The following terms (“Terms of Use”) constitute an agreement between Outdoor Yak and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Outdoor Yak (“Website”), located at https://outdooryak.com/
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Outdoor Yak reserves the right to modify, alter, amend or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
ADVERTISING
Display Ads
The Website e may use third-party advertising companies to serve content and advertisements when you visit the Website, which may use cookies. No personally identifiable information is shared with the Website’s ad providers. Read our Privacy Policy for more information.
Retargeting Ads
From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website.
Sponsored Content Tracking Pixels
This Website may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.
Affiliate Program Participation
The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.
Outdoor Yak is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com. As part of this Amazon Associates program, the Website will post customized links, provided by Amazon, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.
Newsletters
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, Outdoor Yak may see if and when you open an email and which links within the email you click. Also, this allows Outdoor Yak to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.
RIGHTS RELATED TO YOUR PERSONAL INFORMATION
Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us here to be removed from our mailing list.
Access – You may access the personal information we have about you by submitting a request here.
Amend – You may contact us here to amend or update your personal information.
Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request here.
Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.
SENSITIVE PERSONAL INFORMATION
At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.
CHILDREN’S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately here. We will use our best efforts to promptly remove such information from our records.
AFFILIATE MARKETING
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
FTC DISCLOSURE
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Outdoor Yak to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, Outdoor Yak gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
GENERAL DISCLAIMER
Outdoor Yak has made every effort to ensure that all information on the Website has been tested for accuracy. Outdoor Yak makes no guarantees regarding the results that you will see from using the information provided on the Website.
YOUR RESPONSIBILITY
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Outdoor Yak makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Outdoor Yak assumes no responsibility for errors or omissions that may appear on the Website.
USE OF THE WEBSITE
Unless otherwise stated, Outdoor Yak owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental, or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on this website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow the sharing of content via social media channels, email, or other methods. The use of these plugins or widgets does not constitute any waiver of Outdoor Yak’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Outdoor Yak.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Outdoor Yak’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Outdoor Yak’s express written permission.
COPYRIGHT
Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by Outdoor Yak or third parties and are protected by the United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
Outdoor Yak’s trademarks and trade dress may not be used in connection with any product or service that is not Outdoor Yak’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Outdoor Yak.
From time to time, the Website will legally utilize trademarks owned by third parties related to Outdoor Yak’s services. These trademarks are the respective property of their owners.
GRANT OF RIGHTS
You grant Outdoor Yak a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Outdoor Yak the right to sub-license these rights and the right to bring an action for infringement of these rights.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Outdoor Yak or a third party.
Outdoor Yak reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Outdoor Yak’s servers; or, (iii) hosted or published on the Website. Outdoor Yak takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Outdoor Yak’s rights under the Terms of Use, Outdoor Yak does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request here and we will remove the image within 24 to 48 hours.
COMMUNICATION
If you send Outdoor Yak an email, register to use the Website, or provide your email to Outdoor Yak in any other way, you consent to receive communications from Outdoor Yak electronically. You agree that all legal notices provided via electronic means from Outdoor Yak satisfy any requirement for written notice.
THIRD PARTIES
The Website contains links to third-party websites that are not governed or controlled by Outdoor Yak. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Outdoor Yak assumes no control or liability over the content of any third-party sites. You expressly hold harmless Outdoor Yak from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Outdoor Yak harmless from any and all liability in any dispute.
NO WARRANTIES
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Outdoor Yak makes no representations or warranties in relation to the Website or the information and materials provided therein.
Outdoor Yak makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the website. Outdoor Yak is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
Outdoor Yak WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER, CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold Outdoor Yak, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Outdoor Yak suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Wisconsin. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Outagamie County, Wisconsin. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without Outdoor Yak’s prior written consent, however, the Terms of Use may be assigned by Outdoor Yak in its sole discretion.
The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Outdoor Yak LLC.
All notices with respect to the Terms of Use must be in writing and may be sent here.