By visiting the Website and accepting these Terms and Conditions of Use, You represent and warrant to OutsmartBrands that You have the right, authority, and capacity to agree to and abide by these Terms and Conditions of Use. You also represent and warrant to OutsmartBrands that You will use the Website in a manner consistent with any and all applicable laws and regulations.
a) THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY OUTSMARTBRANDS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OUTSMARTBRANDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OUTSMARTBRANDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUTSMARTBRANDS DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; ITS SERVERS; OR EMAIL SENT FROM OUTSMARTBRANDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUTSMARTBRANDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. UNDER NO CIRCUMSTANCE SHALL OUTSMARTBRANDS'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), EXCEED $100.
b) All links on this Website are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by OutsmartBrands of any of the products, services, or opinions of the corporation or organization or individual. OutsmartBrands bears no responsibility for the accuracy, legality, or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content. Any links to external websites and/or all information provided on the Website or returned from web search engines are provided as a courtesy. They should not be construed as an endorsement by OutsmartBrands and its partners, employees, and officers of the content or views of the linked materials.
c) All information provided on the Website is provided for information purposes only and does not constitute a legal contract between OutsmartBrands and any person or entity. No information provided is a solicitation or offer to buy any product or service. Information is subject to change without prior notice at any time. Although every reasonable effort is made to present current and accurate information, OutsmartBrands makes no guarantees of any kind.
d) Health related topics found on the Website should not be used for diagnosing purposes or be substituted for medical advice. Always consult professional healthcare providers before beginning any new treatment and for any health and wellness related questions and concerns. It is Your responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on the Website, and to consult with Your professional health care provider as to whether the information can benefit You.
e) OutsmartBrands is not affiliated, associated, authorized, endorsed by, or in any way connected with the organizations, charities, and companies mentioned on this Website, or any of their subsidiaries or affiliates. All trademarks, copyrights, and other rights are the property of their respective owners.
In no event shall OutsmartBrands or its suppliers, employees, officers, shareholders, and partners be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website, even if OutsmartBrands or a OutsmartBrands authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.
You agree to defend, indemnify, and hold harmless OutsmartBrands, and its officers, directors, employees and agents, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal, accounting, and other service provider fees, alleging or resulting from (i) any Content of other material You provide to the Webite, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms and Conditions of Use. OutsmartBrands shall provide notice to You promptly of any such claim, suit, or proceeding.
6. Revisions and Errors
The materials appearing on the Website could include technical, typographical, photographic, and other errors. OutsmartBrands does not warrant that any of the materials on its Website are accurate, complete, or current. OutsmartBrands may make changes to the materials contained on its Website at any time without notice. OutsmartBrands does not, however, make any commitment to update the materials.
OutsmartBrands has not reviewed all of the materials, information, and websites linked to and from its Website and is not responsible for the contents of any such linked websites. The inclusion of any link does not imply endorsement by OutsmartBrands of the websites. Use of any such linked websites is at the user’s own risk.
8. Website Terms and Modifications
OutsmartBrands may revise these Terms and Conditions of Use at any time without notice by posting an updated version to the Website. You should visit this page periodically to review the most current Terms and Conditions of Use because they are binding on You. By using this Website You are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9. Electronic Communication
When You visit the Website, use our contact forms, or send emails to OutsmartBrands, You are communicating with OutsmartBrands electronically. You consent to receive communications from OutsmartBrands electronically. OutsmartBrands will communicate with You by email or by posting notices on the Website. You agree that all agreements notices, disclosure, and other communicates that OutsmartBrands provides to You electronically satisfy any legal requirements that such communications be in writing.
The materials contained in this Website are protected by applicable copyright and trademark law. All content included on this Website, such as text, graphics, icons, logos, images, data compilations, software, and other materials, is the property of OutsmartBrands or its content suppliers and protected by United States and international copyright laws.
OutsmartBrands.com, OutsmartBrands, Outsmart Brands, and other OutsmartBrands graphics, logos, page headers, icons, images, and service names are trademarks, registered trademarks, or trade dress of OutsmartBrands in the U.S. and/or other countries. OutsmartBrands‘s trademarks and trade dress may not be used in connection with any product or service that is not OutsmartBrands’s, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits OutsmartBrands. All other trademarks not owned by OutsmartBrands that may appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OutsmartBrands.
12. Governing Law
By using the Website, You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between You and OutsmartBrands.
Any dispute relating in any way to Your visit to the Webite or to services obtained through the Webite shall be adjudicated in any state or federal court having jurisdiction over Los Angeles County, California, and You consent to exclusive jurisdiction and venue in such courts.
14. Modifications and Severability
OutsmartBrands reserves the right to make changes to the Website, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
15. DMCA Copyright Notices
For DMCA Copyright questions, notices, or inquiries please contact us here. It is our policy to respond to clear notices of alleged infringement.
You can contact us by using this contact form.