. Disclaimer

The website is made accessible “as is” and “as available.” You acknowledge that using the website and our services is at your own risk. We disclaim all warranties, explicit or implicit, in relation to the site and your use of it, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permissible by law. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your, access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal. Information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise, caution where appropriate.

18. Limitations Of Liability

Even if we have been informed of the possibility of such damages, in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website.

19. Indemnification

You promise to protect us, our subsidiaries, affiliates, and each of our officers, agents, business partners, and staff members from and against any loss, damage, responsibility, claim, or demand made by any third party owing to or resulting from (1) use of the Site (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. User Data

For the purpose of maintaining the Site’s performance, we will keep track of some of the information you send to the Site, as well as information on how you use the Site. Despite the fact that we regularly back up your data, you are solely in charge of any data you communicate or that pertains to any activity you conduct while using the Site. You acknowledge that we will not be liable to you for any loss or corruption of such data, and you hereby release us from any claims you may have about such a loss or corruption of data.

21. Electronic Communications, Transactions, And Signatures

Electronic communications include messages sent to us via email, website visits, and online form submissions. You agree that all agreements, notices, disclosures, and other communications that we give to you electronically through email and on the Site fulfill any legal need that such communications be in writing. You also consent to receive electronic communications from us. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. Contact Us

For any questions about the Terms, please contact us at [email protected] for more information.