VAREXA LLC dba OUTFIGR
GENERAL DIGITAL PRODUCT AGREEMENT
Effective as of 11/15/2024
This Agreement (“Agreement”) is made effective by and between Varexa LLC dba “OUTFIGR”
(the “Company” and “Varexa”), and purchaser (hereafter “Client”) of the digital products
including but not limited to courses, course materials, digital and audio recordings, presentation
slides, and templates (hereafter each individually a “Digital Product”, and collectively the
“Digital Products”) for the purpose of Client purchasing Digital Product(s) from Company’s
online shop. The Company and Client, are each individually a “party” and collectively the
“parties.” Client agrees to the terms and conditions below by submitting payment for the Digital
Product(s). For purposes of this Agreement, and except to the extent expressly excluded below,
the “Website” shall mean OUTFIGR.COM, OUTFIGREDUCATION.COM and any other
websites, webpages, and mobile websites owned and operated by Varexa in the United States of
America. Please read this Agreement before purchasing Digital Product(s). By purchasing the
Digital Product(s), you hereby represent, warrant, understand, agree to, and accept this
Agreement in its entirety.
All Rights Reserved. No part of the Digital Product(s) including, but not limited to, all text,
headings, titles, images, diagrams, graphics, or sample documents may be copied, reproduced,
distributed, disseminated, or transmitted in any form or by any means, including electronic,
mechanical, photocopying, recording or electronic information storage and retrieval or by any
other means except as expressly authorized hereunder. Ownership of the Digital Product(s),
trademarks, service marks, and logos, and any and all intellectual property rights thereto belong
to Varexa LLC, a New Mexico limited liability company.
Digital Product Usage
After Client registers on the Website and purchases the Digital Product(s), Client will be
given access to the Digital Product(s) online within 48 hours through the Website portal that
requires Client to sign on. Once Client has fully completed the continuing education or other
coursework in its entirety, including but not limited to the Course Evaluation, Client will be
granted a certificate of completion sent to his/her email address provided on the digital Course
Evaluation form that must match the same email address provided on the Course Quiz. Client
will have lifetime access to the materials so long as the Digital Product(s) is/are available, prior
to the continuing education expiration date listed on Digital Product(s) marketing on the Website
or on the online store.
Personal Use
Digital Product(s) is/are for personal use only. Client is granted one (1) non-transferable, non-sublicensable, non-exclusive license to use Digital Product(s) Client has purchased through the Website. Client agrees not to copy, reproduce, redistribute, alter, modify, share with third parties, display the content publicly, or create derivative works of Digital Products, except Client may use any Templates purchased separately from continuing education for business use withattribution to Varexa LLC doing business as “OUTFIGR”. Digital Product(s) is/are for education, general interest, and informational use only and do not include legal, financial, business or health advice. Client’s purchase and use of the Digital Product(s) do not establish a professional working relationship between Client and Varexa. Client understands and agrees that the Digital Product(s) and constituent materials may not be shared with any third party. In the event Company suspects that any Digital Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to all of Company’s Digital Product(s).
Links to External Websites
Links from the Digital Product(s) to external websites or inclusion of other third-party content
do not constitute an endorsement of such websites, or the content, products, advertising and other
materials presented on such websites or of the products and services that are the subject of such
third-party content, but are merely for reference and convenience. Client accesses such external
sites at his/her own risk. It is the responsibility of the Client to evaluate the content and
usefulness of the information obtained from other websites. Varexa does not control such
websites and is not responsible for their content. Client further acknowledges that use of any
website or content controlled, owned or operated by third parties is governed by the terms and
conditions of use and privacy policy for those websites, and not by this Agreement, Varexa’s
Website Terms of Use, or the Varexa Privacy Policy. Varexa expressly disclaims any liability
derived from the use and/or viewing of websites from links that may appear in Varexa’s Digital
Product(s). Client hereby agrees to hold Varexa harmless from any liability that may result from
the use of links that may appear in its Digital Product(s).
No Third-Party Affiliation
Varexa is not affiliated with or sponsored by Google, X (Twitter), LinkedIn, Square,
Squarespace, Slack, Discord, or any other third-party platform provider we use or reference. Any
references made on the Website or in the Digital Product(s) or other materials, to any established
trade names, trademarks, service marks, product names or any other third-party intellectual
property including, but not limited to, Google, Twitter, LinkedIn, X (Twitter), LinkedIn, Square,
Squarespace, Slack, Discord, etc., is strictly used for reference and identification purposes only.
No affiliation or sponsorship or any other type of relationship exists between Varexa and the
brand owners of any registered trademark, trade name or service mark, or of any specific service
referenced on this Website in connection with Company’s Digital Product(s).
Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a
reasonable expectation that Company’s Digital Product(s) will produce different outcomes and
results for each client. Client understands and agrees that:
▪ Every client and final result using the Digital Product(s) is different;
▪ The Digital Products are intended for a mass audience.Varexa makes no guarantees Client will attain a particular result and/or income using the ideas
presented in the Digital Product(s). All statements of improvement in performance, increase in
revenue, or cost savings potential in the Digital Product(s) are the authors’ personal opinions, not
facts. All claims, statements, examples or representations depicting results achieved by using any
OF COMPANY’s ONLINE CONTINUING EDUCATION COURSES, INSTRUCTIONAL
MATERIALS, EXAMPLE DOCUMENTS, TEMPLATES, RECORDINGS AND/OR VIDEOS
COMPANY SELLS OR PROVIDES ACCESS TO on the Website may represent results which
are not typical and, in MANY cases, extraordinary. Client should not rely upon any such
representation or claim and Client should generally NOT expect to achieve the RESULTS
claimed anywhere on the Website OR WITHIN ANY DIGITAL PRODUCT(S) CLIENT
PURCHASES OR AS MAY APPEAR IN ANY PUBLICLY-ACCESSIBLE MATERIALS on the
Website. There is never a guarantee that Client will achieve the same results or make any
improvements or benefit at all by using any of the Digital Products offered through the Website.
While Company believes such results are possible and they have occurred in some if not many
cases, obtaining the level of results claimed in connection with any Digital Product(s) offered on
the Website is based upon a variety of factors, including Client’s acumen, skill, level of effort
and desire, or other circumstances that may or may not apply to Client’s use of any Digital
Product(s). Company cannot predict these factors.
Warranties & Accuracy of Information
The content of the Digital Product(s) is/are based on the authors’ knowledge, experience, and
research under transformative fair use. Every effort has been made to ensure the completeness
and the accuracy of the information contained in the Digital Product(s). However, the Digital
Product(s) may contain inaccuracies, typos, or other errors. Varexa assumes no responsibility for
such errors, omissions, or any inconsistencies in the Digital Product(s). In addition, events or
changes occurring after the materials were written and recorded may render some of the
information contained in the Digital Product(s) as obsolete. Therefore, Varexa makes no
guarantees, warranties or representations as to the accuracy of the information contained in the
Digital Product(s) or the quality of such information, its usefulness or reliability and Varexa
takes no responsibility whatsoever for the suitability of the Digital Product(s), and Varexa
provides no warranties as to the function or use of the Digital Product(s), whether express,
implied or statutory, including without limitation any warranties of merchantability or fitness for
particular purpose. COMPANY MAKES NO WARRANTY REGARDING ANY
INFORMATION OR RECOMMENDATIONS CONTAINED IN THE DIGITAL PRODUCT(S)
OR THAT THE INFORMATION OR ANY RECOMMENDATIONS WILL MEET CLIENT’S
EXPECTATIONS OF USE. CLIENT AGREES TO ASSUME THE SOLE RISK ASSOCIATED
WITH CLIENT’S USE AND/OR RELIANCE UPON ANY OF THE INFORMATION
CONTAINED IN THE DIGITAL PRODUCT(S) AND ITS/THEIR MATERIALS.
Indemnity
Client agrees to indemnify Company against all liabilities, claims, demands, expenses,
actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions.
Company shall not be liable to Client or any third party for consequential, indirect, special orexemplary damages including but not limited to damages for loss of profits, business or
anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not
foreseen, reasonably foreseeable or advised of the possibility of such damages.
Limitation of Liability
In no event will Varexa be liable for any indirect, special, incidental, or consequential
damages, losses or expenses arising out of or relating to the use or inability to use the Digital
Product(s) without limitation damages related to any decision made using the Digital Product(s),
information received from any linked website(s) or use thereof or inability to use by any party, or
in connection with the ability or inability to access the Digital Product(s), error,
omission, interruption, defect, delay in operation or transmission, computer virus, malware, or
system failure, even if Varexa or representatives thereof, are advised of the possibility of such
damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL VAREXA’S
AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION
WITH THIS AGREEMENT OR THE USE OF THE DIGITAL PRODUCT(S), EXCEED THE
AMOUNTS RECEIVED BY VAREXA IN CONNECTION WITH ANY DIGITAL
PRODUCT(S) OBTAINED THROUGH THE WEBSITE, OR, IF YOU HAVE NOT PAID
VAREXA ANY AMOUNTS, THE AMOUNT OF $25.00. IN NO EVENT WILL VAREXA BE
LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT,
GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF
OR RELATING TO THE CONDUCT OF CLIENT OR ANYONE ELSE IN CONNECTION
WITH THE USE OF THE DIGITAL PRODUCT(S), INCLUDING WITHOUT LIMITATION,
BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES
RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT
IN THE DIGITAL PRODUCT(S), WHETHER ONLINE OR OFFLINE.
Fees & Payment Processing
In consideration for access to the Digital Product(s) provided by Company, Client agrees to
compensate Company the fee indicated on the online shopping cart on the Website. If any
payment methods are declined by the online payment processor, Client shall provide a new
eligible payment method before receiving access to the Digital Product(s). In the event Client has
already been given access to the Digital Product(s) and a payment method is declined, Company
reserves the right to collect any and all outstanding receivables.
Refund Policy
Due to the nature of Digital Product(s) being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Digital Product(s) will be allowed under any circumstances. All sales of Digital Product(s) is/are final.
Personal Information
By purchasing the Digital Product(s), Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for theaccuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
Billing Information
The billing information provided to Company by Client will be kept secure and is subject to
the same confidentiality and accuracy requirements as Client’s identifying information indicated
above. Providing false or inaccurate information, or using the Digital Product(s) for fraud or
unlawful activity, is grounds for immediate termination from the Website and loss of access to
the Digital Product(s).
Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or
interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot,
storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a
similar occurrence or condition beyond the reasonable control of the parties, the party so affected
shall, upon giving prompt notice to the other party, be excused from such performance during
such prevention, restriction or interference, and any failure or delay resulting therefrom shall not
be considered a breach of this Agreement.
Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if
mediation is unsuccessful, then arbitration, as selected by Varexa. The parties agree to be bound
by the decision of the arbitrator(s). The arbitration proceeding shall take place in Bernallilo
County, New Mexico. Each party shall be responsible for its own costs and expenses in
presenting the dispute for arbitration.
Governing Laws, Venue and Jurisdiction
The laws of the State of New Mexico shall govern this contract, and any resulting arbitration
shall take place within Bernallilo County, New Mexico. Company and Client hereby irrevocably
consent to the exclusive jurisdiction of the State and Federal courts sitting in Albuquerque, New
Mexico, to support, assist, and enforce the arbitration process, including, if necessary, the grant
of interlocutory relief pending the outcome of that process. Each party shall be responsible for its
own costs for all collection costs and legal fees incurred should enforcement of this Agreement
become necessary.
Transfer
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or bothparties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
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