Terms and Conditions |
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Welcome
to our Web site. By using
our site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms carefully.
If you do not agree to these terms, you should not use this site. The term “TheAboutMe.com”
or “us” or “we” or “our” refers The About Me, the owner of
the Web site. The term
“you” refers to the user or viewer of our Web Site. By using this
site and providing us your email address you agree to receive
communications from us and our partners. If you sign up to access our
paid content area you agree that you understand and agree to the
payment terms (Trial Memberships: cost $1.97 for 24 hour access and
must be canceled by emailing accounts@theaboutme.com with your full
name and email address within 24 hours or you will be automatically
enrolled in a $19.97 monthly plan until you cancel. Three Month
Memberships: Are billed at $29.91 immediately and every three months
until you cancel or $36 immediately and every three months until you
cancel depending on the pricing page you landed on. Year Long
Memberships: Are billed at $48 immediately and every 12 months until
you cancel. You can cancel by emailing accounts@theaboutme.com with
your Full Name and Email Address or by calling (626) 407-2630 and
leaving us your Full Name and Email Address.) 1. Acceptance of Agreement. You
agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the
"Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest Agreement will
be posted on the Site, and you should review this Agreement prior to
using the Site. 2. Copyright. The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 4
below, is strictly prohibited. You do not acquire ownership rights to
any content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the content on the
site is the copyrighted work of third parties. 3. Service Marks. "TheAboutMe.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners. 4. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. 5. Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. 6. Information, Forms, Agreements & Documents We may make available through the Site or through other Web sites various information, search results, personal information, pictures, images, sample and actual forms, checklists, business documents and legal documents (collectively, “Premium Content”). All Premium Content is provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Premium Content is provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. The PREMIUM CONTENT IS provided “as is”, “as available”, and with “all faults”, and we and any provider of the PREMIUM CONTENT disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. Significant amounts of the Premium Content is derived from publicly available sources. You may be able to locate Premium Content using your own search methods. We will categorize Premium Content based on our own internal system. We make no representations or warranties that your interpretation of the categorization will match our categories. These are our best effort at categorization. 7. Completeness and Accuracy of Information We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. 8. Linking to the Site. You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us. 9. Advertisers. The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. 10. Registration. Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. 11. Errors, Corrections and Changes. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. 12. Third Party Content. Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. 13. Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. 14. Indemnification. You
agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, attorneys,
advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the Site.
15. Nontransferable. Your
right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not
transferable or assignable. 16. Disclaimer. THE
INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL
FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS
PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT. 17. Limitation of Liability
(a)
We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way
from (a) any errors in or omissions from the Site or any services or products
obtainable therefrom, (b) the unavailability or interruption of the
Site or any features thereof, (c) your use of the Site, (d) the
content contained on the Site, or (e) any delay or failure in
performance beyond the control of a Covered Party. 18. Use of Information. We
reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy. All
remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat any
Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities that
may appear in our future products, services or operations. Without
limitation, we will have exclusive ownership of all present and future
existing rights to the Submission of every kind and nature everywhere.
We will be entitled to use the Submission for any commercial or other
purpose whatsoever, without compensation to you or any other person
sending the Submission. You acknowledge that you are responsible for
whatever material you submit, and you, not us, have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright. 19. Third-Party Services. We
may allow access to or advertise certain third-party product or
service providers ("Merchants") from which you may purchase
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of or purchase from
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY
KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. 20. Third-Party Merchant Policies. All
rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other. 21. Privacy Policy. Our
Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must
review this Privacy Policy by clicking on this link. 22. Payments. You
represent and warrant that if you are purchasing something from us or
from Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit
card company, and (iii) you will pay the charges incurred by you at
the posted prices, including any applicable taxes. You represent that
you have read and understand the terms and pricing of the purchases
you make with us which may include an automatically recurring monthly
subscription payment for access to our site. 23. Securities Laws. The
Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions, plans
and objectives (particularly with respect to product and service
offerings), that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When
used on our Site, words like "anticipates,"
"expects," "believes," "estimates,"
"seeks," "plans," "intends,"
"will" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of an
offer for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents. 24. Links to other Web Sites. The
Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so
at your own risk. 25. Copyrights and Copyright Agents. We
respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent
the following information:
a.
An electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright interest;
b.
A description of the copyrighted
work that you claim has been infringed;
c.
A description of where the material
that you claim is infringing is located on the Site;
d.
Your address, telephone number, and
email address;
e.
A statement by you that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
f.
A statement by you, made under
penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf. 26. Information and Press Releases. The
Site contains information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us. 27. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein. 28. Refund and Return Policy. We will only issue refunds for fraudulent charges. Otherwise we will not issue refunds for any reason. 29. Miscellaneous. This
Agreement shall be treated as though it were executed and performed in
Los Angeles, California, and shall be governed by and construed in
accordance with the laws of the State of California (without regard to
conflict of law principles). Any cause of action by you with respect
to the Site (and/or any information, Documents, products or services
related thereto) must be instituted within one (1) year after the
cause of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in Section 16 and
Section 17. The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against any party. This
Agreement and all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a third party
in the event of an acquisition, sale or merger. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything in
or associated with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision. Our rights under this
Agreement shall survive any termination of this Agreement. 30. Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS. 31. Paid Membership Plans By submitting a credit card and accessing our paid content area you agree to be bound by our payment plans. You agree that you understand and agree to the payment terms: Trial Memberships: cost $1.97 for 24 hour access and must be canceled by emailing accounts@theaboutme.com with your full name and email address within 24 hours or you will be automatically enrolled in a $19.97 monthly plan until you cancel. Three Month Memberships: Are billed at $29.91 immediately and every three months until you cancel or $36 immediately and every three months until you cancel depending on the pricing page you landed on. Year Long Memberships: Are billed at $48 immediately and every 12 months until you cancel. All of our plans continue at the specified interval until you cancel. We do not issue refunds except for fraudulent transactions that can be fully documented. We reserve the right to determine what is classified as a fraudulent transaction on whatever basis we desire. You agree that if you submit a refund request to us and we deny the refund that you will not pursue any further action to get your payment back. You agree not to chargeback or reverse a transaction with your bank (unless it is for Fraudulent activity such as a stolen card) and if you do so you agree to reimburse us the costs to respond to the chargeback or reversal and compensate us for all damages and costs associated with that action. You also agree and understand that if you seek a refund or initiate a chargeback or reversal that we may provide your name and other information to other companies in order to respond to your actions and to prevent you from engaging in any electronic transactions in the future. We will also use any and all information you have provided us and that we can gather to respond and refute any claims we believe to be false. You agree to hold us harmless for any actions we take to respond to refund requests, chargebacks or reversals. 32. Email By filling out a profile on our first page you submit a full name and email address to us. By doing this you have agreed to our terms and conditions. With regard to email you agree to our Privacy Policy. You also agree and understand that we will use the information you submit to us, including your email address, to send you updates and other communications. You may receive a significant number of emails in the form of alerts, monitoring emails or other communications regarding posts about the name you entered or other information that we determine is linked to information you supplied us. The purpose of these emails is to help promote our products and services and you explicitly grant us this right and agree that such email is not SPAM nor will you classify it as SPAM. If you do not wish to receive these emails you can click 'UNSUBSCRIBE' on the links provided in the email or contact us per the instructions contained in our Privacy Policy. 33. Phone By submitting this request you grant permission for us or our partners to call you at the number provided even if you are on any DNC registries or have provided you wireless phone number.
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