VAREXA LLC dba OUTFIGR

TERMS OF USE

Effective as of 3/25/2024

1. Background

A reference to “Varexa,” “Varexa, LLC”, “We,” “Us,” “Our,” or the “Company” is a reference to

Varexa LLC, a New Mexico limited liability company. These Terms of Use (the “Terms” or “Agreement”)

apply to individuals or entities that use the Sites and Services, as defined below (collectively “Users” or

“you”) and set forth the terms and conditions for such use. The Services are subject to additional policies,

rules, and terms and conditions, which you may be required to agree to as a condition of using those

Services (“Additional Terms”). In those cases, the applicable Additional Terms are set forth in the printed

or online Service materials relating to those Services.

For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall

mean OUTFIGR.COM, OUTFIGREDUCATION.COM and any other websites, webpages, and mobile

websites owned and operated by Varexa in the United States, and the “Services” shall mean any of the

various services that Varexa provides through the Site or any other channels, including without limitation,

over the telephone. However, the terms “Site” and “Services” do not include or involve any materials or

applications that have separate terms of service, which do not expressly incorporate these Terms by

reference.

Please read these and any applicable Additional Terms before using the Site or Services. By using

the foregoing, you hereby represent warrant, understand, agree to, and accept these Terms and any

applicable Additional Terms in their entirety.

Use of the Site and Services is subject to the Varexa Privacy Policy, which is incorporated

herein. If you object to any aspect of these Terms, the Privacy Policy, or any Applicable Terms, do not use

the Site or Services.

We reserve the right to revise these Terms or change or remove features of the Site at any

time. We will notify you about material changes in these Terms by placing a notice on our Site, and such

changes will go into effect as of the date they are posted. You should periodically check the Site for

updates to these Terms so that you can choose whether to continue using our Services. Any use of the Site

or the Services by you after the effective date of any changes will constitute your acceptance of such

changes. Any updated Terms supersede all prior versions of the Terms. Your continued use of the Site

means that you accept and agree to be bound by the revised Terms.

2. Description of Services

Varexa offers various Services for data analysis, data science, education and statistics consulting

work.

Our Services may be modified, expanded, limited, or otherwise changed. Please refer to our Site and

periodically check for updates to these Terms for further information about the Services we provide.

2.1. Limitations of our Services

We do not control the quality or accuracy of any input by Users, nor the integrity or responsibility of

Users in collecting and providing us with information.

2.2. License

Varexa grants you a non-exclusive, non-transferable, limited license to access and display the Site as a

member, customer or potential customer or customer of Varexa provided you comply with this

Agreement, and all copyright, trademark, and other proprietary notices remain intact. The use authorized

under this Agreement is non-commercial in nature unless otherwise agreed under Additional Terms.

Except for the limited permission in the preceding paragraph and any Additional Terms, Varexa does not

grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other

proprietary or intellectual property rights. You may not mirror any content from this Site on another

website or in any other media. Your failure to comply with such Additional Terms or any of these Terms

may result in automatic termination of any rights granted to you without prior notice.

2.3. Eligibility to Use the Site and Services

By requesting to use, registering to use and/or using the Site or the Services, you, as the User,

represent and warrant that you have the right, authority and capacity to enter into these Terms and you

commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet

the following eligibility criteria:

• By using this Site, you represent, acknowledge and agree that you are at least 18 years of age.

• That you are a resident of the United State. The Site and the Services are currently available

only to individuals who are legally in the United States. If you reside outside the United

States, you may not currently use the Sites or the Services.

• You are not a competitor of Varexa or using our Services for reasons that are in competition

with Varexa.

• Your use of the Services must be in accordance with any and all applicable laws and

regulations.

• We welcome your feedback and questions about the Site and Services. However, you agree

that any comments, ideas, messages, questions, suggestions, or other communications you

send to us or share with us through any channel (including, without limitation, the Site, email,

telephone, surveys, and our social media accounts) shall be and remain the exclusive property

of Varexa and we may use all such communications, all without notice to, consent from, or

compensation to you.

Varexa disclaims any liability whatsoever for any misstatements and/or misrepresentations

made by any Users of the Site. You hereby represent, understand, and agree to hold Varexa

harmless for any misstatements and/or misrepresentations made by or on behalf of them on this

Site or in any other venue.

3. Prohibited Uses

By using the Site or Services of Varexa, you agree that you will not under any circumstances:

• use the Site, Services, or any information contained therein in any way that is abusive,

threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise

objectionable and offensive;

• use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly

intended by Varexa or for the promotion of illegal activities;

• harass, abuse, or harm another person or group, or attempt to do so;

• provide false or inaccurate information when using the Services or communicating with other

Users;

• interfere or attempt to interfere with the proper functioning of Varexa’s Services;

• make any automated use of the Services, or take any action that we deem to impose or to

potentially impose an unreasonable or disproportionately large load on our servers or network

infrastructure;

• bypass any robot exclusion headers or other measures we take to restrict access to the Service

or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or

manipulate data (whether manually or through automated means);

• use the communication systems provided by or contacts made through Varexa for any

commercial solicitation purposes; or

• publish or link to malicious content intended to damage or disrupt another User’s browser or

computer.

Should Varexa find that you violated the terms of this Section or any terms stated herein, Varexa

reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By

using the Site and/or Services, you agree that Varexa may assess, and you will be obligated to pay,

$10,000 per each day that you misuse or mis-appropriate Content, including but not limited to, use on a

“mirrored,” competitive, or third-party site. This obligation shall be in addition to any other rights Varexa

may have under these Terms or applicable law.

Further, in order to protect the integrity of the Site and the Services, Varexa reserves the right at

any time in its sole discretion to block Users from accessing the Site, including without limit by using IP

addresses or MAC addresses.

4. Termination

Varexa reserves the right, in its sole discretion, to immediately terminate your access to all or part

of the Site and/or Services, to remove any Content sourced by or about you from the Site with or without

notice for any reason or no reason in its sole discretion, including without limitation if Varexa should

determine that you are not eligible to use the Services, have violated any terms stated herein, are not

suitable for participation as a User, have misused or misappropriated Content or any materials from the

Site. Upon termination, Varexa shall be under no obligation to provide you with a copy of any content

posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you

of the reason, if any, for your termination.

Following any termination of any individual’s use of the Site or the Services, Varexa reserves the

right to send a notice thereof to other Users with whom we believe the individual has corresponded. Our

decision to terminate an individual’s registration and/or to notify other Users with whom we believe the

individual has corresponded does not constitute, and should not be interpreted or used as information

bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.

5. Privacy

Varexa uses the information you provide on the Site or via the Services or in accordance with

our Privacy Policy, which is incorporated herein.

6. Links to External Sites

Links from the Site to external sites (including external sites that are framed by Varexa) or

inclusion of advertisements and other third-party content do not constitute an endorsement of such sites,

or the content, products, advertising and other materials presented on such sites or of the products and

services that are the subject of such third-party content, but are merely for reference and convenience.

You access such external sites at their own risk. It is the responsibility of the User to evaluate the

content and usefulness of the information obtained from other sites. Varexa does not control such sites

and is not responsible for their content.

You further acknowledge that use of any site or content controlled, owned or operated by third

parties is governed by the terms and conditions of use for those sites, and not by these Terms or the

Varexa Privacy Policy. Varexa expressly disclaims any liability derived from the use and/or viewing of

links that may appear on this Site. All Users hereby agree to hold Varexa harmless from any liability that

may result from the use of links that may appear on the Site.

You acknowledge and agree that any scheduling of time to meet with a Varexa representative or

for the use of Services may be facilitated through a third-party service. Varexa does not control such third-

party services and is not responsible for their performance. Any issues, delays, or failures in scheduling

due to the third-party service are not the responsibility of Varexa. You agree to hold Varexa harmless for

any damages or losses resulting from scheduling issues related to the use of such third-party service.

7. Disclaimers; Limitations; Waivers; Indemnification

7.1. No Warranty

The Services, information and materials contained on the Site, including text, graphics,

information, links or other items are provided “as is.” Further, opinions, advice, statements, offers, or

other information or content made available through the Services, but not directly by Varexa, are those of

their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for

such content. VAREXA DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR

COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR

ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION,

ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN VAREXA; (3) WARRANT

THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM

COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL

MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE

CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR

PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT

PERMITTED BY APPLICABLE LAW, VAREXA EXPRESSLY EXCLUDES ALL CONDITIONS,

WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY

STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR

ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

7.2. Assumption of Risk

You assume all risk when using the Site and the Services, including but not limited to all of the

risks associated with any online or offline interactions with visitors to or clients of the Site or the

Services.

7.3. 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 Site or Services, including

without limitation damages related to any decision made using the Services, information received from

the Site or Services, removal of content from the Site, including profile information, any email distributed

to any User or any linked web site or use thereof or inability to use by any party, or in connection with

any termination of your subscription or ability to access the Site or Services, failure of performance, 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 SERVICES OR THE SITE, EXCEED THE AMOUNTS RECEIVED BY VAREXA

IN CONNECTION WITH ANY SERVICES OBTAINED THROUGH THE SITE, 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 YOU OR

ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR

ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE,

INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR

ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION

OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS

OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES,

WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES

ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE

PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

7.4. Indemnification

By agreeing to these Terms, Users of the Site and Services (including you) agree to indemnify,

defend and hold harmless Varexa and its Affiliates from and against any and all claims, losses, expenses

or demands of liability, including reasonable attorneys’ fees and costs incurred by Varexa and its Affiliates

in connection with any claim by a third-party (including an intellectual property claim) arising out of: (i)

materials and content you submit, post or transmit through the Site, including any third party claims in

connection with Section 9; (ii) use of the Site or Services by you in violation of these Terms or in

violation of any applicable law; (iii) any relationship or agreement formed with another User using the

Site or Services; or (iv) any act or omission by a User using the Site or Services, negligent or otherwise.

Further, Users agree to indemnify, defend and hold harmless Varexa and its Affiliates from and against

any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs

incurred by Varexa and its Affiliates in connection with any claim by a third-party (including an

intellectual property claim) arising out of: (x) the Varexa’s failure to verify information in a timely

manner; and (y) any use of information other than directly in relation to the Services. You further agree

that you will cooperate as reasonably required in the defense of such claims. Varexa and its Affiliates

reserve the right, at their own expense, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter

assigning any liability to Varexa without the written consent of Varexa. Any such settlement or

assignment made absent Varexa’s express written approval shall be null and void. You further agree to

hold harmless Varexa and its Affiliates from any claim arising from a third-party’s use of information or

materials of any kind posted to the Site.

8. Payment and Refund Policy

In order to utilize some Services, the User of such Services must pay Varexa as set forth in the

applicable Agreement. In addition, the User is responsible for any state or local sales taxes associated with

the Services. All payments for Services are non-refundable and there are no refunds or credits for

unused or partially used services or cancellations, except in Varexa’s sole discretion.

9. Copyright Notices/Complaints

It is Varexa’s policy to respond to notices of alleged copyright infringement with the Digital

Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site

infringe your copyright, you may request removal of those materials (or access thereto) from the Site by

contacting our copyright agent (identified below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the

work, and where possible include a copy or the location (e.g., URL) of an authorized version

of the work.

• Identification of the material that you believe to be infringing and its location. Please describe

the material and provide us with its URL or any other pertinent information that will allow us

to locate the material.

• Your name, address, telephone number and (if available) e-mail address.

• A statement that you have a good faith belief that the complained of use of the materials is

not authorized by the copyright owner, its agent, or the law.

• A statement that the information that you have supplied is accurate, and indicating that “under

penalty of perjury,” you are the copyright owner or are authorized to act on the copyright

owner’s behalf.

• A signature or the electronic equivalent from the copyright holder or authorized

representative.

Varexa’s agent for copyright issues relating to this Site is as follows:

c/o: Web Officer
Varexa LLC dba OUTFIGR
6801 Jefferson St NE Ste 150 PMB 3175
Attention: Terms, Copyright
Albuquerque, New Mexico 87109

copyright@OUTFIGR.com

In effort to protect the rights of copyright owners, VAREXA maintains a policy for the

termination, in appropriate circumstances, of Users of this Site who are repeat infringers.

10. Governing Law and Jurisdiction

These Terms, and all claims relating to or arising out of this contract, or the breach thereof,

whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of New

Mexico, including New Mexico’s statutes of limitations governing your claim, without giving effect to its

principles of conflicts of law.

11. Consent to Electronic Communication

By using the Site or Services, you agree to allow Varexa to communicate with you electronically,

and you consent to electronic delivery of notices, documents, or products from Varexa via email,

telephone call, or text message. You undertake to notify Varexa in the event you change your email

address or phone number.

12. Miscellaneous

Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent,

legal representative, employer, contractor or employee of the other. Neither party shall have or hold itself

out to any third-party as having any authority to make any statements, representations, or commitments of

any kind, or to take any action, that shall be binding on the other, except as provided for herein or

authorized in writing by the party to be bound. The invalidity, illegality, or unenforceability of any term or

provision of these Terms shall in no way affect the validity, legality, or enforceability of any other term or

provision of these Terms. This Agreement will be binding on and will inure to the benefit of the legal

representatives, successors, and assigns of the parties hereto.

13. Severability

If a court decides that any term or provision of these Terms is invalid or unenforceable, the parties

agree to replace such term or provision with a term or provision that is valid and enforceable and that

comes closest to expressing the intention of the invalid or unenforceable term or provision, and these

Terms shall be enforceable as so modified. The remainder of the Terms will continue to apply.

14. Contact Information

If you have any questions or need further information as to the Site or Services provided by

Varexa, or need to notify Varexa as to any matters relating to the Site or Services, please contact us at:

Varexa, LLC dba OUTFIGR
6801 Jefferson St NE Ste 150 PMB 3175
Attention: Terms, Contact
Albuquerque, New Mexico 87109

contact@OUTFIGR.com

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