Out Not Down has developed this website (the “Site”) for your professional information, education, and communication.
By visiting and using the Site, you are accepting, without limitation or qualification, the terms and conditions (“Terms & Conditions”) described below.
Please read these Terms & Conditions carefully before using the Site. By using the Site, you are acknowledging that you have read, understood, and agree to be bound by the Terms & Conditions described below as if you had signed them. If you are not willing to be bound by these Terms & Conditions, you may not visit the Site.
We may change these Terms & Conditions at any time, and such changes shall be deemed effective immediately upon posting on the Site. If you continue to use the Site after we post a change you shall be deemed to have accepted the changes to the Terms & Conditions. We recommend that you read these Terms & Conditions each time you visit the Site so that you are aware of any changes.
USE OF SITE
You may freely browse and download material from the Site. You may not distribute, modify, transmit, reuse, repost, or use any materials you download for public or commercial purposes without our express written permission. You must preserve and retain all copyright and other proprietary notices contained in downloaded materials. Unless otherwise noted, all contents of the Site are the copyrighted work of Out Not Down and/or that of our affiliated companies.
Images of people or places displayed on the Site are either the property of Out Not Down or are being used with permission from the owner. You are strictly prohibited from using these images. We will pursue unauthorized use of the images as a violation of applicable copyright, trademark, privacy, and/or publicity laws, as well as communications regulations and statutes.
LIMITATIONS OF ACCESS
Except as expressly permitted by Out Not Down, access or attempts to access other parts of our computer system or other information contained on our computer system is strictly prohibited. You agree that you will not use any robot, spider, or other automatic or manual process or device to “screen scrape,” monitor, mine, access, or copy web pages on the Site or the content contained on those web pages. You will not send any unsolicited commercial email (ie, “spam”) to any other user of the Site for any reason. You agree that you will not use any devices or software to interfere, or attempt to interfere, with the proper function of the Site. You agree that you will not take any actions that would impose an unreasonable or disproportionately large load on Out Not Down’s information infrastructure. You may not use framing techniques to enclose any Out Not Down trademark, logo, trade name, or other proprietary information, including images, frames, content, or layout/design found on any page of the Site without the express written consent of Out Not Down.
TIMELINESS OF INFORMATION
Out Not Down uses reasonable efforts to include accurate and up-to-date information on the Site. However, we present the information AS IS, without any warranty or representation as to its accuracy, timeliness, or correctness. Out Not Down ASSUMES NO LIABILITY OR RESPONSIBILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS, OR COMPLETENESS OF ANY INFORMATION ON THIS SITE.
Your use of the Site is at your own risk. In no event shall Out Not Down or any other person involved in creating, producing, or delivering the Site be liable for any damages (including, without limitation, direct, incidental, consequential, indirect, or punitive damages, or damages resulting from lost profits, lost data, or business interruption) arising out of your access to or use of or inability to access or use the Site. This includes damages from viruses or other mechanisms that may infect your computer equipment. Out Not Down does not guarantee or warrant that files available for download from the Site will be free of infection from viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Without limiting the foregoing, everything on the Site is provided to you AS IS without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
You agree to indemnify, defend, and hold harmless Out Not Down, its officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (a) your use of this Site, (b) any violation by you of these Terms & Conditions, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered trademarks of Out Not Down and others. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Out Not Down and may not be copied, in whole or in part, without the prior written permission of Out Not Down. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Out Not Down or the trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of Out Not Down or the Trademark owner. Your use of the Trademarks on the Site and in its contents, in any way other than as provided in these Terms & Conditions, is strictly prohibited. You are advised that Out Not Down will aggressively enforce its intellectual property rights in the Site and its contents to the fullest extent of the law, including by seeking criminal sanctions.
Out Not Down grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts, and other content (the “Proprietary Content”) on the Site solely for your personal, noncommercial use. Out Not Down may revoke this privilege at any time with or without notice for any reason or no reason. Any and all Proprietary Content, software, and other works on the Site and any reproductions of any of the foregoing (collectively, “Works”) are the copyrighted works of Out Not Down and/or its suppliers and are protected under United States and worldwide copyright laws and treaty provisions. Except for the limited grant of access to, and viewing of, the Proprietary Content described above, Out Not Down grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of Out Not Down is strictly prohibited.
The content on the Out Not Down site is for informational purposes only, and no information is intended to be a substitute for professional medical or wellness advice, diagnosis and/or treatment. Out Not Down reserves the right to alter or delete material from the Site at any time.
Certain links on the Site lead to resources located on servers that are not maintained by Out Not Down and not under our control. We provide such links merely for the convenience of Site users. Out Not Down is not responsible for the content of any such referenced or linked websites or for the availability of access to such websites. Inclusion on the Site of any link to another website or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by Out Not Down. Access to other sites linked to this Site is at your own risk, and we disclaim all liability with regard to your access to such linked sites.
VOID WHERE PROHIBITED
Although the information on the Site is accessible worldwide, not all products or services discussed on the Site are available to all persons or in all geographic locations or jurisdictions. Out Not Down reserves the right to limit provision of products or services to any person, geographic region, or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made in the materials on this Site is void where prohibited.
These Terms & Conditions constitute the entire agreement between you and Out Not Down and supersede any and all other agreements, representations, and understandings, whether written or oral. These Terms & Conditions may not be modified or amended by you without the prior written consent of Out Not Down. If any clause or provision set forth in these Terms & Conditions is determined to be illegal, invalid, or unenforceable under present or future law, then you understand and agree that the clause or provision so determined to be illegal, invalid, or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms & Conditions and your use of the Site and any products and services provided by the Site shall be governed by the laws of the United States of America and the State of Delaware without regard to its conflicts of laws principles. The headings used in these Terms & Conditions are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms & Conditions. If you have questions or need technical assistance, please contact Out Not Down.