Terms of Use

The following Terms of Use are entered into by and between You and Outback Presents (“Outback Presents”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of our websites (the “Sites”) and our related services, (together with the Site, the “Services”), whether as a guest or a registered user.

Please read the Terms carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms including the agreements incorporated by reference herein, you must not access or use the Services.

By using this Services, you represent and warrant that you are of legal age to form a binding contract with Outback Presents and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

1. MODIFICATION OF TERMS

We reserve the right to change or modify these Terms at any time and in our sole discretion.  If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the beginning of these Terms.  By continuing to use the Services at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.  You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services.  If you do not agree to the revised Terms, you may not access or use the Services.

1. ACCOUNT SET-UP AND SECURITY

1. Account Registration. In order to use certain features of the Services, you will need to register for an account (“Account”).  By registering for an Account, you (a “Registered User”) agree to provide accurate, current, and complete Account information, and to maintain and promptly update your Account information as necessary.  
2. Authority.  By creating an Account, you represent and warrant that you have all requisite capacity, power, and authority to enter into, and perform your obligations under these Terms.
3. Account Security. You are responsible for the security of your Account.  You accept all risks of unauthorized access to your Account and the information you provide.  You agree to immediately notify us if you discover or otherwise suspect any breaches of security related to your Account or the Services, including unauthorized use of your password.  
4. Additional Information.  We may require you to provide additional information and documents at the request of any competent authority or in order to help us comply with applicable law, regulation, or policy.

1. PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use and share your personal information.  By submitting your personal information through the Services, you expressly consent to the collection, use, and disclosure of personal information in accordance with the Privacy Policy.

1. COMMUNICATIONS

By creating an Account, you consent to receive electronic communications from us (e.g., via email or by posting notices to the Services).  These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your existing relationship with us.  You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

1. FEES AND PAYMENTS; REFUNDS

1. Fees. We will charge fees in consideration of the Services based on the products selected.  You are responsible for all taxes. Further terms and conditions relating to the Services may apply.
2. Payments. Payment processing services for the Outback Presents, including the processing and storing of credit card data, are provided by third parties and are subject to those parties’ terms and conditions (“Third Party Terms”). By agreeing to these terms and continuing to use the Services, you agree to be bound by any Third Party Terms, as the same may be modified by a third party from time to time. As a condition of the Outback Presents enabling payment processing services, you agree to provide the Outback Presents accurate and complete information about you and your business, and you authorize the Outback Presents share with the third party this information and transaction information related to your use of the payment processing services.

1. LIMITED LICENSE

You are hereby granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, “as-is” license to access and use the Services and related content for your own personal, non-commercial use; provided, however, that such license is subject to the Terms and does not include any right to (i) sell, resell, or use commercially the Services, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Services, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Services, except as expressly permitted by us, and (vi) use the Services other than for their intended purposes. This license is subject to your compliance with Section 9 below.

1. EXTERNAL SITES

The Services may include hyperlinks to other websites or resources (collectively, the “External Sites”), which are provided solely as a convenience to our Registered Users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from or through any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.

1. PROHIBITED USES

You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, by hacking, password “cracking,” or any other illegitimate means.  You may not breach or cause to breach the security or authentication measures on the Services or any other systems or networks connected to the Services, or otherwise attempt to interfere with the proper functioning of the Services.  You will not falsify your identity or impersonate another person engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.

In addition, you agree not to and will not assist another to:

1. reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, in whole or in part, except as expressly permitted by us;
2. upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
3. link to, mirror or frame any portion of the Services without our prior express written permission;
4. scrape, index, survey, or data mine any portion of the Services or unduly burden or hinder the operation of the Services; or
5. remove any notice of the proprietary rights of our licensors and us from any portion of the Services or printed version thereof.  

1. TERMINATION

1. You Terminate. You may terminate these Terms at any time by cancelling your Account and discontinuing your access to and use of the Services.  If you use the Services after cancelling your Account, you will be deemed to have agreed to the Services.
2. We Terminate.  You agree that we, in our sole discretion, and for any or no reason, may terminate these Terms and suspend and/or terminate your Account(s) on the Services without prior notice.  You agree that any suspension or termination of your access to the Services may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination.
3. Other Remedies Available.  If we terminate these Terms or suspend or terminate your access to or use of the Services due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Uses), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
4. Effect of Termination. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Services or that is related to your Account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

1. INTERNATIONAL ISSUES.

We operate the Services from the United States of America.  If you choose to access the Services from outside the United States of America, you are responsible for complying with applicable local laws.

1. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OUTBACK PRESENTS NOR ANY PERSON ASSOCIATED WITH OUTBACK PRESENTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER OUTBACK PRESENTS NOR ANYONE ASSOCIATED WITH OUTBACK PRESENTS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, OUTBACK PRESENTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OUTBACK PRESENTS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Outback Presents, 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 these Terms or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by us in the defense of any claims. You may not settle any claims without our prior written consent.

1. GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the County of Davidson. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

1. LIMITATION ON TIME TO FILE A CLAIM

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 BARRED.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Site, you agree to inform us in writing and to give us thirty (30) days to cure the harm before initiating any action.

1. WAIVER AND SEVERABILITY

No waiver by Outback Presents of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Outback Presents to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. To be effective, any waiver by Outback Presents must be in writing and signed by an authorized representative of Outback Presents.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

1. ENTIRE AGREEMENT

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Outback Presents regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

1. ASSIGNMENT

You may not assign or otherwise transfer ownership of your rights and obligations under these Terms to anyone without our prior written approval. We may freely assign, transfer and delegate our rights and obligations under these Terms.

1. FORCE MAJEURE

Outback Presents shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any cause beyond Outback Presents’ control.  Certain obligations may require the cooperation of third parties outside the control of Outback Presents.  In the event such third parties fail to cooperate in a manner that reasonably permits the performance of Outback Presents’ obligations, such failures shall be considered as causes beyond the control of Outback Presents and shall not be the basis for a determination that Consulting is in breach of any of its obligations under this Agreement or is otherwise liable.

1. CONTACT

209 10th Avenue South, Suite 503 Nashville, TN 37203

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