Outsmartworld.com makes no warranty or claim that estimated costs, aid awards, loans, grants or other financial aid components described herein will be eligible to any or all users of the Site as they are subject to change at any time, with or without notice, and beyond the control of Outsmartworld.com. And, because Outsmartworld.com relies upon Third Party information and data submitted by End Users which is not verified, we do not guarantee that the services we provide through this Site will be accurate, complete, reliable or error-free.
Acknowledgement and Acceptance of Agreement
2.1 All End Users are directed to review this Agreement carefully. By accessing, browsing or using this Site, each End User acknowledges that such End User has read, understood, and agrees to be bound by this Agreement. End Users who do not accept the terms and conditions of this Agreement, are not authorized to use and should immediately discontinue any use of this Site.
2.2 The permission and right to use the Site is personal to End User and is not transferable to any other person or entity. End Users may have the option of registering for access to certain password-protected services on the Site. Each End User shall be solely responsible for protecting the confidentiality of such End User’s user name and password(s). End User shall not be permitted to share its user name and/or passwords and shall be fully responsible for all activities occurring by any party through the use of such End User’s user name and/or password.
3.1 Outsmartworld.com shall have the right at any time, with or without notice, to change or discontinue any aspect or feature of the Site, on a temporary or permanent basis, including, but not limited to, content, hours of availability, and equipment needed for access or use of the Site.
3.2 Outsmartworld.com shall have the right at any time, with or without prior notice, to change or modify the terms and conditions applicable to End User’s use of the Site (including, without limitation, the terms of this Agreement), or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof. Any use of the Site by End User subsequent to such notice shall be deemed to constitute acceptance by End User of the revised terms and conditions including any such changes, modifications or additions.
End User shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
End User Conduct
End User shall use the Site for non-commercial, lawful self-educational and informational purposes only. End User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which infringes or misappropriates any intellectual property or other proprietary rights of any third party, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without Outsmartworld.com’s express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Outsmartworld.com’s sole discretion constitutes any of the above stated prohibitions, or restricts or inhibits any other End User from using or enjoying the Site shall not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (a) distribution of unsolicited chain letters, (b) propagation of computer worms, viruses and other such malicious code, (c) using (directly or indirectly) the Site or its computer network to make unauthorized entry to any other machine accessible via the Site or its computer network and (d) using the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of the Site to become users of other on-line services competitive with the Site, or any disparagement of Outsmartworld.com and/or the Site. Without limiting any other legal or other rights or remedies of Outsmartworld.com, any violations, in our sole discretion, of the foregoing may result in immediate removal of violative communications and/or temporary or permanent termination of the End User’s access to the Site.
6.1 “Outsmartworld.com” is a trademark of Outsmartworld.com and Second Party, LLC. Such Outsmartworld.com trademark and all other trademarks appearing on the Site or otherwise owned by Outsmartworld.com or its affiliates (collectively, the “Trademarks”) are the property of Outsmartworld.com, affiliates of Outsmartworld.com, or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the express prior written permission of the applicable trademark holder specific for each such use. The Trademarks may not be used to disparage Outsmartworld.com, the applicable third-party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Outsmartworld.com in writing. All goodwill generated from the use of any Outsmartworld.com Trademark inures to its benefit.
6.2 The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. Outsmartworld.com and Second Party, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express prior written permission of Outsmartworld.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material. Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
6.3 Except for information relating to Loan applications, Outsmartworld.com does not solicit any confidential information from any End User, and End User acknowledges and agrees that all other information submitted to the Site shall not constitute confidential information, and is not requested as, nor shall be received by Outsmartworld.com as confidential.
Third Party Content
Outsmartworld.com is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Outsmartworld.com has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, End Users or any other user of the Site, are those of the respective author(s) or distributor(s) and not of Outsmartworld.com. The content available through the Site may represent the opinions and judgments of the respective information provider, End User, or other user not under contract with Outsmartworld.com. Outsmartworld.com neither endorses, nor is responsible for, the veracity, accuracy, completeness, usefulness, or reliability of any content or opinion, advice or statement made on the Site. Under no circumstances will Outsmartworld.com be liable for any loss or damage caused by an End User’s reliance on content or information obtained through the Site. It is the sole and exclusive responsibility of End User to evaluate the veracity, accuracy, completeness, usefulness, or reliability of any information, opinion, advice or other content available through the Site. (Please refer to Section 12 for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
The Site may contain links to third-party web sites (“External Sites”). These links are provided solely as a convenience to End Users and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. End Users are instructed to contact the site administrator or webmaster for those External Sites in the event of any questions or concerns regarding the content and/or policies of such External Sites.
Outsmartworld.com shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Outsmartworld.com and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Outsmartworld.com shall have the right, with or without notice, and at any time, to remove any content, information or material that Outsmartworld.com, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.
End User agrees to defend, indemnify and hold harmless Outsmartworld.com, Outsmartworld.com affiliated companies including but not limited to Second Party, LLC, and their respective directors, officers, employees, representatives and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by End User (except to the extent such claims and expenses arise directly out of the gross negligence of Outsmartworld.com).
Disclaimer of Warranty; Limitation of Liability
12.1 END USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT END USER’S SOLE RISK. NONE OF OUTSMARTWORLD.COM, OUTSMARTWORLD.COM AFFILIATED COMPANIES INCLUDING BUT NOT LIMITED TO SECOND PARTY, LLC, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “OUTSMARTWORLD.COM PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE VERACITY, ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED OR MADE AVAILABLE THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
12.2 IN NO EVENT WILL THE OUTSMARTWORLD.COM PARTIES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SITE SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. THE TOTAL LIABILITY OF OUTSMARTWORLD.COM AND THE OUTSMARTWORLD.COM PARTIES, IN AGGREGATE, FOR ANY AND ALL CLAIMS, LOSSES AND LIABILITIES ARISING OUT OF THIS AGREEMENT AND ANY USE OF THE SITE SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT, IF ANY, PAID BY END USER IN CONNECTION WITH END USER’S USE OF THE SITE AND RETAINED BY OUTSMARTWORLD.COM OR (B) ONE HUNDRED DOLLARS ($100).
12.3 FOR THE AVOIDANCE OF DOUBT, IT IS EXPRESSLY AGREED THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT OUTSMARTWORLD.COM AND THE OUTSMARTWORLD.COM PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY, DAMAGE OR HARM FROM THE FOREGOING RESIDES ENTIRELY WITH END USER.
12.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, OUTSMARTWORLD.COM’S liability is limited to the greatest extent permitted by law.
Either Outsmartworld.com or End User may terminate this Agreement at any time. Without limiting the foregoing, Outsmartworld.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Outsmartworld.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement shall survive any such termination or expiration.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Site) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The provisions of Section 6 and 7 are for the benefit of Outsmartworld.com, Outsmartworld.com affiliated companies and Outsmartworld.com’s third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of laws rules. The Site is governed by the laws of the United States, and is intended for the enjoyment of residents of the United States only. We make no representation that the Site is governed by or operated in accordance with the laws of any other nation. The Site is intended and provided exclusively for the use and benefit of End Users within the United States. As such, Outsmartworld.com does not make any warranty or claims concerning whether the Site may be accessed, viewed, or used outside the United States. End User acknowledges and agrees that all use of the Site from outside the United States is done solely at the risk of End User. Whether inside or outside the United States, End User is solely responsible for ensuring compliance with the laws of End User’s specific jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.