Agreement between User and Outliers Creative, LLC
This Agreement and Terms of Use (the “Agreement”) governs your use of the 82717life.com website (the “Site”) and all digital services from Outliers Creative, LLC, a Wyoming limited liability company (“OC”), carrying the “82717” name.  The Site is offered to you and our digital services (the “Services”) are made available to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).  We provide digital services through this Site and on third party platforms and devices.  Your use of the Site and Services constitutes your agreement to all such Terms.  Please read these terms carefully, and keep a copy of them for your reference.

82717life.com is a news and information site where the people of Campbell County, Wyoming, and those with an interest in our area, can come together for news, information, and discussion.  Everyone at OC works hard to deliver quality, locally-relevant news to this community.  This Site is comprised of various web pages operated by OC and other digital services.

Electronic Communications
Visiting our Site or sending emails or other communications (posts, comments, etc.) to OC constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this Site or our Services, and sign up for an account or to receive information, emails, or share data with the Site, you are subject to our Privacy Policy.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you accept exclusive responsibility for all activities that occur under your account or password.  You may not assign or otherwise transfer your account to any other person or entity.  You acknowledge that OC is not responsible nor liable for third party access to your account that results from theft or misappropriation of your account.

OC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.  This necessarily includes the right of OC to remove or edit content or to block users who access OC controlled and “82717” branded social media sites and pages, including our pages on Facebook, Instagram, and Twitter.

If you participate in any of our Services through an account, including commenting on OC controlled and “82717” branded social media sites and pages, you are required to do so under your own first and last name (as the name that is displayed, not your username).

Children Under Thirteen
OC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.  If you are under 18, you may use the Site and our Services only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services
Our Site and Services may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of OC and OC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  OC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OC of the site or any association with its operators.

Certain services made available via the Site are delivered by third parties (e.g. Email alerts and social media).  By using any product, service or functionality originating from the 82717life.com domain (or any sub-domains or other domains under the control or management of OC) or our Services, you hereby acknowledge and consent that OC may share such information and data with any third party with whom OC has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use.  As a condition of your use of the Site, you warrant to OC that you will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or Services.

All content included as part of the Site and our Services, such as text, graphics, logos, images, video, metadata, as well as the compilation thereof, and any copyrights, trademarks, service marks, trade names, and other data rights, and any software used on the Site (collectively the “Protected Content”), is the property of OC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

We work hard to deliver quality content and we want to protect it.  You agree and understand that any unauthorized or prohibited use of our Protected Content or Services is a breach of this Agreement and may further be a violation of local, state, and federal laws, or subject you to civil liability and/or criminal prosecution.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or through our Services.  OC content is not for resale or reuse in other non-approved forms.  Your use of the Site and Services does not entitle you to make any unauthorized use of any Protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OC and the copyright owner, if applicable.  You agree that you do not acquire any ownership rights in any Protected Content.  We do not grant you any licenses, express or implied, to the intellectual property of OC or our licensors except as expressly authorized by these Terms and with the following specific exceptions:

• You may occasionally distribute a copy of a story, “pitch”, or article, or a portion of the same, in non-electronic form (i.e. Printed) to a few individuals, provided you include all applicable copyright and other notices in the same form they are originally displayed on the Site and our Services, and include applicable source identification and the phrase, “Originally from 82717 – Used with Permission – 82717life.com”.  If you desire to distribute a story, “pitch”, or article to a larger group of people, please contact OC.

• You may post a story, “pitch”, or article to social media (e.g. Facebook, Instagram, Twitter) with a link back to the original content on the Site so long as you do not violate any of the terms of this Agreement.

• You may forward our email notifications and other alerts to other users, so long as the forward includes the entirety of the original email or notification.

You also agree not to modify, rework, or remove from context the Protected Content available through the Site and Services.  The Protected Content may not be displayed, posted, framed (e.g. <iframe>), or accessed and reused on any other website, blog, or other system, service, or media, except as specifically provided and permitted within this Agreement.

Educational and scholarly works may use the Protected Content with proper attribution to the original source in a generally accepted citation format (e.g. APA or MLA).

You may not access parts of the Site or Services to which you are not permitted or specifically provided access.

Without written and authorized pre-approval from OC, you may not use the Protected Content or any OC protected material on the Site or the Services in any commercial product or service, or for any political campaign, promotion, political action committee, or other non-personal use.

Use of Communication Services
The Site may use and/or include “Communication Services” including, but not limited to: bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group, and OC may share content or posts to social media sites (including Facebook, Instagram, Twitter, or others) where interaction with content and other users may occur.  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service, and that when using services of third parties where content of the Site or OC is shared and/or made available, when referring to Site or OC content, when sharing Site or OC content, or when commenting on or interacting with Site or OC content to be bound by these Terms.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; knowingly distribute or disseminate false information to mislead others or link to sites which do the same; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages, or you are under contract with OC for such advertising services; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

OC has no obligation to monitor the Communication Services.  However, OC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  OC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.  OC does not control or endorse the content, messages or information found in any Communication Service and, therefore, OC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.  Managers and hosts are not authorized OC spokespersons, and their views do not necessarily reflect those of OC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations if you upload the materials.

When using third party services (e.g. Facebook, Instagram, and Twitter), those individual sites and companies may impose additional terms and conditions for the use of their site and services.  You understand, however, that these Terms, with regard to content of this Site or OC, or upon pages upon those platforms controlled by this Site or OC, are still subject to and governed by these terms and conditions.

Materials Provided to 82717life.com or Posted on Any OC Web Page or Service
OC does not claim ownership of the materials you provide to OC (including feedback and suggestions or interactions you may engage in with third party providers with regard to OC content) or post, upload, input or submit to any OC Site or Services or our associated third party services (collectively “Submission(s)”).  However, by posting, uploading, inputting, providing or submitting your Submission you are granting OC, our affiliated companies and necessary sublicensees unrestricted permission to use your Submission in connection with the operation of our/their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.  OC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in OC’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission(s).

Third Party Accounts
You may be able to connect your Site account to third party accounts.  By connecting your Site account to your third party account(s), you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites).  If you do not want information about you to be shared in this manner, do not use this feature.

Disclosure of Sensitive or Privacy Policy Protected Information
Though we respect and care deeply about the privacy of our users, you understand that in response to a valid order of a court or other governmental body of the United States or any political subdivision thereof, or when we believe the disclosure to any local, state, or federal court, agency, department, or other body, is in the best interests of you or OC, at our sole discretion, OC reserves the right to and will disclose information that may be subject to our Privacy Policy, including your name, any Submissions, contact information, data access records, or any other data in our possession.

International Users & Data Storage
The Service is controlled, operated and administered by OC from our offices within the State of Wyoming in the United States.  OC contracts with service providers and vendors who utilize datacenters and facilities within the United States and your information and data may be stored and processed here.  If you access the Service from a location outside the United States, you are responsible for compliance with all local laws and consent to the transfer of your information outside of your country.  You agree that you will not use the OC content accessed through the Site or our Services or any third parties in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Availability of Service(s) through Other Platforms and Third Party Services
If you access our Site or Services through a mobile application, third party platform, or social media provider (e.g. Facebook, Instagram, Twitter), those providers and third parties may have applicable end user license agreements or terms and conditions and those terms may apply to you in addition to the terms of this Agreement.

Contests & Promotions
Periodically OC and our advertisers and service providers, or other third parties, may conduct promotions, including contests and sweepstakes, or other activities on the Site or through our Services.  Participation in these activities may allow you to win a prize.  If applicable, any contests or promotions will include additional terms and conditions, or eligibility requirements, which will be clearly displayed and made available to you for review.

Cookies
OC and our service providers utilize cookie technology on the Site and Services.  Our use of cookies helps us provide you with the best possible experience when visiting the Site and using our Services.  We use session cookies (primarily for website functionality including search filters, user authentication, and playback of multimedia content) and persistent cookies (used to track your behavior for analytics).  For more information, please read our Privacy Policy.

Indemnification
You agree to indemnify, defend and hold harmless OC, its officers, directors, employees, agents, successors, assigns, affiliates, subsidiaries, holding companies, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  OC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OC in asserting any available defenses.

Arbitration & Class Action Waiver
In the event that you and OC are not able to resolve any dispute between us arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, the exception being statutory or common law claims related to intellectual property or any dispute that qualifies for small claims court, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act (the “FAA”), conducted by a single neutral arbitrator (the “Arbitrator”) and administered by the American Arbitration Association (“AAA”), or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties within the State of Wyoming.  Though the FAA shall govern the interpretation and enforcement of this provision, both you and OC understand that Wyoming law shall apply to any arbitration under this section.  The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction within the County of Campbell in the State of Wyoming, or for matters involving federal courts, the County of Natrona in the State of Wyoming.  In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including Tort claims that are a result of these Terms of Use, with exception only for specific provisions provided within this Agreement.  The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.  This arbitration provision shall survive the termination of these Terms of Use.

You agree and understand that by using this Site and our Services, and by therefore entering into this Agreement, that you and OC are both waiving our rights to trial by jury, except within the specific exclusions detailed within this Agreement.

Class Action Waiver
Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.  The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other.  Further, unless both you and OC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE AND OUR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  OUTLIERS CREATIVE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AND TO OUR SERVICES AT ANY TIME.

OUTLIERS CREATIVE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR OUR SERVICES FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  OUTLIERS CREATIVE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUTLIERS CREATIVE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR OUR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OUTLIERS CREATIVE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND OUR SERVICES.

Termination/Access Restriction
OC reserves the right, in its sole discretion, to terminate your access to the Site and Services and the related services or any portion thereof at any time, without notice.  To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wyoming and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Wyoming in all disputes arising out of or relating to the use of the Site or our Services.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

General Provisions

No Joint Venture
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OC as a result of this Agreement or use of the Site or OC’s Services.  OC’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or Services or information provided to or gathered by OC with respect to such use.

Severability
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and OC with respect to the Site and our Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OC with respect to the Site and the Services.

Electronic Form
A printed version of this Agreement and of any notice given in electronic form shall 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.

Changes to Terms
OC reserves the right, in its sole discretion, to change the Terms under which the Site and our Services are offered.  The most current version of the Terms will supersede all previous versions.  OC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
OC welcomes your questions or comments regarding the Terms:

Outliers Creative, LLC
P.O. Box 3825
Gillette, Wyoming 82717
307-686-5121 – phone
legal@outlierscreative.com – email

Last updated October 27, 2017