Thanks for visiting www.outsizedopinions.com, and any associated mobile apps, and interactive services (collectively, the “Site”) which is owned by Outsized Insights, Inc. (“we”, us”, or “Outsized Opinions”).
PLEASE READ THIS PAGE CAREFULLY AS THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THIS SITE. BY ACCESSING OR USING THIS SITE YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS SITE.
We may periodically change these Terms, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. These terms of use contain provisions that limit our liability to you.
ACCEPTABLE USE
Access to and use of the Site is subject to these Terms, and is limited to your personal, non-commercial use. Any use of the Site in violation of these Terms is strictly prohibited. The Site is not directed toward, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITE. If you are between the ages of 13 and 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In no event may the Site be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, misleading, inaccurate, or deceptive; (c) provides sensitive personal information unless specifically requested by Outsized Opinions, (d) includes spam or any unsolicited advertising; (e) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Outsized Opinions or the content contained on the Site; (f) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (g) attempts to gain unauthorized access to Outsized Opinions’ computer network or user accounts; (h) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (i) violates these Terms; (j) attempts to damage, disable, overburden, or impair Outsized Opinions’ servers or networks; (k) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (l) fails to comply with applicable third party terms (collectively “Acceptable Use”). We reserve the right, in our sole discretion, to terminate any user’s participation in or use of the Site, remove content, or assert legal action with respect to content or use of the Site, that we reasonably believe is or might be in violation of these Terms. Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
INTELLECTUAL PROPERTY RIGHTS
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties (whether registered or unregistered) owned by Outsized Opinions or by other parties that have licensed their material to us or where such use is fair use. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without our express written consent. All rights not expressly granted are reserved.
In addition, portions of the Site may allow you to upload, submit, or post content, materials, comments, and/or other user generated information, including by electronic mail or otherwise, including, without limitation, any data, questions, comments, responses, suggestions or other similar information, communication, or material, on or through the Site (collectively, “Submitted Content”). By using, uploading, posting, or submitting Submitted Content to the Site or otherwise to Outsized Opinions, you hereby grant to Outsized Opinions a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and otherwise use, modify, or distribute your Submitted Content in any manner, without compensation or notice. If you submit Submitted Content, the Submitted Content may become publicly available and may be shared with third parties including, without limitation, Outsized Opinion's clients, clients of Outsized Opinion's clients, and third-party service providers. Submitted Content should only include audio, video, images, or the likeness of the individual submitting the Submitted Content and should not contain copyrighted or trademarked content or material of any third party. Submitted Content should not include audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for any Submitted Content. You are solely responsible for all third-party approvals, consents, and/or authorizations required for Submitted Content. Outsized Opinions does not and cannot review all Submitted Content and Outsized Opinions is not responsible for the Submitted Content. Outsized Opinions reserves the right to delete, move, or edit Submitted Content, that is, in Outsized Opinion's sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene, or otherwise unacceptable.
DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices should be sent to:
Outsized Insights, Inc.
Attn: Copyright Infringement
145 S. Glenoaks Blvd, Suite 5A
Burbank, CA 91502
LINKS TO THIRD PARTY WEBSITES
This Site may provide links to websites operated by third parties. We do not control, endorse, or adopt any information, product, service, promotion, offering, or other content or materials included in such linked websites, including that the inclusion of any link does not imply affiliation, endorsement, or adoption by Outsized Opinions of any website, or any information contained therein, and we can make no guarantee as to its accuracy or completeness. You acknowledge and agree that in no event may Outsized Opinions be held responsible or liable for the actions, product, and content of any such websites. Before you use any linked website, you should review such website’s applicable conditions of use and policies. The inclusion of a link in this Site does not imply our endorsement of a linked website. If you decide to access a linked website, you do so at your own risk.
COMMUNICATION CHANNELS
The Site may include communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other users. Outsized Opinions has no obligation to monitor these communication channels, but it may do so in its sole discretion and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole and absolute discretion. Outsized Opinions may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Outsized Opinions, and these communications should not be considered reviewed or approved by Outsized Opinions. In no event may Outsized Opinions be liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels.
INDEMNITY
You agree to defend, indemnify, and hold harmless Outsized Opinions, and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors (“Outsized Opinions Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims”) that arise from or relate to your use or misuse of the Site, violation of these Terms, violation of any rights of a third party, or your conduct in connection with the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ALL SITE INFORMATION AND SERVICES ARE POROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, OUTSIZED OPINIONS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITE IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, OR YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
Nothing in these Terms will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
NO LIABILITY
OUTSIZED OPINIONS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. OUTSIZED OPINIONS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF OUTSIZED OPINIONS IS NEGLIGENT OR IF OUTSIZED OPINIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL OUTSIZED OPINIONS BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. OUTSIZED OPINIONS 'S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
ARBITRATION
Please read this section carefully as it affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.
For all disputes, you must first send a written description of your claim to us via certified mail sent to 145 S. Glenoaks Blvd, Suite 5A, Burbank, CA 91502, Attention: President, to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
If such dispute is not resolved within such time, you agree that any and all disputes arising out of the use of this Site or these Terms shall be resolved by binding arbitration conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. Such arbitration to be held in the County of Los Angeles, California before one (1) arbitrator. Any judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
WAIVER OF CLASS ACTIONS AND JURY TRIALS
Please read this section carefully as it affects rights that you may otherwise have. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
GENERAL TERMS
Our failure at any time to require performance of any provision of these or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Any provision of these Terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid, or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision(s). We reserve the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Outsized Opinions will not be liable for any modification, suspension or discontinuance of the Site or any part thereof. Except with respect to principles of conflicts of laws, any dispute arising from these Terms or from any other use of this Site shall be resolved in accordance with the laws of the State of California. The exclusive venue for any claim, action, lawsuit, or other proceeding arising out of or relating to these Terms shall County of Los Angeles in the State of California. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys', experts’, and witness fees, regardless of which party prevails in the arbitration. These Terms, together with our PRIVACY POLICY and any additional terms contained on the Site, contain the entire understanding and agreement between you and us with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic between you and us with respect to this Site.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please call us at (866) 371-1711 or send a letter to us with “California Resident Request” as the Subject Line at mailing address 145 S. Glenoaks Blvd, Suite 5A, Burbank, CA 91502, or email support@outsizedopinions.com . You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
For information about your rights under the California Consumer Privacy Act, please see the “Your California Privacy Rights” section of our PRIVACY POLICY.
CONTACT US
Please feel free to CONTACT US with any comments, questions, or suggestions you might have regarding the information described in the Site.
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