Terms of Service
We offer you the web sites, applications, services and content on WhereOrg.com and its affiliated sites and services (“WhereOrg”) on the condition that you agree to the following terms.
EACH TIME YOU ACCESS, USE OR REGISTER FOR WhereOrg.COM, YOU ARE SIGNIFYING YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (either the "Terms of Service" or "Agreement").
You may not use WhereOrg if you do not agree to these Terms of Service.
In this Agreement, (a) the term "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms of Service; (b) the term "Content" means any data, information, text, images, audio, video, profiles and all other forms of data and communications on WhereOrg.com that is provided by us, our Contributors, affiliates and users; and (c) the term "Contributors" means our users, third party providers, licensors and businesses and proprietors that post Content, which include any profiles and listings, on WhereOrg.com. These Terms of Service serve as a binding contract between you and us and govern your relationship with us.
Changes to these Terms
We may make changes to the terms of this Agreement at any time. You assume the responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. If you disagree with any material changes to this Agreement, you must discontinue your use of WhereOrg.com. Your ongoing use of WhereOrg.com after the changes take effect signifies your agreement to the new terms.
Changes to the Services
We may change, update or discontinue any offering, feature or Content on WhereOrg at any time and without notice.
Registration and Eligibility
Registration is optional; however, you will need to register with us to use all of our features and services. We will open an individual member profile account when you register on WhereOrg, which we will refer to as a “profile” in this Agreement. In order to register with WhereOrg, you must meet the following qualifications:
- You must be at least 18 years of age and have legal capacity to agree to these Terms of Service.
- You must provide true, accurate, current and complete registration information.
- You agree to keep this information up-to-date.
- You must abide at all times with the Terms of this Agreement.
We are not responsible if we are unable to communicate with you because you have not kept your registration information up to date. By accessing and/or registering for the use of WhereOrg, you represent and warrant that (a) you have the authority and legal capacity to enter into the Agreement and follow its obligations, (b) you have the authority to bind your principal or employer company if you are applying on behalf of a business, and (c) you are providing true, complete and current information.
License and Authorized Uses
We grant you a non-exclusive, non-transferable, limited license to access and use WhereOrg.com and the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold. Any use of WhereOrg.com and its Content beyond this limited license is prohibited. You may use such Content only (1) to display internally such Content for your internal business and research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. You may create a profile and post information on WhereOrg.com, unless such action breaks any laws, regulations or agreements. Any other access and use of WhereOrg.com is not authorized.
Unauthorized Access and Use of WhereOrg.com
You may not directly, indirectly or through any intermediary:
- Copy, scrape, crawl, mine, spider, record, aggregate, resell, retransmit, redistribute, modify, translate or otherwise create derivative works of WhereOrg.com, its databases, Content, or its user IDs or passwords;
- Violate these Terms of Service;
- Violate applicable laws and regulations;
- Violate the intellectual property rights, privacy rights or the rights of others;
- Frame our Web sites, pages or other Content;
- Use any automated means to create one or more profiles or user IDs;
- Offer services or assist any other party to circumvent the restrictions in these Terms of Service;
- Store or use our databases or Content to create an archival, searchable database of Content or compile data in a way that can be used by a competitive listing product or service;
- Use our data, information about our customers or Content to send spam, unsolicited communications or other mass communications to consumers or third parties;
- Use our trademarks, logos, or trade names without our express authorization to solicit your own customers, to imply any affiliation between you and us, or to make misrepresentations about WhereOrg.com or us;
- Make excessive traffic demands on our computer networks, impair, damage, disable or otherwise attack WhereOrg.com or our computer networks, or attempt to gain unauthorized access to WhereOrg.com through any manual or automated means;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion or WhereOrg.com or otherwise attempt to derive any source code or underlying ideas or algorithms of WhereOrg.com;
- Circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content;
- Remove any copyright, trademark or other proprietary rights notices;
- Impersonate any person, business or entity, including our company and our employees and agents;
- Intentionally or negligently mislead others.
You are responsible for all activities under your profile, including all legal liability incurred from the use of your profile by you or others. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through WhereOrg. We are not responsible if your profile or account is compromised if any of your devices containing your profile (such as a mobile device) is lost or stolen. You are responsible for notifying us immediately if your profile has been compromised.
Use of Content, Forums, Reviews, Comments and Message Boards
WhereOrg PROVIDES THE CONTENT “AS IS” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY ARE YOUR OWN RISK. We offer the Content for general information, general discussion, education, and entertainment purposes only. Do not construe that all of the Content is either endorsed or verified by our Contributors or us. WhereOrg is not intended to provide personalized investment or other regulated professional advice. Nothing contained on WhereOrg may be provided or should be construed as providing (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. Our contributors and we are not liable to you or any third party for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content posted or otherwise transmitted by any users. We do not endorse opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility to you or any third party, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on WhereOrg that violates this Agreement, as we determine in our sole discretion.
You acknowledge that we may, but we have no obligation to you or any third party, to investigate and take appropriate technical, legal and equitable action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their user profile and/or reporting such Content, conduct, or activity to law enforcement authorities. We may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our and our Contributors legal rights or property, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of WhereOrg or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with application laws or other legal process.
Important Terms about the Content You Post on WhereOrg
WhereOrg offers features where Contributors may post Content such as business profiles, ratings and comments on forums and discussion boards. Except for the Content licensed by our Contributors or us to you, we do not claim ownership of any Content posted by you or our other users. However, by submitting Content to WhereOrg:
- You grant us, our affiliates, and distributors a perpetual, worldwide and royalty free right to use, copy, store, display, perform, distribute, redistribute, syndicate, transmit, adapt and promote your Content, and any information contained within such Content, in any medium including, without limitation, the use of your user name and alias associated with your Content;
- You grant other users of WhereOrg free permission to view and use your Content; and
- We own all rights in any compilation and collective works of Content as organized and presented on WhereOrg and retained in our databases.
If you participate in any feature on WhereOrg that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on WhereOrg. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove the Content from WhereOrg at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.
In addition to the restrictions specified above, you may not use WhereOrg to submit Content or engage in any conduct that:
- Violates any laws, regulations or agreements;
- Constitutes stock touting;
- Posts or transmits any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, or other proprietary rights;
- Discloses anyone’s identification documents, sensitive financial information or other private or sensitive information;
- Is unlawful, threatening, abusive, harassing, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- Publishes falsehoods or misrepresentations that could damage any person or entity, or is otherwise defamatory, libelous or deceptive;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonates any person, business or entity, including without limitation, impersonating others to post favorable comments to your profile or business;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Violates any applicable local, state, federal, national or international law, statute, ordinance, or regulation including, without limitation, Credit Card Association rules, consumer protection laws, laws regulating tobacco-related products and electronic cigarette sales, and laws pertaining to unfair competition, false advertising and antidiscrimination;
- Promotes any form of gambling or lottery type services not affiliated with a state-run lottery service;
- Promotes dating, escort, strip-tease acts or prostitution;
- Is associated with illegal telecommunications or cable television equipment;
- Is associated with the sale of (a) any controlled drug that requires a prescription from a licensed practitioner unless you are authorized by the National Association of Boards of Pharmacy to offer such products as a Verified Internet Pharmacy Practice Site and only if such a prescription has been issued by the practitioner after a bona fide examination of the patient; or (b) any over-the-counter drug, unless the sale of such product, without a prescription, has been approved by the Food & Drug Administration; or (c) nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval; or (d) any drug or controlled substance that WhereOrg believes to be or may become harmful, unlawful, or prohibited;
- Violate Title IV of the Higher Education Act of 1965, Family Education Rights and Privacy Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, Fair Housing Act or the Fair Credit Reporting Act;
- Is associated with the sale of firearms;
- Involves posting “fake” endorsements or recommendations; or
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability.
In order to help you comply with these Terms of Service, you agree to review the information made available to the public by the Security Exchange Commission regarding the prohibitions against insider trading.
You acknowledge that posting Content that violate the terms of this Agreement, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to us that your conduct on WhereOrg will at all times comply with the terms of this Agreement.
You are solely responsible for backing up any Content that you store on any customizable area on WhereOrg. We are not responsible for the loss of any data or Content you elect to store on WhereOrg.
By submitting Content on WhereOrg.com, (a) you represent and warrant that your Content is true, accurate, current, complete and that you own or have express permission to post the materials on WhereOrg.com; (b) that you have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any laws, regulations or agreements; (c) in the event your Content contains the name, image, video, audio or participation by individuals, performers or entities other than you, that you have obtained such parties consent to their appearance or use of their contribution in the Content that you upload; and (d) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.
Disclaimer of Warranties
We provide WhereOrg.com "as is", "with all faults" and "as available." YOUR USE OF WhereOrg.COM IS AT YOUR OWN RISK. Our Contributors and we make no express warranties or guarantees about WhereOrg.com and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT WhereOrg.COM AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF WhereOrg.COM. WE DO NOT GUARANTEE THAT WhereOrg.COM WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE WhereOrg.COM AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability
OUR PARENT, OUR CONTRIBUTORS, OUR DISTRIBUTORS AND WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF WhereOrg.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU ("THIRD PARTY USER") TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER'S USE OR RELIANCE UPON WhereOrg.COM, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WhereOrg.COM SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR WhereOrg.COM SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.
We may cancel or suspend your access to WhereOrg at any time, without cause and/or without notice. Your right to use WhereOrg will end once your service is terminated, and any data you have stored on WhereOrg may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of WhereOrg. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Electronic Contracting and Notices
You agree to transact with us electronically. You agree that these Terms of Service have the same effect as an agreement signed in writing. You also agree that we may send to you in electronic form any privacy or other notices, terms, disclosures, reports, documents, communications or other records regarding WhereOrg (collectively, “Notices”) or anything related to your use of WhereOrg.
We can send you electronic Notices (1) to the e-mail address that you provided to us during registration; (2) via text message if you elected to receive any mobile alerts, (3) by posting the Notice on WhereOrg’s web page, mobile pages or applications. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.
This Agreement and any supplemental terms, policies, rules and guidelines posted on WhereOrg constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.