Terms of service
Effective Date: 2026-02-12
1. Introduction
Welcome to "The Outdoor Living Exchange a division of KBG Enterprises, LLC." ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website located at theoutdoorlivingexchange.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 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.
- Maintain and promptly update your account information to keep it accurate and current.
3.2 Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account login credentials.
- All activities that occur under your account.
- Notifying 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 the quantities of any products or services that we offer.
4.2 Pricing
Prices for our products are subject to change without notice. We are not liable for any price changes, modifications, or discontinuance of products.
4.3 Payment Terms
- Accepted Payment Methods: Visa, Mastercard, AmEx, PayPal, etc.
- Payment Processing: Payments are processed securely through Shopify Payments.
- Billing Information: You agree to provide current, complete, and accurate billing information.
4.4 Order Acceptance
We reserve the right to refuse or cancel any order for reasons including but not limited to:
- Product or service availability.
- Errors in the description or price of the product.
- Suspected fraudulent or unauthorized transactions.
5. Shipping and Delivery
5.1 Shipping Policy
Please refer to our Shipping Policy for information on shipping times, costs, and procedures.
5.2 Risk of Loss
All purchases are made pursuant to a shipment contract. Risk of loss and title for items pass to you upon our delivery to the carrier.
6. Returns and Refunds
Please refer to our Return and Refund Policy for information on returns, exchanges, and refunds.
7. SMS Messaging Policy
By providing your mobile phone number at checkout or through any form on our website, you consent to receive SMS text messages from The Outdoor Living Exchange. These messages may include order updates, customer service communications, product releases, promotions, and other brand‑related information.
1. Message Frequency
Message frequency varies. You may receive recurring automated and non‑automated text messages depending on your interactions with our store, your order activity, and your communication preferences.
2. Consent & Opt‑In Requirements
By opting in, you confirm that:
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You are the owner or authorized user of the mobile number provided.
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You understand that your consent is not a condition of purchase.
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You agree to receive SMS messages as described in this policy.
3. Opt‑Out Instructions
You may opt out of SMS messaging at any time by replying STOP to any message. After doing so, you will receive one final confirmation message stating that you have been unsubscribed. For additional help, reply HELP or contact us at our customer support email.
4. Message & Data Rates
Message and data rates may apply depending on your mobile carrier plan. Charges are the responsibility of the mobile account holder.
5. Support & Assistance
If you need help regarding our SMS program, reply HELP to any message or contact our support team. We will respond during normal business hours.
6. Privacy & Data Handling
We respect your privacy. Your phone number and SMS consent status are handled in accordance with our Privacy Policy, which explains how we collect, store, and use personal information. We do not sell or share your mobile number with third parties for their own marketing purposes.
7. Carrier Liability Disclaimer
Mobile carriers are not liable for delayed or undelivered messages.
8. Intellectual Property Rights
8.1 Ownership
All content on the Website, including text, graphics, logos, images, and software, is the property of "The Outdoor Living Exchange, a division of KBG Enterprises, LLC" or its content suppliers and is protected by intellectual property laws.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.
8.3 Restrictions
You agree not to:
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission.
- Use any meta tags or other hidden text using our name or trademarks without our express written consent.
9. User Content
9.1 Submissions
If you submit or post any content ("User Content") to the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content.
9.2 Prohibited Content
You agree not to submit any User Content that:
- Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
- Infringes on any intellectual property or other proprietary rights of any party.
10. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating Laws and Rights: Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
- Disruption: Interfere with or disrupt the Services or servers or networks connected to the Services.
- Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.
11. Disclaimers and Warranties
11.1 "AS IS" Basis
The Services are provided by "The Outdoor Living Exchange, a division of KBG Enterprises, LLC" on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding the Services.
11.2 No Warranty
We do not warrant that:
- The Services will meet your specific requirements.
- The Services will be uninterrupted, timely, secure, or error-free.
- The results obtained from the use of the Services will be accurate or reliable.
12. Limitation of Liability
In no event shall "The Outdoor Living Exchange, a division of KBG Enterprises, LLC", its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from:
- Your use or inability to use the Services.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the Services.
13. Indemnification
You agree to indemnify, defend, and hold harmless The Outdoor Living Exchange, a division of KBG Enterprises, LLC and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:
- Your use of and access to the Services.
- Your violation of any term of these Terms.
- Your violation of any third-party right, including intellectual property or privacy rights.
14. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of NH, without regard to its conflict of law provisions.
16. Dispute Resolution
Informal Resolution:
If a dispute arises between the customer and the store, both parties agree to first attempt to resolve the matter informally. Customers can contact our support team at support@theoutdoorlivingexchange.com within 30 days of the issue arising.
Mediation and Arbitration:
If the dispute cannot be resolved through informal means, both parties agree that the dispute will be settled through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in United States, and the decision of the arbitrator will be final and binding.
Governing Law:
This agreement and any dispute arising from it will be governed by the laws of NH, without regard to its conflict of law provisions.
Class Action Waiver:
Customers agree that any dispute will be resolved individually, and not as part of any class action, consolidated, or representative proceeding.
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 Terms
We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting to the Website. It is your responsibility to review these Terms periodically.
18. Miscellaneous
18.1 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in effect.
18.2 Entire Agreement
These Terms constitute the entire agreement between us regarding our Services and supersede any prior agreements.
18.3 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:
- Legal Entity: KBG Enterprises, LLC
- Store Name: The Outdoor Living Exchange
- Email: support@theoutdoorlivingexchange.com
- Phone: 1-866-890-3933
The Outdoor Living Exchange operates exclusively online. We do not maintain a physical retail location. All inquiries should be directed through our online contact form or via the email address referenced above.
Our registered agent information is available upon request in accordance with applicable state law.