Terms of Service
The following terms and conditions govern all use of the outco.co website and all content, services, and products available at or through the website, including, but not limited to, Outco Online (“Outco Online"), Outco Onsite (“Outco Onsite"), Outcollab (“Outcollab”), and Outcode (“Outcode"), (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Outco’s Privacy Policy) and procedures that may be published from time to time by Outco Inc. (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your our agreement is with Outco Inc (each, “Outco" or "we"). Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Outco, acceptance is expressly limited to these terms. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. Outco.co.
Your Outco.co Account and Website. If you register for an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Outco of any unauthorized uses of your account, or any other breaches of security. Outco will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you post a comment on Outco.co, post solution code to Outco.co, post links on Outco.co, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. You give other Outco users permission to view and comment on that Content on Outco.co. If you delete Content, Outco will use reasonable efforts to remove it from Outco.co but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Outco has the right (though not the obligation) to, in Outco's sole discretion, (i) refuse or remove any content that, in Outco's reasonable opinion, violates any Outco policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Outco.co to any individual or entity for any reason. Outco will have no obligation to provide a refund of any amounts previously paid.
Restricted Use. You may not use Outco.co to substantially replicate products or services offered by Outco, including the republication of Outco.co content. If Outco believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Outco.co may be temporarily or permanently revoked, with or without notice.
Payment. Paid services such as online courses, access to online content, or onsite courses are available (any such services, a “Services"). By selecting a Services you agree to pay Outco the full cost or subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Service and will cover the use of that service for a period as indicated.
2. Intellectual Property.
This Outco does not transfer from Outco to you any Outco or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Outco. Outco, Outco.co the Outco logo, and all other trademarks, service marks, graphics and logos used in connection with Outco.co or our Services, are trademarks or registered trademarks of Outco. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Outco or third-party trademarks.
3. Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
4. Termination.
Outco may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Outco.co account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
5. Disclaimer of Warranties.
Our Services are provided "as is." Outco and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Outco does not make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
6. Limitation of Liability.
In no event will Outco, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Outco under this agreement during the twelve (12) month period prior to the cause of action. Outco shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
7. General Representation and Warranty.
You represent and warrant that (i) your use of our Services will be in strict accordance with the Outco Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
8. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Outco reserve the right to terminate accounts or access of those in the event of a breach of this condition.
9. Indemnification.
You agree to indemnify and hold harmless Outco, its contractors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
10. Miscellaneous.
This Agreement constitutes the entire agreement between Outco and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Outco, or by the posting by Outco of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Outco may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.