Agreement to Terms
These Terms and Conditions ("Terms") govern your access to and use of the website located at outwardmedia.com and the services provided by Outward Media, Inc. ("OMI," "we," "us," or "our"). By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
Services Description
OMI provides B2B data solutions, audience activation services, email marketing, intent monitoring, and related marketing services to business clients. The specific services provided to any client are governed by a separate services agreement or order form entered into between OMI and that client.
These Terms apply to your general use of our website and do not supersede any executed client service agreement.
Use of Our Website
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others. You agree not to:
- Use our website in any way that violates applicable federal, state, or international law or regulation
- Transmit any unsolicited or unauthorized advertising or promotional material
- Attempt to gain unauthorized access to any part of our website or its related systems
- Use automated tools (bots, scrapers, crawlers) to access or extract content from our website without our express written consent
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our website
Intellectual Property
All content on this website, including but not limited to text, graphics, logos, images, audio clips, data compilations, and software, is the property of OMI or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may access and view the content on our website for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent.
Trademarks
The OMI name, logo, "Living File," and all related names, logos, product and service names, designs, and slogans are trademarks of Outward Media, Inc. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
Disclaimer of Warranties
YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OMI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
OMI does not warrant that our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the servers that make it available are free of viruses or other harmful components.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; OR (iii) ANY CONTENT OBTAINED FROM THE WEBSITE.
Third-Party Links
Our website may contain links to third-party websites or resources. These links are provided for your convenience only. OMI has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. You access third-party websites at your own risk and subject to the terms and conditions of use for such websites.
Privacy
Your use of our website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
Indemnification
You agree to defend, indemnify, and hold harmless OMI, 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 our website.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provisions.
Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Los Angeles County, California, and you hereby consent to personal jurisdiction and venue in such courts.
Changes to Terms
We reserve the right to update or modify these Terms at any time and in our sole discretion. If we make material changes, we will notify you by updating the date at the top of this page. Your continued use of our website after any changes constitutes your acceptance of the new Terms.
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by OMI on the website, shall constitute the entire agreement between you and OMI concerning the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
Contact Us
If you have questions about these Terms, please contact us:
Outward Media, Inc.
9229 West Sunset Blvd, Suite 410
Los Angeles, CA 90069
Phone: 310-274-5312
Email: legal@outwardmedia.com
