Terms & Conditions

1. General Terms and Conditions:

This policy outlines our Terms and Conditions that apply to:

1. your use of the website outdoorvitals.com
2. your registration as a user of the Site
3. our supply and your purchase, as either a guest or Member, of products offered for sale on the Site
4. your ongoing obligations as a Member (for more see Membership Terms and Conditions)

Please read these terms and conditions carefully before using the Site.  By using the Site, you agree you have read and agree to these Terms and Conditions.  

2. About Us:

We operate the Site.  We are Hunting Vitals LLC dba Outdoor Vitals, a company registered in the State of Utah with our registered office at 895 N 150 W Ste B, Cedar City, UT 84721.

3. Definitions:  

1. Active Member - a member that is currently subscribed to Outdoor Vitals and is actively contributing to their account balance via automatic draws.
2. Breakage: Unused membership credits forfeited at the end of a defined period. 
3. Inactive Member - a member that is not actively contributing to their account balance via automatic draws.
4. Membership: Your membership gets you access to the best hiking gear, food and accessories at the best prices.  Memberships fall within 2 categories: Standard Live Ultralight and Peak Tier Live Ultralight.
5. Membership Credits: Prepaid credits purchased by members for accessing services or products
6. Unused Membership Credits: Credits not used within 12 months of a customer terminating membership.

4. How Our Contracts are Formed:

After placing an order for a Product you will receive an email from us acknowledging that we have received your order. Your order is an offer to us to purchase Products. If you select the Member option when placing your order, your order is also an application to become a Member. All orders and Membership applications are subject to acceptance by us. We will confirm our acceptance by sending you an email confirming that the Product has been dispatched (“Confirmation Receipt”). Please note, the Product purchase contract and, if applicable, Membership contract between us will only be formed when we send you a Confirmation Receipt.

5. Warrants:

By placing an order or signing up for a membership, you warrant that:

1. You are legally capable of entering into a binding agreement.
2. You are at least 18 years old
3. You are an authorized user of the payment instrument used to place the order and/or to join one of our membership programs. 

6. Memberships (See Also Membership Terms and Conditions):

Membership Levels

1. Standard Live Ultralight Membership - Members will have $10 / month pulled from their bank account or credit card.  This $10 will be added to the Members’ account with Outdoor Vitals and can be used towards future purchases.
2. Peak Tier Live Ultralight Membership - Members will have $25 / month pulled from their bank account or credit card.  This $25 will be added to the Members’ account with Outdoor Vitals and can be used towards future purchases.  Peak Tier Members get a larger semi-annual discount “anniversary sale”.
3. There are no other fees associated with signing up for one of our Membership Levels.
4. Membership is optional but comes with additional Perks.

Additional Membership Perks:

1.  On all products for sale on the Outdoorvitals.com website, receive an additional 10% off with the Standard Live Ultralight Membership and an additional 13% off with the Peak Tier Live Ultralight Membership.
2. Access to specific products that are not available for purchase by the general public.
3. Prioritized Shipping on all orders.
4. Access to Outdoor Vitals closed Facebook Group.
5. Access to any Rebates available when purchasing certain products.

Membership Credits:

1. Do not expire as long as a member is considered an ‘Active Member’.  See Definitions.
2. Credits will not be refunded, transferred or converted into cash.
3. Credits are not required to be used each month, but the Member can elect to let their account grow until they are ready to make a purchase.
4. Credits can be used in conjunction with other sales and promotions.

Membership Termination:

1. You may terminate your VIP Membership at any time.  There is no termination fee.  We will not charge you any Credit Amount following termination of your VIP Membership. Please note that VIP Membership may only be terminated by the registered VIP Member.
2. If you still have a balance, you will have 12 months from your termination date in which to use the remaining balance.  After 12 months you forfeit any remaining balance.  
3. Remaining Credits on the Account will not be refunded.  Remaining Credits must be used to purchase product(s).
4. When cancelling your membership, you will immediately lose access to discounts and privileges tied to that Membership.    

Breakage Credits:

1. Customers will be given 12 months from the date their membership becomes inactive to use these credits. See Definitions on Inactive Member.
2. If credits are not used/spent within this 12-month window, those remaining Membership Credits will be forfeited to the Outdoor Vitals and removed from the membership account.
3. Account analysis and Breakage procedures will be performed Quarterly. 
4. Total Breakage Credits will be documented and reported on financial statements.

7. Notification: 

1. Applicable laws require that some of the information or communications we send to you should be in writing. In using the Site you accept that we may contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
1. Members will be notified of any changes or updates to the breakage policy through email and website announcements.  
2. It is the Members responsibility to ensure Outdoor Vitals has the correct email in their Membership Account for these notifications.
2. All notices given by you to us must be addressed to us at our registered office address:  Outdoor Vitals, 895 N 150 W Ste B, Cedar City, UT 84721.  We may give notice to you at either the email or postal address you provide to us when placing an order or creating your Account, or in any of the ways specified in clause 7. Notice given by us will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
3. See also SMS Texts and Messaging

8. The Site:

The Site will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend your access to the Site or the provision of the Site’s services and Content, for maintenance, technical or other reasons.

When accessing and using the Site and its services and Content, you must comply with directions, instructions or protocols posted on the Site.

We are pleased to be able to offer a wide range of exclusive Content on the Site for your educational and learning needs, which we aim to regularly add to. The Content will be updated, changed or removed from time to time, at our discretion, so we can’t guarantee that specific Content will always be available on the Site.

1. Your use of the Site for any illegal or unauthorized purpose is expressly prohibited. In consideration of your use of the Site, you agree to provide true and accurate information about yourself when creating an Account, and update your Account from time to time to keep it accurate. If you provide, or we have reasonable grounds to suspect that you have provided, information that is untrue, inaccurate, not current or incomplete, we reserve the right to suspend and refuse any and all current or future access by you to the Site or any portion of it. Furthermore, if we have any reason to believe that you may be creating fraudulent accounts or engaging in any deceptive behavior while using the Site, we may suspend and refuse any and all current or future access by you to the Site or any portion of it. We may also refuse to honor any Credits or other benefits associated with your Account. 
2. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of it with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part of it.
3. We process information about you in accordance with our Privacy Policy. By using the Site you consent to such processing and you warrant that all data provided by you is accurate.

Fair use and prohibited conduct

You are permitted to download Content to your computer as part of your membership. But your membership is subject to a ‘fair use’ policy. Our ‘fair use’ policy requires that your use of the Site and the Content must be fair, genuine and reasonable. For example, the total amount of Content you download must be reasonable in light of your genuine education and learning needs, and the time needed to genuinely engage with the Content. We will use our reasonable discretion to decide whether a member has complied with the ‘fair use’ policy.

You must not use scripts to automatically mass download Content.

You also must not:

1. use a false email address, impersonate others, or misrepresent your affiliation with others;
2. insert advertising, branding or other promotional content into the Site or Content;
3. attempt to gain unauthorized access to computer systems or materials through the Site;
4. engage in automatic gathering of information from or through the Site (such as “spidering”, “screen scraping”, “database scraping” or harvesting of email addresses);
5. attempt to interrupt or alter the Site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine );
6. use the Site or the Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or
7. except as allowed in these Membership Terms, copy, distribute, transmit, modify or otherwise exploit the Content or any other data or code made available through the Site. 

9. Account Confidentiality and Access:

You are solely responsible for maintaining the confidentiality of your Account, for all activities occurring through your Account and for all access to and use of the Site by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. We will not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your Account password and email address. You acknowledge and accept that your use of the Site is in compliance with these terms and conditions. You further acknowledge and accept that we will have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper login to the Site, which is identified by a matching and current Account sign-in and password. You will notify us immediately of any unauthorized access to your Account or any other unauthorized use of the Site. 

We may, without prior notice, immediately terminate, limit access to or suspend your Account based on any of the following:

1. Breach or Violation of these terms and conditions.
2. Reasonable Request by Law Enforcement.
3. Unforeseeable technical or security issues or problems.
4. Extended periods of inactivity (monthly subscription is considered an activity)
5. Fraudulent, deceptive or illegal activity, or any other activity which we believe is harmful to the Site or our business interests.

10. Events Outside Our Control:

1. We will not be liable or responsible for any failure to perform, or for delay in performance of, any of our obligations under a contract with you that is caused by events outside our reasonable control (“Force Majeure Event”). 
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. strikes, lock-outs or other industrial action;
2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. impossibility of the use of public or private telecommunications networks;
6. the acts, decrees, legislation, regulations or restrictions of any government
3. Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

11. Payment, Pricing and Delivery:

1. We will not be liable for any overdraft fees or other charges that you may incur by us debiting the Credit Amount from the payment instrument associated with your Account.
2. The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation Receipt, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error.
3. Payment for Products must be by credit or debit card, PayPal or ShopPay. 
4. As soon as your order is dispatched, you will be provided with a tracking number via email. You may also find your order details and tracking information on the ‘Order History’ tab within your Account. We will endeavor to fulfill your order by the delivery date set out in the Confirmation Receipt. Orders are normally fulfilled within 7 working days, unless there are exceptional circumstances. 

12. Refund and Exchange Policy (See also Warranty/Returns):

1. Statutory right to withdraw from the purchase contract If you are contracting as a consumer, you have the right to withdraw from the purchase contract within 14 days without giving any reason. In this event, we will reimburse you using the same means of payment as you used for the initial transaction. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. 
2. Contractual right to cancel the purchase contract In addition to your statutory right of withdrawal described in (a), above, we grant you a 30-day period to exchange a Product for another Product, or return it for a Credit. Your right to withdraw your purchase will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product. This provision does not affect your statutory rights.
3. Return of defective Products In circumstances where you consider that the Product does not conform to the purchase contract at the time of delivery, you should promptly contact us to arrange return of the Product. We will examine the returned Product and will notify you of your refund via email within a reasonable period of time. If we agree the Product is defective, we will carry out reimbursement using the same means of payment as you used for the initial transaction. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Product in full, together with any applicable delivery charges and, subject to you providing reasonable proof, any reasonable costs you incur in returning the item to us.
4. You return the Product at your own risk. If none of the free return methods apply or are used the costs incurred in the return of such Product will be carried by you. If you return the Product using collect charges, we may charge you for any incurred return costs. You are obliged to take reasonable care of the Product while it is in your possession and return it in the same condition in which you received it. If you fail to comply with this obligation, we may have a right of action against you for compensation.

13. Copyright, Warranties, Indemnification and Liabilities:

1. Unless otherwise indicated, the Site and all content contained therein, including but not limited to text, photographs, images, icons, graphics, trademarks, trade names, logos and software (“Content”), is owned by us and protected by applicable law. You agree not to copy, publish, use, display, transmit, modify, transfer, sell, reformat, distribute, create derivative works from, or in any way exploit the Content without our prior written approval. In addition, any mechanized or systematic processes for harvesting information from the Site for any purpose are prohibited. Nothing contained in or on the Site should be construed as granting any license or right, by implication or otherwise, to use any of the Content at any time.
2. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable legal fees), based upon, arising from or related to: (a) information or content submitted, transmitted or otherwise made available on or through the Site by you or any other person accessing the Site using your Account; (b) the use of, or connection to, this Site by you or any other person accessing the Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these terms and conditions
3. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES OFFERED ON OR THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
4. WE MAKE NO REPRESENTATIONS THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING. 
5. If we fail to comply with these terms and conditions, we will only be liable to you for the purchase price of the Products or the Credit Amount, as applicable.
6. We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories, even if such losses result from our deliberate breach:
1. Loss of income or revenue
2. Loss of Business
3. Loss of Profits
4. Loss of Anticipated Savings
5. Loss of Data
6. Waste of management or office time

However, nothing in these terms and conditions excludes or limits our liability for:

1. death or personal injury caused by our negligence
2. fraud or fraudulent misrepresentation
3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979
4. defective products under the Consumer Protection Act 1987
5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability

14. Intellectual property complaints

We respect the intellectual property rights of others, and require that you do the same.

Please contact us if you believe that your intellectual property or other rights are being affected by anything on the Site.

If you are specifically making a copyright-based claim regarding Content, please forward the following information to us:

1. your address, telephone number, and email address;
2. a description of the location of the alleged infringing material;
3. a description of the copyright work that has been allegedly infringed;
4. a statement by you that you warrant that the information given in your claim is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf.

15. Privacy (See also Privacy Policy)

Our information collection and use of any personal information about you is set out in our Privacy Policy.

Personal information that you disclose may be used by Outdoor Vitals, its agents and contractors in relation to your membership and the Site, including marketing activities for the Site.

We may disclose any personal information as necessary to satisfy any law, regulation or government request.

16. Waiver:

1. If we fail, at any time during the term of a contract with you, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. A waiver by us of any default will not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

17. Severability:

If any of these terms and conditions or any provisions of a contract with you are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. Our Right to Vary These Terms and Conditions:

We reserve the right to revise and amend these terms and conditions (if, for example, there is a change in law or security reasons that we need to change these terms and conditions). If you are a Member, we will provide you with at least 30 days’ advance notice of such changes, unless such changes are required on shorter notice to comply with applicable law. If you do not wish to continue using the Site following the changes to these terms and conditions, you can cancel your agreement to these terms and conditions by canceling your Membership.

19. Frequently Asked Questions (See Shipping and FAQ)

We will maintain a Frequently Asked Questions (FAQ) page to answer common questions and will update as needed.  As well as answers to questions around proper care and maintenance of products. (See Care Guide FAQ)

20. Official Giveaway Rules:

From time to time, we will have Giveaways.  For rules see our Official Giveaway Rules page.

21. Exclusions: Certain memberships or promotional offers may have specific breakage terms outlined separately from this policy. Such terms will supersede the general breakage policy. 
22. Compliance: All staff involved in membership credit management must adhere to these policies to ensure consistency and fairness.
23. Review: These Terms of Services will be reviewed at least annually to ensure relevance and effectiveness. 
24. Entire Agreement:

1. These terms and conditions and any material expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract between us. 
2. We each acknowledge that, in entering into a contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the materials referred to in them. 
3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.
4. Nothing in this clause limits or excludes any liability for fraud.

25. Governing Law:

These terms and conditions are governed by the State of Utah, in the United States of America.   You agree to submit to the jurisdiction of the courts there.

26. Effective Date:  

The effective date for these updated Terms of Service is May 1, 2024.  Any Memberships that were terminated prior to this Terms of Service update will be given until December 31, 2024 or 12 months from their Inactive Date, whichever occurs later, to use their Membership Credits.

27. Contact Information: For inquiries or concerns regarding this policy, members can contact us at:

Address: Outdoor Vitals, 895 N 150 W Ste B, Cedar City, UT 84721

Email: support@outdoorvitals.com

Phone: (435) 527-0787

**Note:** This policy serves as a guideline and may be subject to amendments or revisions as deemed necessary by the organization. Utah 67-4a Unclaimed Property Act -- (16)(a); (20)(a); (29)(c);  Terms of Service and breakage follow account principles under ASC 606-10-55-48.