This Agreement sets forth the terms of purchase for your purchase Services provided by Standoutin90Sec, LLC.
By placing your Order with Standoutin90Sec, LLC (the “Company”), by clicking “accept,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the Company website or the applicable purchase page and discontinue use of the Services immediately.
In these terms and conditions, “We/us/our/Standoutin90Sec” means Standoutin90Sec, LLC. “You/your” means you as a user of the Website and/or Customer of the Services.
The Company, through a custom process, creates a feature interview recording which is published on the YouTube channel – https://www.youtube.com/c/StandOutin90Sec – as part of an interview series, and which may also be distributed online through a variety of social media and other digital channels. The Services will be provided as indicated on the Company Website or scheduling page, but generally includes the interview and video creation process, as well as distribution and sharing online via YouTube, as well as providing support to Participant if Participant shares the video online via the LinkedIn platform.
There are various levels of Services, as described below:
- Interview – Student: This service is provided for student guests on the show with super subsidized pricing
- Interview – Beginner: This service is provided for beginners with less than one year of experience with subsidized pricing
- Interview – Professional: This service is provided for career professionals (with more than one year of experience).
Participant’s Rights (License). Once the final, edited, interview recording has been created and is ready for publishing and distribution, Company will provide you with a copy of the recording. The company retains ownership rights in the original recording including all copyrights; however, as a participant in the Services, you are granted a non-exclusive, irrevocable, worldwide license to access, use, and display or share the recording as a feature video on your website or via your social media accounts, or other online account or platform, including via email, for any purposes including marketing or advertising. You may also repurpose the video as you wish (i.e. utilize or access clips, or use portions of the video in other marketing or video assets).
Participant’s Obligations. You agree with any Company requirements to participate in the Services that are posted on the Company Website or scheduling page, including to reasonably cooperate in scheduling and attending the Services, and in the event of cancellation or rescheduling, working with the Company to timely reschedule. If you need to repeat or re-record your answer to one of your questions asked during the interview, you agree to notify the Company during the interview so it can be re-recorded at that time. The company will not entertain any requests for revisions or editing once the final video recording has been produced. The company also strongly encourages Participants to 1) share the final video recording via Participant’s social media accounts, including LinkedIn, 2) to share the video recording as a feature video on Participant’s LinkedIn account, and 3) to subscribe to Company’s YouTube channel to stay connected with the growing community of participants in Company’s interview series.
Payment. Payment is required before scheduling the Services, as indicated on the Company Website or scheduling page, and maybe a one-time fee, or a monthly or another recurring fee, as applicable. Please check the details of the Company Website or scheduling page for the information specific to your Services. You agree to pay the amount agreed for the Services selected. The Company is not responsible for any overdraft charges, over-limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be prepaid or by instalment, as indicated on the Company Website or scheduling page. Failure to make an instalment payment will result in suspension or termination of the Services. The Company does not guarantee any specific results from the use of the Services. The Company does not make any representations or warranties as to specific outcomes or results.
Refund Policy. No refunds are available for the Services at this time. Please ensure that the Services are a fit for you before purchasing.
Term. This Agreement will be effective consistent with the term indicated on the Company Website or scheduling page or until Services are completed. Failure to pay for the Services consistent with the Service requirements will result in termination of the Services before the end of the applicable term, and your access to the Services will be discontinued.
Reservation of Rights. Company reserves the right to remove you from the Services for cause, whether a breach of these Terms, or an act of misfeasance against the Company or a representative of the company, or if in its sole discretion, it determines that you are not a fit for the Services. Such a determination shall be made solely by Company. You agree that your exclusive remedy in such a scenario, if any, will be limited to the refund of any amount paid to participate in the services.
Media Consent. Without expectation of compensation or remuneration, now or in the
future, You give your consent to the Company to capture and include your image, likeness,
and voice, in photographic, video or audio recordings created during the Services, all of which may be used for any commercial purpose, including future marketing
or advertising purposes without limitation.
Data Scraping Prohibited. Data scraping or mining of any kind from this website, any platforms, groups, or online forums operated by the Company is strictly prohibited. Copying, removing, or otherwise scraping data, information or content, regardless of the reason, from the website, or any platform, group, or online forum operated by the Company is a violation of these Terms and will result in your immediate removal from any services offered by the Company, including from within any platforms, groups, or online forums associated with those services, without refund or recourse, which decision shall be in the sole discretion of the Company.
Disclaimer. USE OF THE SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. The Company and its employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Services or any content provided as part of the Services. The Services provided by the Company are for educational and informational purposes only, and you bear sole responsibility for the use and implementation of these services in your personal or professional life. You are free to reject any advice, suggestions or requests made during the Services at any time. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve. THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE NOT SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS, SERVICES OR PROGRAMS OFFERED HEREIN OR IN CONNECTION HEREWITH DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY. ALL LIABILITY CONCERNING ANY DECISION, ACTION OR OUTCOME FOLLOWING THE PRESENTATION OF INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES OR WEBSITE.
Earnings Disclaimer. RESULTS ARE NOT GUARANTEED. Any statement made on the website or in the Services regarding income or earnings are provided as examples only and do not guarantee you future earnings or income. Please note that the stated results are not typical and there is no guarantee that you will achieve the same or similar results. As with any endeavour, results may vary and depend on a wide variety of factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation. The use of any products or services offered through the Company should be based on your due diligence. You agree that the Company (including its agents, representatives, sponsors, promoters, advertisers or affiliates), are not responsible for the success or failures you experience in your personal or business life.
Relationship. Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
Modification. The Company may modify this Agreement from time to time as required to protect our offerings and services. We will not modify material terms after your purchase without providing notice and obtaining your consent. You agree to be bound by the terms of this Agreement that are in place and posted to the Company’s website at the time of your purchase. You should review this Agreement regularly if you make a recurring purchase or multiple purchases through this Website to keep apprised of any changes.
Assignment. No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement, may be assigned or transferred by the Company.
Third-Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
Governing Law. This Agreement and any action related thereto shall be governed by the laws of the State of California without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Santa Clara County, California.
Dispute Resolution & Binding Arbitration. In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute: first, by confidential mediation, to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Cupertino, California, which mediation may occur in-person, online (via webcams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate; second, by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH A CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Santa Clara County, California may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Cupertino, California. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Force Majeure. If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to the Company; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction. This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any outlined in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Damage Waiver. Under no circumstances whatsoever shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under this Agreement, arising out of your participation in the Services including due to the actions, statements or behaviour of any third parties or participants of the Services. This provision applies even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in this Agreement, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to the Company for the services.
Intellectual Property. Any supplemental materials, methods, or systems provided to you as part of the Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of the Company. All trademarks, logos, and service marks displayed on any materials provided as part of your Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Services subject to this Agreement should not be construed as granting any license or right to duplicate said content, including trademarks, logos and service marks of the Company or any third party.
Waiver. The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Indemnity. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes the Company to be liable to a third party.
Entire Agreement. This Agreement represents the entire understanding and agreement of the parties relating to the Services purchased, and any prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Services, are of no further force and effect. To participate in certain portions of the Services, you may be notified that you may be required to agree to additional terms and conditions as the Services are revised over time. You may receive a copy of this Agreement at any time by emailing the Company at Ashwin [at] ashwinkrishnan [dot] me and requesting a copy of your “Terms of Purchase.”
Contact. If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at 408.905.7103.
© 2015 – 2022 by The Legal Website Warrior® (www.LegalWebsiteWarrior.com). All Rights Reserved. DO NOT DUPLICATE THESE TERMS OF PURCHASE (OR ANY PORTION THEREOF). THIS CONSTITUTES COPYRIGHT INFRINGEMENT.