Terms of Service

This Terms of Service Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”), and OUTpros and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the OUTpros website as well as any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Website”). The Website provides the following service: connecting businesses with skilled virtual assistants and remote professionals around the world (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Website is appropriate or available in locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

Purchases & payments

Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges, then you consent to our charging your payment method on a recurring basis, without requiring prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

Refund policy

All sales are final and no refunds shall be issued unless otherwise stated in a signed service agreement.

User representations

Regarding Your Registration

By using the Company Services, you represent and warrant that:

1. All registration information you submit is truthful and accurate;
2. You will maintain the accuracy of such information;
3. You will keep your password confidential and will be responsible for all use of your password and account;
4. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
5. Your use of the Company Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Website’s registration form, and (b) maintain and promptly update registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

Regarding Content You Provide

The Website may invite you to participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display and performance, accessing, downloading, and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Company and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
3. You have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
4. Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate, or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage, or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
5. Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
6. Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
7. Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

Contribution license

By posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions: rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

Company has the right, in our sole and absolute discretion, to (i) edit, redact, or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

By uploading your Contributions to the Website, you hereby authorize Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print, and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale, or commercial exploitation of any kind.

Guidelines for reviews

Company may accept, reject, or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain offensive language, profanity, or abusive, racist, or hate language, discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability, or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website or the Company Services (“Submissions”) provided by you to Company are non-confidential, and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Prohibited activities

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

1. Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
2. Attempting to impersonate another user or person or using the username of another user;
3. Sharing any data obtained through our services with third parties, including contact information of our virtual assistants or remote professionals with anyone outside of your company/organization;
4. Hiring any of our virtual assistants or remote professionals outside of the platform without providing the required paid membership or subscription to do so;
5. Engaging in criminal or tortious activity;
6. Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Website;
7. Deleting the copyright or other proprietary rights notice from any Website content;
8. Engaging in any automated use of the system, such as using any data mining, robots, or similar data gathering and extraction tools;
9. Harassing, annoying, intimidating, or threatening any Company employees or agents engaged in providing any portion of the Company Services to you;
10. Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
11. Making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
12. Selling or otherwise transferring your profile;
13. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Company;
14. Tricking, defrauding, or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
15. Using any information obtained from the Website in order to harass, abuse, or harm another person;
16. Using the Company Services as part of any effort to compete with Company or to provide services as a service bureau; and
17. Using the Website in a manner inconsistent with any and all applicable laws and regulations.

Intellectual property rights

The content on the Website (“Company Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of Company in the United States and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.

Third-party websites and content

The Website contains (or you may be sent through the Website or the Company Services) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.

Site management

Company reserves the right but does not have the obligation to:

1. Monitor the Website for violations of this Agreement;
2. Take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
3. In Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;
4. In Company’s sole discretion and without limitation, notice or liability, remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems; and
5. Otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.

Client & talent working agreement

All clients and remote professionals who have an active working agreement with our Company agree to the following:

1. Changes to billing or payments: Clients and talent must use the Company’s designated portal or contact their account manager for requesting any modifications or changes to their standard agreement within the Company’s billing and payment cycles. No modifications or changes will be accepted or received by phone, email, SMS, or any other form of communication unless explicitly authorized by Company in writing.
2. Communication and deliverables: Clients and talent agree to communicate promptly, professionally, and in good faith. Talent agrees to perform services in a competent and workmanlike manner, and clients agree to provide clear instructions and timely feedback necessary for the successful completion of work.
3. Confidentiality: Both clients and talent agree to maintain the confidentiality of any proprietary, sensitive, or confidential information disclosed during the working relationship and to comply with any additional confidentiality or non-disclosure agreements executed between the parties.
4. Termination: Either party may terminate the working relationship in accordance with the terms set forth in the applicable service agreement. Upon termination, talent agrees to return or destroy any client materials in their possession, and client agrees to fulfill any outstanding payment obligations for work completed prior to termination.

Disclaimer & limitation of liability

THE WEBSITE AND COMPANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT THE WEBSITE OR COMPANY SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR COMPANY SERVICES WILL BE ACCURATE OR RELIABLE.

IN NO EVENT SHALL COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless 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 this Agreement or your use of the Website or Company Services.

Governing law

This Agreement shall be governed by and construed in accordance with the laws of the State of [State], United States, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in [County, State], and the parties hereby consent to the personal jurisdiction and venue thereof.

Dispute resolution

Any dispute arising out of or relating to this Agreement or your use of the Website or Company Services shall first be addressed through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, or through litigation in the courts identified in the Governing Law section above.

Changes to this agreement

Company reserves the right, in its sole discretion, to change, modify, or otherwise alter this Agreement at any time. Such changes shall be effective immediately upon posting to the Website. Your continued use of the Website or Company Services following the posting of changes constitutes your acceptance of such changes.

Contact us

If you have any questions about this Agreement, please contact us at: