Effective Date: November 02, 2025
Last Revised: November 02, 2025
Please read these Terms & Conditions (the “Terms”) carefully because they govern your use of our iOS application (the "App"), our website ingoutdoors.com (the "Site"), and any related services (collectively, the "Services") belonging to ING-APP LLC, a Wyoming LLC (“ing”, "ing Outdoors" “us,” “our,” and “we”), unless a separate agreement or agreements (collectively, the “Agreement”) exist between you and ing, in which case the Agreement will control thereafter against any documentation or other agreements or materials, including the Terms. If you do not agree to these Terms, then you have no right to access or use the App or the Site. All information we collect via the App or the Site is subject to our Privacy Policy, which is incorporated herein by reference. By using the App or the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. As used herein, the term “you” (including any variant) refers to each individual who enters into these Terms on such individual’s own behalf or any entity on behalf of which an individual enters into these Terms, in which case you represent and warrant that you have the authority to bind that entity to the Terms (and in that case, “you” will refer to the individual and that entity).
THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ing, AND SECTIONS 6 AND 7 OF THESE TERMS ARE, AS APPLICABLE, A LEGALLY BINDING AGREEMENT BETWEEN USERS. BY ACCESSING, BROWSING OR OTHERWISE USING THE APP OR THE SITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY AND ABIDE BY THE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND AGREE TO THE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).
The App or the Site is not directed to or intended for use by children under thirteen (13) years of age
YOU MAY NOT ACCESS OR USE THE APP OR THE SITE OR ACCEPT THE TERMS IF YOU ARE UNDER 13 YEARS OLD AND YOU MAY NOT DO SO IF YOU ARE 13 YEARS OR OLD, BUT UNDER 18 YEARS OLD OR LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION, UNLESS YOU HAVE CONSENT FROM YOUR PARENT OR GUARDIAN TO USE THE APP OR THE SITE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THE TERMS, DO NOT ACCESS AND/OR USE THE APP OR THE SITE.
THE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
ing may modify the Terms from time to time, in which case ing will post a new version on the Site and update the “Last Revised” date above. Modifications to the Terms are effective when posted to the Site. Your continued use of the App or the Site following the posting of any changes constitutes your acceptance of such changes, and if you do not agree with these changes, you must immediately stop using the App or the Site. Because the App or the Site are evolving over time, ing may change or discontinue all or any aspect of the App or the Site, at any time and without notice, at ing's sole discretion.
Subject to these Terms, ing grants you a non-transferable, non-exclusive, revocable, limited license to use and access the App or the Site solely for your own personal and non-commercial use, such use not for public performance purposes. ing may revoke your license at any time in its sole and absolute discretion and upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the App or the Site, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
The rights granted to you in the Terms are subject to the following restrictions:
Unless otherwise indicated, any future Service (including any aspect thereof) will be subject to the Terms. All copyright and other proprietary notices embedded within or displayed on the App or the Site must be retained.
ing reserves the right, at any time, to modify, suspend, or discontinue the App or the Site (in whole or in part) with or without notice to you. You acknowledge and agree that ing will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App or the Site or any part thereof.
You acknowledge and agree that ing will have no obligation to provide you with any support or maintenance in connection with the App or the Site.
Excluding any User Content (as defined below), you acknowledge and agree that all the intellectual property rights, including without limitation rights in copyrights, patents, trademarks, and trade secrets, in the App or the Site and its content are owned by ing or ing’s licensors. Neither these Terms nor your access to or use of the App or the Site transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Sections 1.1 and 1.2. ing reserves all rights not granted in the Terms. There are no implied licenses granted under the Terms.
To create an ing account, you must apply through the App or the Site. Suspending or terminating of an existing account is at ing's sole discretion. You must provide accurate, current, and complete information during the registration process and keep your account up to date. You also agree to continuously update and ensure the accuracy of your account information throughout the duration of your use of the App or the Site. You are responsible for maintaining the confidentiality of your account and password.
You may not use the App or the Site for any commercial purpose without our prior written consent.
By using our Services and submitting an application for an account, you represent and warrant that the third-party social media and other accounts listed in your application belong to you. You further acknowledge and agree that we reserve the right to request additional information or documentation from you to verify your identity. This may include, but is not limited to, government-issued identification documents, proof of address, or any other relevant identification information.
By linking, connecting or otherwise integrating any third-party social media account (including, without limitation, Instagram, TikTok, YouTube, or any successor or related service) with your ing account or Services usage, you represent, warrant and covenant that you have read, understood and agreed to that platform's applicable terms of service, privacy policy, guidelines, and any other rules governing your use of that platform. You acknowledge that your access to and use of such platforms is subject to those third-party terms, and that any failure by you to comply with such terms may constitute a breach of this Agreement.
“User Content” means any and all information and content that a user submits to, or uses with, the App or the Site. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy under Section 2.3. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by ing. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. ing is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You hereby grant (and you represent and warrant that you have the right to grant) to ing an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the App or the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
The following terms constitute our "Acceptable Use Policy."
We reserve the right (but have no obligation) to review any User Content or user activity, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms or otherwise create liability for us or any other person. Further, ing may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body. Such action may include, but is not limited to, removing, modifying or refusing to publish your User Content, terminating or suspending your access to the App or the Site, disclosing and reporting your identity or other information about you to law enforcement authorities or third-parties who claim that material violates their rights, and/or taking any action that we deem necessary or appropriate in our sole discretion. YOU WAIVE AND HOLD HARMLESS ing FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ing DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ing OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all User Content before it is posted on the App or the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
If you provide ing with any reports, comments, suggestions, ideas, text, photos, audio, video, information, other content or other feedback regarding the App or the Site (“Feedback”), in whatever form and through whatever means, you do so without expectation of compensation and you hereby grant ing a perpetual, irrevocable, freely transferable, freely sublicensable, fully-paid, royalty-free right and license to such Feedback and agree that ing will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. If Feedback includes personal information, such Feedback will only be used for these purposes if such use complies with applicable dfata protection laws in accordance with the Privacy Policy. Feedback is strictly voluntary and ing will treat any Feedback you provide to ing as non-confidential and non-proprietary. You agree that you will not submit to ing any information or ideas that you consider to be confidential or proprietary
If you believe that another User poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting ing. In addition, if you believe that another User has violated our Terms, you should report your concerns to ing. If you reported an issue to local authorities, ing may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
ing respects the intellectual property rights of others and enforces the following copyright policies:
In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. The designated Copyright Agent for ing is zach@ingoutdoors.com.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, ing has adopted a policy of terminating, in appropriate circumstances and at ing’s sole discretion, users who are deemed to be repeat infringers. ing may also at its sole discretion limit access to the App or the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Access to our Services requires a paid subscription. Fees are payable in advance and will be billed automatically on a recurring basis (e.g., monthly or annually) as selected by you at the time of purchase.
Your subscription will automatically renew at the end of each billing period unless you cancel it prior to the renewal date. You authorize us to charge your selected payment method for the renewal term.
We reserve the right to change our subscription fees at any time. We will provide you with reasonable advance notice of any price changes, which will take effect at the start of the next billing cycle.
All subscription payments are non-refundable, except as required by law or as dictated by the terms of the platform through which you made the purchase (e.g., the Apple App Store).
You agree to indemnify and hold harmless ing (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the App or the Site, (b) your User Content, (c) your violation of the Terms; or (d) your violation of applicable laws or regulations. ing reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ing. ing will use reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it.
The App or the Site may use or contain links to third-party applications, websites and services, and/or sponsored links or display advertisements for third parties (collectively, “Third-Party Materials”). Such Third-Party Materials are not under the control of ing, and ing is not responsible for any Third-Party Materials. ing does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You use all Third-Party Materials at your own risk, and should apply a suitable level of caution and discretion in doing so. When you interact with any of the Third-Party Materials, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.
Each user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users of the App or the Site are solely between you and such users. You agree that ing will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the App or the Site, we are under no obligation to become involved.
You agree that you are solely responsible for your interactions with any other user in connection with the App or the Site and ing will have no liability or responsibility with respect thereto. ing reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the App or the Site.
You hereby release and forever discharge ing (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the App or the Site (including any interactions with, or act or omission of, other users of the App or the Site or any Third-Party Materials).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE APP OR THE SITE AND ALL COMPONENTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ing EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. ing MAKES NO WARRANTY THAT THE APP OR THE SITE OR ANY COMPONENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APP OR THE SITE OR ANY COMPONENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. ing MAY UPDATE THE CONTENT ON THE SITE AND SERVICES FROM TIME TO TIME, BUT SUCH CONTENT IS NOT NECESSARILY COMPLETE OR UP TO DATE. ANY OF THE MATERIAL ON THE SITE AND SERVICES MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT ACTING AS A USER CARRIES INHERENT RISKS AND AGREE THAT YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP OR THE SITE (INCLUDING ANY OFFERINGS), PROVIDING ANY OFFERINGS, OR ANY INTERACTION YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE. YOU AGREE THAT YOU HAVE HAD THE OPPORTUNITY TO INVESTIGATE THE APP OR THE SITE AND ANY LAWS, RULES, REGULATIONS, OR OBLIGATIONS THAT MAY BE APPLICABLE TO THE APP OR THE SITE, OFFERINGS OR OTHER SERVICES IN CONNECTION WITH BEING A USER AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW MADE BY ing.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ing BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS, THE APP OR THE SITE OR ANY COMPONENTS, OR YOUR USE OF, OR INABILITY TO USE, THE APP OR THE SITE OR ANY COMPONENTS, EVEN IF ing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE APP OR THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES RESULTING THEREFROM.
ing SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ABNORMAL OR UNFORESEEABLE CIRCUMSTANCES OUTSIDE ITS REASONABLE CONTROL, THE CONSEQUENCES OF WHICH WOULD HAVE BEEN UNAVOIDABLE DESPITE ALL EFFORTS TO THE CONTRARY, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, NATURAL DISASTERS, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, PANDEMICS, EPIDEMICS OR DISEASE, STRIKES OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNTS PAID BY YOU AND RETAINED BY ing IN THE TRANSACTION GIVING RISE TO SUCH ACTION; OR (ii) ONE HUNDRED UNITED STATES DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE TERMS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Subject to this Section, the Terms will remain in full force and effect while you use the App or the Site. We may suspend or terminate your rights to use the App or the Site at any time for any reason at our sole discretion, including for any use of the App or the Site in violation of the Terms. Upon termination of your rights under the Terms, your right to access and use the App or the Site will terminate immediately. Even after your rights under the Terms are terminated, the following provisions of the Terms will remain in effect: Sections 1.3-1.11, 2, 3, 4, 5, 6, 7, and 9.
Notwithstanding any other provision herein, in the event of your breach or threatened breach or failure to comply with these Terms, ing shall be entitled to seek injunctive relief, specific performance, or any other equitable remedy in any court of competent jurisdiction, whether located within or outside the United States, without the necessity of posting bond or proving actual damages. This right applies in addition to, and not in lieu of, any other rights or remedies available to ing at law or in equity, including arbitration. You irrevocably consent to the jurisdiction of such courts for purposes of any proceeding initiated under this section and waive any objection to such jurisdiction or venue, including based on forum non conveniens.
The Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to the Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
(a) Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the App or the Site, to any products sold or distributed through the App or the Site or to any aspect of your relationship with ing, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify; and (ii) you or ing may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of the Terms or any prior version of the Terms.
(b) Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at info@ingoutdoors.com. The arbitration will be conducted at the Denver, Colorado office of JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/; JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, ing will pay them for you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Authority of Arbitrator. The arbitrator will have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
(d) Waiver of Jury Trial and Class Actions. YOU AND ing HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND ing ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. You and ing are instead electing that all disputes, claims, or requests for relief will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 8.2(a). An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(e) Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in Teton, Wyoming. All other disputes, claims, or requests for relief will be arbitrated.
(f) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to info@ingoutdoors.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
(g) Severability. Except as provided in Section 10.2(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
(h) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
(i) Modification. Notwithstanding any provision in the Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at info@ingoutdoors.com and expressly opting out of such change.
The Terms will be governed by the internal law of the State of Delaware, without regard to conflict of law principles that would result in the application of any law other than the law of the State of Delaware. The Parties agree that the exclusive jurisdiction of any actions arising out of this Agreement and not applicable to Section 10.2 will be in the state or federal courts, as applicable, located in Teton County, Wyoming.
(a) The App or the Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from ing, or any products utilizing such data, in violation of the U.S. export laws or regulations.
(b) ing is based in the State of Wyoming in the U.S. We provide this Services for use only by persons located in the U.S. We make no claims that the App or the Site or any of its content is accessible or appropriate outside of the U.S.. Access to the App or the Site may not be legal by certain persons or in certain countries. If you access the App or the Site from outside the U.S., you do so on your own initiative and are responsible for compliance with local laws.
You represent and warrant that neither you nor any individual or entity associated with your account is the subject of sanctions administered or enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce (including BIS), the United Nations Security Council, the European Union, or the UK government. You agree not to use the App or the Site in violation of such laws, including applicable export control and sanctions laws of the United States and other jurisdictions.
ing is located at the address in Section 10.10. If you are a resident of the U.S., you may have additional rights to disclosures and complains under the laws of your state in which you reside. For example, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210; or if you are a Massachusetts resident, you may report complaints to the Consumer Advocacy & Response Division (CARD) of the Office of the Attorney General by contacting them in person or in writing at One Ashburton Place, 18th Floor, Boston, MA 02108, by telephone at 617-727-8400, or by online submission at https://www.mass.gov/how-to/file-a-consumer-complaint.
The communications between you and ing use electronic means, whether you use the App or the Site or send us emails or messages through third-party messaging platforms, or whether ing posts notices on the App or the Site or communicates with you via email or messages through third-party messaging platforms. For contractual purposes, you (a) consent to receive communications from ing in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ing provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
The Terms constitute the entire agreement between you and us regarding the use of the App or the Site, other than the Agreement if applicable. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ing’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ing may freely assign the Terms. The terms and conditions set forth in the Terms will be binding upon assignees.
The ing trademarks, logos and service marks, and all related names, logos, product and service names, designs, and slogans (“Marks”) are ing’s property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.
ING-APP LLC
P.O. Box 13107
Jackson, WY 83002
Email: info@ingoutdoors.com
ing shall not be liable or responsible for any failure or delay in performance of its obligations under this Agreement arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, without limitation, internet outages, denial-of-service attacks, strikes, acts of war or terrorism, pandemics, embargoes, governmental actions, or natural disasters.
The following provisions will survive termination of this Agreement: Sections 1.3-1.11 (Affiliate Marketing, Cancellations, Ownership, Registration, Identification, Connecting Social Accounts), 2 (User Content), 3 (Commission and Payment Terms), 4 (Indemnification), 5.4 (Release), 6 (Disclaimers), 7 (Limitation of Liability), 9 (Injunctive Relief), 10.2-10.12 (Dispute Resolution, Governing Law, Export Restrictions, Sanctions, Electronic Communications, Entire Terms, Force Majeure, Survival), and any other provisions which by their nature are intended to survive.