Secure Sockets Layer (SSL Technology)

OUTBRO.com uses Secure Sockets Layer (SSL) technology to provide you with the safest, most secure shopping experience possible. SSL technology enables encryption (scrambling) of sensitive information, including passwords and credit card numbers, during your online transactions. All of the forms on our site are secured with SSL technology so your personal information stays safe and out of malicious hands.

Industry Standard Firewalls

OUTBRO.com servers are protected by secure firewalls—communication management computers specially designed to keep information secure and inaccessible by other Internet users. So you’re absolutely safe while you shop. SSL Technology and Industry Standard Firewalls all work together to ensure your privacy and to assist in protecting your personal data.

Privacy

At OUTBRO, we are committed to protecting your privacy and want you to feel comfortable using our web site. Please take a moment to read this Privacy Policy to understand how OUTBRO collects, protects, uses and discloses the personal information you provide to us.

This Privacy Policy applies to all personal identifiable information that is collected, used or disclosed by OUTBRO. In it, we describe what we do with your information, the choices you have, and we provide you with information for how to change your privacy preferences, update your contact information or request to be removed from our list.

We also collect aggregate information from web site users, but this information does not identify you personally, and therefore is not considered personal information. We use aggregate information to tell us, for example, how many people visit our web site on a given day or during a given timeframe. See the section entitled “Web site Information and Cookies” below for further detail about aggregate information.

Your use of our web site indicates your consent to the collection, use and disclosure of your personal information in accordance with this Statement.

Personal Information Collected and How It Is Used By OUTBRO

OUTBRO collects personal information in order to provide certain services to its customers, such as allowing them to purchase product over the internet, allowing them to request promotional materials, or participate in special promotional offers or contests. We could not do any of these things without collecting your data. Also, if you contact customer service for any reason, we collect your data so that we may properly assist you or respond to your customer service request.

OUTBRO will use the personal information you provide either for the fulfillment of the service request (e.g. sending your product order or the requested promotional item, or for administering a program. OUTBRO may also use certain personal information that you provide or that we may collect in aggregate form to facilitate the development of products and services. When obtaining information from you, OUTBRO will ask only for the information we reasonably need to provide the product or service you have requested.

Disclosure of Your Personal Information

We may disclose personal information to other companies in connection with marketing efforts including but not limited to direct marketing, which may have no relationship to us. Furthermore, we may sell, license, or share your information with third-parties for various marketing purposes, including but not limited to telemarketing, email marketing, text messaging, and direct mail. However, we do provide such information to our service providers that we have retained to perform the requested fulfillment of services such as purchase delivery, direct mail, and email. OUTBRO ensures that all service providers who access your data are PCI compliant. This refers to the Payment Card Industry Data Security Standards and is the highest level of compliance possible.

OUTBRO may also disclose your personal information to government agencies or regulatory authorities where required by law. OUTBRO will never reveal your personal information to any third party without your prior knowledge and consent unless required to do so by law.

In the event that OUTBRO or any of its assets are acquired by a third party, personal information held by us may be transferred to the third party.

Indicating Your Privacy Preferences

Except as may be required in order to process a transaction, you may choose whether or not to give us your personal information, and if you do, how we may use it. If we request your personal information, we will tell you why we are collecting it and seek your consent. Sometimes you will be asked to give your consent expressly (such as by checking a box or clicking on a web page). Other times we may obtain your consent implicitly by asking you to provide information with stated purposes but without any express statement of consent, such as when you order a product, request a catalog, or when you respond to surveys. In those cases, your consent is implied by the fact that you are willingly participating by providing us your data.

We do not disseminate or use your data without either of these methods of your consent.

You may notify us at any time that you do not want us to use your information for any purposes that are not required to complete a transaction by contacting us in any of the ways described at the end of this Privacy Policy. You may at any time withdraw or change your consent to our use and disclosure of your information, or request that we delete your information from our files, subject to any legal or contractual restrictions.

Children

We do not market to, or knowingly collect any information from, minors.

Protection of Personal Information

OUTBRO and/or its providers employ physical, electronic, and procedural safeguards to protect the personal information you provide to us. All credit card data is handled exclusively by companies possessing PCI compliance, and is never accessible to nor shared with anyone else, ever.

Information Retention

We retain your information as long as it is required for the purposes identified when you provided that information to us, or for any new purposes to which you thereafter consented. Information is maintained on file thereafter for sufficient time to permit any necessary follow-up. Certain information is retained for longer periods for our internal audit and quality control purposes.

Our website tracking program collects aggregate (non-identifiable) information about the number of visitors, the types of browsers or Internet Service Providers (ISPs) used, and the number of times and length of time a customer spends on a particular page. Data about these pages visited, referring pages, and exit pages are commonly known as “log files.” We also collect date through “cookies,” which is a term that refers to small text files transferred from a website to a visitor’s computer hard drive, which enables the website to track the visitor’s activities while browsing that website. This data helps us measure the popularity and effectiveness of the different sections of this website, which in turn allows us to make changes to make the website more customer-friendly. Web browsers allow a computer user to disable the use of cookies if you should choose to. Please note, however, that blocking cookies often disrupts the functions of a website and may interfere with your ability to utilize all of its features.

We occasionally use email to send announcements regarding new products, services, or promotions that would be of interest to our customers. We will send you email only if you have provided us with your email address and have consented to receive email from us. You can choose to unsubscribe to OUTBRO email lists at any time by sending a request to [email protected].

Updates to the Privacy Statement

We recommend that you review this Privacy Statement periodically, as OUTBRO reserves the right to change its terms at any time and apply these revised terms to all information previously collected. If we decide to change provisions of our Privacy Statement, we will post the changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we may disclose it. Your continued use of OUTBRO.com following the posting of any revised Privacy Statements will be considered implicit consent to any revisions.

Reviewing and Updating Your Personal Information

We recognize that having accurate information about you and your preferences is important to our ability to better serve you, so you may review and update any of the information that we have on file about you, or update your preferences, at any time.

If you wish to review or update your information or preferences, you may do so by contacting us using one of the options provided below.

Contacting OUTBRO

If you would like us to update your contact information or remove your name from our mailing list, or if you have any questions or concerns about OUTBRO’s policies or about your personal information, please contact our Privacy Office by sending an email to [email protected]. We will respond to your inquiry or investigate your concern as quickly as possible.

Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALE AGREEMENT”) VERY CAREFULLY.

THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH OUTBRO. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).

Important Information About This Legal Contract

This Sale Agreement is a legal contract between the Customer and OUTBRO. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site, by telephone, facsimile or otherwise. (References to “you” or “your” shall relate to the Customer; references to “OUTBRO” shall relate to OUTBRO and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and OUTBRO relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by OUTBRO. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Arbitration

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity, enforceability thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), OUTBRO’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY EITHER THE AAA OR THE NATIONAL ARBITRATION AND MEDIATION, INC. under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Consumer shall have the ability to choose between these two forums as well as choose a venue that is convenient for Consumer. Additionally, OUTBRO shall bear the cost of the administrative and arbitrator fees. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and OUTBRO. Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in a venue chosen by Consumer. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration; provided however, in the event that Customer should prevail on its claim against OUTBRO then Customer shall be entitled to recover attorneys’ fees from OUTBRO to at least the same extent as Customer would recover in court.

THIS SALE AGREEMENT AND ARBITRATION CLAUSE DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE NAF PROCEDURES OR RULES WOULD. YOU AGREE THAT, BY ENTERING INTO THIS SALE AGREEMENT, YOU AND OUTBRO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Opt-out: You may opt-out of this dispute resolution provision only by notifying OUTBRO within 30 days of the date that it first applies to you. You must do so by writing to OUTBRO, 317 S. HAMILTON AVE, GREENSBURG, PA 15601, attn.: Arbitration Opt-Out, and including your name, address, account number (if you have one), and a clear statement that you do not wish to resolve disputes with OUTBRO through arbitration.

Governing Law

THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF PA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. IN THE EVENT, AND FOR WHATEVER REASON, SHOULD THE ARBITRATION CLAUSE ABOVE BE INAPPLICABLE, THEN CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN WESTMORELAND COUNTY, PA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

Title; Risk of Loss

Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by OUTBRO is OUTBRO’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).

Export Sales

If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country.

General Legal Disclaimer

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, OUTBRO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.REFUND OF PRICE PAID OR REPLACEMENT OF PRODUCT IS YOUR EXCLUSIVE REMEDY.

Pricing and Information Disclaimer

All pricing is subject to change. For all prices, products, and offers, OUTBRO reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

While OUTBRO uses reasonable efforts to include accurate and up-to-date information on the Site, OUTBRO makes no warranties or representations as to the Site’s accuracy. OUTBRO assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability

OUTBRO WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. OUTBRO WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, OUTBRO IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

Orders; Payment Terms; Interest; Taxes

Terms of payment are within OUTBRO’s sole discretion, and unless otherwise agreed to by OUTBRO payment must be received by OUTBRO prior to OUTBRO’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by OUTBRO Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. OUTBRO may invoice parts of an order separately. Orders are not binding upon OUTBRO until accepted by OUTBRO. Any quotations given by OUTBRO will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

Freight Policy

Shipping and handling charges on all orders vary; contact your OUTBRO Customer Service for our most current and competitive rates, options and shipping specials.

Return Policy

All products shipped by OUTBRO have a 30-day money back guarantee less shipping and handling. Return authorization numbers must be received from Customer Service and written on the shipping box. Please contact Customer Service with any questions about OUTBRO’s weight loss guarantee at [email protected]. The above mentioned Return Policy applies to Internet purchases directly from OUTBRO only.

OUTBRO reserves the right to authorize product returns beyond 30-days from the invoice date. IF the product is accepted after 30-days, credit will be issued toward FUTURE PURCHASES ONLY.

Severability

If any provision of this Sale Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

Acceptance

By ordering any product from OUTBRO, whether by the Internet, telephone, facsimile or otherwise, the Customer agrees to be bound by these Terms and Conditions of Sale, as well as any other Contract terms contained elsewhere on the OUTBRO site.

Credit Cards

Credit card charges are processed online after ordering the products and/or services.