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Terms of Service

These TERMS OF USE (this “Agreement”) concern the AnchoredOutdoors.com website (together with its pages and features, the “Site”), and those certain services provided on, through or in relation to the Site described further below (collectively, the “Services”). This Agreement is made and entered into by and between you and any person helping you visit, access, register with or use the Site and/or the Services (collectively, “you” or “your”), on the one side, and Anchored Outdoors, on the other side.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE SERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ANCHORED OUTDOORS. THIS INCLUDES THE “DISPUTE RESOLUTION” CLAUSE CONTAINED IN THIS AGREEMENT, WHICH PROVIDES FOR BINDING ARBITRATION AND WAIVERS OF JURY TRIALS AND CLASS ACTIONS.

WHEN YOU CREATE, REGISTER WITH OR LOG INTO AN ACCOUNT THROUGH THE SITE OR THE SERVICES, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS AGREEMENT.

SIMILARLY, BY VISITING, ACCESSING, REGISTERING WITH OR USING THE SITE OR THE SERVICES YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS AGREEMENT, AND YOUR CONTINUING VISIT, ACCESS, REGISTRATION WITH OR USE OF THE SITE OR THE SERVICES REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT IN ITS ENTIRETY, THEN YOU ARE STRICTLY PROHIBITED FROM VISITING, ACCESSING, REGISTERING WITH AND/OR USING THE SITE OR THE SERVICES.

ANCHORED OUTDOORS MAY SUPPLEMENT, AMEND OR OTHERWISE MODIFY THIS AGREEMENT AT ANY TIME. SUCH MODIFICATIONS WILL BE POSTED ON THIS OR A SIMILAR PAGE OF THE SITE AS APPLICABLE, EMAILED TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR USER ACCOUNT (DEFINED BELOW) OR POSTED TO YOUR USER ACCOUNT (DEFINED BELOW), AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATE. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS AGREEMENT AND YOUR USER ACCOUNT (DEFINED BELOW) EACH TIME YOU VISIT, ACCESS, REGISTER WITH OR USE THE SITE.

1. Eligibility.

The Site and the Services are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement. By visiting, accessing, registering with or using the Site, or by purchasing or using any products or services through the Site (including, without limitation, the Services), you represent and warrant to Anchored Outdoors that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Site and for purchasing and using any products or services through the Site, and you may only use them for lawful purposes.

2. Privacy.

Anchored Outdoors respects your privacy and the use and protection of your personal information. Anchored Outdoors’ policies concerning the collection and use of your personal information in connection with the Site are set forth in the Privacy Policy, which you should carefully review each time you visit, access, register with or use the Site.

3. Description of Services.

The following further describes the Services. Anchored Outdoors reserves the right, but not the obligation, to change or otherwise alter the operation, features and content of the Services as Anchored Outdoors sees fit in its sole discretion from time-to-time.

a. Program Services. The Services include an online subscription-based video-on-demand service that provides subscribers with original or licensed content and information by way of limited streaming.

4. Your Devices.

Certain portions of the Site may be configured for, and Anchored Outdoors may offer the Site through, computers, tablets, smart phones and/or other electronic devices (“Device(s)”), and this Agreement shall apply with equal force and measure to your visit, access, registration with and use of the Site through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Site. Anchored Outdoors does not guarantee that the Site or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. If you visit, access or use the Site through a particular Device, then you hereby acknowledge and agree that information about your use of the Site through that Device or its carrier or network (such as, by way of example only, the identity of your Device or its carrier or network) may be communicated to Anchored Outdoors and/or certain third parties. ALL OR ANY PART OF THE VOICE, MESSAGE, AND DATA FEES, RATES, CHARGES AND TAXES OF YOUR DEVICE’S CARRIER OR NETWORK, OR ANOTHER THIRD PARTY, MAY APPLY TO YOUR VISIT, ACCESS, REGISTRATION WITH AND/OR USE OF THE SITE. ANCHORED OUTDOORS IS NOT RESPONSIBLE FOR, AND YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR, ALL DEVICE, CARRIER AND NETWORK FEES, RATES, CHARGES AND TAXES WHICH MAY APPLY, IF ANY.

5. Ownership.

The Site, the Services and all elements and derivatives thereof (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by Anchored Outdoors. In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of Anchored Outdoors’ or its licensors’ respective rights and remedies under applicable law.

6. Rights, Permissions, and Consents.

a. License of the Site. Subject to the terms and conditions of this Agreement, Anchored Outdoors grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. If you have a User Account (defined below) in good standing, then, subject to any associated payment and registration obligations imposed by or with the prior consent of Anchored Outdoors, said license shall extend to the subscription-only pages of the Site through which subscribers may utilise the Services through the Site in accordance with this Agreement. Your unauthorised use of the Site or the Services, or any breach by you of this Agreement, automatically terminates this license.

b. License of the Services. If you have a User Account (defined below) in good standing, then, subject to the terms and conditions of this Agreement, and any associated payment and registration obligations as imposed by or with the prior consent of Anchored Outdoors, Anchored Outdoors grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and use the Services through the Site, as applicable, for your personal and non-commercial use, with such use being limited to the country or other jurisdiction in which you have established your User Account, and with such use being further limited to those geographic areas where Anchored Outdoors offers the applicable Services. For the avoidance of doubt, the foregoing license does not grant you any right to reproduce (other than Anchored Outdoors permitted downloads), publicly perform, publicly display, distribute, transmit or create derivatives of the Services or any elements or derivatives thereof (including, without limitation, or any data or content found thereon or therein, in whole or in part), and you are prohibited from engaging in any such activities. For the further avoidance of doubt, Anchored Outdoors may, from time-to-time, conduct certain audit, repair, modification and/or testing activities in relation to the Site and/or the Services for purposes of developing, improving, researching, troubleshooting, repairing and/or otherwise modifying the foregoing; and Anchored Outdoors reserves the right, but not the obligation, to perform such activities without notice to you, and to exclude you from those activities without notice to you. In the event of the termination of this Agreement, the termination or cancellation of your User Account, or your sale or otherwise transfer to a third party of a Device containing any downloads from the Services, whichever is earlier, you must remove from all of your Devices all downloads from the Services to those Devices upon such termination or cancellation or before the time of such sale or other transfer.

c. Reservation of Rights. Nothing in this Agreement shall restrict or limit Anchored Outdoors’ rights, titles or interests in or to the Site, the User Materials or any elements or derivatives of the foregoing.

7. Suspension or Termination of Service.

Anchored Outdoors has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site, the Services and/or your User Account (defined below) at any time, and without notice or recourse, as Anchored Outdoors deems advisable in its sole discretion. ANCHORED OUTDOORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH SUSPENSIONS OR TERMINATIONS (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OF SERVICE OR LOSS OF CONTENT)

8. User Account.

a. Registration. As explained further above, to secure the right to access and use the subscription-only pages of the Site, and the Services (with all such Services being subscription based), you must, in addition to subscribing to Anchored Outdoors (as further described in section 9 below), register with and create a personal user account with Anchored Outdoors through the Site (“User Account”), as well as further acknowledge your acceptance of and agreement to this Agreement and those additional terms, conditions and policies referenced herein, as Anchored Outdoors may require from time-to-time. As part of the registration process, you may be required to satisfy certain conditions precedent imposed by Anchored Outdoors (including, for example, providing additional information to Anchored Outdoors, and entering into additional agreements with Anchored Outdoors).

b. User Account Activity and Information. You are responsible for all activity that occurs under your User Account and prohibited from authorising or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current payment method and email address) because your failure to do so may result in your inability to access, use and/or receive all or any part of the Site, and/or the Services and/or Anchored Outdoors’ termination of this Agreement. For security purposes, you shall immediately notify Anchored Outdoors if you suspect a third party has gained access to or is using your User Account without authorisation. For the avoidance of doubt, Anchored Outdoors has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors and vendors to access and use, the information in your User Account in order to facilitate the exercise and performance of Anchored Outdoors’ rights and obligations under this Agreement, the operation of the Site and/or any other the rights, obligations and services related to the subject matter of this Agreement (including, without limitation, payments, and communications).

c. Indemnification. IF YOU FAIL TO COMPLY WITH ANY TERMS OR CONDITIONS OF SECTIONS 8(B) ABOVE (WHETHER INTENTIONALLY OR UNINTENTIONALLY), THEN YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES THEREOF (INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORISED CHARGES AND PAYMENTS, ANY UNAUTHORISED CHANGES TO YOUR USER ACCOUNT INFORMATION AND SETTINGS AND ANY UNAUTHORISED ACCESS OR USE OF YOUR USER ACCOUNT), AND AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS ANCHORED OUTDOORS AND ANCHORED OUTDOORS’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEY FEES) INCURRED BY SUCH INDEMNITIES, OR ASSERTED AGAINST SUCH INDEMNITIES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH YOUR FAILURE TO COMPLY WITH SUCH TERMS OR CONDITIONS.;

9. Payments and Subscriptions.

a. Subscription Terms. As explained further above, to secure the right to access and use the subscription-only pages of the Site and the Services (with all such Services being subscription based), and to maintain your User Account in good standing, you must subscribe to Anchored Outdoors on a month-to-month basis or an annual basis. Accordingly, you understand and acknowledge that, with the exception of any free trial periods, Anchored Outdoors will charge you a recurring monthly or annual subscription fee in exchange for your right to access and use the subscription-only pages of the Site and the Services in accordance with this Agreement (the “Subscription Fee(s)”). At the start of each subscription (monthly or annual) period, Anchored Outdoors will charge the Subscription Fee to your credit card or debit card on file with Anchored Outdoors, as identified in your User Account; the payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendor(s), and accessible through the Site; and you will receive a receipt through your User Account. For purposes hereof, each “monthly subscription period” shall consist of a period of one month beginning on the calendar day corresponding to the commencement of your subscription – for example, if you subscribe on June 5, then the monthly subscription period shall be for a one-month period beginning on that June 5 and ending on the following July 4. Alternatively, if you choose “annual subscription” the period shall consist of one year beginning on the calendar day corresponding to the commencement of your subscription.

b. Subscription Fee Amounts. The amount of each Subscription Fee will be set by Anchored Outdoors in its sole discretion. Information about Anchored Outdoors’ current Subscription Fee rate amounts is available HERE. By accepting the terms and conditions of this Agreement, you understand and acknowledge that Anchored Outdoors reserves the right, but not the obligation, to increase its Subscription Fee rate amounts at any time and as Anchored Outdoors sees fit in its sole discretion.

c. Promotional Free Trials and Discounts. Anchored Outdoors reserves the right, but not the obligation, to afford you a promotional free trial period(s) or discounted Subscription Fee amount(s) for accessing and using the subscription-only pages of the Site and/or the Services. Anchored Outdoors will not charge you a Subscription Fee for any such promotional free trial period. However, upon the expiration of any such promotional free trial period or discounted Subscription Fee amount, you must further agree to the terms and conditions of this Agreement and pay the applicable Subscription Fees in order to receive the continued right to access and use the subscription-only pages of the Site and/or the Services, as applicable.

d. Third-Party Payment Processing Vendor. All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application that is provided by a third-party vendor(s). ANCHORED OUTDOORS’ RELATIONSHIP WITH ITS THIRD-PARTY PAYMENT PROCESSING VENDOR(S), IF ANY, IS MERELY CONTRACTUAL IN NATURE, AS IT IS NOTHING MORE THAN A THIRD-PARTY VENDOR AND IS IN NO WAY SUBJECT ANCHORED OUTDOORS’ DIRECTION OR CONTROL; THUS, THEIR RELATIONSHIP IS NOT, AND SHOULD NOT BE CONSTRUED AS, ONE OF FIDUCIARIES, FRANCHISORS-FRANCHISEES, AGENTS-PRINCIPALS, EMPLOYERS-EMPLOYEES, PARTNERS, JOINT VENTURERS, CONTRACTORS OR THE LIKE.

e. Payment Authorisation. IF YOU PROVIDE ANCHORED OUTDOORS WITH YOUR PAYMENT INFORMATION, THEN YOU AUTHORISE ANCHORED OUTDOORS TO DO THE FOLLOWING AS ANCHORED OUTDOORS DEEMS NECESSARY, ALTHOUGH ANCHORED OUTDOORS HAS NO OBLIGATION TO DO SO: (A) SHARE YOUR PAYMENT INFORMATION WITH ITS THIRD-PARTY PAYMENT PROCESSING VENDOR(S); (B) OBTAIN YOUR UPDATED PAYMENT INFORMATION FROM YOUR PAYMENT ISSUER, ANCHORED OUTDOORS’ THIRD-PARTY PAYMENT PROCESSING VENDOR(S) AND/OR APPLICABLE THIRD-PARTY PROVIDERS; AND (C) USE YOUR PAYMENT INFORMATION TO CHARGE PAYMENTS THAT ACCRUE UNDER YOUR ACCOUNT(S) WITH ANCHORED OUTDOORS IN ACCORDANCE WITH THIS AGREEMENT.

f. Payment Obligations. You agree that you are responsible for the payment of all amounts that accrue under your account(s) with Anchored Outdoors, Anchored Outdoors’ third-party payment processing vendor(s), and/or any other third-party providers on or through the Site. You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorise or accept on or through the Site, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

g. Waiver of Claims; UnauthoriSed Payments. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ALL CLAIMS AGAINST ANCHORED OUTDOORS RELATED TO ANY UNAUTHORISED PAYMENTS MADE ON OR THROUGH YOUR ACCOUNT(S) WITH ANCHORED OUTDOORS, ANCHORED OUTDOORS’ THIRD-PARTY PAYMENT PROCESSING VENDOR(S), ANY OTHER THIRD-PARTY PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY, REGARDLESS OF WHETHER THEY ARE AUTHORISED OR UNAUTHORISED. However, you may submit a claim of the unauthorised payment to Anchored Outdoors, and Anchored Outdoors will undertake a reasonable investigation as it sees fit under the circumstances of and, if Anchored Outdoors deems appropriate, assist in correcting the alleged unauthorised payment, provided that such claim (“Unauthorised Payment Claim”) is received by Anchored Outdoors within fifteen (15) days of the subject charge or payment.

h. Accurate Payment Information. You represent and warrant to Anchored Outdoors that any payment information you provide on or through the Site is current, complete, and accurate; and that you will promptly notify Anchored Outdoors if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.

i. No Refunds. All sales and payments made on, through or regarding the Site and/or your User Account are final, irrevocable, and not subject to or eligible for refund or return, in whole or in part, unless otherwise expressly stated in this Agreement.

j. Refusal of Products and Services. Anchored Outdoors has the right, but not the obligation, to refuse any and all of its products and services to you (including, without limitation, the Services) if it suspects that you are in any way involved in fraudulent or illegal activity (including, without limitation, the use of stolen credit cards). Anchored Outdoors may contact your payment method issuer, law enforcement or others and share information relating to your payments if Anchored Outdoors believes doing so will prevent a violation of the law or financial loss.

k. Cancellations; Recurring Charges. You may cancel your subscription at any time through the cancellation feature of your User Account. If you do not cancel your subscription before the end of the then-existing monthly subscription period, then Anchored Outdoors will bill you for, and you must pay for, the subsequent monthly subscription period. If you cancel your subscription prior to the end of the then-existing monthly subscription period, then your right to access and use the subscription-only pages of the Site and the Services may continue through the end of said then-existing monthly subscription period.

10. Electronic Communications.

a. Express Consent. YOU HEREBY EXPRESSLY CONSENT TO ANCHORED OUTDOORS AND ITS AFFILIATED COMPANIES SENDING OR OTHERWISE COMMUNICATING WITH YOU FOR ANY PURPOSE (INCLUDING, WITHOUT LIMITATION, FOR ADVERTISING, TELEMARKETING, OR OTHER MARKETING OR PROMOTIONAL PURPOSES, OR FOR SENDING OR NOTIFYING YOU ABOUT SPECIAL OFFERS, UPDATES, NEWSLETTERS OR OTHER INFORMATIONAL PURPOSES) VIA ANY ELECTRONIC MEANS OR FORMS AS ANCHORED OUTDOORS DEEMS APPROPRIATE IN ITS SOLE DISCRETION, WHETHER THROUGH THE SITE, THROUGH YOUR USER ACCOUNT, BY PERSONAL COMMUNICATION, BY EMAIL, BY AUTOMATIC TELEPHONE DIALLING SYSTEM, BY ARTIFICIAL OR PRERECORDED VOICE, BY ONLINE SOCIAL MEDIA, BY TEXT MESSAGE (E.G., SHORT MESSAGE SERVICE A/K/A SMS, AND MULTIMEDIA MESSAGING SERVICE A/K/A MMS) OR BY OTHER ELECTRONIC MEDIA MEANS OR FORMS. BY GIVING SUCH CONSENT, YOU AGREE THAT NO SUCH COMMUNICATION SHALL VIOLATE THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT, OR ANY OTHER APPLICABLE LAWS, RULES, OR REGULATIONS. VOICE, MESSAGE, AND DATA FEES, RATES, CHARGES AND/OR TAXES MAY APPLY TO YOU, AND YOU ARE RESPONSIBLE FOR PAYMENT OF THE SAME. YOU ARE NOT REQUIRED TO GRANT THE FOREGOING CONSENT AS A CONDITION FOR PURCHASE OR LICENSE OF ANY OTHER ANCHORED OUTDOORS PRODUCTS OR SERVICES.

b. Email Opt-Out. You may opt-out of receiving any emails by following the opt-out instructions in any such emails you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site,, your User Account, Anchored Outdoors’ products or services, and/or your ability to receive certain messages and/or notifications from Anchored Outdoors.

11. Submissions.

Anchored Outdoors does not accept unsolicited materials or ideas for content, and you acknowledge and agree that neither Anchored Outdoors nor any of Anchored Outdoors’ content providers are responsible or liable for the similarity of any information or content made available on or through the Site and/or the Services.

12. Prohibited Activities.

You shall not engage in any of the following activities at any time with respect to the Site or the Services: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Anchored Outdoors or its licensors with respect to the Site or the Services); (c) the reproduction of the Site or the Services or any information or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authoriSed by Anchored Outdoors herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements to or through the Site that is false, misleading, deceptive or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (i) the systematic retrieval or copying of any information or content found on or through the Site or their servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (j) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site or their servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like in relation to the Site or their servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site or their servers; (m) any act that gains or attempt to gain unauthorised access to computer systems, networks, information or materials through the Site or their servers; or (n) any other act that Anchored Outdoors becomes aware of and believes in good faith is improper, illegal or harmful to the Site, their servers, or any person, entity or property.

13. Links to Other Sites, Apps, Networks, Platforms, and Servers.

a. Linked Technologies. The Site, the Services and/or any communications sent through or as a function thereof may contain links to third-party websites, networks, platforms, servers and/or applications, and, similarly, third-party websites, networks, platforms, servers and/or applications may contain links to the Site and/or the Services (collectively, “Linked Technologies”). The Linked Technologies are not under the control of Anchored Outdoors. The Site, the Services and any such communications contain the outgoing links as a convenience to you.

b. Disclaimer About Linked Technologies. ANCHORED OUTDOORS IS NOT RESPONSIBLE FOR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM THE LINKED TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, MALICIOUS SOFTWARE, SPYWARE PROGRAMS, INACCURATE INFORMATION AND ILLEGAL CONTENT). ANCHORED OUTDOORS DOES NOT MAKE, NOR HAS ANCHORED OUTDOORS MADE, ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR OTHERWISE) CONCERNING THE TERMS OF USE OR SERVICE, PRIVACY POLICIES, AGREEMENTS, INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM THE LINKED TECHNOLOGIES; NOR SHALL THE FACT THAT THE SITE MAY LINK TO OR FROM ANY LINKED TECHNOLOGIES CONSTITUTE AN AFFILIATION WITH, ASSOCIATION WITH OR ENDORSEMENT OF SUCH LINKED TECHNOLOGIES OR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM SUCH LINKED TECHNOLOGIES. IF YOU DECIDE TO ACCESS ANY LINKED TECHNOLOGIES, THEN YOU DO SO AT YOUR OWN RISK.

14. Take Down.

Anchored Outdoors reserves the right, but not the obligation, to take down or otherwise exclude from the Site, without notice or recourse, any communications, names, photographs, information and/or content made or submitted by you or others on or through the Site which Anchored Outdoors believes at any time and in its sole discretion to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity; plagiarising; defamatory; disparaging; embarrassing towards any person or entity; disclosing of confidential, private or personal information about or belonging to any person or entity; profane; indecent; obscene; racist, sexist, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; illegal; false; misleading; deceptive; inciting violence; hate speech; and/or a political attack on a group or individual.

15. Copyright Infringement.

Anchored Outdoors respects the copyrights of others and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Site, or from engaging in any activities on or through the Site, which violate the copyrights of others. It is the policy of Anchored Outdoors to terminate, and Anchored Outdoors reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of any subscriber and account holder (which may include, without limitation, you) to access, register with and use the Site who is a repeat copyright infringer. And if Anchored Outdoors becomes aware that a user who is not a subscriber or account holder (which may also include, without limitation, you) is a repeat copyright infringer, then it is the policy of Anchored Outdoors to take reasonable steps within its power to terminate, and Anchored Outdoors reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of that user to access and use the Site. The following procedures shall apply in the event that you or another person or entity alleges that the reproduction, public performance, public display, digital transmission or other use of a work found on the Site infringes your copyright, the copyright of said person or entity or any other intellectual property right owned by you or said person or entity.

16. User Representations, Warranties, and Covenants.

You represent, warrant and covenant to Anchored Outdoors that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that by accepting this Agreement you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state or local laws which may concern the Site, their servers, the Services or any information, communications or content found on or through them; (g) you are the exclusive owner of all rights, titles and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass or disclose confidential, private or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology; (l) Anchored Outdoors is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under this Agreement; (m) no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to Anchored Outdoors in connection with your access or use of the Site and the Services is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.

17. Disclaimers and Limitations.

a. General Disclaimer. YOUR VISIT, ACCESS, REGISTRATION WITH OR USE OF THE SITE AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY WAY IS DONE AT YOUR OWN RISK. THE SITE, THE SERVICES, THE SUCCESS OR PERFORMANCE OF THE SITE OR THE SERVICES AND ALL INFORMATION, COMMUNICATIONS, CONTENT, FEATURES, PRODUCTS AND SERVICES OFFERED, SOLD, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE OR THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. ANCHORED OUTDOORS DOES NOT MAKE, NOR HAS ANCHORED OUTDOORS MADE, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN OR EXPRESS OR IMPLIED) TO YOU WITH RESPECT TO THE SITE, THE SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, FEATURES, PRODUCTS OR SERVICES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, RELIABILITY OR SAFETY. ANCHORED OUTDOORS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING, TITLE, NON-INFRINGEMENT, QUALITY, ACCURACY, RELIABILITY AND PERFORMANCE) AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO THE SITE, THE SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, FEATURES, PRODUCTS AND SERVICES AND THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, RELIABILITY AND SAFETY. ANCHORED OUTDOORS DOES NOT MAKE, NOR HAS ANCHORED OUTDOORS MADE, ANY AFFIRMATION OF FACT, PROMISE OR WARRANTY (EXPRESS, IMPLIED OR OTHERWISE) RELATING TO THE SITE, THE SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, FEATURES, PRODUCTS OR SERVICES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, RELIABILITY OR SAFETY THAT EXTENDS BEYOND THE FACE OF THIS AGREEMENT OR THAT HAS BECOME ANY BASIS OF ANY BARGAIN.

b. Disclaimer About Products and Services. ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS AND PRICES OF ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) ARE SUBJECT TO CHANGE AT ANY TIME AND WITHOUT NOTICE TO YOU.

c. Disclaimer About System Delays. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SITE AND/OR THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THIRD-PARTY COMMUNICATION NETWORKS AND FACILITIES THAT ARE OUTSIDE OF ANCHORED OUTDOORS’ CONTROL. ACCORDINGLY, ANCHORED OUTDOORS SHALL NOT BE RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS, ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES OR DAMAGES ASSOCIATED WITH THE SITE AND/OR THE SERVICES WHICH RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS OR OTHER FAILURES OF OR PROBLEMS WITH THE SITE AND/OR THE SERVICES WHICH ARE OUTSIDE OF ANCHORED OUTDOORS’ CONTROL (INCLUDING, WITHOUT LIMITATION, SCHEDULED MAINTENANCE OR NETWORK FAILURE).

18. General Release of Claims.

YOU HEREBY RELEASE AND HOLD HARMLESS ANCHORED OUTDOORS AND ANCHORED OUTDOORS’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE SITE, THE PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS AND PRIVILEGES RELATING TO THE USER MATERIALS AND/OR ANY ELEMENTS, DERIVATIVES OR MARKETING OF THE FOREGOING).

19. Indemnification.

YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS ANCHORED OUTDOORS AND ANCHORED OUTDOORS’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEYS’ FEES) INCURRED BY SUCH INDEMNITIES, OR ASSERTED AGAINST SUCH INDEMNITIES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACTS, ERRORS OR OMISSIONS, (B) YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) YOUR VIOLATION OF THE RIGHTS OF OR OTHER INJURY TO ANY THIRD PARTY, AND/OR (D) YOUR BREACH OF ALL OR ANY PART OF THIS AGREEMENT.

20. Term; Termination; Survival.

This Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Agreement. Anchored Outdoors may terminate this Agreement at any time, for any or no reason, and without notice to you (including, without limitation, if Anchored Outdoors believes that you have violated or acted inconsistently with any term or condition of this Agreement). You may terminate this Agreement at any time and for any or no reason by cancelling your subscription with Anchored Outdoors. If this Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically revert back to Anchored Outdoors, and the following shall survive in perpetuity: (a) all defined terms under this Agreement; (b) all rights and privileges under this Agreement which were granted to and/or accrued in favor of Anchored Outdoors and/or any of Anchored Outdoors’ officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Agreement.

21. Relationship.

In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the Site, the Services or a Party’s visit to, access of, registration with or use of the Site and/or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you or Anchored Outdoors.

22. Miscellaneous.

a. Electronic Signatures. IF YOUR ACCEPTANCE OF THIS AGREEMENT IS FURTHER EVIDENCED BY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A “CHECK THE BOX” ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT. HOWEVER, FOR THE AVOIDANCE OF DOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATE YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT, AS YOU AGREE THAT THE CONDUCT DESCRIBED IN THIS AGREEMENT AS RELATING TO YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT ALONE SUFFICES.

b.Excused Performance. Anchored Outdoors is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterised as a force majeure event.

c.Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Anchored Outdoors’ prior written consent in each instance.

d. Construction and Interpretation. This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.

e. Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of this Agreement.

f. Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.

g. Entire Agreement. This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s Privacy Policy), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

27. Contact Us.

Please direct any questions you may have about the Site, the Services or this Agreement to [email protected]