Terms of Service
Last Modified: 10.30.24
These TERMS OF USE are entered into by and between you and Outies, LLC
("Company," "we," or "us").
The following terms and conditions, together with any documents they expressly incorporate by reference
(collectively, "Terms of Use"), govern your access to and use of Outiesapp.com including
any content, functionality, platform, and/or services offered on or through it (collectively, the
"Platform"), whether as a guest or a registered user. These Terms of Use works in conjunction with
Company's Privacy Policy, each of which is expressly incorporated by reference.
Please read the Terms of Use carefully before you start to use the Platform.
1. ACCEPTANCE OF THE TERMS OF USE
This Platform is offered and available to users who 18 years of age or older and reside in the United
States or any of its territories or possessions By using this Platform, you represent and warrant that you
are of legal age to form a binding contract with the Company and meet all the foregoing eligibility
requirements. If you do not meet all these requirements, you must not access or use the Platform.
BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR
PRIVACY POLICY AND MOBILE APPLICATION END USER LICENSE AGREEMENT, EACH INCORPORATED HEREIN BY
REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY OR MOBILE
APPLICATION END USER LICENSE AGREEMENT, YOU MUST NOT ACCESS OR USE THE PLATFORM.
2. CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are
effective immediately when we post them. Your continued use of the Platform following the posting of
revised Terms of Use means that you accept and agree to the changes. You are expected to check this page
frequently so you are aware of any changes, as they are binding on you.
3. ACCESSING THE PLATFORM AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the
Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part
of the Platform is unavailable at any time or for any period. From time to time, we may restrict user
access, including registered user access, to some parts of the Platform or the entire Platform. You are
responsible for both: (a) Making all arrangements necessary for you to have access to the Platform, and
(b) ensuring that all persons who access the Platform through your internet connection are aware of these
Terms of Use and comply with them.
To access the Platform or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Platform that all the
information you provide on the Platform is correct, current, and complete. You agree that all information
you provide to register with this Platform or otherwise, including, but not limited to, using any
interactive features on the Platform, is governed by our Privacy Policy and you consent to all actions we
take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of
our security procedures, you must treat such information as confidential, and you must not disclose it to
any other person or entity. You also acknowledge that your account is personal to you and agree not to
provide any other person with access to this Platform or portions of it using your username, password, or
other security information. You agree to notify us immediately of any unauthorized access to or use of
your username or password or any other breach of security. You also agree to ensure that you exit your
account at the end of each session. You should use caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or
provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you
have violated any provision of these Terms of Use.
4. SCOPE OF USE: OTHER TERMS AND CONDITIONS
The Platform is intended to facilitate communication and connection between non-profit, municipal, and
other service organizations with actual or prospective donors, volunteers, and other parties, and may
offer a variety of services related thereto as Company's sole discretion. Access to the Platform or use of
it that is unrelated or inconsistent with this Scope of Use, as determined by Company at its sole
discretion, is expressly prohibited.
Additional terms and conditions may also apply to specific portions, services, or features of the
Platform. All such additional terms and conditions are hereby incorporated by this reference into these
Terms of Use.
5. INTELLECTUAL PROPERTY RIGHTS
The Platform and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, source code,
and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and
are protected by United States and international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish,
download, store, or transmit any of the material on our Platform, except as follows:
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Your computer may temporarily store copies of such materials in RAM incidental to your accessing and
viewing those materials.
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You may store files that are automatically cached by your Web browser for display enhancement purposes.
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You may print or download one copy of a reasonable number of pages of the Platform for your own
personal, non-commercial use and not for further reproduction, publication, or distribution.
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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.
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If we provide social media features with certain content, you may take such actions as are enabled by
such features.
You must not:
- Modify copies of any materials from this site.
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Use any illustrations, photographs, video or audio sequences, or any graphics separately from the
accompanying text.
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Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials
from this site.
You must not access or use for any commercial purposes any part of the Platform or any services or
materials available through the Platform. If you print, copy, modify, download, or otherwise use or
provide any other person with access to any part of the Platform in breach of the Terms of Use, your right
to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the
materials you have made. No right, title, or interest in or to the Platform or any content on the Platform
is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the
Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark, and other laws.
6. TRADEMARKS
The Company name, the Company's trademarks, and the Company logo, and all related names, logos, product
and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You
must not use such marks without the prior written permission of the Company. All other names, logos,
product and service names, designs, and slogans on this Platform are the trademarks of their respective
owners.
7. PROHIBITED USES
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not
to use the Platform:
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In any way that violates any applicable federal, state, local, or international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from the US or
other countries).
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For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personally identifiable information, or otherwise.
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To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the
Content Standards set out in these Terms of Use.
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To transmit, or procure the sending of, any advertising or promotional material without our prior
written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
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To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other
person or entity (including, without limitation, by using email addresses or screen names associated
with any of the foregoing).
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To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or
which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.
Additionally, you agree not to:
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Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere
with any other party's use of the Platform, including their ability to engage in real time activities
through the Platform.
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Use any robot, spider, or other automatic device, process, or means to access the Platform for any
purpose, including monitoring or copying any of the material on the Platform.
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Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose
not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
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Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful.
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Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform,
the server on which the Platform is stored, or any server, computer, or database connected to the
Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
8. RELIANCE ON INFORMATION POSTED
The information presented on or through the Platform is made available solely for general information
purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance
you place on such information is strictly at your own risk. We disclaim all liability and responsibility
arising from any reliance placed on such materials by you or any other visitor to the Platform, or by
anyone who may be informed of any of its contents.
This Platform may include content provided by third parties, including materials provided by other users,
bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to questions and other
content, other than the content provided by the Company, are solely the opinions and the responsibility of
the person or entity providing those materials. These materials do not necessarily reflect the opinion of
the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of
any materials provided by any third parties.
9. CHANGES TO THE PLATFORM
We may update the content on this Platform from time to time, but its content is not necessarily complete
or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under
no obligation to update such material.
10. INFORMATION ABOUT YOU AND YOUR VISITS TO THE PLATFORM
All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you
consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
11. LINKING TO THE PLATFORM AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form
of association, approval, or endorsement on our part without our express written consent.
This Platform may provide certain social media features that enable you to:
- Link from your own or certain third-party Platforms to certain content on this Platform.
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Send emails or other communications with certain content, or links to certain content, on this Platform.
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Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own
or certain third-party Platforms.
You may use these features solely as they are provided by us and solely with respect to the content they
are displayed with, and otherwise in accordance with any additional terms and conditions we provide with
respect to such features. Subject to the foregoing, you must not:
- Establish a link from any Platform that is not owned by you.
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Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site,
for example, framing, deep linking, or in-line linking.
- Link to any part of the Platform other than the homepage.
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Otherwise take any action with respect to the materials on this Platform that is inconsistent with any
other provision of these Terms of Use.
The Platform from which you are linking, or on which you make certain content accessible, must comply in
all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in
causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking
permission without notice. We may disable all or any social media features and any links at any time
without notice in our discretion.
12. LINKS FROM THE PLATFORM
If the Platform contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including banner
advertisements and sponsored links. We have no control over the contents of those sites or resources and
accept no responsibility for them or for any loss or damage that may arise from your use of them. If you
decide to access any of the third-party Platforms linked to this Platform, you do so entirely at your own
risk and subject to the terms and conditions of use for such Platforms.
13. GEOGRAPHIC RESTRICTIONS
The owner of the Platform is based in the United States. We provide this Platform for use only by persons
located in the United States. We make no claims that the Platform or any of its content is accessible or
appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in
certain countries. If you access the Platform from outside the United States, you do so on your own
initiative and are responsible for compliance with local laws.
14. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from
the internet or the Platform will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection
and accuracy of data input and output, and for maintaining a means external to our site for any
reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A
DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT
YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIAL
POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT
YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY
OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS
OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY
KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE
PLATFORM, ANY WEBSITE OR APPLICATION LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER
PLATFORMS,WEBSITES, OR APPLICATIONS INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS
OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR
OTHERWISE, EVEN IF FORESEEABLE. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY
RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY
THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service
providers, and its and their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your
violation of these Terms of Use or your use of the Platform, including, but not limited to, your User
Contributions, any use of the Platform's content, services, and products other than as expressly
authorized in these Terms of Use, or your use of any information obtained from the Platform.
17. GOVERNING LAW AND JURISDICTION
All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or
related thereto (in each case, including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of Connecticut without giving effect to any
choice or conflict of law provision or rule (whether of the State of Connecticut or any other
jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or
the Platform shall be instituted exclusively in the federal courts of the United States or the courts of
the State of Rhode Island in each case located in the County of Providence, although we retain the right
to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of
residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you
by such courts and to venue in such courts.
18. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM
MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION
OR CLAIM IS PERMANENTLY BARRED.
19. WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further
or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure
of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of
such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will
continue in full force and effect.
20. ENTIRE AGREEMENT
The Terms of Use, and our Privacy Policy, and Mobile End User License Agreement, together with any
documents it expressly incorporated by reference, constitute the sole and entire agreement between you and
Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the Platform.
21. YOUR COMMENTS AND CONCERNS
This Platform is operated by Outies, LLC. All notices of copyright infringement claims should be sent to
the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All
other feedback, comments, requests for technical support, and other communications relating to the
Platform should be directed to:
info@outiesapp.com.