Out in Tech
Last Updated: June 1, 2021
- What information do we collect?
Register to Join Out in Tech on Slack
If you register to join Out in Tech on Slack, we may have access to some of your third-party account information from that service, as well as information you put in the registration form, such as your name, email address and other information as requested during registration, as authorized by Slack. You should review Slack’s data policy for more information about its data privacy collection practices.
Registering for Events Through Third Party Platforms
If you register for an event through a third-party platform, such as EventBrite or Splash, we may have access to some of your third-party account information from that service, as well as information you put in the registration form, such as your name, email address, job title, company, how you identify and other information as requested on that form, as authorized by that service. You should review such third party platform’s data policy for more information about its data privacy collection practices.
Registering for Events Through Survey Administration App
Applying for Volunteer Opportunity Through A Survey Administration App
Applying to Become a Recipient of OIT’s Program Services Through A Survey Administration App
Applying to OIT’s Qorporate® Job Listings. From time to time, OIT may post job listings on behalf of its Qorporatemembers. OIT may provide a feature which allows you to submit your resume to OIT of which OIT will then forward to the relevant Qorporate member.
Program & Activity Updates. We may collect your name, email address and city if you sign up to receive emails, invites and newsletters from us regarding our programs and activities relevant to your city.
Products, Services and Customer Support. We may collect your name, email address and telephone number to the extent necessary for us to provide the products and services that you have ordered, requested or are offered and order confirmations (or other transactional information) and/or to provide customer support.
Online Surveys. We may collect your name, email address and city if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our users.
As is true of most websites, we gather certain information automatically and store it in log files. When you use our Services, we may collect certain information automatically from you, which may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. To collect this information, a cookie may be set on your computer or device when you visit our Services. Cookies contain a small amount of information that allows our web servers to recognize you. We store information that we collect through cookies, log files, and/or clear gifs to record your preferences. We may also automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services. In some countries, including countries in the European Economic Area (“EEA”), some of the information referenced above in this paragraph may be considered personal information under applicable data protection laws. You can set your browser to remove or reject cookies; however some Site features or Services may not work properly without cookies.
2. How is collected information used and stored?
Legal Basis For Processing. When we process your information we will only do so where at least one of the following applies:
Provide our service to you: Most of the time, the reason we process your information is to perform the contract that you have with us. For example, if you subscribe to our listserv by providing us with your name, email address and city, we use this information to send you emails, invites and newsletters regarding our programs and activities relevant to your city. If you register for an event by proving us with information such as your name and email address, we use this information to check you in when you arrive at the event and notify you of any event updates. If you apply for a volunteer opportunity and provide us with information such as your name, email address, your phone number, how you identify, your reason for volunteering and other information relevant to the volunteering opportunity, we use such information to evaluate your qualification for the opportunity and appropriately match you with an opportunity. If you apply to become a recipient of one of our program services, such as the Digital Corps, and provide us with information such as your name, email address, your phone number, how you identify, business information and other information relevant to receiving the program services, we use such information to evaluate your qualification to receive the program services.
Legitimate interests: We may use your information where we have legitimate interests to do so. For instance, for users who apply for a volunteer opportunity and go through a background check conducted by our background check service provider, we use the results provided to us by our background check service provider to ascertain the eligibility of such applicant for the opportunity applied for (e.g. a mentorship opportunity). Also, we analyze users’ behavior on our Services to continuously improve our Services and for market research purpose. We track aggregate data to gauge our progress with diversity, inclusion and belonging (to ensure we are serving all members in our community), as well as our progress in terms of achieving our overall nonprofit mission. For example, by compiling information such as job title, company and how you identify on an aggregate basis (Personal Data excluded), we track our progress in terms of attracting users from various employment levels, companies and identification to our programs and events. We process information for administrative, fraud detection and other legal purposes.
Consent: From time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by contacting us at the address provided at firstname.lastname@example.org
Legal Compliance: When it is necessary for us to use your information to comply with a legal obligations.
Third party service providers. We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, event management, survey administration, social media management, background check, payment processing and authorization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. We authorize them to use this Personal Data only in connection data security and privacy standards.
Corporate Sponsors and Members. As part of our mission to create opportunities for our members to advance their careers, we may share your name, email address, job title, organization and Linkedin profile, with trusted corporate sponsors and members solely for the purpose of recruiting and hiring. We will not share your demographics data (e.g., gender, race) with our corporate sponsors and members. As mentioned above, demographics data will be used for our internal research purposes, compiled and analyzed on an aggregate basis (Personal Data excluded) which does not identify you.
Legal requirements. We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency or other public authorities) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.
Your consent. If we intend to use any of your Personal Data collected in any manner that is not specified herein, we will inform you of such anticipated use prior to or at the time at which such Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use. In short, we will honor the choices you make regarding your Personal Data and will inform you about any other intended uses of such information.
4. Linking to or from Third Party Platforms.
Users may follow OIT on Facebook, Twitter, Instagram and Slack. Users should click on the hyperlinks for each site to review the applicable privacy policies for more detail about information collected from these sites.
5. How Does OIT Comply with the Children’s Online Privacy Protection Act?
Our Services are directed toward a general audience and are not directed at nor intended for use by children. We do not knowingly collect information from children under the age of 13 without parental consent. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com .
We will delete such information from our files within a reasonable time.
6. What are my data protection rights under GDPR?
If you are located in certain countries, including those that fall under the scope of the GDPR, data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
- Request access to your Personal Data;
- Request correction or deletion of your Personal Data;
- Object to our use and processing of your Personal Data;
- Request that we limit our use and processing of your Personal Data; and
- Request portability of your Personal Data.
You can usually access, correct, or delete your personal data by contacting us at firstname.lastname@example.org . EU individuals also have the right to make a complaint to a government supervisory authority.
7. Data Transfers
OIT’s Services are hosted by WordPress. WordPress delivers an industry-leading network of state-of-the-art data centers located around the world. Like OIT, helping to protect the confidentiality, integrity, and availability of customer data is of the utmost importance to WordPress, as is maintaining customer trust and confidence. WordPress is certified under the US-EU and US-Swiss Privacy Shields and, in compliance with the Privacy Shield Principles, act as our agent with regard to data privacy. For more details of WordPress’s privacy and security processes, please visit https://automattic.com/privacy/ . By using the service, you consent to your personal information being transferred to our servers as set out in this policy.
8. How long does OIT retain information collected?
We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate. We retain Personal Data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods (i) mandated by law, contract or similar obligations applicable to our business operations; (ii) for preserving, resolving, defending or enforcing our legal/contractual rights; or (iii) needed to maintain adequate and accurate business and financial records. If you have any questions about the security or retention of your Personal Data, you can contact us at email@example.com .
9. What is OIT’s Security Policy?
We have implemented reasonable administrative, technical and physical security measures to protect your personal information against unauthorized access, destruction or alteration. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Services. However, although we endeavor to provide reasonable security for information we process and maintain, no security system can ever by 100% secure.
10. How Does OIT Respond to “Do Not Track” Signals?
“Do Not Track” is a feature enabled on some browsers that sends a signal to request that a web application disable its tracking or cross-site user tracking. At present, OIT does not respond to or alter its practices when a Do Not Track signal is received.
12. Contact Us
If you have any questions regarding privacy while using our Services, or have questions about our practices, please contact us via email at firstname.lastname@example.org.
TERMS OF SERVICE
Out in Tech
Last Updated: June 1, 2021
The website located at www.outintech.com (the “Site”) is a copyrighted work belonging to Out in Tech Inc., a New York 501 (c)(3) nonprofit organization (“OIT”, “us”, “our”, and “we”). These are the Terms of Service (the “Terms” or “TOS”) that govern our relationship with you, as well as OIT brands, the Site, OIT programs, workshops, events, job boards, blogs, social media channels and other existing and future programs, products and services, owned, operated or offered by OIT (altogether, the “Services”).
Certain features of the Services may be subject to additional guidelines, terms, or rules, such as the OIT Code of Conduct, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
By accessing or using OUR SERVICES, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). you may not access or use OUR SERVICES or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use OUR SERVICES.
These terms require the use of arbitration (Section 9.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
2. Access to the Site
2.1. License. Subject to these Terms, OIT grants you a non-transferable, non-exclusive, revocable, limited license to use and access our Services solely for your own personal, noncommercial use or authorized commercial use.
2.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit our Services, whether in whole or in part, or any content displayed on our Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our Services; and (c) except as expressly stated herein, no part of our Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of our Services shall be subject to these Terms. All copyright and other proprietary notices on our Services (or on any content displayed on our Services) must be retained on all copies thereof.
2.3 Modification. OIT reserves the right, at any time, to modify, suspend, or discontinue any Services (in whole or in part) with or without notice to you. You agree that OIT will not be liable to you or to any third party for any modification, suspension, or discontinuation of our Services or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that OIT will have no obligation to provide you with any support or maintenance in connection with our Services.
2.5. Trademarks and Logos. Your use of the Services does not grant you any license or right to use trademarks owned by OIT or OIT’s sponsors, partners, donors, members or vendors (altogether, “OIT Parties”). All trademarks, logos, service marks, trade names and trade dress, which includes “Out in Tech” and the OIT “power-on” logo (collectively, the “Trademarks”) displayed on the Services are registered or unregistered trademarks of OIT, OIT Parties and/or others, and may not be used unless authorized by the Trademark owner. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services.
2.6. Ownership of Services and OIT Content. All content or derivative works therefrom you see using our Services, unless submitted by you, are owned or licensed by OIT or third parties. Your use of the Services does not give you ownership to those content. You agree that the Services contain content specifically provided by OIT, OIT Parties and other users (the “OIT Content” or “Content”) and that such OIT Content is protected, (individually or as a collective work or compilation) by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, US and international. The elements of the OIT Content include without limitation, the user interface, interactive features, button icons, content, software, code, data, art, graphics, animation, videos, images, text, music, videos, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, navigation, compilation, trade dress and stylistic convention of the Services and other materials you may view on or access through the Services. Your use of the Services does not give you ownership of any OIT Content.
2.7. Your Content. Although OIT does not claim ownership of content that its users post, by posting content to any area of the Services (which includes your resume, your comments to the blog), you automatically grant, and you represent and warrant that you have the right to grant, to OIT an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses of the foregoing.
2.8. Your Submissions. When you submit ideas to OIT, we are not obligated to use your ideas, nor are we obligated to compensate you if we use your ideas, nor are we obligated to keep your ideas confidential. You may choose to or we may invite you to submit comments or ideas about the OIT Services (“User Submission“). By submitting any User Submission, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place OIT under any fiduciary or other obligation, and that you grant to OIT an irrevocable, worldwide, perpetual and royalty-free license to use, incorporate, modify, improve upon, and create derivative works of the User Submission and all intellectual property and moral rights therein without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, OIT does not waive any rights to use similar or related ideas previously known to OIT, or developed by its employees, or obtained from sources other than you.
3. Prohibited User Conduct. To enable other users to enjoy our Services, and to enable us to continue to deliver those Services, we kindly ask that our users abide by some rules when assessing our Services. When accessing or using the Services, you agree that you will not, nor will you assist or permit any person, organization or entity to:
a. violate the OIT Code of Conduct. You agree to terms of the OIT Code of Conduct to apply to all your interactions with the members of the OIT community;
b. contribute content which you do not solely have the right to make available under applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or that is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of OIT or a third party;
c. post any content that is false, inaccurate or misleading;
d. “crawl” the OIT Services or otherwise use any automated means (including bots, scrapers, and spiders) to view, access or collect information from OIT or the OIT Services;
e. remove or alter any copyright, trademark, or other intellectual property notices contained on the OIT Content or the OIT Services or provided through the Services (including for the purpose of disguising or changing any indications of the ownership or source of any OIT Content);
f. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OIT, our licensors or users without their express prior written consent, or use any meta tags or any other “hidden text” utilizing OIT’s name or trademarks without our prior written permission;
g. impersonate or misrepresent your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
h. post unauthorized commercial communications (such as spam) on OIT Services; artificially promote OIT Content by automated means or otherwise; transmit unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
i. bully, intimidate, harass or stalk any user;
j. post content that: is abusive, defamatory, hate speech, harmful, obscene, offensive, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
k. use OIT Services to do anything illegal, misleading, malicious, or discriminatory;
l. upload malware, Trojan horses, viruses or other malicious code;
m. circumvent any technology used by OIT, OIT Parties, or any third party to protect the OIT Content or OIT Services;
n. circumvent any territorial restrictions applied by OIT or its licensors;
o. do anything that could disable, disrupt, or impair the proper working of OIT Services, such as a denial of service attack or interference with other OIT Services functionalities; tamper with, breach, or attempt to probe, scan, or test for vulnerabilities in the Service or OIT’s computer systems, network, usage rules, or any of OIT’s security components, authentication measures or any other protection measures applicable to the Service, the OIT Content or any part thereof; or
p. do anything that may create liability or damages to OIT, as determined in OIT’s sole discretion.
You alone are responsible for the consequences of any of your activities while you are visiting or using the Services. OIT has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
4. Indemnification. You agree to indemnify and hold OIT, its contractors, and licensees and each of their respective officers, employees, and agents harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of our Services, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. OIT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of OIT. OIT will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-Party Links; Other Users
5.1. Third-Party Links. The Services may contain links to third-party websites and services (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of OIT, and OIT is not responsible for any Third-Party Links. OIT provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
5.2. Other Users. Your interactions with other Service users are solely between you and such users. You agree that OIT will not be responsible for any loss or damage incurred as the result of any such interactions, whether on or off the Services. If there is a dispute between you and any Services user, we are under no obligation to become involved.
5.3. Release. You hereby release and forever discharge the OIT (and our directors, officers, employees, volunteers, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Service users or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND OIT AND OIT PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE AND OIT PARTIES MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR BUSINESS, CAREER OR PERSONAL NEEDS, REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OIT (OR OIT PARTIES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SERVICES, EVEN IF OIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE US DOLLAR (U.S. $1.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR VENDORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use our Services. We may suspend or terminate your rights to use the Services at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Services will terminate immediately. OIT will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1 through 9.
9.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with OIT and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any program, product or service provided by the OIT that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the OIT, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the OIT should be sent to: email@example.com . After the Notice is received, you and the OIT may attempt to resolve the claim or dispute informally. If you and the OIT do not resolve the claim or dispute within sixty (60) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in New York County, New York, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or the OIT pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the OIT, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the OIT.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the OIT in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE OIT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with OIT.
(m) Small Claims Court. Notwithstanding the foregoing, either you or the OIT may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York County, New York, for such purpose
9.3. Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from OIT, or any products utilizing such data, in violation of the United States export laws or regulations.
9.4. Electronic Communications. The communications between you and OIT use electronic means, whether you use the Site or send us emails, or whether OIT posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from OIT in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OIT provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
9.5. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without OIT’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. OIT may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
9.6. Copyright/Trademark Information. Copyright © 2021 Out in Tech Inc. All rights reserved. All trademarks, logos and service marks (“Trademarks”) displayed on our Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Trademarks.
9.7. Contact Information: