Terms of Service

Last updated: 9/30/2025

PLEASE READ: THESE TERMS & CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 16). PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. 

Outside Livin Inc. dba “Outside Life” and “SkiSync” (together with our affiliates, “Outside Livin”, “we”, “our” or “us”) is a leading travel company that provides unique travel adventures and experiences and related products, services, content and features through our platforms, such as our website available at https://www.outsidelife.com  (the “Website”) and through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and Outside Livin-controlled social media pages (including on Facebook, Instagram, and TikTok) (collectively, our “Platforms”). The Website, Apps and Platforms, together with the services and products offered on or through the Website, Apps, and Platforms, are collectively called “the Services”. By visiting, browsing, or using the Services in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (these “Terms”), which forms a binding agreement between you and Outside Livin. 

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time in our sole discretion. You should check these Terms periodically for changes. From time to time, we may supplement these Terms with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms. By using our Services after we post any changes to these Terms, you are deemed to have accepted those changes, whether or not you have reviewed them. If you do not agree to, or do not wish to be bound by, these Terms, you may not access or use our Services. These Terms begin on the date you first access or use any of the Services and continue as long as you continue to use the Services.

If you do not comply with these Terms at any time, we reserve the right to terminate, delete and/or deactivate your password, user account, and/or present or future access to our Services (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services, including, but not limited to, restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of our Services. 

Upon termination of these Terms for any reason, all licenses granted by Outside Livin to you herein will terminate; provided, however, that the following sections shall survive termination: Privacy (Section 3), User Content (Section 5), Indemnification (Section 9), No Warranties (Section 12), Limitation of Liability (Section 13), Intellectual Property (Section 14), Arbitration Requirement & Class Action Waiver (Section 16), Contracting Entities, Governing Law and Jurisdiction (Section 17), and all general provisions. 

1.Who May Use the Services.

You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to use the Services. If you are a parent or legal guardian of a user under the age of 18 years old, you are subject to these Terms and responsible for that user’s activity and use of the Services by allowing them to use the Services.

We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Services is deemed to be revoked where these Terms or use of the Services are prohibited or conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party. 

2. License to Use the Services.

Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, Outside Livin grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content available on and in connection with the Services and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Outside Livin.

Except as expressly permitted in writing by an authorized representative of Outside Livin, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Services or any part thereof, nor will you take any measures to interfere with or damage the Services or any part thereof. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Services, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Outside Livin in these Terms are reserved.

3. Privacy.

Please review the Privacy Policy for information regarding the type of information we may collect from you or that you may provide us through the using or accessing the Services, and our procedures for collecting, using, maintaining, protecting, and disclosing that information.

4. Booking Terms. 

Please review our Booking Terms and Conditions for information regarding the booking of reservations, services, and activities through our Website, Apps, and/or Platforms. 

5. User Content.

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. “User Content” means any content that users (including you) provide to be made available through the Service. Content includes, without limitation, User Content.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Services.

As between you and Outside Livin, you represent that you own (or have all rights necessary to grant Outside Livin the rights below to) all User Content that you submit to or through the Service, and that Outside Livin will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Outside Livin a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Outside Livin or through the Services about improving or adding new features or products to the Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Outside Livin a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

6. Rights and Terms for Apps.

Subject to your compliance with these Terms, Outside Livin grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not make additional copies of the App, except for making a reasonable number of copies for backup or archival purposes. 

Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or
(d) make the functionality of the App available to multiple users through any means.

Outside Livin reserves all rights in and to the App not expressly granted to you under these Terms.

By agreeing to these Terms, you represent and warrant that you shall comply with all applicable laws and third-party terms of services when using the Services, including the terms provided by each app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available.

7. General Prohibitions and Outside Livin Enforcement Rights.

At all times when using or interacting with the Services, whether through the Platform(s), the Website, or otherwise, you agree not to do any of the following:

  1. Post, upload, publish, submit or transmit any User Content or engage in any activity that:

    1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

    2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

    3. is fraudulent, false, misleading or deceptive;

    4. is defamatory, obscene, pornographic, vulgar or offensive;

    5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

    6. is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;

    7. exploits minors; or

    8. promotes illegal or harmful activities or substances;

  1. Download and/or install any third-party software and/or application on any Outside Livin hardware (excluding assistive technologies that are necessary for your own use of the Service, such as screen-readers) that is not expressly permitted by Outside Livin in writing;

  2. Use, display, mirror or frame the Service or any individual element within the Service, or Outside Livin’s name, any Outside Livin trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page,;

  3. Access, tamper with, or use non-public areas of the Service, Outside Livin’s computer systems, or the technical delivery systems of Outside Livin’s providers;

  4. Attempt to probe, scan or test the vulnerability of any Outside Livin system or network or breach any security or authentication measures;

  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Outside Livin or any of Outside Livin’s providers or any other third party (including another user) to protect the Service or Content;

  6. Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Service;

  7. Attempt to access, scrape or search the Service or any Content or download Content from the Services, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Outside Livin or other generally available third-party web browsers;

  8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  9. Use any meta tags or other hidden text or metadata utilizing an Outside Livin trademark, logo, URL or product name without Outside Livin’s express prior written consent;

  10. Use the Services or any Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Outside Livin;

  11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;

  12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

  13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  14. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

  15. Copy, use, index, disclose or distribute any information or data obtained from the ss Service, whether directly or through third parties (such as search engines), without Outside Livin’s express written consent;

  16. Alter, replicate, store, distribute or create derivatives from the Content available via the Service except as expressly permitted in writing by Outside Livin;

  17. Impersonate or misrepresent your affiliation with any person or entity;

  18. Access, use or exploit the Services in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Outside Livin or the Service;

  19. Violate any applicable law or regulation; or

  20. Encourage or enable any other individual or entity to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements, and to maintain the integrity and reputation of the Service and Outside Livin systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services or the users thereof. We may also consult and cooperate with law enforcement authorities to prosecute users who violate applicable law in connection with users’ use of the Services.

8. User Interactions, Dealings with Third Parties.

When interacting with other Outside Livin users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Outside Livin is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings, and such dealings are to be conducted at your own risk. 

9. Indemnification.

You agree to indemnify, defend, and hold harmless Outside Livin and its affiliates and its and their respective directors, officers, employees, representatives, consultants, suppliers, partners, and agents, from and against all liabilities, claims, damages, demands, losses and costs (including attorneys’ fees) that arise from or relate to:

  1. your activities on, and use of, the Services;

  2. any User Content submitted or uploaded by or on behalf of you;

  3. your violation or breach of these Terms; or

  4. your violation of any law or third-party right.


10. Third Party Software and Applications.

Downloading and/or installing any third-party software and/or applications that are not expressly authorized by Outside Livin on any Outside Livin hardware (excluding assistive technologies that are necessary for your own use of the Service, such as screen-readers) constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by Outside Livin.

11. Third Party Links and Content.

There may be links displayed or made available on or through the Service that cause you to leave the particular Service you are accessing in order to access a linked site that is operated by a third party. Outside Livin neither controls nor endorses these sites, nor has Outside Livin reviewed or approved the content that appears on them. Outside Livin is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third-party sites. You acknowledge and agree that Outside Livin is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third-party sites.

12. No Warranties.

Outside Livin reserves the right to modify the Services or any component thereof, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Services, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Services. Outside Livin has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Service is suitable for all users or that it will continue to be available for any length of time.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE PLATFORMS AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SERVICES OR THE CONTENT THEREIN RESULTS IN ANY COSTS OR EXPENSES, INCLUDING WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR MOBILE MESSAGING, DATA, OR OTHER FEES, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES. OUTSIDE LIVIN PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE SERVICES AT YOUR OWN RISK. OTHER THAN AS EXPRESSLY PROVIDED IN WRITING BY OUTSIDE LIVIN IN CONNECTION WITH YOUR PURCHASE OF ANY OUTSIDE LIVIN SERVICE OR PRODUCT, TO THE EXTENT PERMITTED BY LAW, OUTSIDE LIVIN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. ALTHOUGH WE STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON THE WEBSITE AND THE PLATFORMS, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. WE DO NOT MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME OF USING THE SERVICES OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS OR DIRECTIONS CONTAINED IN THE SERVICE OR THE CONTENT THEREIN. WITHOUT LIMITING THE FOREGOING, OUTSIDE LIVIN MAKES NO REPRESENTATIONS OR WARRANTIES:

  • THAT THE SERVICES ARE OR WILL BE PERMITTED IN YOUR JURISDICTION;

  • THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-⁠FREE;

  • CONCERNING ANY CONTENT, INCLUDING USER CONTENT;

  • CONCERNING ANY THIRD PARTY’S USE OF USER CONTENT THAT YOU SUBMIT OR UPLOAD;

  • THAT THE SERVICES WILL MEET YOUR PERSONAL OR PROFESSIONAL NEEDS;

  • THAT OUTSIDE LIVIN WILL CONTINUE TO SUPPORT OR PROVIDE ANY PARTICULAR FEATURE OF THE SERVICES; OR

  • CONCERNING THIRD PARTY SITES, CONTENT, PRODUCTS AND RESOURCES OUTSIDE OF THE SERVICES, EVEN IF LINKED OR MADE AVAILABLE FROM THE SERVICES.

TO THE EXTENT THAT ANOTHER PARTY MAY HAVE ACCESS TO OR VIEW CONTENT ON YOUR DEVICE, YOU ARE SOLELY RESPONSIBLE FOR INFORMING SUCH PARTY OF ALL DISCLAIMERS AND WARNINGS IN THESE TERMS. 

TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SERVICES OR ANY PORTION THEREOF, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

13. Limitation of Liability.

To the fullest extent permitted by law:

  1. IN NO EVENT SHALL OUTSIDE LIVIN, NOR ANY OF OUTSIDE LIVIN’S AFFILIATES, SUBSIDIARIES, LICENSEES, AGENTS, OR PROMOTIONAL PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, ECONOMIC OR PURE ECONOMIC LOSSES, GOODWILL, USE, DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, INABILITY TO USE THE SERVICE OR CONTENT OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE; AND

  2. OUTSIDE LIVIN’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS AND DAMAGES ARISING FROM OR RELATED TO THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN THE AGGREGATE, WILL NOT EXCEED THE GREATER OF (I) $100, OR (II) THE AMOUNT ACTUALLY PAID BY YOU TO OUTSIDE LIVIN OVER THE 12 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE.

IF YOU ARE DISSATISFIED WITH ANY CONTENT OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

14. Intellectual Property Acknowledgment.

As between you and Outside Livin, Outside Livin owns the Services, the Content, all trademarks, service marks, trade names, trade dress, designs, copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials and information displayed on or otherwise made available through our Platforms and the Services, other than content that has been licensed to us by third parties (collectively, “Outside Livin IP”), including all intellectual property and proprietary rights in and to such Outside Livin IP. 

Our name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of us and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained in the Service or in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent. All rights not expressly granted in these Terms are reserved.

You acknowledge and agree that the Services contain software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Outside Livin-generated content, and content provided to Outside Livin by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide. The trademarks and logos appearing on the Platforms and/or as part of the Services are, unless otherwise noted, trademarks owned by or licensed to us. Your use of these trademarks is prohibited. 

15. Intellectual Property Usage and Reporting Infringement.

Outside Livin respects the intellectual property of others, and we ask our users to do the same. You are responsible for ensuring that your User Content does not infringe any third party’s copyrights, trademarks, or other intellectual property rights. If you believe that the Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please report such information to us at our contact information set forth below.  

16. ARBITRATION REQUIREMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

A. Mandatory Arbitration of Disputes. YOU AND OUTSIDE LIVIN EACH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, OR YOUR ACCESS TO OR YOUR USE OF THE SERVICES OR CONTENT OR ANY ASPECT OF YOUR RELATIONSHIP WITH OUTSIDE LIVIN (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION OR PROCEEDING. YOU AND OUTSIDE LIVIN AGREE THAT THE U.S. FEDERAL ARBITRATION ACT (OR EQUIVALENT LAWS IN THE JURISDICTION IN WHICH THE OUTSIDE LIVIN ENTITY THAT YOU HAVE CONTRACTED WITH IS INCORPORATED) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS AND THAT YOU AND OUTSIDE LIVIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS. THIS ARBITRATION WAIVER SHALL APPLY, WITHOUT LIMITATION, TO ALL CLAIMS THAT AROSE IN THESE TERMS OR ANY PRIOR TERMS AND CONDITIONS SET FORTH BY OUTSIDE LIVIN RELATED TO THE WEBSITE AND THE SERVICES.

NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST OUTSIDE LIVIN ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH OUTSIDE LIVIN, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST OUTSIDE LIVIN IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

B. Exceptions. As limited exceptions to the above-described arbitration requirement:

  1. you may seek to resolve a Dispute in small claims court if the Dispute qualifies, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and

  2. we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.


C. Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any Dispute with Outside Livin. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Outside Livin Legal Department at 3736 Bee Caves Road Suite 1-272 Austin TX 78746. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within forty-five (45) days after Outside Livin’s receipt of the Notice, then you or Outside Livin may initiate arbitration proceedings as set out below.
D. Conducting Arbitration and Arbitration Rules..  All issues are for the arbitrator to decide, except those issues relating to the scope, application, and enforceability of this arbitration provision are for the court to decide.  The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The laws of the United States, State of Texas, without regard to any principles of conflict of laws, applies to any arbitration under this section. Unless you and we agree otherwise, any in-person hearings for the arbitration shall take place in Austin, Texas.  The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. This Section 18 shall survive any termination of these Terms, including any termination of your relationship with us.
E. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the applicable rules. If you assert a claim against Outside Livin, you will be responsible for paying any consumer filing fee. Outside Livin will pay for all other filing, administration and arbitrator fees and expenses. If your Dispute is for less than U.S. $10,000 (including attorneys’ fees and costs) and the arbitrator, upon final disposition of the case, finds your Dispute was not frivolous, Outside Livin will reimburse your initial filing fee. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

F. Class Action Waiver. YOU AND OUTSIDE LIVIN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose.

G. Jury Trial Waiver. YOU AND OUTSIDE LIVIN EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Outside Livin are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and Outside Livin over whether to vacate or enforce an arbitration award, you and Outside Livin waive all rights to a jury trial and elect instead to have a judge resolve the dispute.

H. Limited Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  REMEDIES FOR ANY CLAIM BY YOU IN CONNECTION WITH THE WEBSITE, APP, THE SERVICES, OR THESE TERMS SHALL BE LIMITED TO MONETARY DAMAGES, AND YOU HEREBY AGREE THAT YOU WILL NOT BE ENTITLED TO ANY INJUNCTIVE OR EQUITABLE RELIEF.  


17. Contracting Entities, Governing Law and Jurisdiction.

Subject to the agreements in Section 18 above,

  1. if your contract for the Service is with Outside Livin, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in Austin, Texas, United States of America, and you consent to the jurisdiction of those courts; and

  2. if your contract for the Service is with an affiliate of Outside Livin, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the courts located in the jurisdiction under which that Outside Livin affiliate is incorporated, and you consent to the jurisdiction of those courts.


18. Interpretation; Severability; Waiver; Remedies.

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Outside Livin in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Outside Livin. Outside Livin’s rights and remedies hereunder are cumulative and not exclusive.

19. Successors; Assignment; No Third Party Beneficiaries.

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Outside Livin’s prior written consent. Outside Livin may assign its rights, obligations and/or these Terms to any person or entity at any time in its sole discretion without notice to you. Any attempted assignment that does not comply with these Terms will be null and void.

20. Notices.

You consent to receive all communications including notices, agreements, disclosures, or other information from Outside Livin electronically. Outside Livin may communicate by email or by posting to the Service. For support-related inquiries, you may email us at info@outsidelife.com.

Nothing in these Terms or otherwise limits Outside Livin’s right to object to subpoenas, claims, or other demands.

21. Modification.

We may update these Terms at any time, in our sole discretion. If we do so, we will post the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the Website and/or through the ss Service. Modifications will be effective on the date that they are posted to the Website. It’s important that you review the Terms whenever we update them before you use the Service. If you continue to use the Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Service anymore. Because the Service is evolving over time, we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

22. Entire Agreement.

In the event of a conflict between any policies posted on the Website or the Platforms and these Terms, these Terms will control. These Terms, the Privacy Policy, and any other applicable Outside Livin policy made available to you represent the entire understanding between Outside Livin and you regarding the Services, the Website, the Platforms, and the Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

23. Force Majeure.

Outside Livin shall not be liable for any failure or delay in performance of its obligations under these Terms for causes beyond Outside Livin’s reasonable control, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service

24. Contact Information.

If you have questions regarding these Terms or wish to obtain additional information, please send an e-mail to info@outsidelife.com.