TERMS OF USE AND CONDITIONS

Welcome to the official website of Outstanda, operated by Outstanda, an Ohio 501(c)(3) nonprofit. These Terms of Use and Conditions (“Terms”) govern your use of Outstanda’s (“our”) website (“Site”). Please read the terms in full before using our Site. By accepting these Terms, or by using our Site, you agree to be legally bound by these Terms, our Privacy Policy, and any other underlying agreements or terms. If you do not agree to these terms, please do not use our Site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these terms so please refer to them in the future.

Use of Site

I. Outstanda Overview

A. Accounts

Accounts are free for anyone who wishes to create one on Outstanda’s website. Each account represents one individual, real person and is not to be shared with others. The purpose of collecting information during the account creation process is to help proctors identify the person for assessments. Users are required to provide accurate information about themselves to create an account.

If someone does not want to take assessments, they may still need an account to act as a parent, instructor, proctor, or person in an organization, such as a principal or board member.

Outstanda strictly prohibits any one person from having multiple accounts. Account termination can occur if a user requests it, or if the user fails to comply with Outstanda’s usage policy, or for any reason Oustanda deems appropriate.

Never share your account access information.

B. Scholarships (Learning Gig Rewards)

Scholarships are earned by verified students who have been approved by a verified organization such as a school or other educational institution. In order to earn a scholarship, the student must successfully complete an approved assessment while being proctored. The scholarship funds are then added to the student’s account balance. When the balance exceeds a minimum limit, the student may choose to withdraw some or all of the scholarship funds.

Outstanda does not collect any bank or charge card information. Scholarship funds are sent electronically to a mobile device or email address.

Outstanda is not a bank and Organizations and Students should not retain unnecessary amounts of money or rewards in the system. Only deposit what you need, and encourage students to cash in their rewards. Outstanda is not responsible for financial loss due to technology failure, hacking, network issues, human error, theft, fraud, or any other financial issues that could arise.

C. Students

Outstanda offers learning assets and assessments at all levels, from grade school to adult workplace training and college courses. No account is needed to learn from the materials, and students are encouraged to explore outside materials in addition to what we provide. To enroll for assessments, students are required to provide accurate information so that their identity can be verified when taking assessments. Images must be clear, recognizable headshots, and while opting for no image is possible, students must have a photo ID to take an assessment. Students are free to update their image at any time, but the new image must be verified by an organization.

Any student found to have logged into another person’s account or attempted to cheat may be banned from the system for life and forfeit all scholarship funds. Outstanda takes academic integrity seriously and reserves the right to investigate and take appropriate action against any student who violates this policy.

D. Parents

Parents or guardians may request an account be locked until the student is 18 years of age if they do not want their child to participate. It is also important to communicate with your school and let them know not to use Outstanda with your student.

E. Proctors / Instructors

Proctors are teachers, mentors, and other professionals who oversee assessments with the students. Proctors may provide support for special needs students, but they may not guide or help students in any other way. Evidence of helping students pass will result in cancellation of account and ban from Outstanda.

F. Organizations

Organizations can be schools, universities, businesses, nonprofits, homeschool families, or community groups. The organization is responsible for verifying identity, funding scholarships and access, providing a safe physical or virtual space for collaboration, reviewing and approving project work, and certifying certificates. The primary role of an organization is to fund the scholarships, assess project work, and approve assessment access.

Organizations can approve who joins and what learning gigs the students may access within the organization. The organization also approves instructors to oversee assessments. The scholarship funds are donated by individuals or businesses to the organization’s scholarship fund. Organizations are required to keep a minimum balance of assessment funds to keep assessments available for their students, and so the students will receive scholarships. Organizations do not own the funds. If the organization does not use the funds, they are retained by Outstanda.

Organizations that offer degrees or certificates should continue to do so, as Outstanda does not replace the standards of an organization.

Organizations must also comply with all international laws and regulations on data privacy, security, and protection. Any misuse or violation of these laws may result in the suspension or termination of the organization’s account.

II. Outstanda as a Nonprofit

A. General Fund

Outstanda is an Ohio nonprofit that aims to provide fair and accessible education opportunities to all students. To support the operation and development of the platform, Outstanda retains a general fund, which is funded by a 10% fee on individual organizations’ accounts when funded. It is also funded via grants, contributions, and any incoming funds not specifically earmarked for an organization. In addition, Outstanda is funded from any interest generated on scholarship funds as they remain in the bank.

B. Scholarship Fund / Learning Gig Rewards

Assessment funds are in the account of the organization, with a minimum balance required for assessments to be open to students. Organizations must maintain minimum funds for students to have access to assessments. Students may not take assessments approved by the organization if there are not enough funds to award the scholarship.

When students pass assessments while being proctored, the scholarship funds are added to the student balance from the organization balance. Students can withdraw some or all of the scholarship funds once they exceed the minimum limit. Outstanda does not ask for bank or charge card information, the funds are sent electronically to mobile or email.

Payments vary based on location and restrictions apply. Organizations do not own the scholarship funds, but they are donated money earmarked for their scholarships. If an organization does not use them, the funds are retained by Outstanda.

C. Scholarships and Taxes

Outstanda is a nonprofit organization that receives license fees and provides scholarship funds to students who successfully master educational materials. It is important to note that students are responsible for paying all taxes on these donations based on their local laws. Students can download details of their scholarship funds from their accounts for each year. While most students will not need to report income from these scholarships as they will be small, it is the responsibility of students to understand their limits and requirements for reporting income and paying taxes. Outstanda is not responsible for any tax obligations incurred by students. Any errors or omissions in tax reporting should be promptly reported to the appropriate authorities by the student, and Outstanda should be notified of any such reporting errors or misinformation.

III. Fairness

A. Non-Discrimination

Outstanda is committed to maintaining blind fairness in its scholarship and assessment processes. Each approved organization has a scholarship fund from which students can draw, and these funds are donated money earmarked for organizational scholarships. In accordance with international standards, Outstanda does not discriminate on the basis of gender, race, sexuality, nationality, or religion.

B. Information Collection

Outstanda does not collect bank or charge card data from students for scholarship payments. Payment does not require it. Outstanda only collects the minimum data needed to verify identity and communicate with students.

Outstanda does not collect data on race, gender, religion, economic level, or sexuality. General aggregate reporting may be done on postal code, or by organization, but not based on individual characteristics.

The platform is committed to providing a safe and secure environment for all users, and takes appropriate measures to protect the data collected.

Outstanda is not liable for any damages or losses resulting from the use of the platform, and reserves the right to modify or terminate the platform at any time.

IV. Content Information

Our Site, images, data, text, audio, videos, photographs, custom graphics, logos, button icons, descriptions, and all other material provided and the collection and compilation, and assembly thereof are the exclusive property of Outstanda and are protected by U.S. and international copyright laws. Materials clearly labeled as creative commons may be used for non-commercial use in education with attribution.

Educational content provided by Outstanda is licensed under Creative Commons Attribution-NonCommercial 4.0 International License unless otherwise specified. The exception is if the material is a third-party resource, such as a YouTube video or copyrighted material, which is the sole property of the creator. Any material generated by artificial intelligence is reviewed and edited by human editors, who verify the accuracy and ensure the appropriateness of the material. The material is the property of Outstanda and may be used for non-commercial purposes only.

Outstanda reserves the right to modify or remove content at any time without notice and is not responsible for any loss or damage resulting from the use of this content.

V. Legal Usage

The legal usage section outlines important terms and conditions for using Outstanda. By using the Outstanda website or services, you agree to be bound by these terms.

A. Errors and Omissions

Outstanda takes reasonable steps to ensure that the information provided on our website is accurate and up to date. However, we cannot guarantee that all information is error-free or up-to-date. Many learning assets are outside of Outstanda’s control. Outstanda is not liable for any errors, omissions, or inaccuracies in the information provided on our website or in our services.

B. Reporting Errors

If you find an error or inaccuracy in the information provided on our website, please report it to us as soon as possible so that we can correct it.

C. Misinformation

Outstanda strives to provide accurate and reliable information on our website and in our services. However, we cannot guarantee that all information is accurate or reliable. Outstanda is not responsible for any misinformation or misinterpretation of information provided on our website or in our services.

D. Uptime

Outstanda makes every effort to ensure that our website and services are available and accessible at all times. However, we cannot guarantee that our website or services will be uninterrupted or error-free. Outstanda is not liable for any downtime or interruptions in our website or services.

E. Payments

Some of our services may require funds or transfer funds. Outstanda reserves the right to suspend or terminate your access to our website or services if funding is not received on time. Outstanda is not responsible for the transfer of funds between organizations and students.

F. Guarantees

Outstanda does not guarantee any particular outcome or result from using our website or services. We make no representations or warranties of any kind, express or implied, regarding the use or results of our website or services. Learning gigs support learning but are not comprehensive courses. Use of other materials is always encouraged.

G. Disclaimers

Outstanda disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Outstanda is not liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use our website or services.

H. International Considerations

Outstanda operates in the United States and may not be available or suitable for use in other countries. It is your responsibility to comply with all applicable laws and regulations in your country or jurisdiction.

I. Arbitration Clause

Any disputes arising from the use of Outstanda will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association and arbitration will be resolved in the State of Ohio.

J. Additional Terms

Outstanda may have additional terms and conditions that apply to specific services or features. These additional terms will be posted on our website and will be considered part of the legal usage section.

By using Outstanda, you agree to be bound by these terms and conditions. If you do not agree with any of these terms, please do not use our website or services.

VI. Privacy

Outstanda provides comprehensive privacy tools to protect your identity. You may make your name and image public on your certificates and transcripts if you are over the age of 13. You also grant access to your information to people administering any organization you join.

A. Data Collection

Important: We make nearly all learning materials open to the public with no login. Outside of basic website traffic tracking, you can learn without any personal information collected by Outstanda. In order to take assessments, join organizations, and recieve scholarships and certificates, we must have personal information.

The data collected may include name, age, address, phone number, email address, and headshot. This information is required to verify the identity of the person for assessment purposes. Outstanda does not collect gender, race, or religion information.

It is important to note that the data collected from minors >13 is only visible to the organizations where the students apply and administrative staff of Outstanda.

B. Certificates and Transcripts

Certificates and transcripts can be made public, but minors under 13 years have this data hidden, and older students may adjust settings in their account to hide their image and name. They can also be restricted to not show personal details.

C. Data Expungement

An account owner can request to expunge legal name, email, phone, address, and image from the system. However, this process cannot be reversed and requires a three-part process, including a request, a follow-up via primary email, and confirmation by electronic signature. Any funds remaining in the account after expungement are transferred to the general fund of Outstanda.

Additional Information for All Visitors

Any other trademarks or service marks appearing anywhere on our Site are the property of their respective owners. To the extent, any product name or logo does not appear with a trademark notice (™ or ®) or copyright notice (© or (P)) does not constitute a waiver of any and all intellectual property rights that Outstanda or any of its affiliated businesses or individuals has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site for commercial profit or gain. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this Site.

As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, or any contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.

While every effort is made for the timeliness and accuracy of the Site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use. We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness, or reliability.

We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made so that all content provided on the Site does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made for smooth and continuous operation, we do not warrant the Site will operate error-free.

By submitting a telephone number to Outstanda or any affiliated business, you agree that a representative of Outstanda or its affiliated business can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. By providing an email address, you agree that we have permission to email you. Your consent is not an obligation to receive any of our services.

Terms of Donations

Donations are collected and paid out at the end of each campaign to the nonprofit.

You understand that all physical goods, and services are offered by us and purchased and accepted by you AS IS and WITH ALL FAULTS. We make no warranties or guarantees whatsoever whether written, oral, or implied as to quality, condition, or habitability.

Return Policy: If you buy merchandise from our shop, check the details carefully. We do not offer returns or exchanges. If this concerns you, please get a gift card and buy from a larger merchant that does offer those options.

We accept credit cards, personal or business checks, money orders, cryptocurrency, and cash at times.

Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control.

User Conduct

When using our Site, you shall not post or send to or from either the Site: (a) content for which you have not obtained all necessary consents; (b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used; (c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.

You shall not use our Site while such use could distract you from a task and diminish your safety or the safety of others, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.

Links to and from Third Party Websites

Any links furnished on our Site may allow you to leave our Site. These third-party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising. We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s).

If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions: (a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us; (b) you do not misrepresent your relationship with us or present any false information about us; (c) you do not link from a website that is not owned by you; (d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America; and (e) your link will not circumvent the Terms of Use or Privacy Policy

If you choose to link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimers

All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an information, entertainment and retail purchase resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

OUTSTANDA AND ITS AFFILIATED BUSINESSES AND INDIVIDUALS DO NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR SITE OR SERVICE.

PAYMENT TO STUDENTS

Students are sometimes paid when they successfully master a program. All payments are subject to the nonprofit availability of funds from schools or donations. Students must be approved in advance, show no signs of cheating or fraud, and complete a proctored assessment.

Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. OUTSTANDA AND ITS AFFILIATED BUSINESSES AND INDIVIDUALS WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend and indemnify Outstanda, its affiliated businesses and individuals and all of their officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Applicable Law

We make no representations that the content or the Site is appropriate or may be used outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

Our Site is created and controlled in the State of Ohio, United States of America. The Site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of Ohio and applicable United States federal laws. Use of our Site constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

Our Site is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.

General

These Terms, together with the Privacy Policy, other terms or legal notices published by us on the Site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our Contact Information
Outstanda
PO Box 295
Kent, Ohio 44240