At A Glance
Discover, book, and attend outdoor events while shopping from trusted outdoor sellers.
Create outdoor experiences, manage ticket sales, and receive payouts through Stripe Connect.
Operate a storefront, list products, and sell directly to outdoor enthusiasts.
Provides the technology infrastructure that connects Adventurers, Hosts, and Sellers.
Look Who's Outdoors™ Is A Technology Platform
Look Who's Outdoors™ does not organize, operate, supervise, manage, or conduct outdoor events. Look Who's Outdoors™ does not manufacture, inspect, store, or ship products listed by Sellers.
All events are independently created and operated by Hosts. All marketplace products are independently sold by Sellers. Our role is limited to providing the software, marketplace infrastructure, discovery tools, communication systems, and payment processing integrations that allow users to interact.
Key Sections
Click any section below to read the full details.
Introduction And Acceptance Of Terms
These Terms and Conditions ('Terms') govern your access to and use of the Look Who's Outdoors platform, including the website located at https://lookwhosoutdoors.com, the Look Who's Outdoors mobile application ('App'), and all associated services, features, content, and functionality (collectively, the 'Platform'), operated by Look Who's Outdoors LLC, a limited liability company incorporated under the laws of the State of Texas, United States of America, with its registered office at 110 N. Akard Street #1036, Dallas, TX 75201 ('LWO,' 'we,' 'us,' or 'our').
By creating an account, accessing, browsing, or using the Platform in any capacity, you ('User,' 'you,' or 'your') agree to be legally bound by these Terms, which you accept by checking the ‘I agree’ box on the registration screen or by accessing the Platform after being presented with these Terms (an ‘electronic record’ under the Federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, the Uniform Electronic Transactions Act as adopted in your jurisdiction, and the Texas Uniform Electronic Transactions Act, Tex. Bus. & Com. Code Ch. 322) and our Privacy Policy, Cookie Policy, and any additional policies or agreements incorporated herein by reference. These documents are collectively referred to as the 'Agreement.'
LWO reserves the right to amend, modify, or update these Terms at any time at its sole discretion. Material changes will be communicated to registered users via email or in-app notification at least fourteen (14) days prior to taking effect. Your continued use of the Platform following the effective date of any amendment constitutes your acceptance of the revised Terms. If you do not agree to any amendment, you must cease using the Platform before the effective date.
Notwithstanding the foregoing, LWO will not apply any material amendment to (a) the dispute resolution provisions of Section 15, (b) any class-action waiver, or (c) any provision that imposes new fees or restricts your existing rights, retroactively to disputes that have already arisen prior to the effective date of the amendment.
Definitions
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:
"Platform": The Look Who's Outdoors website, mobile application, and all associated services, tools, and features operated by LWO.
"User": Any individual or entity that accesses, browses, registers for, or uses the Platform in any capacity, including Adventurers, Hosts, and Sellers.
"Adventurer": A User who uses the Platform primarily to discover, browse, and book outdoor events and/or purchase gear from Sellers.
"Host": A User who creates and manages outdoor event listings on the Platform, sells tickets to Adventurers, and receives payments via Stripe Connect. Hosts are independent contractors and not employees, agents, or representatives of LWO.
"Seller": A User who operates a storefront on the Platform to list, market, and sell outdoor-related products to Adventurers. Sellers are independent contractors and not employees, agents, or representatives of LWO.
"Event": Any outdoor activity, excursion, workshop, gathering, or experience created and listed by a Host on the Platform, whether free or paid.
"Ticket": A digital pass issued to an Adventurer upon successful completion of a booking for an Event, entitling the holder to attend that Event subject to the Host's terms and conditions.
"Product": Any physical outdoor-related item listed for sale by a Seller through the Platform's marketplace.
"Stripe": Stripe, Inc., the third-party payment processing service used by the Platform. LWO's use of Stripe is governed by Stripe's own terms of service.
"Stripe Connect": A Stripe feature that enables Hosts and Sellers to receive direct payments from Users via connected bank accounts.
"Boost": An optional paid promotional feature that increases the visibility of an Event or Seller storefront within the Platform's search results and featured placements.
"Boost Fee": The non-refundable fee charged to a Host or Seller for the use of the Boost feature, as specified in the Platform's host or seller dashboard at the time of purchase.
"Platform Fees": All fees, commissions, and charges levied by LWO for use of Platform features, including but not limited to transaction commissions and Boost Fees, as displayed in the applicable dashboard.
"Verified Badge": A designation displayed on a Host's or Seller's profile confirming that the account holder has completed LWO's identity verification process.
"Content": All text, images, photographs, videos, audio, data, information, and other materials submitted, uploaded, posted, transmitted, or otherwise made available on the Platform by any User.
"Intellectual Property Rights": All patents, copyrights, trademarks, trade secrets, moral rights, and any other intellectual property rights recognised under applicable law.
"Applicable Law": All federal, state, and local laws, regulations, ordinances, and administrative requirements applicable to a User's use of the Platform or conduct of their activities thereon.
Eligibility And Account Registration
3.1 Age Requirements
The Platform is available to:
- Adventurers: Users must be at least thirteen (13) years of age. Users between the ages of thirteen (13) and seventeen (17) must have the express consent of a parent or legal guardian, who shall be jointly responsible for all activity conducted under the minor's account. Where required by applicable state law, including the Texas SCOPE Act (Tex. Bus. & Com. Code § 509.052), Tennessee Protecting Children from Social Media Act (Tenn. Code §§ 47-18-5701 et seq.), Florida HB 3, and similar laws, LWO will obtain verifiable parental consent for minors under the applicable state’s age threshold (typically 18) before account activation. The Platform implements age-screening at registration.
- Hosts and Sellers: Users must be at least eighteen (18) years of age and legally capable of entering into binding contracts under Applicable Law.
- Minors attending Events: Children under the minimum age may attend Events only when accompanied by a parent or legal guardian, who must execute all applicable liability waivers on the minor's behalf prior to attendance.
LWO does not knowingly collect personal information from children under the age of thirteen (13). If we become aware that a user under the age of thirteen (13) has registered without parental consent, we will promptly delete that account. LWO complies with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, and 16 C.F.R. Part 312.
3.2 Account Creation
To access certain features of the Platform, you must create an account by providing accurate, current, and complete information as prompted during the registration process. You agree to:
- Maintain the accuracy, currency, and completeness of your account information;
- Safeguard your account credentials and not share your login information with any third party;
- Notify LWO immediately at [email protected] upon becoming aware of any unauthorized access to or use of your account;
- Accept full responsibility for all activities conducted under your account, whether or not authorized by you.
LWO reserves the right to refuse registration, suspend, or terminate any account at its sole discretion, without notice or liability, including where LWO reasonably suspects fraudulent, abusive, or unlawful activity.
3.3 Host and Seller Verification
Prior to publishing Events or activating a Seller storefront, Hosts and Sellers must:
- Complete LWO's identity verification process, which may include submission of government-issued identification and, where applicable, a selfie verification;
- Successfully register and maintain an active Stripe Connect account, which is a mandatory prerequisite for publishing paid Events or listing Products;
- Agree to the Host Agreement or Seller Agreement, as applicable, in addition to these Terms.
Completion of LWO's verification process does not constitute LWO's endorsement, warranty, or representation as to the accuracy, completeness, or validity of a Host's or Seller's qualifications, credentials, insurance coverage, or background. LWO expressly disclaims all liability arising from reliance on verified status.
Platform Description And Role Of Lwo
LWO operates as a technology platform and marketplace that connects Adventurers with independent Hosts and Sellers. LWO does not itself organize, operate, or conduct outdoor events, nor does it sell or manufacture products. LWO is not a party to any transaction between an Adventurer and a Host, or between an Adventurer and a Seller, except to the limited extent of facilitating payment processing through Stripe.
Hosts and Sellers are independent contractors. LWO exercises no control over, and assumes no responsibility for, the quality, safety, legality, accuracy, or availability of any Event or Product listed on the Platform. The relationship between LWO and any Host or Seller is not, and shall not be construed as, an employment, agency, partnership, joint venture, or franchise relationship.
By using the Platform, you acknowledge and agree that LWO's role is limited to providing the technology infrastructure that enables Users to interact, and that LWO is not responsible for the actions or omissions of any User, Host, or Seller.
Hosts — Events And Ticketing
5.1 Event Creation and Publication
Hosts may create and publish Events on the Platform subject to compliance with these Terms, the Host Agreement, and all Applicable Laws. By creating an Event, the Host represents and warrants that:
- The Event information, including description, pricing, location, date, and capacity, is accurate, truthful, and not misleading;
- The Host holds, or will obtain prior to the Event, all permits, licenses, and authorizations required by Applicable Law for the conduct of the Event at the designated venue;
- The Host carries, or will obtain prior to the Event, appropriate liability insurance coverage for the type of activities offered;
- The Host possesses, or has engaged personnel who possess, all certifications, qualifications, and training required for the safe conduct of the described activities;
- The Event does not violate any applicable law, regulation, third-party right, or LWO policy.
5.2 Ticket Sales and Payment
Hosts are the merchants of record for all ticket sales conducted through the Platform. All payments are processed via Stripe Connect. LWO collects a platform commission of ten percent (10%) on each ticket sale, which is deducted from the Host's gross payout. In addition, Stripe's standard processing fee of 2.9% + $0.30 per transaction is deducted prior to payout. Hosts acknowledge that Stripe's own fees and terms apply to all payment processing.
Stripe payouts to Hosts are subject to Stripe's standard payout schedule, typically two (2) to seven (7) business days following each transaction, depending on the Host's banking institution and geographic location. LWO does not guarantee payout timelines and shall not be liable for any delays attributable to Stripe or any banking institution.
5.3 Host Cancellation and Refunds
If a Host cancels an Event for any reason, all ticket holders shall receive a full refund of the ticket purchase price via Stripe to their original payment method. Stripe processing fees are not refundable and shall be borne by the Host. LWO reserves the right to automatically process refunds on behalf of the Host in the event of cancellation.
LWO reserves the right to cancel any Event that, in LWO's sole judgment, violates these Terms, poses a safety risk, or is otherwise inappropriate for the Platform. In such circumstances, LWO may refund affected Adventurers at the Host's expense.
5.4 Check-In and QR Code System
LWO provides a built-in QR code scanning system within the App to facilitate attendee check-in at Events. Hosts may use the LWO App on any compatible device to verify attendee Tickets. Multiple devices may be used simultaneously under the same Host login credentials. Hosts are solely responsible for the integrity of the check-in process and for verifying the identity of attendees where required.
Sellers — Marketplace
6.1 Seller Storefronts and Product Listings
Sellers may create and operate storefronts on the Platform to list and sell outdoor-related Products, subject to these Terms, the Seller Agreement, and Applicable Law. By listing a Product, the Seller represents and warrants that:
- The Product is accurately described, including with respect to condition, specifications, and intended use;
- The Seller holds good and marketable title to the Product and has the right to sell it;
- The Product complies with all applicable U.S. federal and state product safety regulations, including those administered by the Consumer Product Safety Commission ('CPSC') and the Federal Trade Commission ('FTC');
- The Product does not infringe any third-party Intellectual Property Rights;
- The Product is not on LWO's Prohibited Products List (Section 6.2).
6.2 Prohibited and Restricted Products
The following categories of Products are strictly prohibited on the Platform and may not be listed under any circumstances:
- Firearms, ammunition, firearm components, or accessories designed to circumvent firearms regulations;
- Knives, blades, or weapons of any description;
- Hazardous materials, chemicals, explosives, or flammable substances;
- Counterfeit, replica, or stolen goods;
- Used or previously deployed safety equipment, including but not limited to climbing ropes, harnesses, helmets, and avalanche airbags;
- Any item whose sale, distribution, or possession is prohibited or restricted under Applicable Law;
- Any item that LWO, in its sole discretion, determines to be inappropriate for the Platform.
LWO may designate additional categories of Products as restricted and subject to enhanced review, additional documentation requirements, or removal at its sole discretion. Sellers are responsible for ensuring their listings comply with this Section at all times.
6.3 Seller Payments and Commission
Sellers are the merchants of record for all product sales conducted through the Platform. LWO collects a platform commission of ten percent (10%) on each completed sale, which is deducted from the Seller's gross payout prior to disbursement. In addition, Stripe's standard processing fee of 2.9% + $0.30 per transaction is deducted prior to payout. All payments are processed via Stripe. Funds are disbursed to the Seller's connected Stripe account following expiry of the Buyer Confirmation Period (Section 6.4).
6.4 Buyer Confirmation Period and Disputes
Following delivery confirmation, a Buyer Confirmation Period applies during which the Adventurer may raise a dispute regarding the order. The duration of this period is specified in LWO's Refund Policy. Upon expiry of the Buyer Confirmation Period without a dispute, or upon resolution of any dispute in the Seller's favour, funds are released to the Seller's Stripe account.
Sellers acknowledge that chargeback costs and associated Stripe fees arising from disputed transactions are the sole responsibility of the Seller. LWO reserves the right to withhold funds or set off amounts owed by a Seller against amounts otherwise due to that Seller.
6.5 Shipping and Fulfilment
Sellers are solely responsible for the packaging, labelling, and timely dispatch of all Products sold through the Platform. The Platform currently integrates with USPS for shipping label generation and tracking; additional carriers may be supported in the future. Shipping fees are calculated dynamically at checkout based on delivery distance and the selected shipment carrier, and are displayed to the Adventurer as a separate line item before payment is confirmed. International shipping is not permitted at this time. Sellers must dispatch Products within the timeframe specified in LWO's Dispatch Policy. Failure to dispatch within one (1) week of the order date entitles the Adventurer to raise a non-shipment dispute.
Adventurer Obligations — Booking And Purchasing
By booking an Event or purchasing a Product through the Platform, an Adventurer represents and warrants that:
- All information provided during the booking or checkout process is accurate and complete;
- The Adventurer is physically fit and medically capable of participating in the booked Event;
- The Adventurer has read and understood the Event description, including any stated requirements, restrictions, or inherent risks;
- The Adventurer will comply with all instructions and rules communicated by the Host before and during the Event;
- Where booking on behalf of a minor, the Adventurer is the minor's parent or legal guardian and accepts full responsibility for the minor's participation;
- The Adventurer will execute any additional waiver required by the Host or by LWO prior to attendance.
Payments, Fees, And Taxes
All transactions on the Platform are denominated and processed in United States Dollars (USD). LWO utilises Stripe as its exclusive payment processor. By using the Platform, you agree to Stripe's Terms of Service, available at https://stripe.com/legal.
9.1 Checkout Fee Disclosure
Every transaction on the Platform includes the following fees, which are presented as separate line items on the checkout summary screen prior to payment confirmation:
- Item Price: The ticket price or product price set by the Host or Seller.
- Platform Processing Fee: LWO's transaction commission of ten percent (10%) of the item price, applicable to all orders and event ticket purchases. This fee is deducted from the Host's or Seller's payout and is not an additional charge to the Adventurer unless reflected in the listed price.
- Shipping Fee: Applicable to gear orders only. The shipping fee is calculated dynamically at checkout based on the delivery distance and the selected shipment carrier. The exact shipping fee is displayed before payment is confirmed. Shipping fees are not applicable to event ticket purchases.
- Sales Tax: LWO collects Texas state and local sales tax at the applicable rate of approximately eight point two five percent (8.25%) on all taxable transactions, including products, rentals, and taxable services, in accordance with Texas Tax Code. Sales tax is calculated on the item price and displayed as a separate line item at checkout. LWO is responsible for collecting and remitting all applicable sales tax to the Texas Comptroller of Public Accounts.
9.2 Stripe Processing
All payment processing is handled by Stripe, Inc. Stripe's standard payment processing fee of two point nine percent (2.9%) plus thirty cents (USD $0.30) per transaction applies to all payments processed through the Platform. Stripe processing fees are borne by the Host or Seller and are deducted prior to payout. LWO does not retain Stripe processing fees.
9.3 Platform Commission
LWO charges a commission of ten percent (10%) on all completed ticket sales and product orders processed through the Platform. This commission is deducted from the Host's or Seller's gross transaction amount prior to payout via Stripe Connect. The commission rate is displayed within the applicable Host or Seller dashboard and is subject to change with reasonable advance notice.
9.4 Sales Tax — LWO Obligations
LWO, as the party responsible for tax collection on the Platform, shall: (a) calculate applicable Texas sales tax at the rate of approximately 8.25% on all taxable transactions at the point of checkout; (b) collect such tax from Adventurers as a separate line item; (c) remit all collected sales tax to the Texas Comptroller of Public Accounts in accordance with applicable filing schedules; and (d) maintain records of all tax collected and remitted as required by Texas Tax Code. Hosts and Sellers are relieved of the obligation to collect or remit Texas sales tax on transactions processed through the Platform. As a marketplace facilitator under South Dakota v. Wayfair, Inc., 138 S. Ct. 2080 (2018), and analogous state marketplace facilitator laws, LWO will collect and remit applicable state and local sales taxes in all states where (a) the Platform meets the relevant economic-nexus threshold, and (b) the state has imposed a marketplace facilitator obligation on platforms such as LWO. As of the Last Updated date, LWO has nexus and collects in: [TO BE COMPLETED — list states]. Hosts and Sellers remain solely responsible for their own income tax obligations on earnings received via the Platform.
9.5 Refund Treatment of Tax and Fees
In the event of a full refund approved by LWO: (a) the item price and any collected sales tax shall be refunded to the Adventurer; (b) the platform processing fee shall be non-refundable and shall be borne by the Host or Seller; (c) the Stripe processing fee of 2.9% + $0.30 shall be non-refundable and shall be borne by the Host or Seller; and (d) the shipping fee shall be refunded only where LWO approves a "Refund With Shipping" determination. In the event of a partial refund, sales tax shall be refunded proportionally to the refunded item amount.
Refunds, Disputes, And Buyer Protection
LWO's Refund Policy, incorporated herein by reference, governs all refund and dispute processes. Key provisions are summarized below; the Refund Policy prevails in the event of any inconsistency:
- Event Cancellation by Host: Adventurers receive an automatic full refund of the ticket purchase price. Stripe processing fees are not refunded.
- Gear Purchase — Post-Delivery Dispute: Adventurers have seven (7) days following confirmed delivery to raise a dispute for non-conforming or defective goods. Supporting evidence, including photographs, may be required.
- Non-Shipment: If a Seller fails to dispatch an order within seven (7) days of the order date, the Adventurer may initiate a non-shipment dispute from the order details page.
- Refund Types: Approved refunds may be issued as either a "Refund With Shipping" (inclusive of original shipping cost) or "Refund Without Shipping," as determined by LWO on a case-by-case basis.
- Stripe Processing Fees: Stripe processing fees are non-refundable and are borne by the Host or Seller, as applicable.
- Chargeback Liability: Chargeback costs are borne solely by the Host or Seller.
LWO acts as a neutral facilitator in the dispute resolution process and reserves the right to make final determinations regarding refund eligibility. LWO's decisions are final and binding, subject only to any rights expressly granted under Applicable Law.
User Content And Intellectual Property
10.1 Licence Grant to LWO
By submitting, uploading, or otherwise making available any Content on the Platform, you grant to LWO a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, perform, adapt, and create derivative works from such Content for the purposes of operating, promoting, and improving the Platform and LWO's services. This licence continues for as long as the Content remains on the Platform and for a reasonable period thereafter for archival or legal purposes.
You represent and warrant that: (a) you own or have all necessary rights to the Content you submit; (b) the Content does not infringe any third-party Intellectual Property Rights; and (c) the Content does not violate any Applicable Law or these Terms.
10.2 LWO's Intellectual Property
All right, title, and interest in and to the Platform, including its software, design, trademarks, logos, trade names, service marks, content, and technology, are and shall remain the exclusive property of LWO or its licensors. Nothing in these Terms grants you any right, title, or interest in or to LWO's Intellectual Property. You may not reproduce, modify, distribute, reverse-engineer, decompile, or otherwise exploit any portion of the Platform without LWO's prior written consent.
10.3 Trademark Rights and Use in Commerce
The mark LOOK WHO'S OUTDOORS, the LWO logo, and all associated trade names, service marks, and brand identifiers (collectively, the 'Marks') are trademarks of Look Who's Outdoors LLC, registered or pending registration with the United States Patent and Trademark Office ('USPTO'). The Marks are used in commerce in connection with: (1) social networking platform services, including online community features enabling users to discover, organize, and participate in outdoor events and activities; and (2) outdoor gear and products offered through the LWO marketplace. Nothing in these Terms or any other agreement between LWO and any User grants any licence, right, or interest in the Marks. No User, Host, Seller, or third party may use the Marks — in whole or in part, alone or in combination with other words or designs — in any marketing, advertising, promotional material, social media, domain name, application name, or other commercial context without the prior express written consent of Look Who's Outdoors LLC. Unauthorised use of the Marks constitutes trademark infringement and unfair competition under applicable federal and state law, and LWO reserves all rights and remedies available at law and in equity.
10.4 DMCA and Copyright Complaints
LWO respects intellectual property rights and complies with the Digital Millennium Copyright Act ('DMCA'). If you believe that Content on the Platform infringes your copyright, please submit a takedown notice in accordance with LWO's DMCA Policy to [email protected]. LWO's DMCA Policy is incorporated herein by reference.
Prohibited Conduct
You agree not to use the Platform for any purpose that is unlawful, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable. Without limiting the generality of the foregoing, you agree not to:
- Use the Platform in violation of any Applicable Law or regulation;
- Post or transmit any Content that is false, misleading, defamatory, obscene, pornographic, harassing, threatening, abusive, hateful, or discriminatory on any basis;
- Impersonate any person or entity or misrepresent your affiliation with any person or entity;
- Attempt to gain unauthorized access to any part of the Platform or any account, computer system, or network connected to the Platform;
- Introduce any virus, malware, ransomware, Trojan horse, or other malicious code into the Platform;
- Use automated scripts, bots, scrapers, or other automated means to access, collect, or extract data from the Platform without LWO's prior written consent;
- Circumvent, disable, or interfere with any security or access-control feature of the Platform;
- List prohibited Products or create Events that violate LWO's policies;
- Engage in price gouging, fraudulent listings, or deceptive practices;
- Collect, harvest, or attempt to collect personal information of other Users (including via scraping, social engineering, or use of bots);
- Use the Platform to send unsolicited commercial communications in violation of the CAN-SPAM Act (15 U.S.C. §§ 7701 et seq.) or the Telephone Consumer Protection Act (47 U.S.C. § 227);
- Process the personal information of other Users in violation of the Privacy Policy or any applicable privacy or data protection law;
- Use the Platform for any commercial purpose other than those expressly permitted by these Terms;
- Facilitate or encourage any third party to engage in any of the foregoing.
Violation of this Section may result in immediate suspension or termination of your account and may expose you to civil and/or criminal liability. LWO reserves the right to report any conduct that it reasonably believes to constitute a violation of Applicable Law to the appropriate authorities.
Disclaimers Of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LWO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE;
- ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY CONTENT ON THE PLATFORM;
- ANY WARRANTY REGARDING THE QUALITY, SAFETY, LEGALITY, OR SUITABILITY OF ANY EVENT OR PRODUCT LISTED BY A HOST OR SELLER;
- ANY WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
LWO does not warrant, endorse, guarantee, or assume responsibility for any Event, Product, Host, Seller, or User on the Platform. Any reliance you place on the Platform or on any Content, Event, or Product is at your own risk.
Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LWO, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
- ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
- ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM AN EVENT OR ACTIVITY CONDUCTED BY A HOST;
- ANY PRODUCT LIABILITY ARISING FROM PRODUCTS SOLD BY A SELLER;
- ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR DATA;
- ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PLATFORM.
IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LWO'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL CASES, LWO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO LWO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
Notwithstanding any other provision of this Section 13, nothing in these Terms (a) excludes or limits LWO’s liability for fraud, willful misconduct, gross negligence, or any other liability that cannot lawfully be excluded or limited under Applicable Law (including, without limitation, California Civil Code § 1668, Florida Statutes § 768.0701, and consumer-protection statutes that prohibit certain liability waivers); (b) limits any consumer rights that cannot be waived under the Magnuson-Moss Warranty Act, the Federal Trade Commission Act, or any state Unfair and Deceptive Acts and Practices statute; or (c) limits any non-waivable rights you may have under the laws of the state in which you reside.
Indemnification
You agree to defend, indemnify, and hold harmless LWO and its members, managers, officers, employees, agents, contractors, licensors, and successors from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your access to or use of the Platform;
- Your Content;
- Any Event you organize or conduct as a Host;
- Any Product you list or sell as a Seller;
- Your violation of these Terms or any Applicable Law;
- Your violation of any third-party right, including any Intellectual Property Rights;
- Any claim made by a third party arising from your use of or activities on the Platform.
LWO reserves the right to assume exclusive control of the defence of any matter for which you are required to indemnify LWO, and you agree to cooperate fully with LWO in such defence. You may not settle any claim without LWO's prior written consent.
Dispute Resolution, Arbitration, And Class-Action Waiver
15.1 Informal Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Platform ('Dispute'), the parties shall first attempt to resolve the Dispute informally by providing written notice to the other party describing the nature of the Dispute and the relief sought. The parties shall have thirty (30) days from the date of such notice to attempt informal resolution in good faith before initiating arbitration.
15.2 Binding Arbitration
If a Dispute is not resolved informally within thirty (30) days, it shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ('AAA') under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration shall be conducted in the State of Texas, United States. The arbitral award shall be final and binding on both parties, and judgment upon the award may be entered in any court having jurisdiction thereof.
Right to Opt Out of Arbitration. You may opt out of this binding arbitration provision by providing written notice to [email protected] within thirty (30) days of first accepting these Terms (or, for existing Users, within thirty (30) days of any material amendment to this Section 15). Your opt-out must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
Small-Claims Court. Notwithstanding this Section 15.2, either party may bring an individual claim in any small-claims court of competent jurisdiction.
Mass-Arbitration Procedures. If 25 or more substantially similar arbitration demands are filed against LWO within a 60-day period by counsel representing claimants, the parties agree to follow the AAA Mass Arbitration Supplementary Rules (effective Jan. 15, 2024) or the JAMS Mass Arbitration Procedures (effective May 2024), as administered by AAA or JAMS in their discretion, including selection of bellwether cases and any cost-shifting protocols set forth therein.
15.3 CLASS-ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE OR JOIN CLAIMS OF MORE THAN ONE PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS-ACTION WAIVER IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, THAT CLAIM SHALL PROCEED IN COURT RATHER THAN ARBITRATION.
California Public Injunctive Relief. Notwithstanding the foregoing, you retain the right to seek public injunctive relief in court for claims brought under California’s Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.), False Advertising Law (Cal. Bus. & Prof. Code §§ 17500 et seq.), and Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750 et seq.), as required by McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), and its progeny. If a court determines that the class-action waiver is unenforceable as to a particular claim seeking public injunctive relief, that claim shall be severed and proceed in court while all other claims proceed in arbitration as set forth above.
15.4 Governing Law
These Terms and all Disputes shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Notwithstanding the foregoing, mandatory consumer-protection statutes of your state of residence (including the California Consumer Privacy Act, the California Consumers Legal Remedies Act, and analogous statutes in your state) apply to the extent they confer rights that cannot be waived by contract. For any matter not subject to arbitration, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Texas.
15.5 California, Florida, and Other State Consumer Rights
Nothing in these Terms is intended to limit any non-waivable rights you may have under the California Consumer Privacy Act, the California Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750 et seq., which prohibits certain unconscionable terms), the Florida Deceptive and Unfair Trade Practices Act, or any other consumer-protection statute of your state of residence. Pursuant to California Civil Code § 1789.3, California Users are entitled to specific consumer rights notice: ‘The provider of this service is Look Who’s Outdoors LLC, located at 110 N. Akard Street #1036, Dallas, TX 75201. To file a complaint regarding the service or to receive further information regarding the use of this service, send a written complaint to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.’
Account Suspension And Termination
16.1 Termination by LWO
LWO reserves the right to suspend, restrict, or permanently terminate your account and your access to the Platform at any time, with or without prior notice, with or without cause, including but not limited to where LWO determines, in its sole judgment, that you have:
- Violated these Terms or any applicable policy;
- Engaged in fraudulent, deceptive, or illegal conduct;
- Created a risk to the safety of other Users, Hosts, Sellers, or the public;
- Been the subject of three (3) or more validated disputes within any rolling twelve (12)-month period;
- Caused harm to LWO's reputation or business interests.
16.2 Permanent Bans
Hosts and Sellers may be permanently banned from the Platform for violations including but not limited to: safety risks to attendees or buyers; fraud or deceptive practices; repeated policy violations; conduct harmful to Users, other Hosts, Sellers, or the Platform; or any criminal conduct related to Platform activities. Permanent bans may be issued at LWO's sole discretion without appeal.
16.3 Appeals
Users whose accounts are suspended (not permanently banned) may submit a written appeal to [email protected]. Appeals are reviewed internally, and LWO will endeavour to respond within seven (7) to ten (10) business days. LWO's decision on appeal is final.
16.4 Effect of Termination
Upon termination of your account for any reason:
- Your right to access and use the Platform ceases immediately;
- Any pending payouts will be disbursed in accordance with LWO's standard payout process, unless withheld due to outstanding violations, active disputes, or suspected fraud;
- LWO may retain your data for up to ninety (90) days following account deletion, after which it will be deleted or de-identified, except where retention is required by Applicable Law (including tax, anti-money-laundering, and litigation-hold obligations) or is otherwise permitted under our Privacy Policy. You may, where required by Applicable Law, request earlier deletion in accordance with the procedures set forth in our Privacy Policy.
- Provisions of these Terms that by their nature survive termination shall continue in full force and effect, including without limitation Sections 10, 12, 13, 14, and 15.
Modifications To The Platform
LWO reserves the right to modify, suspend, discontinue, or terminate any aspect of the Platform at any time, with or without notice, and without liability to you or any third party. LWO shall not be liable for any loss or damage resulting from any such modification, suspension, discontinuation, or termination.
Privacy And Data Protection
Your use of the Platform is subject to LWO's Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy. If you are a California resident, you may have additional rights under the CCPA/CPRA, as described in the Privacy Policy.
Without limiting the foregoing, your privacy rights — including, where applicable, the right to access, correct, delete, port, and opt out of the sale or sharing of your personal information; the right to limit the use of sensitive personal information; and the right to designate an authorized agent — are described in detail in the Privacy Policy. We comply with the California Consumer Privacy Act, the California Privacy Rights Act, and analogous comprehensive privacy laws of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Florida (where applicable), Iowa, Tennessee, Indiana, Delaware, New Jersey, New Hampshire, Minnesota, Maryland, and Rhode Island, as those laws come into effect.
Links To Third-Party Services
The Platform may contain links to, or integrations with, third-party websites, applications, and services, including Stripe, USPS, Google Analytics, Firebase, and others. These third-party services are governed by their own terms of service and privacy policies, and LWO makes no representation or warranty as to their content, availability, or practices. LWO shall not be liable for any damage or loss arising from your use of any third-party service.
Force Majeure
LWO shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond LWO's reasonable control, including but not limited to natural disasters, acts of God, pandemic, epidemic, government orders, civil unrest, terrorism, war, labour disputes, failure of third-party service providers, or internet or telecommunications failures.
Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable under Applicable Law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, Refund Policy, and any applicable Host Agreement, Seller Agreement, or Liability Waiver, constitute the entire agreement between you and LWO with respect to the subject matter hereof and supersede all prior agreements, understandings, representations, and warranties, whether oral or written, relating to such subject matter.
Waiver
No failure or delay by LWO in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No waiver by LWO of any breach shall be construed as a waiver of any subsequent breach of the same or any other provision.
Assignment
You may not assign, delegate, or transfer any of your rights or obligations under these Terms without LWO's prior written consent. LWO may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, reorganisation, sale of assets, or operation of law, without your consent and without notice.
Notices
All legal notices to LWO under these Terms must be sent in writing to [email protected]. LWO may provide notices to you via email to the address on file with your account, via in-app notification, or by posting on the Platform. Electronic notices are deemed received when sent, unless LWO receives a delivery failure notification.
By using the Platform, you affirmatively consent to receive all communications, notices, agreements, disclosures, and other records (collectively, ‘Communications’) from LWO in electronic form, including by email to the address on file or by in-app notification, in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. § 7001(c). You may withdraw this consent at any time by contacting [email protected]; however, withdrawal of consent may result in termination of your account because LWO is unable to continue providing the Platform on a non-electronic basis.
Contact Information
For questions about these Terms, or to send a legal notice, you can reach Look Who’s Outdoors LLC at the contacts below.
- General support: [email protected]
- Legal & compliance: [email protected]
- Privacy & legal notices: [email protected]
- Copyright / DMCA: [email protected]
- Registered office: Look Who’s Outdoors LLC, 110 N. Akard Street #1036, Dallas, TX 75201, USA
- EIN: 83-1356603
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