Terms and Conditions

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.outsmartoverwhelm.com (“My Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of My Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using My Site immediately.

Definitions and Interpretation 

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means an account required for a User to access and/or use certain areas of My Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, My Site;

“Third Party Advertiser”

means a party responsible for Third Party Advertising displayed on My Site;

“User”

means a user of My Site; and

“I/Me/My”

means Outsmart Overwhelm, a company registered in the United States of America

2. Information About Me

My Site, www.outsmartoverwhelm.com, is owned and operated by Outsmart Overwhelm, a business registered in the United States of America.

3. Access to My Site

1. Access to My Site is free of charge.

2. It is your responsibility to make any and all arrangements necessary in order to access My Site.

3. Access to My Site is provided “as is” and on an “as available” basis. I may alter, suspend or discontinue My Site (or any part of it) at any time and without notice. I will not be liable to you in any way if My Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

1. Certain parts of My Site may require an Account in order to access them.

You may not create an Account if you are under 18 years of age. 

2. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

3. I recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Me immediately at byeoverwhelm@gmail.com. I will not be liable for any unauthorised use of your Account.

4. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and My obligations under the law, as set out in Clause 17.

5. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of My Site requiring an Account for access.

5. Intellectual Property Rights

1. All Content included on My Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Me. All Content is protected by applicable United States of America and international intellectual property laws and treaties.

2. Subject to sub-Clause[s] 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from My Site unless given express written permission to do so by Me.

3. You may:

a. Access, view and use My Site in a web browser (including any web browsing capability built into other types of software or app);

b. Download My Site (or any part of it) for caching;

c. Print [one copy of any] page(s) from My Site;

d. Download extracts from pages on My Site; and

e. Save pages from My Site for later and/or offline viewing.

4. My status as the owner and author of the Content on My Site (or that of identified licensors, as appropriate) must always be acknowledged.

5. You may not use any Content printed, saved or downloaded from My Site for commercial purposes without first obtaining a license from Me (or My licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of My Site for general information purposes whether by business users or consumers.

6. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. Links to My Site

1. You may link to My Site provided that:

a. you do so in a fair and legal manner;

b. you do not do so in a manner that suggests any form of association, endorsement or approval on My part where none exists;

c. you do not use any logos or trademarks displayed on My Site without My express written permission; and

d. you do not do so in a way that is calculated to damage My reputation or to take unfair advantage of it.

2. You may not link to My Site from any other site the main content of which contains material that:

a. is sexually explicit;

b. is obscene, deliberately offensive, hateful or otherwise inflammatory;

c. promotes violence;

d. promotes or assists in any form of unlawful activity;

e. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, f. disability, sexual orientation, or age;

g. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

h. is calculated or is otherwise likely to deceive another person;

i. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

j. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that k. is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.4);

l. implies any form of affiliation with Me where none exists;

m. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

n. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

The content restrictions in sub-Clause 6.2 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 6.2. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

7. Links to Other Sites

Links to other sites may be included on My Site. Unless expressly stated, these sites are not under My control. I neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on My Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

8. Advertising

1. I may feature Third Party Advertising on My Site and I reserve the right to display Third Party Advertising on the same page as any content from any User.

2. You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.

3. I am not responsible for the content of any Third Party Advertising on My Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising material. I will not be responsible for any Third Party Advertising on My Site including, but not limited to, any errors, inaccuracies, or omissions.

9. Disclaimers and Legal Rights

1. Nothing on My Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to the recommended businesses and information I share with your or on the basis of any information provided on My Site.

2. Insofar as is permitted by law, I make no representation, warranty, or guarantee that My Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of My failure to exercise reasonable care and skill, any digital content from My Site damages your device or other digital content belonging to you, if you are a consumer, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

3. I make reasonable efforts to ensure that My Content on My Site is complete, accurate, and up-to-date. I do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

10. My Liability

1. I am NOT licensed or certified in any way to provide psychological or mental health advice, I am simply someone with professional experience helping neurodivergents with behavior management and emotional regulation, and who wants to help others like me get away from burnout and unnecessary struggle. Everything I share on my site and with you personally is for informational and entertainment purposes, not for any other purpose. I cannot diagnose you with anything. Everyone’s brain and life is unique. I cannot guarantee or ensure improvements to your energy levels, mental clarity, or perceived level of burnout from working with me or using my recommended strategies. I will try my hardest though! Please discuss with a licensed/certified mental health professional before acting on any of my advice or information.

2. To the fullest extent permissible by law, I accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) My Site or the use of or reliance upon any Content included on My Site.

3. To the fullest extent permissible by law, I exclude all representations, warranties, and guarantees (whether express or implied) that may apply to My Site or any Content included on My Site.

4. If you are a business user, I accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

5. I exercise all reasonable skill and care to ensure that My Site is free from viruses and other malware. However, subject to sub-Clause 10.2, I accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of My Site (including the downloading of any Content from it) or any other site referred to on My Site.

6. I neither assume nor accept responsibility or liability arising out of any disruption or non-availability of My Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

7. Nothing in these Terms of Use excludes or restricts My liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Viruses, Malware and Security

1. I exercise all reasonable skill and care to ensure that My Site is secure and free from viruses and other malware. I do not, however, guarantee that My Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 10.5.

2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via My Site.

4. You must not attempt to gain unauthorized access to any part of My Site, the server on which My Site is stored, or any other server, computer, or database connected to My Site.

5. You must not attack My Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

6. By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offense under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them. Your right to use My Site will cease immediately in the event of such a breach.

12. Acceptable Usage Policy

1. You may only use My Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:

a. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

b. you must not use My Site in any way, or for any purpose, that is unlawful or fraudulent;

c. you must not use My Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

d. you must not use My Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

2. When communicating in any way using My Site, you must not communicate or otherwise do anything that:

a. is sexually explicit;

b. is obscene, deliberately offensive, hateful or otherwise inflammatory;

c. promotes violence;

d. promotes or assists in any form of unlawful activity;

e. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

e. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

f. is calculated or is otherwise likely to deceive [(including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Business or any other business or person)];

g. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

h. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);

h. implies any form of affiliation with Me where none exists;

i. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or

j. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

3. I reserve the right to suspend or terminate your access to My Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, I may take one or more of the following actions:

a. issue you with a written warning;

b. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

c. take further legal action against you as appropriate;

d. disclose such information to law enforcement authorities as required or as I deem reasonably necessary; and/or

any other actions which I deem reasonably appropriate (and lawful).

4. I hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that I may take in response to breaches of these Terms of Use.

13. Privacy and Cookies

Use of My Site is also governed by My Cookie and Privacy Policies, available here and these policies are incorporated into these Terms of Use by this reference.

14. Changes to these Terms of Use

1. I may alter these Terms of Use at any time. If I do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of My Site after the changes have been implemented. You are therefore advised to check this page from time to time.

2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

15. Contacting Me

To contact Me, please email Me at byeoverwhelm@gmail.com or using any of the methods provided on My contact page here.

16. Communications from Me

1. If I have your contact details (if, for example, you have an Account) I may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, My Terms of Sale, and changes to your Account.

2. I will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Me include an unsubscribe link.

3. For questions or complaints about communications from Me (including, but not limited to marketing emails), please contact Me at byeoverwhelm@gmail.com.

17. How I Use Your Personal Information (Data Protection)

I will only use your personal information as set out in My Privacy Policy and Cookie Policy, available here.

18. Law and Jurisdiction

1. These Terms and Conditions, and the relationship between you and Me (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Los Angeles County, California in the United States of America.

2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

3. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Me , or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Los Angeles County California.