Outboundly LLC Terms and Conditions Last Updated: September 16th, 2022 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING OUTBOUNDLY LLC, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUTBOUNDLY LLC. OUTBOUNDLY LLC RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR ACCESSING OR USING OUTBOUNDLY LLC SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Definitions. a. “Content” means any information, mode of expression, or other materials and services found on Outboundly LLC.
b. “Outboundly LLC” means the online platform as well as any associated applications or services provided by Outboundly LLC.
c. “Member“ or “you” or “your” means any person who accesses or uses Outboundly LLC.
d. “Membership“ refers to a Member’s access to and use of Outboundly LLC.
2. Use of Outboundly LLC. Subject to these Terms and Conditions, Outboundly LLC hereby grants you a limited, revocable, non-exclusive, non-transferable license to access and use Outboundly LLC. This license is for the sole purpose of enabling you to use Outboundly LLC as provided by Outboundly LLC, and as permitted by these Terms and Conditions. You agree not to engage in any activity that interferes with or disrupts Outboundly LLC or the servers or networks connected to Outboundly LLC. You may not use Outboundly LLC for any illegal or unauthorized purpose.
3. Content. All Content is the property of Outboundly LLC or its licensors, and is protected by copyright, trademark, and other laws. You may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Outboundly LLC, except as follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b. You may store files that are automatically cached by your Web browser for display enhancement purposes.
c. You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
d. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
e. If we provide social media features with certain content, you may take such actions as are enabled by such features.
f. You must not frame or otherwise incorporate into another website or application any of the Content from Outboundly LLC. 2. Outboundly LLC Membership. a. Terms. Your Membership will continue month-to-month until terminated by you or Outboundly LLC. To use the Outboundly LLC Ai, you must have Internet access and provide us with a current, valid, accepted method of payment, as may be updated from time to time (“Payment Method”). By starting your Outboundly LLC Membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, any other fees for additional services you may purchase, and any applicable taxes in connection with your Outboundly LLC Membership. We may also charge you up to the amount you have pre-authorized us to charge your Payment Method for subscriptions, content, and other services you may purchase as well as for any other charges, including taxes and late fees, as may be incurred by or relating to your account. As used in these Terms and Conditions, “billing” shall indicate either a charge, debit, or other payment clearance, as applicable, against your Payment Method. The membership fee will be billed at the beginning of your Membership and each month thereafter unless and until you cancel your Membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your Membership. Membership fees are fully earned upon payment. We reserve the right to change the amount of, or basis for determining, any fees or charges for the Outboundly LLC Membership, and to institute new fees, charges, or terms at any time effective upon prior notice to you. b. Free Trials. Your Outboundly LLC Membership may start with a free trial. The free trial period of your Membership lasts for [NUMBER] days, or as otherwise specified during sign-up. Free trials may be limited to one per person and one per household. We reserve the right, in our sole discretion, to determine your eligibility for a free trial. c. Cancellation. You may cancel your Outboundly LLC Membership at any time by visiting the My Account page on the website and clicking on the cancel button. If you cancel your Membership, you will enjoy Membership benefits until the end of your then-current billing period. We do not provide refunds for any partial-month Membership periods or unwatched video content. d. Changes to Membership. We may from time to time offer different Membership terms, and the terms of your Membership will be those in effect at the time you sign up for or modify your Membership. 3. Payment.
a. Authorization. By starting your Outboundly LLC Membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, any other fees for additional services you may purchase, and any applicable taxes in connection with your Outboundly LLC Membership. You also authorize us to charge you up to the amount you have pre-authorized us to charge your Payment Method for subscriptions, content, and other services you may purchase as well as for any other charges, including taxes and late fees, as may be incurred by or relating to your account.
b. Billing. The membership fee will be billed at the beginning of your Membership and each month thereafter unless and until you cancel your Membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your Membership. Membership fees are fully earned upon payment. We reserve the right to change the amount of, or basis for determining, any fees or charges for the Outboundly LLC Membership, and to institute new fees, charges, or terms at any time effective upon prior notice to you.
c. Payment Methods. To use the Outboundly LLC Membership, you must provide one or more Payment Methods. You may update your Payment Methods by visiting the My Account page on the website. We may also update your Payment Methods from time to time as may be required by financial services providers. After we have successfully charged your Payment Method, we will provide you with a receipt by email.
d. Refunds. Except for any free trial period, there are no refunds or credits for partially used Membership periods. Following any cancellation, however, you will continue to have access to your Membership benefits for the remainder of your then-current billing period. We reserve the right to give refunds, credits, or other consideration in select circumstances at our sole discretion. We’re allowing people who Pre-Order the software to refund ONLY if they do so before we launch the product, For this they must contact us at “email@example.com“.
4. Outboundly LLC Ai. The Outboundly LLC Ai is an artificial intelligence service that personalizes outreach sales scripts to your prospects. The Outboundly LLC Ai is only available to Members who subscribe to the monthly Membership.
5. Member Account.
a. Account Registration. You may register for an account on Outboundly LLC (“Account”). As part of the registration process, you will be asked to select a username and password. You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Outboundly LLC of any disclosure or unauthorized use of your username or password or any other breach of security. Outboundly LLC will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. However, you could be held liable for losses incurred by Outboundly LLC or another party due to someone else using your username or password. You may not use anyone else’s username or password at any time.
b. Member Information. You agree to provide accurate, current, and complete information about yourself as prompted by the registration form (“Registration Data”), and to maintain and update your Registration Data to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your Membership. You also agree that we may rely on your Registration Data as accurate, current, and complete. You acknowledge that you have no ownership rights in your account and that if you cancel your Membership or if your Membership is terminated for any reason, all your account information, including your Registration Data, your user ID, and any other data that we have associated with your account, may be deleted from our databases and you will no longer have access to your account.
7. User Generated Content. Outboundly LLC may provide Members with the ability to upload content to Outboundly LLC, such as comments, feedback, or other user generated content (“User Generated Content”). You retain all ownership rights in your User Generated Content, but you grant Outboundly LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Generated Content in connection with Outboundly LLC and Outboundly LLC’s business, including without limitation for promoting and redistributing part or all of Outboundly LLC in any media formats and through any media channels. You also agree that Outboundly LLC may remove, edit, or modify any User Generated Content that you have uploaded to Outboundly LLC.
8. Copyright Infringement. Outboundly LLC respects the intellectual property rights of others and expects Members to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. A physical or electronic signature of the copyright owner or the person authorized to act on their behalf;
b. Identification of the copyrighted work claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Your contact information, including your address, telephone number, and an email address;
e. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, their agent, or the law; and
f. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Outboundly LLC’s copyright agent for notice of claims of copyright infringement can be reached as follows: By mail: Copyright Agent Outboundly LLC By email: [firstname.lastname@example.org]
9. Termination. Outboundly LLC may terminate or suspend your Membership or your access to Outboundly LLC at any time, with or without cause, with or without notice, effective immediately. If Outboundly LLC terminates or suspends your Membership, you will not be entitled to a refund of any Membership fees. Upon termination or suspension, all rights and licenses granted to you in these Terms and Conditions will immediately terminate or suspend, and you will immediately cease using Outboundly LLC.
a. YOUR USE OF OUTBOUNDLY LLC IS AT YOUR SOLE RISK. OUTBOUNDLY LLC IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUTBOUNDLY LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. OUTBOUNDLY LLC MAKES NO WARRANTY THAT (i) OUTBOUNDLY LLC WILL MEET YOUR REQUIREMENTS; (ii) OUTBOUNDLY LLC WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUTBOUNDLY LLC WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUTBOUNDLY LLC WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUTBOUNDLY LLC IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUTBOUNDLY LLC OR THROUGH OR FROM OUTBOUNDLY LLC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE OUTBOUNDLY LLC MEMBERSHIP. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING OUTBOUNDLY LLC. IMMEDIATELY DISCONTINUE USE OF OUTBOUNDLY LLC AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUTBOUNDLY LLC: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
f. OUTBOUNDLY LLC RESERVES THE RIGHT TO LIMIT, IN ITS SOLE DISCRETION, THE PROVISION AND QUANTITY OF ANY ASPECT OF OUTBOUNDLY LLC TO ANY PERSON OR GEOGRAPHIC AREA. OUTBOUNDLY LLC RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY ASPECT OF OUTBOUNDLY LLC.
11. Limitation of Liability.
a. IN NO EVENT SHALL OUTBOUNDLY LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUTBOUNDLY LLC, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH OUTBOUNDLY LLC, OR OTHERWISE ARISING OUT OF THE USE OF OUTBOUNDLY LLC, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OUTBOUNDLY LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. Indemnification. You agree to defend, indemnify, and hold Outboundly LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of Outboundly LLC.
14. Termination. Outboundly LLC may terminate your access to all or any part of Outboundly LLC at any time, with or without cause, with or without notice, effective immediately. Such termination may result in the forfeiture and destruction of all information associated with your Membership. All provisions of these Terms and Conditions that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 15. Disputes.
a. Informal Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Outboundly LLC, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute by contacting you through email. If a dispute is not resolved within 15 days of submission, you or Outboundly LLC may bring a formal proceeding.
b. Binding Arbitration. If you and Outboundly LLC can’t resolve a dispute through informal resolution, you or Outboundly LLC agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms or Outboundly LLC (“Claims”) by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, or any successor to JAMS. YOU UNDERSTAND THAT ARBITRATION PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
c. Fees. If you initiate arbitration, your arbitration fees and your share of JAMS’ expenses will be limited to the lesser of (i) the amount allowed by the JAMSI’ rules, unless Outboundly LLC agrees to pay more, or (ii) $5,000. If Outboundly LLC initiates arbitration, it will pay all JAMS’ filing, administration, and arbitrator fees and expenses.
d. Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Outboundly LLC should be addressed to: Legal Department, Outboundly LLC, PO Box XX, San Francisco, CA XXXXX (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If Outboundly LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Outboundly LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Outboundly LLC or you shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
e. Location. Unless you and Outboundly LLC agree otherwise, the arbitration will be conducted in the county in which you reside or at another mutually agreed location.
f. Federal Arbitration Act. These Terms affect interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. sec. 1-16.
g. Severability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced to the maximum extent permitted by law.
h. Opt-Out. You may opt-out of this arbitration agreement. If you do so, neither you nor Outboundly LLC can require the other to participate in an arbitration proceeding. To opt-out, you must notify Outboundly LLC in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and your Outboundly LLC account information, if any, and must be sent to the Notice Address.
16. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Outboundly LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Outboundly LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
17. Entire Agreement. These Terms and Conditions constitute the entire and exclusive understanding and agreement between Outboundly LLC and you regarding Outboundly LLC, and these Terms supersede and replace any prior or contemporaneous oral or written understandings or agreements between Outboundly LLC and you regarding Outboundly LLC. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, the other provisions of these Terms will remain in full force and effect, and the invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely matches the intent of the original provision. Outboundly LLC’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
18. Contact Information. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.