Access to the site
Subject to these Terms. Company grants you a non-transferable, non-exclusive,
revocable, limited license to access the Site solely for your own personal,
noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the
following restrictions: (a) you shall not sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit the Site; (b) you shall not
change, make derivative works of, disassemble, reverse compile or reverse engineer
any part of the Site; (c) you shall not access the Site in order to build a similar
or competitive website; and (d) except as expressly stated herein, no part of the
Site may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means unless otherwise indicated, any
future release, update, or other addition to functionality of the Site shall be
subject to these Terms. All copyright and other proprietary notices on the Site must
be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without
notice to you. You approved that Company will not be held liable to you or any
third-party for any change, interruption, or termination of the Site or any
part.
Excluding any User Content that you may provide, you are aware that all the
intellectual property rights, including copyrights, patents, trademarks, and trade
secrets, in the Site and its content are owned by Company or Company's suppliers.
Note that these Terms and access to the Site do not give you any rights, title or
interest in or to any intellectual property rights, except for the limited access
rights expressed in Section 2.1. Company and its suppliers reserve all rights not
granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and
services, and/or display advertisements for third-parties. Such Third-Party Links &
Ads are not under the control of Company, and Company is not responsible for any
Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads
only as a convenience to you, and does not review, approve, monitor, endorse,
warrant, or make any representations with respect to Third-Party Links & Ads. You
use all Third-Party Links & Ads at your own risk, and should apply a suitable level
of caution and discretion in doing so. When you click on any of the Third-Party
Links & Ads, the applicable third party's terms and policies apply, including the
third party's privacy and data gathering practices.
Other Users. Each Site 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. You
agree that Company 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 Site
user, we are under no obligation to become involved.
You hereby release and forever discharge the Company 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, that has
arisen or arises directly or indirectly out of, or that relates directly or
indirectly to, the Site. If you are a California resident, you hereby waive
California civil code section 1542 in connection with the foregoing, which states:
"a general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
debtor."
Cookies and Web Beacons. Like any other website, Outliant uses ‘cookies'. These
cookies are used to store information including visitors' preferences, and the pages
on the website that the visitor accessed or visited. The information is used to
optimize the users' experience by customizing our web page content based on
visitors' browser type and/or other information.
Disclaimers
The site is provided on an "as-is" and "as available" basis, and company and our
suppliers expressly disclaim 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. We and our suppliers make not guarantee that the site 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 site, all such warranties are limited in duration to ninety (90) days
from the date of first use.
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.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers
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 these terms or
your use of, or incapability to use the site even if company has been advised of the
possibility of such damages. Access to and use of the site is at your own
discretion and risk, and you will be solely responsible for any damage to your
device or computer system, or loss of data resulting therefrom.
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
this agreement, will at all times be limited to a maximum of fifty U.S. dollars
(u.s. $50). 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 this agreement.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.
Term and Termination. Subject to this Section, these Terms will remain in full force
and effect while you use the Site. We may suspend or terminate your rights to use
the Site at any time for any reason at our sole discretion, including for any use of
the Site in violation of these Terms. Upon termination of your rights under these
Terms, your Account and right to access and use the Site will terminate immediately.
You understand that any termination of your Account may involve deletion of your
User Content associated with your Account from our live databases. Company will not
have any liability whatsoever to you for any termination of your rights under these
Terms. Even after your rights under these Terms are terminated, the following
provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3
and Sections 4 through 10.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Outliant. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Outliant website.
Copyright Policy
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, 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
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- identification of the material on our services that you claim is infringing and that you request us to remove;
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact 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.
General
These 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 and/or by prominently posting notice of the changes on our Site. 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 our dispatch of
the e-mail containing such notice will nonetheless constitute effective notice of
the changes described in the notice. Any changes to these Terms will be effective
upon the earliest of thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of notice of the
changes on our Site. These changes will be effective immediately for new users of
our Site. Continued use of our Site following notice of such changes shall indicate
your acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes. Dispute Resolution. Please read this Arbitration
Agreement carefully. It is part of your contract with Company and affects your
rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION
WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with
the Terms or the use of any product or service provided by the Company that cannot
be resolved informally or in small claims court shall be resolved by binding
arbitration on an individual basis under the terms of this Arbitration Agreement.
Unless otherwise agreed to, all arbitration proceedings shall be held in English.
This Arbitration Agreement applies to you and the Company, and to any subsidiaries,
affiliates, agents, employees, predecessors in interest, successors, and assigns, as
well as all authorized or unauthorized users or beneficiaries of services or goods
provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek
arbitration, the party must first send to the other party a written Notice of
Dispute describing the nature and basis of the claim or dispute, and the requested
relief. A Notice to the Company should be sent to: 251 Little Falls Dr. After the
Notice is received, you and the Company may attempt to resolve the claim or dispute
informally. If you and the Company do not resolve the claim or dispute within thirty
(30) days after the Notice is received, either party may begin an arbitration
proceeding. The amount of any settlement offer made by any party may not be
disclosed to the arbitrator until after the arbitrator has determined the amount of
the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration
Association, an established alternative dispute resolution provider that offers
arbitration as set forth in this section. If AAA is not available to arbitrate, the
parties shall agree to select an alternative ADR Provider. The rules of the ADR
Provider shall govern all aspects of the arbitration except to the extent such rules
are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the
arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall be conducted by a single, neutral arbitrator. Any claims or
disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based
arbitration, at the option of the party seeking relief. For claims or disputes where
the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or
more, the right to a hearing will be determined by the Arbitration Rules. Any
hearing will be held in a location within 100 miles of your residence, unless you
reside outside of the United States, and unless the parties agree otherwise. If you
reside outside of the U.S., the arbitrator shall give the parties reasonable notice
of the date, time and place of any oral hearings. Any judgment on the award rendered
by the arbitrator may be entered in any court of competent jurisdiction. If the
arbitrator grants you an award that is greater than the last settlement offer that
the Company made to you prior to the initiation of arbitration, the Company will pay
you the greater of the award or $2,500.00. Each party shall bear its own costs and
disbursements arising out of the arbitration and shall pay an equal share of the
fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based
arbitration is elected, the arbitration shall be conducted by telephone, online
and/or based solely on written submissions; the specific manner shall be chosen by
the party initiating the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the
parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must
be initiated and/or demanded within the statute of limitations and within any
deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the
rights and liabilities of you and the Company, and the dispute will not be
consolidated with any other matters or joined with any other cases or parties. The
arbitrator shall have the authority to grant motions dispositive of all or part of
any claim. The arbitrator shall have the authority to award monetary damages, and to
grant any non-monetary remedy or relief available to an individual under applicable
law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and
statement of decision describing the essential findings and conclusions on which the
award is based. 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 the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY
RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead
electing that all claims and disputes shall be resolved by arbitration under this
Arbitration Agreement. Arbitration procedures are typically more limited, more
efficient and less expensive than rules applicable in a court and are subject to
very limited review by a court. In the event any litigation should arise between you
and the Company in any state or federal court in a suit to vacate or enforce an
arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY
TRIAL, instead electing that the dispute be resolved by a judge
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of
this arbitration agreement must be arbitrated or litigated on an individual basis
and not on a class basis, and claims of more than one customer or user cannot be
arbitrated or litigated jointly or consolidated with those of any other customer or
user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly
confidential. The parties agree to maintain confidentiality unless otherwise
required by law. This paragraph shall not prevent a party from submitting to a court
of law any information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the
law to be invalid or unenforceable by a court of competent jurisdiction, then such
specific part or parts shall be of no force and effect and shall be severed and the
remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this
Arbitration Agreement may be waived by the party against whom the claim is asserted.
Such waiver shall not waive or affect any other portion of this Arbitration
Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of
your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring
an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency
equitable relief before a state or federal court in order to maintain the status quo
pending arbitration. A request for interim measures shall not be deemed a waiver of
any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of
defamation, violation of the Computer Fraud and Abuse Act, and infringement or
misappropriation of the other party's patent, copyright, trademark or trade secrets
shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties
to litigate in court, the parties hereby agree to submit to the personal
jurisdiction of the courts located within us County, California, for such
purposes.
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, re-export, or
transfer, directly or indirectly, any U.S. technical data acquired from Company, or
any products utilizing such data, in violation of the United States export laws or
regulations.
Company is located at the address in Section 10.8. 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 400 R Street, Sacramento, CA 95814, or by telephone at (800)
952-5210.
Electronic Communications. The communications between you and Company use electronic
means, whether you use the Site or send us emails, or whether Company posts notices
on the Site or communicates with you via email. For contractual purposes, you (a)
consent to receive communications from Company in an electronic form; and (b) agree
that all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any legal
obligation that such communications would satisfy if it were be in a hard copy
writing.
Entire Terms. These Terms constitute the entire agreement between you and us
regarding the use of the Site. Our failure to exercise or enforce any right or
provision of these Terms shall not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or
contractual effect. The word "including" means "including without limitation". If
any provision of these Terms is held to be invalid or unenforceable, the other
provisions of these 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. Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the other. These Terms, and
your rights and obligations herein, may not be assigned, subcontracted, delegated,
or otherwise transferred by you without Company's prior written consent, and any
attempted assignment, subcontract, delegation, or transfer in violation of the
foregoing will be null and void. Company may freely assign these Terms. The terms
and conditions set forth in these Terms shall be binding upon assignees.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks,
logos and service marks displayed on the Site are our 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.
Contact Information
Address: Dhaka, Bangladesh