TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.
By accessing the website at http://www.standingoutonline.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using our Website after we post any changes to these Terms & Conditions, You agree to accept those changes, whether or not You have reviewed them.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites, which are owned or operated by Standing Out Online, LLC or www.standingoutonline.com and any of our affiliates (collectively, "we," "us," or "our"), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our "Website"). For purposes of these Terms & Conditions, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with Standing Out Online, LLC or Standing Out Online.com.
3. Terms & Conditions - In General
By using this Website, You agree to be legally bound and to abide by these Terms & Conditions, just as if You had signed this Agreement. If You do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion, without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If You do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, You agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, You agree that we shall not be liable to You or any third-party for any termination or cancellation of your access to, or use of, our Websites.
4. Restrictions on Use of Materials
Unless otherwise specified, we grant You a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that You comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
Permission is granted to temporarily download one copy of the materials (information or software) on Standing Out Online, LLC's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. Modify or copy the materials
2. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
3. Attempt to decompile or reverse engineer any software contained on Standing Out Online, LLC's website.
4. Remove any copyright or other proprietary notations from the materials.
5. Transfer the materials to another person or "mirror" the materials on any other server.
All trademarks appearing on this Website are trademarks/trade-names of their respective owners. Standing Out Online is the trademark of Standing Out Online, LLC. Any commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, You do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless You receive our prior written consent.
5. Website Use
Company Websites may contain email services, bulletin board services, chat areas, news groups, blogs, forums, communities, photo galleries, video recordings, audio recordings and/or other online message or communication tools that are designed to enable You to communicate with others (collectively, "Web Services"). However, Company reserves the right to review content posted to the Website and to remove any content at Company’s sole discretion. Company reserves the right to terminate Your access to any or all of the Web Services at any time, without notice, for any reason whatsoever.
Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or content, in whole or in part, at Company sole discretion.
Company Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Company Services are not available to minors under the age of eighteen (18) (unless registered by a parent or legal guardian or adult over the age of 18). You hereby authorize the Company to verify your representations and warranties herein, and You acknowledge the Company reserves the right, but not the obligation, to verify such representations and warranties.
8. Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), You understand that by using this Website, You may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
Except as may otherwise be provided in all of our Community Area communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Community Area) for adherence to the community standards and conduct guidelines set forth above or for any other purpose.
9. Other Restrictions on Your Use of Company Website
While using Company Website You agree not to:
Access, or attempt to access, areas or features of Company Website for which You do not have the proper authorization;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
Link one Company Website to another without consent of the Author of that Company Website;
Restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Website;
Use the Website for any unlawful purpose;
Express or imply that any statements You make are endorsed by the Company, without Company prior written consent;
Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Company or any third party's intellectual property or other rights; (b) any material, non-public information about Company without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
Remove any copyright, trademark, or other proprietary rights notices contained in the Website;
"Frame" or "mirror" any part of the Website without Company prior written authorization;
Use any robot, spider, Website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
Harvest or collect information about Website visitors or members without their express consent;
Create more than one profile without Company express written consent;
Permit anyone else whose account or subscription was terminated, or who is not a Company paid or trial subscriber, to use the Website through your subscription, username or password;
Engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes without the prior written permission from the Company; modify or copy the materials;
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
Attempt to decompile or reverse engineer any software contained on Standing Out Online, LLC's website;
Remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or "mirror" the materials on any other server.
You may not use Company Services:
• In a manner that violates any national, state, local or international law, rule or regulation;
• For criminal or illegal activity or to provide instructional information about illegal activities;
• In a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support Company Services;
• In a manner that Company determine, in Company sole discretion, restricts or inhibits any other user from using or enjoying Company Services.
10. Limitations on Use
You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Website without Company express written consent. Company does not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Website or its contents will terminate the limited license granted by Company.
NOTWITHSTANDING THE FOREGOING, COMPANY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE WEBSITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD COMPANY HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS WEBSITE.
Company will not be held responsible and expressly disclaim any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website. By using this Website or the Services, You do hereby represent, understand, and expressly agree to hold Company harmless for any claim or controversy that may arise from any disputes between You or the Company. By using this Website, You do hereby agree to report any alleged improprieties of any users therein to Company immediately by notifying Company of the same via electronic correspondence.
Company makes no warranty or representations that: (a) the Website will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the Website will be corrected.
12. Links to External Sites Links
Any links from the Website to external sites (including external sites that are framed by Company or inclusion of advertisements) do not constitute an endorsement by Company of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience.
13. Copyright and Trademark Notice
All content on Company Website is protected by copyright. You may only use the information, text or graphics contained in this Website for your personal use and may not reproduce, adapt or publish it, in whole or in part, for any purpose without the express written consent of the Company.
14. Intellectual Property Rights
Except as expressly authorized by Company or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means.
"Company Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Company use in connection with Company products and services. You may not remove or alter any Company Trademarks, or co-brand your own products or material with Company Trademarks, without the Company written consent. You acknowledge the Company rights in Company Trademarks and agree that any use of Company Trademarks by You shall inure to the Company sole benefit. You agree not to incorporate any of the Company Trademarks into your trademarks, service marks, Company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Company on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this document.
COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE AND COMPANY NEITHER ADOPT NOR ENDORSE NOR ARE COMPANY RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES ARE THE COMPANY RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THIS WEBSITE OR TRANSMITTED TO MEMBERS.
15. Password and User Security
If You are a registered user of this Website, You are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities that occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to You.
16. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE 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 PRODUCT, OFFERING, CONTENT OR MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
16. Disclaimer of Warranty; Limitations
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE WEBSITE, THE WEB SERVICES, THE SERVICES OR ANY PORTION THEREOF, EVEN IF COMPANY OR COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE OF THE WEBSITE, THE WEB SERVICES, THE SERVICES OR ANY PORTION THEREOF YOU ASSUME ANY AND ALL COSTS ASSOCIATE WITH SUCH USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER COMPANY, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE CONTENT, THE WEBSITE, THE WEB SERVICES, OR SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD THE COMPANY OR COMPANY EMPLOYEES, AGENTS LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE WEBSITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.
NEITHER STANDING OUT ONLINE, LLC OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
UNDER NO CIRCUMSTANCES ARE THE COMPANY, THEIR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT.
17. Limitation of Liability
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY, THEIR SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND THE COMPANY RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
18. LinkedIn Disclaimer
Neither Standing Out Online, LLC or Kate Paine have any affiliation, association or direct relationship with LinkedIn Corporation nor does LinkedIn Corporation endorse the services of Standing Out Online, LLC, or Kate Paine nor does LinkedIn Corporation have any affiliation, association or direct relationship with Standing Out Online, LLC, and Kate Paine.
You agree to indemnify, hold harmless and, at our option, defend Standing Out Online, LLC and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
You consent to cooperate with any and all claims as the Company and their Affiliates, at your expense, reserves the right to assume exclusive defense and control of any matter in which you are required to indemnify Company. Company will make reasonable efforts to make you aware of any claim, action, or proceeding. You may not settle any matter without written consent of the Company.
20. Governing Law and Choice of Forum
You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the state or country in which You reside should determine that the provisions of this paragraph are not enforceable, then You agree to submit to binding arbitration.
21. Statute of Limitations
22. Miscellaneous Terms
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms & Conditions are the entire agreement between You and us relating to the subject matter herein. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement of both parties. Each time You access this Website, You will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions.
These Terms & Conditions will inure to the benefit of our successors, assigns and licensees.
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Last modified as of December, 2016.