Terms of Service

Outpost Terms of Service

We are a member-powered cooperative on a mission to help indie publishers thrive, but we don't tolerate hate.

Last Updated: March 10, 2022

The Gist

We (the folks at Outpost) are a member-powered cooperative on a mission to help indie publishers thrive, providing services to our publisher-members without the compromises that come with having to please investors.

Outpost is a paid service, designed to give you as much control and ownership over your publication as possible while providing excellent editorial and business tools. However, since we power some of your editorial tools and some sites' websites, we ask you to be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site, or are linked to from your site (things like spam, viruses, or hate content).

We love helping indie publishers, from multi-person publications knocking out daily news stories to labor-of-love personal sites. We want to work with quality publications of most stripes.

But there are some kinds of publications we have no interest in supporting.

Here's a list of the kinds of sites banned from using Outpost: Scraper sites, automated blogs, SEO blogs focused on manipulating Google, affiliate marketing blogs promoting get-rich schemes or unproven health supplements, and sites promoting pirated intellectual property or trafficking in stolen passwords.

Honestly, Outpost's not going to be great for those kinds of sites anyway. Who wants to subscribe to that?

Outpost's founder is a former journalist, and we encourage those who dig up dirt, challenge the powerful, look to change the world for better, and make good trouble. We believe strongly in journalism, the First Amendment, and in writing that makes people reconsider their beliefs. We're also a great home for those who just want to express themselves, or speak to and with their communities.

But we've got a list of banned content (see Section 7), a no-asshole policy and a general conduct policy (see below). Life's too short to work with assholes. The internet is a big place — assholes can go someplace else.

We have no interest in working with publishers that dox people, direct hate or derision towards marginalized groups, or encourage or subtly encourage brigading private individuals and other publishers.

We also know that there are folks who like to read a terms of service agreement and try to stay just this side of the line on it, while still violating its spirit. Every forum moderator knows the type. That's why we have a general conduct rule. If you're that kind of person, you'll get booted. Hopefully, that's enough to keep those folks away in the first place.

That said, we don't want to ever have to kick anyone off Outpost. The goal in this Terms of Service is to be very clear about who's a good fit and who isn't.

If you like think it's clever to put up pictures of trans people without their consent and claim you are protecting lesbians, or traffic in fascism or ultra-nationalism, find another service. There's plenty of them. This won't be a good home for you.

If you do see abusive content on an Outpost-powered site, please notify us with relevant details at abuse@outpost.pub.

Please be aware, however, Outpost will not engage with or be swayed by bad faith attempts to silence Outpost publishers. Outpost will, at its discretion, ignore such attempts or actively fight them. Outpost also has no tolerance for those who threaten or harass Outpost publishers. Outpost will use all technical and legal means necessary to protect our publishers from threats and harassment.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision in Section 16. If you don’t agree to these Terms, don’t use our services.

We’ve built these Terms using the model created by the fine folks at Automattic, best known for making WordPress. This Terms of Service, like theirs, is available under a Creative Commons Sharealike license, which means that you’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise them so that your Terms of Service reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to the us and the original folks, Automattic somewhere on your website. You can grab a copy of their Terms and other legal documents on GitHub, or just copy-and-paste this one, then edit it to fit your service.

Terms of Service

These Terms govern your access to and use of the products and services we provide through or for Outpost (collectively, “Services”).
These Terms also govern visitors’ access to and use of any websites that use our Services, like the websites that our users create via Outpost. Please note though that the operators of those websites may also have their own separate terms of use.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

**All Outpost Services **

2. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.
We may limit your access to our Services until we’re able to verify your account information, like your email address.
When you create an Outpost account (not including an account on an Outpost publisher's site), we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a blog post you write about your boss, that’s on you.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
If you'd like to learn about how we handle the data you provide us, please see our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services or our publisher's sites published via Outpost, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

  • We don’t have any control over third-party websites.
  • A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  • We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
  • We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5. Fees, Payment, and Renewal

a. Outpost Fees

Fees for Paid Services. Some of our Services are offered for a fee, like Outpost. By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to an Outpost plan, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
If you are a paid subscriber to an Outpost publication, your payment to the publication will be made on a regular basis, depending on whether that subscription is monthly, annual or some other time interval. If you’ve purchased access to multiple services, you may have multiple renewal dates. You can cancel renewal of subscriptions on each individual publisher's site. Your subscription relationship is with the publisher, not Outpost, and therefore, you will need to cancel/renew/etc your subscriptions with the publication, not Outpost.

You can view your renewal date(s) and manage subscriptions for an Outpost-powered site by visiting the site and logging in with the email address you provided to the site.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law and in accordance with any contract signed with a publisher. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
No-Show Policy. We may have a “no-show policy” for some Paid Services that require your participation. For instance, this may mean that if you don’t show up or are late for a scheduled session, you’ll still be charged and won’t be entitled to a refund.
Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

b. Fees Collected by Website Owners

Fees Paid to Websites or Website Owners. Website owners can sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. We’re not involved in a website’s subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a website, you’re making the purchase directly from the website owner, and they are solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.
Automatic Renewal. Any recurring payments you make to a website owner are automatically renewed. This means that unless you or the website owner cancels your website subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments are renewed for the same interval of time as your original subscription period. For example, if you select an annually renewing website subscription, you’ll be automatically charged by the website owner once each year.
Cancelling Automatic Renewal of Website Subscriptions. You can manage and cancel your website subscriptions by logging into that site with the email you used to register. In the account panel, click on the payment you want to cancel and follow the instructions. Repeat this process for each website subscription you want to cancel.
Refunds. We’re not responsible for refunding fees paid to a website owner because those transactions are between website owners and their users. If you’d like to request a refund, please contact the website owner. If you have a complaint regarding a website owner, you can contact us.

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.

7. General Representation and Warranty (e.g. your responsibilities and prohibited content/activity)

a. Our mission is to help indie publishers thrive, and our Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

  • Will be in strict accordance with the Agreement;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
  • Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of Outpost or any third party;
  • Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
  • Will not disclose the personal information of others without balancing the public’s need for information against potential harm or discomfort.
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network;
  • Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
  • Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source;
  • Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent;
  • Will not involve pornography (Outpost is not anti-sex work, however it does not have the financial/legal capacity at this time to handle the record-keeping requirements needed);
  • Will not be used to threaten violence against individuals or groups;
  • Will not be used to glorify violence;
  • Will not involve child sexual exploitation (if you try this, we'll do all we can to get you prosecuted);
  • Will not be used to threaten, harass, denigrate or encourage violence against people on the basis of ethnicity, gender, gender identity, age, religious affiliation, disability, disease, race, caste or national origin;
  • Will not be used to promote or encourage suicide or self-harm, including bulimia and anorexia; and
  • Will not be used to post gory media that lack news value - and won't put those kind of images in headers when they do have news value.

b.* General Conduct Policy:

The rules above are intended to give sites a good sense of what's appropriate on Outpost-powered sites, and what is not. They are not rules to be gamed. Outpost also has a general conduct rule: if your site engages in unjust or unreasonable conduct - even if it does not violate one of the above rules, Outpost reserves the right to terminate your service. Outpost is the sole arbiter of what violates this standard or the rules above.

8. More Content Stuff

Data Portability
enables you to build a membership-driven media site. Your content and posts are yours, and we and Ghost make it easy to export that in a format easily imported into other publishing tools. Your email list is yours, and if you want, we'll export that in an easy-to-use format. Your relationship to subscribers that sign-up to support your site is also yours, and you can take that information and relationship with you. We'll also help transfer over your site analytics and, if you like and to the extent possible, supporting services such as comments and content recommendations. Data analysis done by Outpost on your site's behalf may not be exportable.

License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your website. This license also allows us to make publicly-posted and published-notification Content available to select third parties (to Google News as a news feed or to Mailgun to send emails to your subscribers, for example) so that these third parties can analyze and distribute (but not publicly display) the Content through their services or to provide services.
Removing Content. If you delete Content, we’ll use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors), but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
Web Traffic. We may use a third-party service to measure your audience and usage. Outpost currently uses a third-party that does not use cookies to do this. Outpost shares this data with sites and is used to judge service levels.
Prohibited Uses. Your Content and conduct must not violate the Outpost terms of service.
HTTPS. For sites hosted by Outpost, we offer free HTTPS by default, including those using custom domains, via Let’s Encrypt. By signing up for Outpost hosting and using a custom domain, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.

Attribution. We may display attribution text or links in your website footer or toolbar, noting that your website is powered by Outpost or attributing the creator of your theme, for example.
Email We send emails and create mailboxes for you associated with your Domain Name, using Mailgun. Your use of these emails is subject to Mailgun’s policies, including Mailguns’s Terms of Service. Don't be a spammer.
DNS Services. We sometimes work with third-party Domain Name Service providers to provide domain name services, such as making sure your emails get sent from your domain and that your website loads. You'll need to change your website's DNS servers to point to the service we contract with. You remain responsible for paying for your domain name and making sure it does not expire, as we are not a domain name reseller.

Your Relationships with Your Subscribers

  • We’re not involved in your relationships or transactions with any customer or potential customer.
  • You may only use outside e-commerce Services for legitimate transactions with your customers.
  • You must accurately communicate transaction details; set expectations appropriately; and fulfill all promises, representations, or warranties you’ve made. For example, if you’d like to offer subscribers a new post each week for contributing to your site, but aren’t sure if you’ll be able to post that frequently, you should be clear that weekly posts are a goal and not a guarantee.
  • You’re responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, providing any appropriate warnings and for any other ancillary services you provide to your customers.
  • You’re responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. You must provide contact information so customers can contact you with questions or complaints.
  • You must maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund, if refunds are offered.
  • If you believe that a transaction may be erroneous or suspicious, you should research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction.
  • If you have transactions with individuals (i.e., consumers), you specifically agree to provide consumer disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices.
  • You’re financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your subscription and ecommerce services.
  • You must ensure that any information you provide about your business, products, and services is accurate, complete, and current.
  • You agree to promptly notify us if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to your transactions.

Prohibited Uses. You may not use Outpost or external Ecommerce Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance. Among other things, this means that:

  • Ecommerce Services cannot be used in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
  • If you’re using external Ecommerce Services, you must observe all Outpost User Guidelines.
  • If you’re using Ecommerce Services to sell CBD and other hemp-derived products, you must do so on a subdomain not controlled by Outpost and via a different payment processor.

We may terminate your access to our Services or force refunds (where possible) to your subscribers and customers without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a payment processor or regulatory authority requires it.

Tax Calculations. You’re responsible for payment of all applicable Taxes relating to your e-commerce and subscription activities and your use of e-commerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, tell your customers about any Taxes they may be required to pay and issue appropriate invoices. While some E-commerce Services allow you to include sales taxes in transactions — for example, tax calculations may be provided by TaxJar — you shouldn’t rely solely on these features. We work to keep our documents and tools up-to-date, but tax laws change rapidly; and we can’t guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be interpreted differently by different authorities. We recommend consulting with a tax professional for your specific tax situation to assess the tax rates you should charge.
If we’re obligated to pay or collect Taxes on your e-commerce activities or your use of Ecommerce Services, you’re responsible for these Taxes, and we may collect payment for them from you.
Third-Party Services. You may use third-party services, like Stripe or PayPal to collect payment or tips. As Outpost does not take a percentage of these payments, you are not limited in what third-party payment services you use. However, they may also charge you fees to use or access their services, and you are subject to each processor's Terms of Service. We’re not involved in these relationships, but may facilitate transactions or communication. For example, we may, on your behalf, receive notices or forms relating to your Stripe account. Some of these third party services may be enabled by default, but you can disable them before launching your site if you don’t want to use them.

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Digital Millennium Copyright Act (“DMCA”) Policy and send us a notice at dmcanotice@outpost.pub.

10. Intellectual Property

The Agreement doesn’t transfer any Outpost or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Outpost and you) solely with Outpost. Outpost does reserve the right to name your site as a client and display your logo on its site. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Outpost or third-party trademarks.

11. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, or blocks) developed by a third party or yourself (“Third-Party Services”).
If you use any Third-Party Services, you understand that:

  • Third-Party Services aren’t vetted, endorsed, or controlled by Outpost.
  • Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
  • Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
  • Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
  • If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.

In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.

12. Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Outpost, or if Outpost posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

13. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any part of the Agreement or any Outpost policy, or is in any way harmful or objectionable, (ii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

14. Disclaimers

Our Services are provided “as is.” Outpost and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Outpost, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

15. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in San Francisco County, California.

16. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

17. Limitation of Liability

In no event will Outpost, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Outpost under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Outpost shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

18. Indemnification

You agree to indemnify and hold harmless Outpost, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

19. US Economic Sanctions

You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.

20. Data Processing Agreement

If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please contact us.

21. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

22. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Outpost and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Outpost may assign its rights under the Agreement without condition (though may be constrained in its bylaws). You may only assign your rights under the Agreement with our prior written consent.

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