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Terms of Use

Welcome to outrange.co (including all subdomains, the “Site”), which is operated by Turbostart Sales Growth LLP and its affiliates (collectively, “Outrange” or “we” or “us” or “our”). This Site provides, among other things, information about our people, organization, partners, products offered, forums for discussions, and profiles of clients who have availed the service(s) offered by Outrange.

These Terms of Use contain an arbitration agreement, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Under the arbitration agreement, (1) you will only be permitted to pursue claims against outrange on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

In addition, when using certain components of the Site, you will be subject to any additional terms, policies, rules or guidelines applicable to the Site or such components of the Site that may be posted on the Site from time to time, including, without limitation, the privacy policy (located at ) (“Privacy Policy”) and any guidelines applicable to any components of the Site. All such terms are hereby incorporated by reference into these Terms of Use.

All aspects in the Terms of Use are in coherence with the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”).

Access and Use of the Site

Modifications to Site: Outrange reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Outrange will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site.

General Practices Regarding Use and Storage: You acknowledge that Outrange may establish general practices and limits concerning use of the Site, including without limitation the maximum period of time that data or other Content will be retained by the Site and the maximum storage space that will be allotted on Outrange’s servers on your behalf. You agree that Outrange has no responsibility or liability for the deletion or failure to store any data or other Content maintained or Uploaded by the Site. You further acknowledge that Outrange reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Use

User Conduct: In addition to any applicable guidelines or policies that may govern specific components of the Site, you agree to comply with the following conditions in using the Site. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“Content”) that you Upload, post, publish or display (hereinafter, “Upload”) or email or otherwise transmit via the Site. Outrange reserves the right to investigate and take appropriate legal action against anyone who, in Outrange’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Site, of such violators and reporting you to the law enforcement authorities. The following are examples of the kind of Content and/or use that is illegal or prohibited by Outrange.

Restrictions

You agree to not use the Site to:

Commercial Use: Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or Upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Intellectual Property Rights

Intellectual Property Rights

The Outrange name and logos are trademarks of Turbostart Sales Growth LLP (collectively the “Outrange Trademarks”). Other trademarks used and displayed via the Site may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Outrange. Nothing in this Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Outrange Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Outrange Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Outrange be liable in any way for any Content or materials of any third parties (including founders, investors or other users), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You acknowledge that Outrange does not pre-screen Content, but that Outrange and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Site. Without limiting the foregoing, Outrange and its designees will have the right to remove any Content that violates these Terms of Use or is deemed by Outrange, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. ‍

User Content Transmitted Through the Site: With respect to the Content or other materials you Upload through the Site or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By Uploading any User Content you hereby grant and will grant Outrange and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, Upload, perform, distribute, store, modify and otherwise use your User Content for any Outrange related purpose in any form, medium or technology now known or later developed.

User Content Transmitted Through the Site: With respect to the Content or other materials you Upload through the Site or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By Uploading any User Content you hereby grant and will grant Outrange and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, Upload, perform, distribute, store, modify and otherwise use your User Content for any Outrange related purpose in any form, medium or technology now known or later developed.

Without limiting the foregoing, you acknowledge and agree that Outrange may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Outrange, its users and the public. You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Without limiting the foregoing, you acknowledge and agree that Outrange may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Outrange, its users and the public. You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Outrange will process and investigate notices of alleged infringement and will take appropriate actions under the Copyright Act, 1957 and as amended by Copyright (Amendment) Act, 2012 (“Copyright Act”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A written notification of claimed copyright infringement should be faxed or mailed to:

Turbostart Sales Growth LLP

Address: 161, 204, Khata no. 941/161, 204/01, Vibhuthipura, Doddanekkundi, Bangalore – 560 037, Karnataka, India.

To be effective, the notification must be in writing and contain the following information:

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to Upload and use the Content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

Third Party Websites

The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third party applications. Outrange has no control over such sites, resources or applications and Outrange is not responsible for and does not endorse such sites, resources or applications. You further acknowledge and agree that Outrange will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that Outrange is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold Outrange and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site or any related information, any User Content, your violation of these Terms of Use or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUTRANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUTRANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUTRANGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OUTRANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL OUTRANGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED INR 5,000 (INDIAN RUPEES FIVE THOUSAND).

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUTRANGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OUTRANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL OUTRANGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED INR 5,000 (INDIAN RUPEES FIVE THOUSAND).

Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

‍This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Use as the “Arbitration Agreement” You agree that any and all disputes or claims that have arisen or may arise between you and Outrange, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Site, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of any court of law, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and Outrange are each waiving the right to participate in a claim in any court of law. Your rights will be determined by a neutral arbitrator, nor a judge. The Arbitration and Conciliation Act, 1996 governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Direct and Representative Claims in any Court of Law and Non-Individualized Relief

‍YOU AND OUTRANGE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY DIRECT OR REPRESENTATIVE CLAIM OR PROCEEDING. UNLESS BOTH YOU AND OUTRANGE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLAIM. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). SUCH RELIEF SHALL BE BINDING ON ALL ACCOUNTS.

Pre-Arbitration Dispute Resolution

can be resolved quickly and to the user’s satisfaction by emailing us at or . If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Outrange should be sent to Turbostart Sales Growth LLP, 161, 204, Khata no. 941/161, 204/01, Vibhuthipura, Doddanekkundi, Bangalore – 560 037, Karnataka, India (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Outrange and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Outrange may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Outrange or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Outrange is entitled.

Arbitration Procedures

‍Arbitration will be conducted by a neutral arbitrator in accordance with the Arbitration and Conciliation Act 1996 and any rules and procedures thereof (collectively, the “Arbitration Act”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the Arbitration Act or Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will preside, provided that the application of this Arbitration Agreement does not expressly contradict the Arbitration Act. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Outrange and you agree otherwise, any arbitration hearings will take place in Bangalore. If the parties are unable to agree on a location, the determination shall be made by arbitrator. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

‍Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the Arbitration Act and applicable rules thereof, unless otherwise provided in this Arbitration Agreement.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

‍Future Changes to Arbitration Agreement

‍Notwithstanding any provision in this Terms of Use to the contrary, Outrange agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Site, you may reject any such change by sending Outrange written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

‍General

‍These Terms of Use constitute the entire agreement between you and Outrange and govern your use of the Site, superseding any prior agreements between you and Outrange with respect to the Site. These Terms of Use will be governed by the laws of India without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Outrange agree to submit to the personal and exclusive jurisdiction of the courts located within Bangalore, Karnataka. The failure of Outrange to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree 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 Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Use without the prior written consent of Outrange, but Outrange may assign or transfer this Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Site.

Your Privacy

At Outrange, we respect the privacy of our users. For details please see our Privacy Policy. By using the Site, you consent to our collection and use of personal data as outlined therein.

‍Contact Us

‍Please contact us at info@outrange.co to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Site.

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