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Member Terms

Networking Out Membership Terms & Conditions

By joining as a Member of Networking Out LLC and/or by attending a Networking Out LLC event, you hereby agree to the following Terms and Conditions (herein “Terms”).  If you do not agree to the following terms and conditions, do not become a Member of or participate in Networking Out LLC events.

Definitions

Collaborator: companies and vendors who collaborate with Networking Out LLC to host events and activities.

Member: anyone who applies and becomes a paid Member of Networking Out LLC.

Membership Term: a minimum of three (3) calendar months followed by month-to-month membership.

Participant: a non-member who participates in a Networking Out LLC event.

Purpose

At Networking Out LLC, we believe that professional success and personal well-being go hand-in-hand.  That’s why we’ve created a unique space where you can grow your professional network while prioritizing your fitness and wellness.  Whether you’re looking to expand your career opportunities, meet like-minded individuals, or simply take your health to the next level, you’ve come to the right place.

Agreement

These Terms, and any applicable Additional Terms referenced below (together, the “Master Terms”), contain the terms and conditions that apply to our Services, unless you have entered into a separate agreement with us that governs our contractual relationship.  By becoming a Member or Collaborator, you indicate that these Master Terms constitute a binding agreement between you, who represents that you are an authorized representative of the organization or entity (referred to as “you“ or “your”) which has created your user account (“Account”), and us and that you have read and understood the following terms

Changes to the Terms

These Terms are subject to change.  Networking Out LLC may change these Terms at any time for any reason without notice to you by posting revised Terms on our website, www.thenetworkingout.com, and your continued membership, participation, and/or collaboration with Networking Out LLC following the posting of those changes will confirm your acceptance of them.  Therefore, you should review the Terms from time to time to understand the terms and conditions that apply to your membership, participation, and/or collaboration with Networking Out.  If you do not agree to the amended terms, you must stop your membership, participation, and/or collaboration with Networking Out.

Privacy

Your privacy is important to us.  At this time, we do not collect, use, or disclose your personally identifiable information to anyone except for when you register for and/or attend an event we are hosting, e.g., when the Collaborator requests a list of attendees/participants.  We are not responsible for what a Collaborator might do with your personally identifiable information.  Should you have any objection to us sharing your personally identifiable information with a Collaborator, notify us immediately and do not register for or attend the event with that Collaborator.

Membership Basics

Membership is subject to approval by Networking Out LLC and requires payment of a membership fee to Networking Out LLC.

Membership with Networking Out LLC is on a rolling calendar based on the original join date and will continue on a month-to-month basis after the first three (3) continuous months of membership have been completed.  A minimum of three (3) months is required and your credit card will be billed for those months regardless of whether or not you attend or host any events with Networking Out LLC.

Networking Out LLC reserves the right to approve or deny membership as it sees fit and reserves the right to deny or revoke membership at any time for any reason without explanation and without refund of fees paid.

Networking Out LLC reserves the right to change pricing at any time, for any reason, with or without notice to you.  Networking Out LLC typically increases pricing annually, which will be communicated to you and you will have the opportunity to cancel your membership prior to such increase. If you do not cancel your membership prior to any price increase, you will not be entitled to a refund and you will be locked into the increased rate from there on. If you have any questions about pricing, please contact one of the Networking Out LLC leadership team members.

By providing your Credit Card information and agreeing to pay for membership with Networking Out LLC, you hereby authorize us (or our designee) to automatically charge your Credit Card on the same date of each calendar month (or the closest prior date, if there are fewer days in a particular month) during the term of your subscription (“Subscription Term”) for all fees accrued as of that date (if any) in accordance with the applicable sign up terms. You acknowledge and agree that the amount billed and charged each month may vary depending on your use of the Services and may include subscription fees for the remainder of your applicable billing period and overage fees for the prior month.

If a payment is not successfully settled due to an expiration of a Credit Card, insufficient funds, or otherwise, you remain responsible for any amounts not remitted to us and we may, in our sole discretion, either (i) invoice you directly for the deficient amount, (ii) continue billing the Credit Card once it has been updated by you (if applicable), and/or (iii) terminate your membership.

You may terminate your membership by sending us notice of non-renewal to hello@thenetworkingout.com, with termination effective at the end of the current monthly period, provided you have completed the three (3) month minimum.  If you terminate your membership before the expiration of the initial three month Membership Term, you will still be billed for the initial three month Membership Term, regardless of whether you attend any events.

Code of Conduct

As a Member or Participant in Networking Out, you acknowledge and agree that you shall adhere to the Networking Out Member/Participate Code of Conduct, including at least the following:

  • You will make a good faith effort to attend any event you register for.

  • You will be truthful with other Members, Participants, Collaborators, event hosts, and with Networking Out.

  • You will maintain a positive and supportive attitude with other Members, Participants, Collaborators, and event hosts.

  • You will take responsibility for your actions and inactions.

  • You will behave professionally at all times and treat other Members, Participants, Collaborators, and event hosts with respect.

  • You will not hijack an event and behave as if it is your own event.

  • You will not aggressively sell your services to attendees of events, Members, Participants, Collaborators, and/or to event hosts.

  • You will adhere to the ethical standards of your profession and, in the event that you are admonished or disciplined by your certifying authority and/or lose your license, you will immediately notify Networking Out and resign as a Member.

  • You will provide the highest quality of your services at the prices quoted to referrals received through Networking Out.

NIL Consent

By becoming a Member or Participant, you expressly and irrevocably grant to Networking Out a non-exclusive, royalty-free, perpetual license (“License”) to use your name, image, and likeness in photographs, videos, and other digital and print media on social media accounts and websites owned or controlled by Networking Out, including Instagram, TikTok, Facebook, Twitter, and LinkedIn without any obligation to seek your prior approval or provide compensation for such use. In the event that you wish to revoke the License, you agree that your will do so in writing and submit it to Networking Out at hello@thenetworkingout.com and provide a reasonable amount of time for the content to be removed.


You agree that you shall have no control or right to review or approve how your image is used by Networking Out and that you will not receive any compensation for the use of your name, image, or likeness.

Disclaimer

YOUR MEMBERSHIP WITH NETWORKING OUT AND PARTICAPTION IN OUR EVENTS IS AT YOUR OWN RISK AND WITHOUT WARRANTY.  OUR EVENTS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.  WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, GUARANTEES OF WEATHER CONDITIONS, SPEAKER AVAILABILITY, EQUIPMENT FUNCTIONALITY, SAFETY OF ANY ACTIVITY, ETC.  BY PARTICIPATING IN ANY OF OUR EVENTS, YOU ASSUME THE RISK OF INJURY, PROPERTY DAMAGE, AND/OR DEATH AND AGREE THAT NETWORKING OUT SHALL NOT BE HELD RESPONSIBLE FOR SUCH.

WHILE WE MAKE REASONABLE ATTEMPTS TO MAKE YOUR ACCESS TO AND PARTICIPATION IN OUR EVENTS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE EVENTS OR ACTIVITIES ARE SAFE OR THAT YOU WILL NOT BE INJURED OR HARMED BY YOUR PARTICIPATION IN OUR EVENTS.  YOU ARE SOLELY RESPONSIBLE FOR ANY POTENTIAL OR ACTUAL DAMAGES, INJURIES, OR OTHERWISE THAT RESULT FROM YOUR PARTICIPATION IN OUR EVENTS OR MEMBERSHIP IN NETWORKING OUT.

WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTIVITIES OR CONDUCT OF ANY OTHER MEMBERS, COLLABORATORS, OR PARTICIPANTS.

Limitation of Liability

IN NO EVENT SHALL NETWORKING OUT OR OUR AFFILIATES OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR REPRESENTATIVES BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PHYSICAL INJURY, PERSONAL PROPERTY DAMAGE, DEATH, OR LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN OUR EVENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DEATH, OR LOSS.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTS OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold us, our Affiliates, and our officers, directors, employees, agents, affiliates, service providers, successors and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs, arising from or relating to your breach of these Master Terms or violations of applicable laws or your violation of any party’s rights, including, but not limited to, intellectual property rights, rights of privacy, rights of publicity and confidentiality.

Dispute Resolution

In the event of any dispute, claim, question or disagreement arising from or relating to these Master Terms, or the relationship that results from these Master Terms, other than claims for injunctive or other equitable relief (a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute.  To this effect, the parties shall consult and negotiate with each other in food faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.  If the parties do not reach such solution within a period of thirty (30) days, then the Dispute shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section.  This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction.  Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA.  The demand for arbitration shall be made within the time provided herein, and in no event shall any demand be made after the date when institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations.  The parties agree that one (1) arbitrator shall arbitrate the Dispute.  The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA.  The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.

Waiver of Jury Trial. Each Party irrevocably and unconditionally waives any right it may have to a trial by jury for any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.

Force Majeure. Networking Out shall not be liable to you or any other person, firm or entity for any failure of performance under these Master Terms, if such failure affecting us or our service providers and contractors is due to any cause or causes outside our control, including but not limited to, strikes, labor disputes, lockouts, or work stoppages, or other labor difficulties, shortages of labor or materials, riots, disease, vandalism, civil disturbances, acts of terrorism, wars, third-party provider outages, cable cuts, power crisis shortages, infrastructure outages or failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, inclement weather, fires, floods, storms, explosions, and other uncontrollable acts of God or nature, or other similar occurrences; any law, order, regulation, direction, action, or request of the United States or foreign government (including state and local governmental agency, department, commission, court, bureau, corporation, or other instrumentality of any one or more of said governments) or of any civil or military authority, or national emergencies.

Miscellaneous

Entire Agreement.  These Master Terms constitute the entire agreement between you and Networking Out and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. You may be subject to additional third-party terms and policies based on your attendance at events hosted by Collaborators and other third-parties.  No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.  In the event of a conflict between these Master Terms and any other terns, these Master Terms shall govern.  If any provision of these Master Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Master Terms will continue in full force and effect.  The headings of sections and paragraphs in these Master Terms are for convenience only and shall not affect its interpretation.

Choice of Law.  These Master Terms are governed by the laws of the State of Texas.

Notices. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notices at our events, as determined by us. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.  We recommend that you add hello@thenetworkingout.com to your email address book to help ensure you receive email notifications from us.

No agency, partnership, joint venture, or employment is created as a result of these Master Terms and you do not have any authority of any kind to bind us in any respect whatsoever. You and we agree there are not third-party beneficiaries intended under these Master Terms.

Assignment and Transfer. You may not assign, transfer, or convey these Master Terms or any obligations thereunder without our prior written consent.  Any purported assignment, transfer, or conveyance by you in violation of these Master Terms shall be of no power or effect.  You also consent to the personal information, including sensitive information, of you, being assigned, transferred, or conveyed in the event of a business transition such as, but not limited to, a merger, sale, asset or stock acquisition of us by another company, or other transaction or proceeding. In such a case, your information would be used as set out in our Privacy Policy.  We may assign, transfer, or convey (whether by contract, merger, or operation of law) these Master Terms, or any portion thereof, in our sole discretion.