Website Terms and Conditions of Use
1. Description of Service
1.1 The Outgrow Your Garage Inc. (“Outgrow Your Garage”) service allows [placholder statement]. Outgrow Your Garage reserves the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
1.2 This Terms and Conditions of Use (“Agreement”) is a legal agreement between the Client (defined below) and Outgrow Your Garage the owner and developer of the Outgrow Your Garage Service. By registering for any service provided on Outgrow Your Garage any person becomes a client (“Client”) and agrees to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as any person remains a Client. IF CLIENTS DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY OUTGROW YOUR GARAGE SERVICE. The Terms are subject to change at any time, effective upon notice to you.
1.3 BY CLICKING THE “I AGREE” BUTTON BELOW, CLIENT AGREES THAT THEY HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://www.outgrowyourgarage.com/terms-and-conditions/. OUTGROW YOUR GARAGE RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
1.4 OUTGROW YOUR GARAGE RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT OUTGROW YOUR GARAGE’S DISCRETION. CLIENT’S CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES CLIENT’S ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. CLIENT SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://www.outgrowyourgarage.com/terms-and-conditions/.
2. Ownership, Copyrights, Trademarks, Licenses
2.1 Subject to this Agreement and Outgrow Your Garage policies, Outgrow Your Garage grants Client a limited, personal, non-exclusive, non-transferable, and revocable license to use the Services. Client may download content from Outgrow Your Garage Services only for Client’s personal, non-commercial use, unless Client obtains Outgrow Your Garage’s written permission to otherwise use the content. Client also agrees that you will create, access, and/or use only one user account, unless expressly permitted by Outgrow Your Garage and you will not share access to your account or access information for your account with any third party. Using the Services does not give Client ownership of or any intellectual property rights in the Services or the content Client accesses.
2.2 Client may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the services in a manner not authorized by Outgrow Your Garage in writing. Client may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services, in any manner and any quantities not authorized by Outgrow Your Garage in writing. Client may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Outgrow Your Garage or its affiliates without express written consent. Client may not use meta tags or any other “hidden text” utilizing the Outgrow Your Garage name or trademarks without the express written consent of Outgrow Your Garage.
2.3 Client acknowledges and agrees that the Services contain proprietary and confidential information that is the property of Outgrow Your Garage and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the proprietary and confidential information on Outgrow Your Garage or any software used in connection with any of the Services is provided, transferred or assigned to you. Client agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of Outgrow Your Garage’s Services or software, in whole or in part. Trademarks, service marks, logos, and copyrighted works appearing on the Outgrow Your Garage website or in connection with Services are the property of the Outgrow Your Garage. Outgrow Your Garage retains all rights with respect to any intellectual property appearing on the website or in connection with the Services, and no rights in such materials are transferred or assigned to the Client.
3. Payment and Refunds
3.1 Outgrow Your Garage offers paid Services for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. Client is responsible for paying all fees charged by or for Outgrow Your Garage and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If Client’s payment method fails or Client’s account is past due, Outgrow Your Garage may collect fees using other collection mechanisms. Fees for Services may vary based on your location and other factors, and Outgrow Your Garage reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.
3.2 Refunds. NO REFUNDS ARE OFFERED FOR MEMBERSHIP FEES OR ANY OTHER FEES COLLECTED BY THE SERVICE. Please also note that Outgrow Your Garage treats violations of its Terms very seriously, and Outgrow Your Garage has no obligation to offer refunds to users who violate these or other Outgrow Your Garage policies. Similarly, Outgrow Your Garage has no obligation to offer late refunds to users who are unsatisfied with their final grade in any relevant course. Outgrow Your Garage does not offer refunds for payments made on a month-month subscription plan.
3.3 Free Trials. From time to time, Outgrow Your Garage, or others on its behalf may offer trials of paid subscriptions for Outgrow Your Garage Services for a specified period without payment or at a reduced rate (a “Trial”). Outgrow Your Garage reserves the right, in its absolute discretion, to determine Client’s eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. To avoid being charged during a Trial promotion, a Client must cancel the subscription before the Trial ends. If the Client completes a course during the Trial period, Outgrow Your Garage reserves the right to require the Client to pay for a one-month subscription in order to receive a course and/or specialization certificate. Client’s subscription will continue on a month-to-month basis unless and until the Client cancels or the subscription is suspended or discontinued by Outgrow Your Garage. Clients must cancel subscriptions before renewal dates to avoid the next billing. If a Client cancels their subscription, cancellation will be effective at the end of the current monthly period; Client will continue to have access to the subscription for the remainder of that period, but Client will not receive a refund.
4. Information Provided by Third-Party
4.1Through the website, Client will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Outgrow Your Garage cannot guarantee that such third-party content, in the website or elsewhere, will be free of material you find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Outgrow Your Garage disclaims any responsibility or liability related to the Client’s access or use of, or inability to access or use, such content.
4.2 [Put copyright license to third party blog posts here]
5.1 It is agreed that all personal information given to Outgrow Your Garage, will be kept confidential by Outgrow Your Garage, with the following exceptions: (1) Client’s user ID as provided to Outgrow Your Garage will be posted for others to view; (2) Client actively choosing to post personal information for others to see; or (3) Client having harassed another person via any Service provided by Outgrow Your Garage in which case the confidentiality clause contained in this Agreement is rendered null and void. Any passwords used for this website are for the Client’s individual use only. Client will be responsible for the security of their password(s). From time to time, Outgrow Your Garage may require that Clients change their password(s). Clients are prohibited from using any services or facilities provided in connection with this website to compromise its security or tamper with any of its system, resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If Client becomes involved in any violation of system security, Outgrow Your Garage reserves the right to release account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Outgrow Your Garage reserves the right to investigate suspected violations of this Agreement. Outgrow Your Garage reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Outgrow Your Garage to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement. It is Outgrow Your Garage policy to release a Client’s personal identifying information and any other information when it reasonably believes such disclosure is appropriate to comply with applicable law, to enforce any of Outgrow Your Garage contracts or agreements, to protect the rights, property or safety of its users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting this Agreement, Client waives all rights and agrees to hold Outgrow Your Garage harmless from any claims resulting from any action taken by Outgrow Your Garage during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Outgrow Your Garage or law enforcement authorities.
5.2 Outgrow Your Garage cares about the security of its users. While Outgrow Your Garage works to protect the security of Client accounts and related information, Outgrow Your Garage cannot guarantee that unauthorized third parties will not be able to defeat its security measures. Please notify Outgrow Your Garage immediately of any compromised or unauthorized use of Client’s account by emailing email@example.com.
6. Limitations of Liability
CLIENT AGREES THAT OUTGROW YOUR GARAGE ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF OUTGROW YOUR GARAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR OUTGROW YOUR GARAGE WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OUTGROW YOUR GARAGE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE LAST TWELEVE (12) MONTHS OF FEES PAID BY CLIENT TO OUTGROW YOUR GARAGE FOR THE APPLICABLE SERVICE OUT OF WHICH SUCH LIABILITY AROSE. To the extent that the foregoing limitation of liability is unenforceable then the liability of Outgrow Your Garage its Subsidiaries, Affiliates, Licensors, Licensees, Service Providers, Employees, Agents, Officers, and Directors will be limited to the greatest extent permitted by law.
CLIENT AGREES TO INDEMNIFY AND HOLD OUTGROW YOUR GARAGE ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THE TERMS OF THIS AGREEMENT BY CLIENT AND ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF CLIENT’S USE OF OUTGROW YOUR GARAGE, SERVICES, AND ANY INFORMATION ACCESSED FROM THIS WEBSITE. CLIENT AGREES THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE OF OUTGROW YOUR GARAGE OR ANY INFORMATION OBTAINED FROM OR THROUGH OUTGROW YOUR GARAGE OR SERVICES, AND CLIENT AGREES TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.
Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Outgrow Your Garage. Outgrow Your Garage does not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from Client’s reliance on such information.
9. No Warranties
9.1 THE USE OF OUTGROW YOUR GARAGE AND ANY SERVICE IT PROVIDES IS AT CLIENT’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUTGROW YOUR GARAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUTGROW YOUR GARAGE MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET CLIENT REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF SERVICES WILL MEET CLIENT’s EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE UTILIZED BY THE SERVICES WILL BE CORRECTED.
9.2 No Academic Credit. Outgrow Your Garage does not grant academic credit for the completion of content offerings nor does it guarantee that courses will satisfy third-party certification requirements. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of content offerings does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. Client agrees not to accept credit for completing a content offering unless they have earned a course certificate or other equivalent documentation of their completion of the content offering. Outgrow Your Garage instructors, and the associated content providers have no obligation to have content offerings recognized by any educational institution or accreditation organization.
9.3 Disclaimer of Student-Content Provider Relationship. Nothing in this Agreement or otherwise with respect to Client participation in any content offerings by content providers: (a) establishes any relationship between Client and any content provider; (b) enrolls or registers Client in any institution; or (c) entitles Client to use the resources of any content provider institution beyond participation in the content offering.
10.1 This Agreement and any dispute arising from this Agreement is governed by the laws of Colorado, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the District of Colorado, and you hereby consent to the jurisdiction of any such court. CLIENT AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
11.1 If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
12.1 Client certifies that they are at least eighteen (18) years of age and that their answers to the registration materials on Outgrow Your Garage will be truthful. In accessing and using Outgrow Your Garage, Client understands and agrees that their User ID, given to Outgrow Your Garage, will be published on the website for others to view. Client’s name, address, and e-mail address are kept confidential, except where provided above. CLIENT MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY OF THE SERVICES PROVIDED BY THIS WEBSITE. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS WEBSITE FOR ANY PURPOSE.
13. Entire Agreement
13.1 This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between Client and Outgrow your Garage with respect to Outgrow Your Garage and any of the Services it provides. Notwithstanding the foregoing, Client may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use Outgrow Your Garage or any of its Services. Outgrow Your Garage may revise these Terms and Conditions of Use at any time, and such changes will be effective from and after the date that the same are delivered to you by e-mail or regular mail. Client’s continued use of Outgrow Your Garage after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
14.1 The failure of Outgrow Your Garage to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Outgrow Your Garage must be in writing and signed by an authorized representative of the Outgrow Your Garage.