SpotlightUs Terms of Service

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SpotlightUs Terms of Service Agreement

PLEASE READ THIS SPOTLIGHTUS TERMS OF SERVICE AGREEMENT CAREFULLY, BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "PURCHASE" BUTTON, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This SpotlightUs Terms of Service Services Agreement (the "Agreement") governs the provision of the Services (as defined below) by AboutUs, Inc. ("AboutUs") to you. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. AboutUs reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this site (AboutUs.org). AboutUs will provide you notification of such changes or revisions by contacting you through the email address you provide during registration and by posting such changes on this page. The changed or revised Agreement will be effective ten (10) days after AboutUs's transmission of that notice to you. Your use of the Services following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. AboutUs encourages you to review the terms of this Agreement whenever you visit the AboutUs website to make sure that you understand the terms of the Services provided to you. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with AboutUs for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Services. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. THE SERVICES

(a) Services. AboutUs offers Services labeled "SpotlightUs", which allow you to promote your company with an interactive page on AboutUs.org. For a one-time payment of one hundred and ninety-seven dollars ($197.00), AboutUs will assist you in creating a content-rich page about your company on AboutUs.

(b) Taxes. All payments required by this Agreement are exclusive of all national, state, municipal or other governmental excise, sales, value-added, use, taxes and similar taxes now in force or enacted in the future, all of which you will be responsible for and will pay in full (other than taxes on AboutUs's net income).

II. YOUR REGISTRATION AND ACCOUNT

(a) Registration Obligations. In order to use the Services, you must provide AboutUs with certain information ("Registration Data") requested on the checkout screen; inquiries marked "required" must be answered, and any other request for information may be left blank. You agree that the Registration Data you provide is true, accurate, current and complete. AboutUs reserves the right to terminate your use of the Services and refuse to provide you with any and all current or future use of the Services if AboutUs, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.

(b) Registry Information Download. As part of the registration process and once you have completed the information specified in (a) above, AboutUs's software automatically collects certain information from your computer (including your Internet address, browser type, operating software, and other computer registry information). You allow the AboutUs software to obtain this information and you agree that you will not manipulate or falsify such information.

III. AGREEMENT TO PAY.

You agree to pay all fees and charges specified when you order any Services which require a fee, including any recurring and nonrecurring charges, taxes, fees and assessments applicable to the Services. Unless otherwise noted, all currency references are in U.S. dollars. AboutUs reserves the right to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by us in our efforts to collect any remaining balances from you.

IV. NO REFUNDS OR CREDITS

Upon cancellation or termination of the Services, unless otherwise noted, you will not receive a refund for charges or fees associated with the Service.

V. YOUR RESPONSIBILITIES AND ACKNOWLEDGMENTS

(a) Compliance With Laws, Regulations and Requirements. You will not use the Services for illegal purposes but will abide by and comply with (1) all applicable local, state, national, and international laws and regulations in your use of the Services (including laws regarding the transmission of technical data and encryption exported from the United States), and (2) all requirements, procedures, policies and regulations of networks connected to the Services.

(b) Non-Interference. You will not interfere with or disrupt (a) the use and enjoyment of the Services by other users; or (b) the Services or servers or networks connected to the Services (including, without limitation, any attempt to gain unauthorized access to other computer systems or networks connected to the Services).

(c) Resale of the Service. You will not resell the Services or the use of or access to the Services.

(d) Account Disputes and Unacceptability of Chargebacks. If you have a question about charges made to your account, please contact AboutUs immediately. You may request that AboutUs refund charges to your charge, credit, or debit card. AboutUs will review such request and respond within five (5) business days. However, you acknowledge and agree that chargebacks requested through your issuing bank are an unacceptable charge dispute resolution method. If you dispute the credit card charge that AboutUs charges for its services, AboutUs reserves the right to suspend your account as soon as AboutUs is informed of it. You agree to immediately pay to AboutUs any chargebacks of amounts originally charged to your charge, credit or debit cards, as well as any fees incurred by AboutUs related to such chargebacks. Your responsibility for chargebacks and related fees will continue even if you have received the funds, and/or closed your account. Any chargeback fees, past due fees and costs will be sent to collections. If AboutUs's collection efforts fail, unpaid debts may be reported to the State of Washington, all available credit reporting agencies, and Internet fraud databases.

VI. GRANT OF LIMITED LICENSE BY ABOUTUS TO YOU

AboutUs offers user-provided and edited information regarding various Internet web Sites. The proprietary software associated with the Site, which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work (and subject to other intellectual property laws). Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, AboutUs grants to you a personal, nonexclusive, non-assignable and nontransferable license to use the Site (and the underlying software for the sole purpose of using this Site) from a single computer and to use the Site solely as permitted under this Agreement.

VII. RESTRICTIONS OF LIMITED LICENSE

Unless AboutUs otherwise notifies you or restricts your use of this Site, you may freely post and edit content, including news, entertainment, and information, to and at this Site. You agree that all such posts and edits shall reasonably relate to the topic of information intended for the pages to which you post or edit content.

Unless you have a separate written agreement with AboutUs authorizing you to do so, you will: (i) not copy or distribute the software or source code behind the Site to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Site or otherwise attempt to discover or re-create the source code to the Site; (iii) comply with all applicable laws in using or accessing the Site; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Site (except for the content); and (v) not remove, alter, or obscure any proprietary notices (including copyright notices) of AboutUs or its suppliers in any portion of the Site.

VIII. GRANT OF LIMITED LICENSE BY YOU TO ABOUTUS

With respect to any content (including, without limitation, any news, reviews, entertainment, information, or other text or images) you post to this Site (“Your Content”), you agree and hereby grant to AboutUs a perpetual, royalty free and non-exclusive right and license to publish Your Content on the Site or on any other Site or in any other media throughout the universe. AboutUs may reproduce, modify, adapt, distribute and/or publish any of Your Content for any reason, in any media, at any time. For example, AboutUs may utilize Your Content for online or offline advertising which promotes AboutUs or the Site, without any royalty or payment being owed to you. Similarly, AboutUs may license Your Content to third parties, without any royalty or payment being owed to you.

You represent, warrant, and guarantee that you have the full right, ability, and authority to post Your Content to the Site and grant this license to AboutUs.

IX. THIRD PARTY LINKS

AboutUs is not responsible in any way for, and does not guaranty the availability of, any third party websites and resources which may be accessed through the AboutUs website. In addition, AboutUs does not endorse and is not responsible or liable for any content, advertising, goods, or services, or other materials available on or from such websites or resources. AboutUs will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, goods or services, or other materials on or available from such websites or resources.

X. YOUR PRIVACY

AboutUs believes strongly in protecting user privacy and providing you with notice of AboutUs's use of data, including personal identifying information, collected on the AboutUs website. Unless required to provide the Services to you, AboutUs will not disclose your personal identifiable information to third parties without your express permission. Please refer to the current AboutUs Privacy Policy (www.AboutUs.org/AboutUs:Privacy_policy) for information regarding how AboutUs uses and collects information about you.

XI. TERMINATION

(a) By AboutUs. AboutUs may terminate your right to use the Services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from AboutUs concerning the accuracy or completeness of the information referred to in Article II of this Agreement, or if AboutUs determines in its sole discretion that you have violated this Agreement. Furthermore, AboutUs reserves the right to, in its sole discretion, and without prior notice to you, refund your payment made under section I and terminate the Services.

(b) Effect of Termination. You will not receive any refund for payments already made by you as of the date of termination. If termination of this Agreement is due to your breach hereunder, you will bear all costs of such termination, including any reasonable costs AboutUs incurs as a result. You will pay any and all costs incurred by AboutUs in enforcing your compliance with this Article. Upon termination, you shall destroy any copy of the materials provided to you and referenced herein.

XII. INDEMNITY

You will release, indemnify, defend and hold harmless AboutUs, and any of its contractors, agents, employees, officers, directors, shareholders, members, managers, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement, (2) the Services or your use of such Services, (3) any intellectual property or other proprietary right of any person or entity, (4) your violation of any of the provisions of this Agreement, or (5) any information or data you supplied to AboutUs, including, without limitation, any misrepresentation in your Registration Data, if applicable. When AboutUs is threatened with suit or sued by a third party, AboutUs may seek written assurances from you concerning your promise to indemnify AboutUs; your failure to provide those assurances may be considered by AboutUs to be a material breach of this Agreement. AboutUs will have the right to participate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend AboutUs against any claim, but you must receive AboutUs's prior written consent regarding any related settlement. The terms of this Article will survive any termination or cancellation of this Agreement.

XIII. DISCLAIMER OF WARRANTIES

(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ABOUTUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, ANY RESULTS OBTAINED THROUGH THE SERVICES, AND ANY GOODS OR SERVICES OBTAINED ON OR THROUGH THE SERVICES.

(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ABOUTUS MAKES NO WARRANTY:

(1) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(2) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED;

(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ABOUTUS OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

XIV. LIMITATION OF LIABILITY

(a) ABOUTUS'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID IN EXCHANGE FOR THE SERVICES.

(b) ABOUTUS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCURING SUBSTITUTE SERVICES; (3) ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ABOUTUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) ABOUTUS WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

(d) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XV. NOTICES AND ANNOUNCEMENTS

You authorize us to notify you of information that AboutUs deems is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. All written notices to AboutUs shall be delivered to All notices not sent by e-mail shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested.

XVI. AGREEMENT TO BE BOUND

By applying for the Services through AboutUs's online registration process or otherwise, or by using the Services, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

XVII. GENERAL

(a) Entire Agreement. This Agreement comprises the entire agreement between you and AboutUs and supersedes any prior agreements pertaining to the subject matter contained herein.

(b) Effect of Waiver. The failure of AboutUs to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

(c) Governing Law and Jurisdiction. This Agreement is governed by the laws of the State of Washington, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in King County, Washington, USA. You hereby consents to the exclusive personal jurisdiction of the courts in Seattle, King County, Washington, USA for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement. The exclusive venue for such action shall be the United States District Court for the Western District of Washington in downtown Seattle. If such dispute does not fall within the jurisdiction of the United States federal courts, then the exclusive venue for such action shall be the Superior Court of the state of Washington in Seattle, King County, Washington USA. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.

(d) Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(e) Heading. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect.

(f) Force Majeure. Neither party will be deemed in default hereunder, nor will it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) will give the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) will take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this paragraph extends for a period in excess of thirty (30) days in the aggregate, AboutUs may immediately terminate this Agreement.

(g) Survival. In the event this Agreement terminates as provided herein, Articles V, VI, VII, VIII, IX, XI, XII, XIII, XIV, XVI, XVII of this Agreement will survive such expiration or termination.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.



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