Please read these Terms of Service ("Terms", "Terms of Service, "TOS") carefully before using the https://www.outbot.com website and services operated by OutBot LLC ("us", "we", or "our"). Your access to and use of the OutBot website and services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, subscribers and others who access or use the OutBot website and services.
By visiting, accessing, subscribing or using the OutBot website and service you agree to be bound by these Terms. If you disagree with these Terms or any portions of these Terms, you are prohibited from and may not use the OutBot website or service.1. Intellectual PropertyOutBot LLC has invested a significant amount of capital, resources, time and effort to develop the OutBot website and service.
By visiting, accessing, subscribing or using the OutBot website and service, you agree not to engage in any of the following activities:
- Copy, duplicate, emulate, replicate, reproduce, mimic or create derivative works in whole or part based on the OutBot website and service.
- Develop any software, website, or service that is substantially similar to the OutBot website or service in whole or part, whether developed by you, another company, 3rd party or proxy on your behalf.
- Reverse engineer, decompile, or disassemble any software used in connection with the OutBot website or service.
Any violation of these terms may result in legal action against you and the business entity that would or is benefiting by your actions.
2. CopyrightBy using the OutBot website and services, you agree to respect copyright law and not use any copyrighted material without permission. All content on the OutBot website and service, including text, images, and unique processes, are owned by OutBot LLC and cannot be used without written permission. OutBot LLC respects the copyright and trademarks of other businesses, including their unique logos, trademarks, and other processes, and does not use any copyrighted or trademarked material from other businesses intentionally without their permission.
3. ModificationYou understand and acknowledge that OutBot may alter, modify, change or amend these Terms of Service at any time. The updated Terms will become effective upon being publicly posted on the OutBot website. We advise that you review these Terms occasionally and take note of any changes. Your continued use of the OutBot website or service conveys your acceptance of the amended Terms in their entirety.
4. DisclaimerIf you choose to use the OutBot Service, you do so voluntarily and at your sole risk. The OutBot Service is provided "as is", without warranty of any kind, either express or implied. Furthermore, OutBot does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website. You agree that you have had whatever opportunity you deem necessary to investigate the OutBot Services, laws, rules, or regulations that may be applicable to your use of Services you are receiving and that you are not relying upon any statement of law or fact made by OutBot.
5. LiabilityYou acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the OutBot Service remains with you. Neither OutBot nor any other party involved in creating, producing, or delivering the OutBot Service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services out of or in connection with these Terms or from the use of or inability to use the OutBot Service. The limitations of damages set forth above are fundamental elements of the basis of the bargain between OutBot and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
6. IndemnificationTo the maximum extent permitted by applicable law, you agree to release, indemnify and hold OutBot and its affiliates and subsidiaries, including but not limited to their owners, family, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your breach of these Terms, your improper use of the OutBot Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such use or your breach of any laws, regulations or third party rights.
7. TerminationWe may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Users with Premium accounts will receive a prorated refund if service is terminated except for users who violate this agreement. You agree that any prorated refund is the only monetary compensation you are due and waiver any other claims present or future. You acknowledge and agree that OutBot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Termination of service for any cause. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Arbitration AgreementYou and OutBot mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the OutBot Service will be settled by binding individual arbitration. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and OutBot agree that the arbitrator will decide the issue.
9. Applicable Law and JurisdictionThese Terms will be interpreted in accordance with the laws of the State of Minnesota and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings that are excluded from the Arbitration Agreement must be brought in state or federal court in Minneapolis, Minnesota, United States of America unless both agree to another location. You and OutBot both consent to venue and personal jurisdiction in Minneapolis, Minnesota, United States of America.
10. Revisions and ErrataThe materials appearing on OutBots Website may include technical, typographical, or photographic errors. OutBot will not promise that any of the materials in this Website are accurate, complete, or current. OutBot may change the materials contained on its Website at any time without notice. OutBot does not make any commitment to update the materials.
11. LinksOur Service may contain links to third-party web sites or services that are not owned or controlled by OutBot. OutBot assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. OutBot has not reviewed all the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by OutBot of the site. The use of any linked website is at the users own risk. You further acknowledge and agree that OutBot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.