Terms of Service

Introduction

Welcome to Adobe Outlet, an online business service directory (referred to as “we,” “our,” “provider,” or “us”) serving the southwest United States, namely Arizona, Nevada, New Mexico, Oklahoma, Texas, & Utah.

Acknowledgment

By using Adobe Outlet, you acknowledge that you have read, understood, and agreed to these Terms of Service.

Customer Responsibilities

1. Compliance with Agreement: The Customer is primarily responsible for ensuring that all Authorized Users (defined below) comply with the terms and conditions set forth in this Agreement.

2. Data Accuracy, Quality, and Legality:

Accuracy: The Customer is responsible for the accuracy and quality of the data, information, and content provided to or generated within the Service (hereinafter referred to as “Customer Data”).

Legality: The Customer will also ensure that the Customer Data is obtained and used in full compliance with all applicable laws and regulations, including data privacy and intellectual property laws.

3. Security:

Unauthorized Access: The Customer will use commercially reasonable efforts to prevent unauthorized access to or use of the Service. This includes the safeguarding of login credentials, user accounts, and any other security-related information.

Prompt Notification: In the event of any unauthorized access or use of the Service, the Customer will promptly notify the Provider, taking appropriate measures to mitigate the issue.

4. Usage Compliance:

In Accordance with Documentation: The Customer agrees to use the Service only in accordance with the documentation, guidelines, and instructions provided by the Provider.

Compliance with Laws and Regulations: The Customer will use the Service in compliance with all applicable local, state, federal, and international laws, as well as government regulations.

5. Equipment and Components:

The Customer is responsible for obtaining and maintaining all equipment, software, and components necessary for the access and use of the Service. This includes, but is not limited to, computer hardware, internet connectivity, and any third-party software or services required for effective use.

Authorized Users: Authorized Users are individuals who have been granted access to the Service by the Customer, and who are bound by the terms and conditions of this Agreement.

These responsibilities collectively ensure the secure, legal, and efficient use of the Service by the Customer and its Authorized Users. It is essential for the Customer to maintain the quality and integrity of data, comply with security measures, follow legal and regulatory requirements, and provide the necessary infrastructure for seamless Service utilization.

User Accounts

1. Account Creation:

Account Necessity: To list a business on the directory, it is mandatory to create an account with Adobe Outlet. This account will serve as a means for the Customer to manage and update their business listings.

Accurate Information: The account creation process requires providing accurate, complete, and up-to-date information. Users must not use false or misleading information during the account setup.

Authentication: User accounts may require email verification or other authentication methods to ensure the security and validity of the account.

2. Account Maintenance:

Personal Information: Users are responsible for maintaining the accuracy and completeness of their personal information within their accounts. This may include contact information, payment details, and other relevant data.

Password Security: Users must maintain the security of their account login credentials. Passwords should be kept confidential and not shared with unauthorized parties.

Notification of Changes: Users are responsible for promptly updating their account information in the event of any changes, ensuring that it remains current and accurate.

3. User Responsibilities:

Listing Accuracy: Users are responsible for the accuracy and quality of the business listings they create. This includes providing truthful and up-to-date information about their businesses, services, and contact details.

Compliance with Terms: Users are expected to comply with the terms and conditions outlined in the Terms of Service, as well as all applicable laws and regulations. This includes respecting the rights of other users and the Provider.

Content Responsibility: Users are responsible for the content they submit, post, or share on the Adobe Outlet platform. Any user-generated content should be lawful, respectful, and in compliance with the guidelines set forth in the Terms of Service.

Payment Obligations: If the use of the Service involves payment, users are responsible for meeting their financial obligations in a timely and accurate manner, in accordance with the payment terms outlined in the Terms of Service.

Respect for Others: Users are expected to respect the rights and privacy of other users, refraining from any actions that may harm, harass, or infringe upon the rights of others on the platform.

These responsibilities collectively contribute to the security, integrity, and ethical use of the Adobe Outlet platform. Users are encouraged to maintain accurate account information, act in accordance with the platform’s terms and guidelines, and responsibly manage their business listings to ensure the best possible experience for all users.

Content

Prohibited User-Generated Content:

1. Compliance with Laws:
Users are strictly prohibited from posting any content that breaches state or federal laws in any jurisdiction. This includes, but is not limited to, defamatory or fraudulent content, content that violates any criminal laws, and content that infringes upon copyright laws.

2. Potentially Harmful or Offensive Content:
Users must not post content that, even if it’s legal, could be potentially harmful, offensive, or objectionable to other users.

Prohibited content includes but is not limited to content that is:

– Inappropriate
– Violent, sexually explicit, or contains vulgar language
– Potentially harmful to other users
– Abusive
– Amounts to bullying or intimidation

Content License:

By posting content on the Adobe Outlet platform, users grant Adobe Outlet a non-exclusive, worldwide, royalty-free, and perpetual license to use, reproduce, modify, distribute, and display the content. This license allows Adobe Outlet to reuse user-generated content within the scope of the platform, while copyright ownership remains with the original creator.

User-Generated Content Clause:

Users consent to the content license simply by posting content on the Adobe Outlet platform. This consent is granted as a condition of using the service.

How to Report a Breach of the Clause:

To report a breach of this content clause, users or other concerned parties can contact our customer service via the Contact Page. Please provide detailed information about the alleged violation.

Consequences for Breaching the Clause:

Adobe Outlet treats non-compliance with this clause as a serious issue. If it is determined that a user has breached any of these terms, the following actions may be taken: 

Temporary or Permanent Suspension: Your access to our websites may be temporarily or permanently suspended.

Legal Action: We reserve the right to take legal action against users, possibly to recover any financial losses incurred as a result of the breach.

Public Statement: We may publish a statement on our websites detailing the user’s actions and non-compliance with these terms.

This clause is implemented to maintain a safe, respectful, and lawful environment for all users. It ensures that prohibited content, as outlined, is promptly addressed and appropriate actions are taken in the event of a breach.

Payment Terms

Subscription Payment Terms:

Monthly and Annual Subscriptions: Adobe Outlet offers both monthly and annual subscription options for specific features or services. The subscription fees are clearly specified during the checkout process.

Additional Advertisement Choices: Users also have the option to pay for additional advertisement choices, which may run for a specified duration.

Automatic Renewal (Monthly): Monthly subscriptions are automatically renewed unless the customer explicitly chooses to de-select the automatic renewal option on the checkout or billing page.

Advertisement Expiry: All paid advertisements, whether part of a subscription or additional choice, will run for the allotted time and then be removed unless renewed by the user.

Enforcement Measures for Failed Payments: In the event of a failed automatic payment for a subscription or advertisement, the user’s account will be temporarily removed from the directory until the outstanding payment is made.

Account Deletion for Inactivity: Accounts with an inactive status for longer than 30 days will be subject to deletion. Users will need to create a new account if their previous account is deleted.

Fees and Refunds:

Non-Refundable Fees: All fees paid for the use of the service, including subscriptions and advertisements, are non-refundable.

Annual Subscription Trial: Annual subscribers are encouraged to try one month of services before making a longer commitment. Monthly subscribers can opt-out at any time.

Restrictions on Use:

Copying and Use of Materials: Users are prohibited from copying website materials, design, assets, or any other intellectual property owned by Adobe Outlet.

Collecting User Information: Users are restricted from collecting or using other user information without express consent.

Account Restrictions: Users may not open accounts for individuals or entities that have been banned, or rent or sub-license their account to others.

Returns and Refunds for Businesses Listed:

Returns and refunds related to products or services offered by businesses listed on the site are subject to the individual business’s policies. Users should contact the respective businesses directly for guidance on obtaining refunds or returns.

Cancellation Policy:

Users have the right to cancel their subscription to the service at any time. This can be done by logging into their account and opting out of recurring payment billing or by deleting their account(s) altogether.

This section provides comprehensive information regarding payment terms, automatic renewals, enforcement measures, account management, restrictions on use, and the handling of fees, refunds, and cancellations, ensuring users are well-informed of the terms and conditions.

Copyright & Intellectual Property Policy

Ownership and Rights:

All content, information, and assets displayed on the Adobe Outlet website are the intellectual property of their respective owners. This includes, but is not limited to, text, images, logos, graphics, and any other materials found on the website.

Prohibition of Copying and Use:

Users and visitors to the Adobe Outlet website are strictly prohibited from copying, using, or replicating any of the website’s information, assets, or materials without explicit permission from the respective copyright owners.

Reporting Violations:

If you believe that your copyright or intellectual property rights have been violated or if you encounter any unauthorized use of materials on the Adobe Outlet website, please report such violations through our “Contact Page.” We take these reports seriously and will promptly address any verified violations.

This policy ensures that all copyright and intellectual property rights are respected and that users and visitors are made aware of their responsibility to adhere to these rights. Violations can be reported through the website’s “Contact Page” for timely resolution.

User Feedback

Submission of Feedback:

Users of the Adobe Outlet website are encouraged to provide feedback through the “Contact Page” on the website. We value your input and appreciate your assistance in helping us improve our services.

Public and Private Use:

By submitting feedback, users grant Adobe Outlet the right to use the feedback as follows:

Public Posting: We may, at our discretion, post feedback publicly on the website for the benefit of other users and visitors.

Private Dissemination: Feedback may also be disseminated to our staff for research, training, and continuous improvement purposes.

Response Time:

Feedback that warrants a response will be addressed within 7 to 10 business days from the date of submission. Our goal is to acknowledge and act on feedback promptly to enhance your experience with Adobe Outlet.

We value the feedback provided by our users and use it to continually refine and enhance our services. Your valuable input helps us in our mission to offer the best user experience possible.

Data Privacy Obligations

For detailed information regarding data privacy and our commitments to protecting your personal information, please refer to our Privacy Policy. This policy outlines how we collect, use, and safeguard your data, ensuring transparency and security in all data-related matters.

Links to Other Websites

Adobe Outlet may contain links to external websites, whether posted by the website or by its users. It is important to clarify that we are not responsible for the content, security, or reliability of these external websites.

Users are responsible for making informed decisions when selecting links to external websites. Adobe Outlet does not endorse, guarantee, or have control over the content and policies of external websites. We encourage users to exercise caution and review the terms and privacy policies of any linked websites they choose to access.

Terms and Termination of Service

Service Termination:

Both the Adobe Outlet website and the user reserve the right to terminate the service at any time for any reason.

Account Deactivation:

Users can deactivate their accounts at any time for any reason, and Adobe Outlet can also deactivate accounts if deemed necessary.

Non-Refundable Fees:

All fees paid for the use of the service, including subscription fees and advertisement charges, are non-refundable. Please refer to the “Fees and Refunds” section for additional details regarding our refund policy.

Changes and Account Management:

Users can make changes to their accounts, including service termination or deactivation, through the account management page on the Adobe Outlet website. This allows for a straightforward and user-controlled process to manage your account and services.

Limitation of Liability

Acknowledgment of User Responsibility:

By using the Adobe Outlet business directory website, you acknowledge and agree that you are using the service at your own risk and that Adobe Outlet and its affiliates, partners, employees, and agents shall not be held responsible or liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the service.

User Hold Harmless and Indemnification:

User agrees to hold harmless, defend, and indemnify Adobe Outlet and its affiliates, partners, employees, and agents against any claims, liabilities, losses, damages, and expenses (including legal fees and costs) arising from your use of the service or your violation of these terms. This indemnification includes, but is not limited to, any claims related to:

– Your violation of these terms
– Your violation of any third-party rights
– Any harm or loss experienced by other users or third parties due to your use of the service

Limited Liability:

Adobe Outlet’s liability to you is limited to the maximum extent permitted by applicable law. In no event shall Adobe Outlet’s total liability for any claims, losses, or damages exceed the fees you paid for the use of the service.

Disclaimer of Warranties:

Adobe Outlet provides the service on an “AS IS” and “AS AVAILABLE” basis. We make no warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Responsibility for User Actions:

Adobe Outlet is not responsible for the actions, conduct, or content of its users. We do not endorse, represent, or guarantee the accuracy, quality, or legality of user-generated content or the services of businesses listed on the platform.

Consequential Damages Waiver:

In no event shall Adobe Outlet be liable for any indirect, punitive, incidental, special, or consequential damages, including loss of profits, revenue, data, or use arising out of or in any way connected with the use of the service.

By using Adobe Outlet, you expressly acknowledge and accept these terms and conditions of the limitation of liability. You agree to release Adobe Outlet from any liability or responsibility and indemnify us against any claims or losses resulting from your use of the service. This section is in place to protect both the users and the service provider.

Governing Law & Dispute Resolution

Governing Law:

This Agreement and any disputes arising from or related to it shall be governed by and construed in accordance with the laws of the state of New Mexico, United States, without regard to its conflict of law principles.

Dispute Resolution Process:

In the event of any dispute, claim, or controversy arising from or related to this Agreement, the parties involved shall make every reasonable effort to resolve the matter amicably through the following process:

a. Internal Mediation: The parties shall first attempt to resolve the dispute through internal mediation by a neutral third party agreed upon by both parties. Mediation is a voluntary process and, if successful, it will lead to a resolution without the need for further dispute resolution methods.

b. Arbitration: In the event that mediation does not lead to a resolution, the parties agree to submit the dispute to binding arbitration. The arbitration will be conducted by a single arbitrator in accordance with the rules and procedures of the American Arbitration Association (AAA). The decision of the arbitrator will be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

c. Court Proceedings: If arbitration does not result in a satisfactory resolution, the parties may resort to court proceedings. Any legal action shall be brought in a state or federal court located within the state of New Mexico, and the parties consent to the personal jurisdiction and venue of such courts.

User Responsibility for Dispute Costs:

Users initiating dispute resolution through mediation, arbitration, or court proceedings shall be responsible for the costs associated with their action. This includes fees for mediators, arbitrators, legal representation, and court filing fees.

This section outlines the governing law for the agreement and the process for dispute resolution, which starts with internal mediation, proceeds to arbitration if needed, and may ultimately involve court proceedings. Users initiating disputes are responsible for the associated costs of resolving the dispute.

Confidentiality

This Confidentiality Agreement (the “Agreement”) is entered into between you (“User”) and Adobe Outlet, and governs the confidentiality of certain information and communications.

Confidential Information:

Both User and Adobe Outlet acknowledge that during their interactions, they may be exposed to confidential information. This information may include, but is not limited to, personal data, business practices, strategies, proprietary technology, and any communication related to legal disputes, resolutions, or remedies (collectively referred to as “Confidential Information”).

Obligations of User:

User agrees to keep all communications, discussions, and any Confidential Information provided by Adobe Outlet confidential. User shall not disclose, share, or otherwise disseminate this information to any third party, except as may be required by law.

Obligations of Adobe Outlet:

Adobe Outlet also agrees to keep User information and communications confidential and shall not disclose or share them with any third party except as may be required by law.

Legal Requirements:

Both User and Adobe Outlet may disclose Confidential Information when required by law, court order, or other legal process, provided that the disclosing party makes reasonable efforts to notify the other party prior to disclosure.

Remedies:

User and Adobe Outlet acknowledge that a breach of this Agreement may result in irreparable harm and, in such a case, the non-breaching party may seek injunctive relief or other appropriate remedies in addition to any other legal remedies that may be available.

Survival of Agreement:

This Agreement shall survive the termination or expiration of any service or relationship between User and Adobe Outlet.

Entire Agreement:

This Agreement represents the entire understanding between User and Adobe Outlet regarding confidentiality and supersedes all prior agreements, whether written or oral.

By using Adobe Outlet, you agree to be bound by the terms of this Confidentiality Agreement. This Agreement is in place to protect the confidentiality of both parties and to ensure that any Confidential Information is handled with due care and discretion.

Severability and Waiver of Liability

Severability:

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement shall remain in full force and effect. The parties agree to replace the unenforceable provision with a valid provision that most closely aligns with the original intent of the Agreement.

Waiver of Liability:

Adobe Outlet’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any rights or remedies available to Adobe Outlet under this Agreement. Any waiver of any provision must be in writing and signed by both parties. A waiver of any breach or default under this Agreement shall not constitute a waiver of any subsequent breach or default.

This Severability and Waiver of Liability section ensures that the enforceability of the Agreement’s provisions remains independent, and that the failure to enforce any provision does not waive the right to enforce it in the future.

Changes to the Terms

Updates to the Agreement:

This Agreement may be updated and revised by Adobe Outlet at any time. Such updates and revisions will take effect immediately upon posting on this webpage.

User Notification:

Users will be notified of any updates or revisions to the Agreement through an announcement on their user account page. This notification will provide information about the nature of the changes and the effective date of the updated Agreement.

It is the responsibility of users to regularly review the Agreement to stay informed of any changes. Continued use of the Adobe Outlet service after an update implies the user’s acceptance of the revised terms and conditions.

Contact Information

For all inquiries, support requests, complaints, and reports, please utilize the “Contact Page” on the Adobe Outlet website. Our dedicated support team is available to assist you promptly and effectively. This contact method ensures that your messages reach us in a timely manner, allowing us to address your needs and concerns efficiently. We look forward to assisting you with any questions or issues you may have.

Miscellaneous

Entire Agreement:

This Agreement represents the entire understanding between the User and Adobe Outlet and supersedes all prior agreements, whether written or oral.

Assignment:

User may not assign this Agreement without the prior written consent of Adobe Outlet. Adobe Outlet may assign this Agreement to any affiliate, partner, or successor entity without notice to User.

No Agency:

Nothing in this Agreement shall be construed as creating a joint venture, partnership, employment, or agency relationship between User and Adobe Outlet.

Headings:

The headings and section titles in this Agreement are included for convenience and do not define or limit the scope or intent of any provisions.

Force Majeure:

Adobe Outlet shall not be liable for any failure to perform its obligations under this Agreement where such failure results from any cause beyond Adobe Outlet’s reasonable control, including but not limited to, electronic, mechanical, or communications failure.

No Third-Party Beneficiaries:

This Agreement does not confer any rights or remedies upon any third parties.

Electronic Communications:

By using Adobe Outlet, you consent to receive electronic communications from Adobe Outlet. You agree that these electronic communications satisfy any legal requirement that such communications be in writing.

Language:

This Agreement may be presented in multiple languages for the convenience of users. In case of any inconsistencies between different language versions, the English language version shall prevail.

Survival of Provisions:

The provisions of this Agreement, including but not limited to those related to limitation of liability, confidentiality, and dispute resolution, shall survive the termination or expiration of any service or relationship between the User and Adobe Outlet.