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Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.

1. Acceptance ofAgreement. You agree to the terms and conditions outlined in thisTerms and Conditions of use Agreement ("Agreement") with respectto our site (the "Site"). This Agreement constitutes the entireand only agreement between us and you, and supersedes all prior orcontemporaneous agreements, representations, warranties and understandingswith respect to the Site, the content, products or services provided by orthrough the Site, and the subject matter of this Agreement. This Agreementmay be amended by us at any time and from time to time without specificnotice to you. The latest Agreement will be posted on the Site, and you shouldreview this Agreement prior to using the Site.



2. Copyright.The content, organization, graphics, design, compilation, magnetictranslation, digital conversion and other matters related to the Site areprotected under applicable copyrights, trademarks, registered trademarksand other proprietary (including but not limited to intellectual property)rights. The copying, redistribution, use or publication by you of any suchmatters or any part of the Site, except as allowed by Section 4, isstrictly prohibited. You do not acquire ownership rights to any content,document or other materials viewed through the Site. The posting ofinformation or materials on the Site does not constitute a waiver of anyright in such information and materials.



3. Fraud: Bybecoming a member, you confirm that the information provided in this formis true and that you agree to abide by the Terms and Conditions of use ofthis site. Please note that your membership can be cancelled withoutnotice if it is determined that false or misleading information has beenprovided, the Terms and Conditions of use have been violated, or otherabuses have occurred as determined by outdoorbalance.com in its solediscretion. If membership has been revoked, outdoorbalance.com reservesthe right to refuse application or readmission to the membership program.



4. Limited Right to Use.The viewing, printing or downloading of any content, graphic, form ordocument from the Site grants you only a limited, nonexclusive license foruse solely by you for your own personal use and not for republication,distribution, assignment, sublicense, sale, preparation of derivativeworks or other use. No part of any content, form or document may bereproduced in any form or incorporated into any information retrievalsystem, electronic or mechanical, other than for your personal use (butnot for resale or redistribution).



5. Editing, Deleting andModification. We reserve the right in our sole discretion to editor delete any documents, information or other content appearing on theSite, including this Agreement, without further notice to users of theSite.



6. Indemnification.You agree to indemnify, defend and hold us and our partners, attorneys,staff and affiliates (collectively, "Affiliated Parties") harmlessfrom any liability, loss, claim and expense, including reasonableattorney's fees, related to your violation of this Agreement or use of theSite.



7. Nontransferable.Your right to use the Site is not transferable. Any password or rightgiven to you to obtain information or documents is not transferable andmay only be used by you.



8. Disclaimer.THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,""AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, AREDISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THEINFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHERLIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVERFOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS ALIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSSOF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ONBREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTSOF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATIONWOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALLCREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED INTHIS AGREEMENT.



9. Limits. Allresponsibility or liability for any damages caused by viruses containedwithin the electronic file containing the form or document is disclaimed.WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIALDAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OURSITE. Our maximum liability to you under all circumstances will be equalto the purchase price you pay for any goods, services or information.



10. Use of Information.We reserve the right, and you authorize us, to the use and assignment ofall information regarding Site uses by you and all information provided byyou in any manner consistent with our Privacy Policy.



11. Third-Party Services.We allow access to or advertise third-party merchant sites("Merchants") from which you may purchase or otherwise obtaincertain goods or services. You understand that we do not operate orcontrol the products or services offered by Merchants. Merchants areresponsible for all aspects of order processing, fulfillment, billing andcustomer service. We are not a party to the transactions entered intobetween you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOURSOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIEDOR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLEFOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS ORFOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKEDTO OUR SITE.



12. Third-Party MerchantPolicies. All rules, policies (including privacy policies) andoperating procedures of Merchants will apply to you while on such sites.We are not responsible for information provided by you to Merchants. Weand the Merchants are independent contractors and neither party hasauthority to make any representations or commitments on behalf of theother.



13. Privacy Policy. Our Privacy Policy, as it may change from timeto time, is a part of this Agreement.



14. Payments. You represent and warrant that if you are purchasing something from us orfrom our Merchants that (i) any credit card information you supply istrue, correct and complete, (i) charges incurred by you will be honored byyour credit card company, and (iii) you will pay the charges incurred byyou at the posted prices, including any shipping fees and applicabletaxes.



15. Securities Laws. This Site may include statements concerning our operations, prospects,strategies, financial condition, future economic performance and demandfor our products or services, as well as our intentions, plans andobjectives, that are forward-looking statements. These statements arebased upon a number of assumptions and estimates which are subject tosignificant uncertainties, many of which are beyond our control. When usedon our Site, words like "anticipates," "expects,""believes," "estimates," "seeks," "plans,""intends" and similar expressions are intended to identifyforward-looking statements designed to fall within securities law safeharbors for forward-looking statements. The Site and the informationcontained herein does not constitute an offer or a solicitation of anoffer for sale of any securities. None of the information contained hereinis intended to be, and shall not be deemed to be, incorporated into any ofour securities-related filings or documents.



16. Links to Other WebSites. The Site contains links to other Web sites. We are notresponsible for the content, accuracy or opinions express in such Websites, and such Web sites are not investigated, monitored or checked foraccuracy or completeness by us. Inclusion of any linked Web site on ourSite does not imply approval or endorsement of the linked Web site by us.If you decide to leave our Site and access these third-party sites, you doso at your own risk.



17. Submissions. All suggestions, ideas, notes, concepts and other information you may fromtime to time send to us (collectively, "Submissions") shall bedeemed and shall remain our sole property and shall not be subject to anyobligation of confidence on our part. Without limiting the foregoing, weshall be deemed to own all known and hereafter existing rights of everykind and nature regarding the Submissions and shall be entitled tounrestricted use of the Submissions for any purpose, without compensationto the provider of the Submissions.



18. Return Policy. Return Policy



19. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLYOUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTSOBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURTOF SONOMA COUNTY , CALIFORNIA OR THE UNITEDSTATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING INADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCHCOURTS, AND ARE WAIVING ANY CLAIM THAT PETALUMA , CALIFORNIA OR THE DISTRICTOF CALIFORNIA IS ANINCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This siteis created and controlled by outdoorbalance.com, awholey owned subsidary of MMR BALANCE in the State of CALIFORNIA , USA. As such, the laws of CALIFORNIA will govern the terms and conditions contained inthis Agreement and elsewhere throughout the Site, without giving effect toany principles of conflicts of laws.



20. Lapsed Accounts: In order to keep outdoorbalance.com membership roster current, if a Member does not access his orher account for a period of 180 days or more, outdoorbalance.com may, in its sole discretion,terminate such Member's account. outdoorbalance.comwill endeavor tonotify a Member of outdoorbalance.comintent to terminate suchMember's account by notice to such Member's provided email address atleast 15 days prior to deactivation. If theMember fails to respond to such email notice with 10 days after theday it is sent by outdoorbalance.com, such Member's account will beterminated as noted above. Therefore, outdoorbalance.comstrongly recommends that all Members keep their accounts andcontact data current and in use. While outdoorbalance.com desires toprevent active accounts from being terminated prematurely, outdoorbalance.comhas no obligation to maintain accounts that appear to outdoorbalance.comto have been abandoned. Each Member agrees that failure to accesshis or her account for 180 days or more conclusively indicates that such Member's account has beenabandoned and that the account may therefore be terminated.



21. Verify Members'Address: outdoorbalance.comreserves the right to contact a Member via email to verify the accuracy ofaccount information (including the Member's correct name and address) thatis needed to provide the Member with the information he or she requestedfrom outdoorbalance.com.