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Terms of Service - OutGrown.com

OutGrownTM Terms of Service

IMPORTANT!  These terms of service (TOS) explains the information practices of Slingshot Mobi, LLC (the "Company", together with its successors and assigns, “OutGrownTM”, “we”, “us” or “our), defines the terms agreed upon by each of our users (each, a “user”, “you” or “your”) of the OutGrown.com website (the “Site”) and the OutGrownTM mobile application (the “App”). This TOS covers the Service, the App and any of our related sites, services, tools or applications (together with the Service and the App, collectively, the “Services”).

BY ACCESSING THE SERVICES, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.  THESE Terms of Service ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION.  YOUR USE OF this service AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.  PLEASE CONSULT THESE Terms of Service PRIOR TO EVERY USE FOR ANY CHANGES. It is critical that you keep your email address with OutGrownTM current and valid at all times.

OutGrownTM distributes content supplied by third party merchants and provides consumers with transactional capabilities to connect with buyers through the Services user interface. All items listed on OutGrownTM, are sold by the seller. Company is not responsible for and does not guarantee the performance of any such goods or services sold by the seller.

1. Access To this service 

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE OUTGROWN SERVICE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS SERVICE FOR ANY REASON.  DUE TO THE AGE RESTRICTIONS FOR USE OF SERVICE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.

To access the service or some of the resources it has to offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of this service that all the information you provide on this service will be correct, current, and complete.  If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this service or any of its resources, and to terminate or suspend your access at any time, without notice.

2. Restrictions On Use

You may use this service for purposes expressly permitted by this service.  You may not use this service for any other purpose, without our Company's express prior written consent.  For example, you may not (and may not authorize any other party to) (i) co-brand this service, or (ii) frame this service, without the express prior written permission of an authorized representative of our Company.  For purposes of these Terms of Service, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this service or content accessible within this service.  You agree to cooperate with our Company in causing any unauthorized co-branding or framing immediately to cease.

3. Proprietary Information

The material and content (hereinafter referred to as the "Content") accessible from this service, and any other World Wide Web site and mobile application owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company. Our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content.  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modification or use of the Content except as expressly provided in these Terms of Service violates our Company's intellectual property rights.  Neither title nor intellectual property rights are transferred to you by access to this service. 

By posting content to OutGrownTM, you are agreeing to and stating the following:

1. you own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant to OutGrownTM the rights described in these Terms;

2. you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person who appears and/or is heard in your Content to grant the rights to OutGrownTM described in these Terms
3. you will abide by the terms in Section 10 of this document.
4. Sellers advertising their service online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the service and may lead to the suspension of Seller's account
5. OutGrownTM has no obligation to monitor Content posted by users, however, OutGrownTM reserves the right to edit, remove, or modify content as it deems appropriate, without notice.

 

4. Hyper-Links

This Service may be hyper-linked to other sites which are not maintained by, or related to, our Company.  Hyper-links to such sites are provided as a service to users.  Our Company has not reviewed all of such sites and is not responsible for the content of those sites.  Hyper-links are to be accessed at the user's own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the Services hyper-linked to this service.  Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site.

5. Submissions

We have designed the Services to create an environment that encourages users to post photos and list items for sale and to make it easy for users to browse, discuss and purchase such items. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to OutGrownTM or the Services, shall be collectively referred to as the "Content." The submitting user retains ownership of Content submitted by such user. Notwithstanding the user's ownership of the Content, the submitting user our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this service (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. OutGrownTM has not, and will not, review, monitor or edit the Content for accuracy, authenticity, timeliness, integrity or completeness. OutGrownTM shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or to be illegal or otherwise inappropriate for the Services. OutGrownTM, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of OutGrownTM, users of the Services or the public.

Our Company will treat any personal information that you submit through this service in accordance with its Privacy Policy as set forth on this service.

6. Disclaimer

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this service for the reconstruction of any lost data.  Our Company does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company.  Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment.  Information obtained by using this service is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 

YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.  The Content is provided "as is" and without warranties of any kind, either expressed or implied.  Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT.  Our Company does not warrant that the functions OR CONTENT contained in this service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components.  Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise.  The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time.  You, and not our Company, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF this service OR ITS CONTENT.  Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this service, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this service, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this service if it is not, or is no longer, accurate or complete.

7. Limitation On Liability

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 

8. Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this service.

9. Warranty Disclaimer & Limitations Of Liability

Each user shall indemnify, defend and hold Company and its members, governors, officers, directors, employees and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the Services; his or her submission, posting or transmission of Content or his or her violation of the Terms of Service.

Company is not party to, has no involvement or interest in, makes no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold Company and its members, governors, officers, directors, employees and agents harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others.

Should you have a dispute with one or more users, or an outside party, you release Company and its members, governors, officers, directors, employees and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We encourage users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.

If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor 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."

The Services are only a venue for users to interact with other users to list, discuss, buy and sell items. Company is only providing a service and is not otherwise involved in any transaction between buyers and sellers who use the Services, and Company does not obtain title to any listed or purchased items, nor does it act as a buyer, seller or agent in connection with any such transaction. Company does not control the Content posted to the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content and makes no representation whatsoever with respect to underlying goods posted for sale or sold through the Services. Under no circumstances will OutGrownTM be liable in any way for any Content, including, but not limited to, liability 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 Content posted, emailed or otherwise transmitted or displayed via the Services or as a result of any transaction conducted by any user in reliance on such Content. Each user, by using the Services, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of the Services and any Content, including any reliance on the accuracy, completeness, timeliness, integrity or usefulness of the Services or any such Content.

FOR ANY TRANSACTION THAT IS INITIATED OR CONDUCTED THROUGH THE SERVICES, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR OTHER REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE RELEVANT ITEM(S). PLEASE USE CAUTION AND COMMON SENSE AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICES.

Without limiting the generality of the foregoing, Company advises you that the sale and resale of certain items posted for sale through the Services, such as cribs, car seats and certain toys, may be subject to federal, state or local regulation governing the resale of such items, manufacturers' recalls or other rules and regulations relating to the protection of children and consumers. Any user who posts any such item to the Services represents and warrants that the posting and any resale of such item is in full compliance with all such rules and regulations and is not subject to any such manufacturer's recall. Company makes no representation or warranty whatsoever in connection with the sale or resale of any such item and shall have no liability whatsoever in connection with the improper or illegal sale or resale of any such item by any user.

Company does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside of Company control. When you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply, and Company shall have no liability whatsoever for such charges, rates or other fees.

EACH USER'S USE OF THE SERVICES ARE AT HIS OR HER SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR COMMUNICATIONS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF COMPANY OR CONTENT ACCESSED THROUGH COMPANY (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON COMPANY AND LINKS IN CONTENT ACCESSED THROUGH COMPANY).

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Trademarks

"OutGrown" is a trademark of Slingshot Mobi, LLC. Trademarks, service marks, and logos appearing in this Service are the property of Company or the party that provided the trademarks, service marks, and logos to Company.  Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this service. 

11. Information You Provide

You may not post, send, submit, publish, or transmit in connection with this service any material that:

·        you do not have the right to post, including proprietary material of any third party;

·        advocates illegal activity or discusses an intent to commit an illegal act;

·        is vulgar, obscene, pornographic, or indecent;

·        does not pertain directly to this service;

·        threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

·        seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

·        infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;

·        violates any law or may be considered to violate any law;

·        impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

·        advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this service;

·        solicits funds, advertisers or sponsors;

·        includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

·        disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this service;

·        includes MP3 format files;

·        amounts to a 'pyramid' or similar scheme;

·        disobeys any policy or regulations established from time to time regarding use of this service or any networks connected to this service; or

 

Although under no obligation to do so, our Company reserves the right to monitor use of this service to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, you remain solely responsible for the content of your submissions.  You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission. Our Company reserves the right to modify or discontinue, or prevent access to OutGrownTM without notice to you.

12. Security

Any passwords used for this service are for individual use only. You will be responsible for the security of your password (if any).  Company will be entitled to monitor your password and, at its discretion, require you to change it.  If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  Company reserves the right to investigate suspected violations of these Terms of Service.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. 

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

13. User's Account and Ownership of Rights.

a. Account creation. To post Content on the Service, you are required to create an account by registering with your Facebook account or an email address, username, and password ("Account"). You must provide accurate information upon registration, and you must keep your account information updated frequently. Any use of your Account will be deemed as being used by you, as you shall not share your username and password with others. OutGrownTM is entitled to suspend, block, or remove your Account at its sole discretion and without notice.

b. User Ownership Rights. You retain ownership of your rights in any Content you post to the Service, subject to the rights and licenses that you grant to OutGrownTM as described in these Terms.

c. Sellers confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the Content to the Buyer.

d. Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to OutGrownTM, including service texts, photos, videos, messages, and any other information, including the display of delivered work, may be used by OutGrownTM for other purposes.

e. You understand and agree that Company will not be liable for any content, publicly posted or privately transmitted on the Service. You understand and agree that Company cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using the Service. Additionally, we cannot guarantee that any content obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.

14. Fees.

OutGrownTM collects a 20% service fee on all transactions over $1. Our fee policy is subject to change. We will post any permanent changes to our fee policy by updating these Terms in accordance with the first paragraph hereof. We may also choose to temporarily change the fee policy and the fees for certain services for promotional events; such changes are effective when we post the temporary promotional events on the Service. We may, at our sole discretion, change some or all of our services at any time. We may, at our sole discretion, choose to contract with a third-party payment processor other than or in addition to Stripe, and our users may be required to adjust their account settings (or to create an account with such other payment processor) to accommodate such change in payment processor. In the event that we introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

In certain situations, including but not limited to a void or invalid transaction, we may issue a reimbursement of applicable fees to a seller.

15. Orders, Cancellations, Disputes, and Refunds.

OutGrownTM does not guarantee or validate any Seller listings in the Service.

All sales are binding. If you agree to purchase an item through the Service, you must pay for the item through the Service, unless there is an exceptional circumstance. The seller must complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to pay for the item, or (b) the seller cannot authenticate the buyer’s identity.

You may not alter the item’s price after a sale for the purpose of avoiding OutGrownTM transaction fees, misrepresent the item’s location, or use another user’s account without permission.

a. Order Process. Buyers select product listing on Service that a Seller has posted. The Buyer then makes a purchase through the Service. When a payment is confirmed, the Seller will be notified. It is the Buyer's responsibility to communicate with the Seller to determine a pick up date, time, and location. Users are not permitted to offer or accept payments using any method other than through the OutGrownTM system. Services should be ordered using the "Buy" button in the Service. OutGrownTM holds the payment in escrow and pays it to the Seller after the Buyer has received the Item they purchased.   Buyer has 7 business days to pick up the item. Upon picking up the item, the listing is deemed completed and the Seller receives payment to his/her OutGrownTM account.

Important: As a Buyer, failure to pick up the purchased item will result in the order being automatically approved after a set period of time determined by OutGrownTM, thus completing the listing, sending payment to the Seller. If an order has automatically completed, you may submit a support email for review, and we may re-open the order so that you may dispute the listing rendered with the seller. This is OutGrown's sole discretion.

b. If a Seller is late, unresponsive, and has provided no communication, we encourage Buyers to Contact Us immediately. Funds will be returned to the Buyer's OutGrownTM account balance at the sole discretion of OutGrownTM.

c. Refunds. Any complaints or questions relating to any purchased item, and any requests for a refund, should be directed to the seller of the item. All sales are non-refundable unless OutGrownTM deems otherwise due to reasons such as a Seller becoming unresponsive, or providing false advertising or claims about their listing. This is OutGrown's sole discretion. Refunded funds will be returned to the Buyer's OutGrownTM balance for future balance purchases.  Refunds are only given if item has not been delivered by the seller.

f. Disputes. OutGrownTM has the right, but not the obligation to resolve disputes between users relating to the Service and OutGrownTM's resolution of a particular dispute does not create an obligation to resolve any other dispute. OutGrownTM highly suggests trying to resolve disagreements mutually between the Buyer and Seller, without intervention of OutGrownTM. Once a dispute is opened, the final decision is determined by OutGrownTM, and that decision is final. OutGrownTM has full rights to award to Buyer or Seller's favor.

DO NOT create a dispute or reverse a payment through PayPal, Stripe, or your bank against OutGrownTM. Doing so will cause your account to be put on hold. Accounts on hold will no longer be able to buy or sell using OutGrownTM

In case of a problem, always try and work things out with the Buyer and/or Seller. If you need further assistance, contact our customer support here.

Miscellaneous

Users are not permitted to offer or accept to communicate with other OutGrownTM users outside of  the OutGrownTM messaging system. Doing so, may get the account blocked.

These Terms of Service will be governed and interpreted pursuant to the laws of Indiana, United States of America, notwithstanding any principles of conflicts of law.  You specifically consent to personal jurisdiction in Indiana in connection with any dispute between you and Company arising out of these Terms of Service or pertaining to the subject matter hereof.  The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be in the state and federal courts in Indianapolis, Indiana.  If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement among the parties relating to this subject matter.  Notwithstanding the foregoing, any additional terms and conditions on this service will govern the items to which they pertain.  Company may revise these Terms of Service at any time by updating this posting.

OutGrownTM Contact Information:
Should you have questions or concerns, please send an email to support@outgrown.com

Last updated: February 17, 2015