Terms of Service
Effective Date: May 28, 2026
1. Introduction
Welcome to Outside Peak USA. This website is operated by Outside Peak LLC, doing business as Outside Peak USA ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website located at outsidepeakusa.com ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
2. Eligibility
By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
3. Accounts and Registration
```3.1 Account Creation
To access certain features of the Services, you may be required to create an account. You agree to provide true, accurate, current, and complete information during the registration process and to keep your account information updated.
3.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
```4. Orders and Payment
```4.1 Product Availability
All products listed on the Website are subject to availability. We reserve the right to limit quantities, discontinue products, or refuse service when necessary.
4.2 Pricing
Prices are displayed in U.S. dollars unless otherwise stated. Prices may change without notice. We make reasonable efforts to ensure that product prices, descriptions, and availability are accurate, but errors may occur.
4.3 Payment Terms
- Accepted Payment Methods: Visa, MasterCard, PayPal, Apple Pay, and Google Pay
- Payment Processing: Payments are processed securely through our authorized payment providers.
- Billing Information: You agree to provide current, complete, and accurate billing and payment information.
4.4 Order Acceptance
After placing an order, you may receive an order confirmation. This confirmation does not guarantee final acceptance of your order. We reserve the right to refuse or cancel any order for reasons including product availability, pricing or description errors, suspected fraud, unauthorized transactions, or violation of these Terms.
```5. Shipping and Delivery
```5.1 Shipping Policy
Please refer to our Shipping Policy for information about shipping times, shipping costs, order processing times, delivery areas, and related procedures.
5.2 Delivery Information
Delivery dates are estimates and may vary due to carrier delays, weather, order volume, address issues, or other circumstances outside our control.
5.3 Risk of Loss
Risk of loss and title for products pass to you when the order is delivered to the shipping carrier, except where prohibited by applicable law.
```6. Returns, Refunds, and Exchanges
Please refer to our Return and Refund Policy for information about returns, exchanges, refund eligibility, return shipping costs, restocking fees, and refund processing times.
7. Product Information
We make reasonable efforts to display product descriptions, specifications, images, pricing, and availability accurately. However, we do not guarantee that all product information is error-free, complete, current, or suitable for every customer’s intended use.
8. Intellectual Property Rights
```8.1 Ownership
All content on the Website, including text, graphics, logos, images, icons, videos, product names, design elements, and software, is the property of Outside Peak USA, Outside Peak LLC, or its content suppliers and is protected by applicable intellectual property laws.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, lawful, non-commercial purposes.
8.3 Restrictions
You agree not to reproduce, duplicate, copy, sell, resell, exploit, modify, distribute, or use any portion of the Website or Services without our express written permission.
```9. User Content
```9.1 Submissions
If you submit reviews, comments, feedback, photos, or other content to us or through the Website, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, display, and distribute that content for business, marketing, and operational purposes, where permitted by law.
9.2 Prohibited Content
You agree not to submit content that is illegal, harmful, threatening, abusive, defamatory, obscene, misleading, fraudulent, invasive of privacy, or infringing on any intellectual property or other rights of any party.
```10. Prohibited Activities
You agree not to:
- Use the Website or Services for any illegal, fraudulent, or unauthorized purpose
- Violate any applicable local, state, national, or international law
- Interfere with or disrupt the Website, servers, networks, or security features
- Attempt to gain unauthorized access to any account, system, server, or network
- Use automated tools, scraping, bots, or data mining without our written permission
- Submit false, misleading, or inaccurate information
- Use the Website in a way that may damage our reputation, business, or customers
11. Disclaimers and Warranties
The Website and Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement.
Nothing in these Terms limits any rights you may have under applicable consumer protection laws.
12. Limitation of Liability
To the fullest extent permitted by law, Outside Peak LLC, Outside Peak USA, and their owners, members, employees, contractors, partners, and service providers will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from your use of the Website, products, or Services.
13. Indemnification
You agree to indemnify, defend, and hold harmless Outside Peak LLC, Outside Peak USA, and their owners, members, employees, contractors, partners, and service providers from any claims, damages, losses, liabilities, costs, or expenses arising from your use of the Website, your violation of these Terms, or your violation of any third-party rights.
14. Termination
We may suspend or terminate your access to the Website or Services at any time if you violate these Terms, misuse the Website, provide false information, engage in fraudulent activity, or create risk for our business, customers, or service providers.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Wisconsin, United States, without regard to conflict of law principles.
16. Dispute Resolution
```16.1 Informal Resolution
If a dispute arises, you agree to first contact us at support@outsidepeakusa.com so we can attempt to resolve the issue informally.
16.2 Arbitration
If the dispute cannot be resolved informally, the parties agree that the dispute may be resolved through binding arbitration in accordance with applicable arbitration rules, unless a different process is required by applicable law.
16.3 Exceptions
Either party may bring a claim in small claims court if eligible or seek injunctive relief for alleged infringement or misuse of intellectual property rights.
```17. Changes to These Terms
We may update these Terms from time to time. Changes are effective when posted on this page with an updated effective date. Your continued use of the Website after changes are posted means you accept the updated Terms.
18. Miscellaneous
```18.1 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
18.2 Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Return and Refund Policy, constitute the entire agreement between you and us regarding your use of the Website and Services.
18.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
```19. Contact Information
If you have any questions about these Terms, please contact us:
- Site Name: Outside Peak USA
- Legal Entity Name: Outside Peak LLC
- Address: 2800 E Enterprise Ave Ste 333, Appleton, WI 54913, United States
- Email: support@outsidepeakusa.com
- Phone: 262-239-4914
- Business Hours: Monday to Friday, 9 AM to 5 PM CST