OUTGROWTH PROJECT LLC
TERMS and CONDITIONS
Acceptance of the Terms and Conditions
Welcome to Outgrowth Project LLC (“We” or “Us” or “Our” or the “Company”). The Outgrowth Project LLC website features podcast episodes, show notes, transcripts, links to major podcast platforms, and membership options (hereinafter referred to as the “Services”). The terms “You,” “Your,” and “Yours” as used in these Terms and Conditions refer to the individual reading this page, and/or using the Services.
We want to keep Our relationship with You as personable and clear of legalese as possible, but please read the Terms carefully before You start using the Website. By using the Website, You accept and agree to be bound and abide by these Terms. You must agree to and accept all of the Terms and Conditions, or You don’t have the right to use Our Website.
- Changes to the Terms of Service and the Website
We reserve the right to update the Website and these Terms and Conditions periodically, at Our discretion, and with or without any additional notice to You. Your continued use of the Website following the publishing of an updated Terms and Conditions means that You accept and agree to the changes. If You do not agree to the amended Terms, You agree to immediately stop using the Website.
This Website is not for use by any minors (defined as those who are under 18 years of age), and You must not use this Website if You are a minor.
- Accessing the Website, Security, and Privacy
- Electronic Communications
Visiting www.outgrowthpodcast.com or sending emails to [email protected] constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
- Your Account
If You use this Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Outgrowth is not responsible for third party access to Your account that results from theft or misappropriation of Your account. Outgrowth and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Our sole discretion.
- Links to Third Party Websites/Third Party Services
www.outgrowthpodcast.com may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of Outgrowth and Outgrowth is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. Outgrowth is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Outgrowth of the Linked Website or any association with its operators.
Certain Services made available via www.outgrowthpodcast.com are delivered by third party websites and organizations. By using any product, service, or functionality originating from the www.outgrowthpodcast.com domain, You hereby acknowledge and consent that Outgrowth may share such information and data with any third party with whom Outgrowth has a contractual relationship to provide the requested product, service, or functionality on behalf of Outgrowth’s users and customers.
- User Conduct
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing, and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing.
Because the Website is not error or bug free, You agree that You will use it carefully and avoid using it ways which might result in any loss of Your or any third party’s property or information.
- Legal Disclaimers
Your use of www.outgrowthpodcast.com is at Your sole risk. Outgrowth has made every attempt to ensure the accuracy and reliability of the information provided on its website. However, the information is provided “as is” and “as available.” We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for damages, direct or consequential, resulting from Your use of the Website.
You agree to indemnify, defend, and hold harmless Outgrowth, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of Your use of or inability to use the Website or Services, any user postings made by You, Your violation of any Terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules, or regulations. Outgrowth reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Outgrowth in asserting any available defenses.
- Limitation of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS THE COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), THE COMPANY (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT PURCHASE MADE BY YOU, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF THE COMPANY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
- Terms and Termination
These Terms of Service will become effective in relation to You when You create a www.outgrowthpodcast.com account or when You start using www.outgrowthpodcast.com Services and will remain effective until terminated by You or Us.
You may cancel Your membership and/or account on www.outgrowthpodcast.com at any time. If Your membership lapses, You may join again under the pricing, schedule, and Terms in effect at that time. If You are subscribed to a membership, a refund will not be issued and Your membership will continue until Your year expires. We will not refund any amounts that You paid for membership plans, digital downloads, or merchandise. Refunds on events will be issued only if Outgrowth cancels the event.
We reserve the right to terminate this Agreement with You or suspend Your www.outgrowthpodcast.com account and/or membership at any time in case of unauthorized, or suspected unauthorized, use of the www.outgrowthpodcast.com Services whether in contravention of this Agreement or otherwise. If www.outgrowthpodcast.com terminates this Agreement, or suspends Your www.outgrowthpodcast.com account for any of the reasons set out in this section, www.outgrowthpodcast.com shall have no liability or responsibility to You, and We will not refund any amounts that You have previously paid.
- No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Outgrowth or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. www.outgrowthpodcast.com content is not for resale. Your use of the Website does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of Outgrowth and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of www.outgrowthpodcast.com or Our licensors except as expressly authorized by these Terms.
- Copyright or Trademark Infringement
If You are a copyright or trademark holder who believes that any of the products, Services, or content which are directly available via the www.outgrowthpodcast.com Website are infringing copies of Your work, please let Us know. Pursuant to The Digital Millennium Copyright Act of 1998, 17 United States Code 512(c) (3), a written notice of alleged copyright infringement should be sent to Outgrowth’s designated agent at the following address: Outgrowth Project LLC, 2020 N California Avenue, #224, Chicago, Illinois 60647, United States of America.
The notification should include the following: (1) a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright or trademark that is allegedly infringed; (2) specific identification of each copyrighted work or trademark claimed to have been infringed; (3) a description of where the material believed to be infringed is located on www.outgrowthpodcast.com or on the web, (please be as detailed as possible and provide a URL to help Us locate the material You are reporting); (4) contact information for the complaining party, such as a complete name, address, telephone number, and email address; (5) a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright or trademark infringement and take appropriate actions under the DMCA.
- Technology Limitations and Modifications
We will make reasonable efforts to keep the Website and its Services operational. However, certain technical difficulties or maintenance and other problems inherent in the use of the Internet and electronic communications, may periodically result in temporary interruptions. We are not responsible for any delays, failures, or other damage resulting from such problems. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions, Services, and features of the www.outgrowthpodcast.com Website with or without notice.
We may assign, transfer, and subcontract Our rights and/or obligations under these Terms without any notification or consent required. However, You may not assign, transfer, or subcontract any of Your rights and/obligations under these Terms.
- Entire Agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, under any applicable law, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and such provision shall be deleted without affecting the remaining provisions herein.
- Choice of Law and Jurisdiction,
You agree that the laws of the State of Illinois, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement. The Company and You both agree that all of these claims can only be litigated in the federal or state courts of Cook County, Illinois, USA, and We each agree to personal jurisdiction in those courts. If You do not agree to this clause, You are asked NOT to use www.outgrowthpodcast.com.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator, and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
- Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and Outgrowth agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- International Users
The Service is controlled, operated, and administered by Outgrowth from Our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Outgrowth Content accessed through www.outgrowthpodcast.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
- English Version Prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
- How to Contact Us
Outgrowth Project LLC, the owner of the Website, is an Illinois Limited Liability Company with its registered agent at: Outgrowth Project LLC, 2020 N California Avenue, #224, Chicago, Illinois 60647 United States of America. We may be contacted at [email protected].