Terms of Use - Out of Office Enthusiasts

Terms of Use

LAST UPDATED: April 3, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Subject to these Terms of Use, Out of Office Enthusiasts, LLC (referred to herein as “OOO Enthusiasts,” “we,” “us” and “our”) provides you with access to our website http://www.outofofficeenthusiasts.com (the “Site”).

1. Acceptance of Terms of Use

Access to and use of the Site is made available only to people who can form legally binding agreements under applicable law. By using this Site, you represent and warrant that you are of legal age to form a binding contract with OOO Enthusiasts and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site.

BY ACCESSING OR USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE WITHOUT MODIFICATION OR QUALIFICATION. IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT ACCESS OR USE THIS SITE.

These Terms of Use are available at a link at the bottom of each page on the Site. We may change these Terms of Use at any time and from time to time. Please check these Terms of Use before using the Site to determine whether a change has been made. Your continuing access to or use of the Site confirms your unconditional acceptance of the then-current Terms of Use in their entirety. If you do not agree to the changes in the Terms of Use as they occur, you should exit and not use the Site.

From time to time, OOO Enthusiasts may supplement these Terms of Use with additional terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on the Site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

2. Use of the Site

You may browse and use the Site solely for your personal, non-commercial purposes and in compliance with these Terms of Use. You may not distribute, modify, transmit, publish, reuse, scrape, aggregate, repost or use the Site or any content made available on the Site: (i) for public or commercial purposes without the express written permission of OOO Enthusiasts; (ii) in a manner inconsistent with or in violation of these Terms of Use; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Site or interfere with any other person’s use or enjoyment of the Site.

You will not use the Site for junk mail, ‘spamming’ solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including distribution lists to any person who has not given specific permission to be included in such a list.

You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. You may not attempt to gain unauthorized access to the Site. You may not use the Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site. If you download software or any other content from the Site, you do so at your own risk.

We reserve the right to take any such action as we deem necessary in the event that we suspect any fraudulent or unlawful activity, including suspending or terminating access to the Site.

3. Disclaimer

You understand we may receive a commission, fee, and/or other compensation on some purchases made on, through, or linked from the Site.

The information available through the Site is provided solely for general informational purposes on an “as is” basis at your sole risk. Such information can never take into account your unique, personal circumstances and needs. OOO Enthusiasts makes no guarantees as to the accurateness, quality, or completeness of the information and OOO Enthusiasts shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. Users are solely responsible for verifying the information as being appropriate for user’s personal use. OOO Enthusiasts does not represent or guarantee that we have any particular level of expertise or knowledge or has any specific qualifications or credentials as to the subject matter on the Site.

This Site may refer to or contain links to other websites, services, or products that are not owned, operated or controlled by OOO Enthusiasts (each a “Third-Party Service”). All such references and links to Third-Party Services are provided solely as a convenience to you. If you use a link to a Third-Party Service, you will leave our Site. We are not responsible for, and do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Service, or any content or information accessible from such Third-Party Service, or the results that you may obtain from using any Third-Party Service. We do not warrant that any description of any Third-Party Service, or any other content on the Site, will be accurate, complete, reliable or error-free. If you access any Third-Party Service linked to or from the Site, you do so entirely at your own risk.

You acknowledge and agree that any reliance or actions based on the content of the Site shall be at your sole and exclusive risk and OOO Enthusiasts shall have no responsibility or liability to you whatsoever.

4. Copyright and Trademarks

The Site and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Site (the “Content”) are the property of, or used with permission by, OOO Enthusiasts and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.

Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site are registered and unregistered trademarks, trade names, and service marks owned by OOO Enthusiasts. Other trademarks, trade names, and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names, and service marks owned by their respective owners and used with permission by OOO Enthusiasts. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without OOO Enthusiasts’ written permission or the written permission of such third-party owner.

5. User Communications

You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with OOO Enthusiasts on the Site or by email or third-party websites or apps, including any data, images, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively “User Communications”). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. We do not endorse or sponsor any such User Communications submitted by you or other users of the Site. We may terminate or deny you access to the Site if we determine that you are violating these Terms of Use, or applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.

Subject to our Privacy Policy (available at a link at the bottom of each page in the Site), all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution. You hereby grant to OOO Enthusiasts and our affiliates and designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Site and have all relevant licenses and consents from any relevant third parties. Further, OOO Enthusiasts and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send to the Site for any purpose whatsoever including developing, manufacturing and marketing products.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. We will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify OOO Enthusiasts of any objectionable User Communications. We may remove any or all User Communications at any time for any reason or no reason.

6. Privacy Policy

We value your privacy. Please refer to our Privacy Policy (available at a link at the bottom of each page in the Site) for details about what information we collect on this Site and how we use and share such information.

7. Termination / Suspension

We may suspend or terminate your use of the Site at any time, for any reason or for no reason. We may change, suspend, or discontinue all or any aspect of the Site at any time without notice.

8. No Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OOO ENTHUSIASTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

OOO ENTHUSIASTS MAKES NO WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, THE CONTENT OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE.

OOO ENTHUSIASTS DOES NOT GUARANTEE OR WARRANT THAT THE SITE, THE SERVER OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.

THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION APPLY TO THE EXTENT PERMITTED BY LAW.

9. Limitation of Liability

IN NO EVENT WILL OOO ENTHUSIASTS, ITS LICENSORS, SERVICE PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, OR ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION APPLY TO THE EXTENT PERMITTED BY LAW.

10. Indemnification

UNLESS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF OOO ENTHUSIASTS, ITS LICENSORS, SERVICE PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR RELATED TO YOUR USE OF THIS SITE OR ANY CONTENT, THE VIOLATION OR ATTEMPTED VIOLATION OF THESE TERMS OF USE BY YOU, OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.

11. Governing Law; Disputes; Class Action Waiver

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflicts of law provisions. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You hereby consent to the exclusive jurisdiction and venue of the federal and state courts located in Portland, Maine for resolution of all claims, differences, and disputes the parties may have regarding this Agreement. Notwithstanding anything to the contrary herein, you acknowledge and agree that a breach by you of these Terms of Use would cause OOO Enthusiasts irreparable harm for which monetary damages would not be an adequate remedy, and in the event of such breach or threatened breach, OOO Enthusiasts will be entitled to seek injunctive or equitable relief.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED.

If you believe that a controversy or claim arising out of or relating to these Terms of Use or your use of the Site, you agree to provide us with a notification via email to outofofficeenthusiasts@gmail.com, briefly summarizing the claim or controversy and your request for relief, before instituting any other formal legal action against us.

YOU HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND AGREE THAT YOU MAY BRING CLAIMS AGAINST OOO ENTHUSIASTS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR CONSOLIDATED ACTION.

12. Remedies for Breach of These Terms by You

Without limiting any other rights or remedies, in the event that OOO Enthusiasts determines that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct that OOO Enthusiasts deems to be inappropriate or unacceptable, OOO Enthusiasts may (i) warn you via email that you have violated these Terms of Use; (ii) delete any User Communications or other content provided by you or your agent(s) to the Site; (iii) discontinue your access to the Site, (iv) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which OOO Enthusiasts deems to be appropriate.

If your ability to access and/or use the Site or any other service provided to you by OOO Enthusiasts is discontinued by us hereunder, then you agree that you shall not attempt to access the Site, any other service provided by OOO Enthusiasts, through use of a different name or otherwise.

13. Use of the Site Outside of the United States

We make no representation that information available in connection with the services provided by OOO Enthusiasts is appropriate or available for use outside the United States. If you access the Site and our services from outside the United States you do so on your sole initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

14. Copyright Complaints

If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you will notify us via email at outofofficeenthusiasts@gmail.com.

All claims of copyright infringement must be in writing and must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our Site where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

15. Miscellaneous

In the event that any provision of these Terms of Use conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect. Any failure by OOO Enthusiasts to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of OOO Enthusiasts’ right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. We will not be liable for failure or delay in performing our obligations because of causes beyond our reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third-party networks or communications infrastructure.

You represent to OOO Enthusiasts that you have the authority to access and use the Site according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Site) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email, phone, SMS text message, third-party messaging applications, or by posting notice on this Site. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.

16. Contact

We welcome your comments and questions. Please contact us at: outofofficeenthusiasts@gmail.com.