These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Application is provided by:
Outcome Performance Ltd.
129 Yorkville Ave #200, Toronto, ON M5R 1C4
Owner contact email: info@getoutcomes.io
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
If copyright holders or their agents believe that any content on this Application infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.
Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
By clicking ‘Next’ you agree you are 18 years or older; you consent to our website Terms and Conditions; and you are providing 'electronic prior express written consent' as defined by the Telephone Consumer Protection Act ('TCPA'), you are authorizing Smart Policy Savings, The Lead Company, and our Marketing Partners, whose names you acknowledge you have accessed and read, to contact you via email, automated calling technology, as well as text and SMS messages to the phone number(s) you provided. Message and data rates may apply. This consent applies to mobile numbers, if applicable, including those previously registered on any Federal and State Do Not Call (DNC) Registries. This consent is not a requirement to purchase any goods or services, it simply allows us to communicate with you through these channels. If you no longer wish to receive messages, you can opt-out by texting STOP, and for more information, you can text HELP. You may revoke your consent at any time by contacting us here.
You and we both acknowledge and accept that any disagreements or legal claims arising from your usage or access to our Services, as well as any products or services obtained through our Services, will be resolved solely through the process of arbitration. This means that instead of going to court, we will engage in a final and binding arbitration, with the exception that you may pursue claims in small claims court, if they meet the necessary criteria. The Federal Arbitration Act governs the interpretation and implementation of this Agreement to Arbitrate section, also known as the "Agreement to Arbitrate."
Prohibition of Class and Representative Actions and Non-Individualized Relief
Both you and we agree that any claims brought against each other will be done so on an individual basis and not as part of a class or representative action. This means that neither of us can bring a claim on behalf of a group or participate in a collective legal proceeding, including actions under the Telephone Consumer Protection Act. The arbitrator assigned to the case cannot consolidate or combine multiple claims or parties, and cannot preside over any form of a consolidated, representative, or class proceeding unless both parties agree otherwise. The arbitrator can only grant relief, such as monetary, injunctive, or declaratory relief, in favor of the individual party seeking it, and only to the extent necessary for that individual claim. Any relief awarded will not impact other users.
Arbitration Procedures
The arbitrator, rather than any federal, state, or local court or agency, will have the sole authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate. This includes any claims that all or any part of the Agreement to Arbitrate or this Agreement is invalid or can be voided. The arbitrator will have the final say on these matters.
The arbitration process will be administered by the American Arbitration Association ("AAA") in accordance with its rules and procedures. This includes the use of the AAA's Supplementary Procedures for Consumer-Related Disputes, where applicable, with any modifications outlined in this Agreement to Arbitrate. You can find the AAA's rules and a form to initiate arbitration proceedings on their website at http://www.adr.org.
The arbitration will take place in the county where you reside, or at another location that we both agree upon. If the value of the relief being sought is $10,000 or less, either you or we may choose to have the arbitration conducted over the phone or solely based on written submissions. This choice will be binding on both parties, unless the arbitrator determines that an in-person hearing is necessary under specific circumstances. If an in-person hearing is required, you and/or we may attend via telephone, unless the arbitrator states otherwise.
The arbitrator will make decisions on the merits of all claims based on the laws of the State of Delaware, including principles of equity, and will respect all legally recognized claims of privilege. The arbitrator is not obligated to follow rulings from previous arbitrations involving our other users, but must adhere to rulings from prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's decision will be final and binding, and a judgment based on the arbitrator's award can be entered in any court with jurisdiction over the matter.
This arbitration provision will remain in effect even after the termination of this Agreement to Arbitrate, the closure of your Account, or the discontinuation of your use or access to our Services, as well as any products or services obtained through our Services. It will continue to apply to any disputes or claims that arise from your prior use of our Services.
Costs of Arbitration
According to the AAA's rules, the payment of all filing, administration, and arbitrator fees will be governed by their guidelines, unless otherwise specified in this Agreement to Arbitrate. If the relief sought has a value of $10,000 or less, upon your request, we will cover all the necessary filing, administration, and arbitrator fees associated with the arbitration. To initiate this process, you should submit a request for payment of fees by mail to the AAA along with your Demand for Arbitration, and we will make the necessary arrangements to directly pay the fees to the AAA.
If the relief sought has a value of more than $10,000 and you can demonstrate that the costs of arbitration would be excessively burdensome compared to litigation, we will bear the burden of paying a portion of the filing, administration, and arbitrator fees that the arbitrator determines to be necessary to prevent the arbitration from being cost-prohibitive.
However, if the arbitrator determines that the claims you bring forth in the arbitration are frivolous, you agree to reimburse us for any fees associated with the arbitration that we have paid.
Confidentiality
Both parties agree to maintain strict confidentiality regarding the arbitration proceedings and any arbitration award, unless otherwise mandated by a court order or necessary for confirming, vacating, or enforcing the award. Confidentiality also extends to disclosure in confidence to the parties' respective attorneys, tax advisors, and senior management. Additionally, disclosure to family members of an individual party is permitted. This confidentiality provision ensures that the arbitration process and any resulting awards remain private and protected.
Severability
Except for the provisions mentioned in the "Prohibition of Class and Representative Actions and Non-Individualized Relief" section, if any part of this Agreement to Arbitrate is deemed invalid or unenforceable by an arbitrator or court, the remaining provisions of this agreement will still be applicable. However, if any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") are found to be invalid or unenforceable, the entire Agreement to Arbitrate will be considered null and void. Nonetheless, the rest of the Agreement, including the Legal Disputes Section, will remain in effect.
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of this Application must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.