Terms of Use

User Agreement

Content and Intellectual Property Rights
Although we offer most of the content on this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the service. The materials available through this website are the property of us and our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use
But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this website in any form (including by email or other electronic means) without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on our website and to tell them how to find it.

Your Posted content
By submitting material to us, you are representing that you are the owner of the material, or are making your posting with the express consent of the owner. By submitting material to any public posting areas of this website, such as Reviews, Happenings, discussion forums, Feedback or Message boards, you agree that we (including our partners, agents, affiliates and service providers (collectively, "Third Party Providers"), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose.
You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or user name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

This site is for general public use and hence you may not, and hereby represent and warrant that you will not, post, transmit, e-mail or otherwise make accessible on or through the website any posting that is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy; or that is hateful, or malicious; is or could be harmful to minors; or contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by Copley or any other party; or otherwise violates any local, state, national or other applicable law or regulation. You may be held liable for any illegal or prohibited postings made accessible on or through the website or to other users, including, for example, infringing, defamatory, or offensive materials.
We reserve the right to edit, remove, or to refuse to post, any posting, in whole or in part, for any or no reason, including, but is not limited to, any posting that violates the Terms of Use or is otherwise objectionable, in our sole discretion. We may not submit all postings that we receive.

Links
We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.

No Framing
You may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property.

Trademarks
We don't want anyone to be confused as to which materials and services are provided by us and which aren't. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.

Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify us by sending a notice by U.S. Mail to address listed in our Contact US section of the website. You should only send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on this website.

DISCLAIMERS
We work hard to make this website a useful place. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these Disclaimers carefully before using this website.

Use at Your Own Risk
We provide the material available through this website for informational purposes only. You may only use the material and the services available through this website for your personal and non-commercial use. We try to ensure that information we post to this site is both timely and accurate, and that the services offered are reliable. Yet despite our efforts, errors may occur from time to time. Before you act on any information you've found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

Materials Submitted by Other Users
Many of the business listings and other materials available on this site are posted by third-party advertisers. We cannot and do not review every business listing or posting made in other areas available for public postings. Nor do we take steps to confirm the accuracy of any listings or postings submitted by advertisers or other third parties. You may well read any given listing or posting before anyone on our staff does. Take what you find with a grain of salt. We do not endorse or guarantee the accuracy of any listing or posting. There is no substitute for healthy skepticism and your own good judgment.

No Endorsements
We are not responsible for, and cannot guarantee the quality, safety or performance of, goods and services provided by our advertisers or by others who advertise on sites that we link to. A business listing on our site does not constitute our endorsement of the business featured in the listing or of any product, service or other material offered through such business. Similarly, a link to another website does not constitute our endorsement of that site or of any product, service or other material advertised on or offered through such site.

No Warranties
THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Spam We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.

Indemnity You agree to indemnify and hold us and our affiliates, agents and licensors, harmless from any claim that may arise from your use of any Communication Service available through this website.

Limitations on Our Liability
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.

Business Account Agreement

Payment
Premium Merchant Account (account types "Gold" and "Platinum") participants will pay AroundMe the amounts (if any) in accordance with the payment terms specified in Registration Form. For purposes of this Agreement, "Listings" or "Postings" mean any listings and promotional or informational materials for participant in AroundMe. AroundMe may change any fees to be paid by Merchant by providing thirty (30) days written notice (which may, in AroundMe's discretion, be sent by email, mail or fax) to Merchant. Merchant may terminate this Agreement following receipt of a notice of an increase in fees by providing written notice to AroundMe, via email sent to AroundMe's email address specified in the Contact Us section, within ten (10) days after the date that Merchant receives such written notice. Such termination will be effective as of the date that the new fees would have become effective.

Special Terms
(a) Generally, Premium Account fees paid to AroundMe LLC, will not be refunded to participants. Our Service offers great value at favorable rates and wide exposure for Merchant's business as well as significant advantages that improve the chances of a consumer noticing Merchant's business offering, therefore we cannot offer refunds on fees arising from Premium Accounts.
However, AroundMe may refund the account fees in the following conditions:
(a) if AroundMe, through no fault of Merchant, fails to publish Merchant's information within 5 business days following the date Merchant places the order for a Premium Account and such Premium Account remains unpublished as of the date Merchant issues a cancellation to AroundMe. (Note: Since AroundMe has 5 business days to publish each Premium Account, Participant may not cancel any unpublished Premium Account during the first 5 business days following the date Participant places the order for a Premium Account).
(b) if Participant mistakenly orders and pays for a duplicate Premium Account and, upon prompt discovery by Merchant, seeks to cancel and obtain a refund for the fees associated only with such duplicated Premium Account(s). AroundMe cannot provide a refund on the original Premium Account. Likewise, AroundMe cannot provide a refund for any duplicate Premium Accounts if Merchant fails to cancel such duplicate Premium Account(s) within ten (10) days from the date Merchant placed the order for such duplicative Premium Account(s).

Positioning/Right to Reject/No Resale
Though AroundMe will consider positioning requests, the positioning and scheduling of Listings is at AroundMe's discretion. Merchant acknowledges that AroundMe makes no guarantees with respect to usage statistics, levels of impressions, or readership or viewership levels for any Listings. AroundMe reserves the right to edit, reject or cancel any Listing or position commitment at any time. In addition, AroundMe may reject any URL link embedded in any Listing. Merchant may not broker any listing or resell, assign or transfer any of its rights or obligations under this Agreement.

Agencies
If Merchant uses an advertising agency in connection with any Listing, Merchant and such agency will be jointly and severally liable under this Agreement. The person or entity signing this Agreement warrants that it is duly authorized and has the full power to bind Merchant, and agrees to indemnify and hold AroundMe, its affiliates and the officers, directors, employees and representatives of each of these, harmless from any and all claims, losses, damages and costs (including reasonable attorneys' fees) arising out of any breach of this warranty. Merchant will be solely responsible for any commission due any agency.

User Feedback
Merchant acknowledges and agrees that users of AroundMe's online services may be given the opportunity to provide reviews and/or feedback relating to Merchant and its products or services; that some of such reviews and feedback may be positive, while other such reviews and feedback may be negative; that AroundMe cannot and does not review all such reviews and feedback, nor does AroundMe have any control over such reviews and feedback; and that under no circumstances shall AroundMe be held responsible or liable for any claims or damages arising out of any reviews or feedback.

Term/Termination
The term of this Agreement will begin on the date of Registration and, unless terminated earlier in accordance with this Agreement, will continue for 30 days, automatically renewing at the end of each month. This Agreement will automatically renew for successive terms of the same duration as the initial term, unless either party notifies the other, in writing, of its decision not to renew at least ten (10) days prior to the end of the then-current term. Notwithstanding anything to the contrary in this Agreement, AroundMe may terminate this Agreement at any time by providing ten (10) days written notice to Merchant. Upon termination of this Agreement, all amounts due under this Agreement that accrued on or before the termination date will become immediately due and payable.

Indemnification
Merchant represents and warrants that the Merchant Information, the Merchant Materials and all other materials provided by Merchant (a) will not violate any applicable law, rule or regulation (including, but not limited to, any law relating to false or deceptive advertising), will not be libelous and will not infringe any right of any third party, including, but not limited to, any contractual right, copyright, trademark or trade secret right or any right of privacy or publicity. Merchant will indemnify, defend and hold AroundMe, its affiliates and the officers, directors, employees and representatives of each of these harmless against any and all claims, expenses, losses and costs of any kind (including reasonable attorneys' fees) incurred by them in connection with any breach or alleged breach by Merchant of this warranty or any other provision of this Agreement, any Listings, Merchant Materials, the Merchant Information and/or any actions of Merchant.

Provision of Listing Materials
Merchant will, at Merchant's expense, provide copy and other materials necessary for the Listings (the "Merchant Materials" in accordance with AroundMe's policies in effect from time to time. AroundMe may dispose of any such materials unless acceptable prepaid return arrangements have previously been made. Merchant is solely responsible for obtaining all necessary licenses for the use of the Merchant Materials.

DISCLAIMER
AroundMe MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AroundMe, ITS AFFILIATES AND THE OFFICERS DIRECTORS, EMPLOYEES AND REPRESENTATIVES OF ANY OF THESE (EACH A "COVERED PARTY" WILL NOT BE LIABLE TO PARTICIPANT FOR ANY LOSS, DAMAGE, OR EXPENSE CAUSED BY, OR ARISING OUT OF, ANY BREACH BY AroundMe OF THIS AGREEMENT, THE MANNER IN WHICH ANY SERVICES ARE PROVIDED, THE MANNER IN WHICH ANY LISTING OR OTHER MATERIAL RELATING TO PARTICIPANT IS DISPLAYED (INCLUDING, BUT NOT LIMITED TO, ANY ERRORS THAT MAY APPEAR IN ANY LISTING OR OTHER MATERIALS RELATING TO PARTICIPANT) OR ANY REVIEW OR FEEDBACK RELATING TO PARTICIPANT SUBMITTED BY ANY USER OF AroundMe'S SERVICES. IN NO EVENT WILL AroundMe OR ANY COVERED PARTY BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER AroundMe OR THE COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF AroundMe AND THE COVERED PARTIES WILL BE LIMITED TO THE AMOUNT PAID TO AroundMe BY PARTICIPANT UNDER THIS AGREEMENT WITH RESPECT TO THE LISTINGS OR SERVICES OUT OF WHICH THE CLAIM ARISES, OR (II) (IF APPLICABLE) THE DISPLAY OF THE RELEVANT LISTING AT A LATER TIME IN A COMPARABLE POSITION, AT AroundMe'S DISCRETION.

Use of Merchant's Contact Information
Merchant agrees that AroundMe and its affiliates may use any contact addresses and numbers, including email addresses, telephone and fax numbers, provided to AroundMe by Merchant or otherwise used by Merchant, to contact Merchant for any customer service, business or marketing purpose.

Miscellaneous
The warranties, indemnification obligations, limitations of liability, licenses and ownership rights set forth above will survive the termination of expiration of this Agreement. Should any provision of this Agreement be deemed unenforceable, such provision will be restated, in accordance with applicable law, to match most closely the intentions of the parties, and the remainder of this Agreement will remain in full force and effect. All notices required by or relating to this Agreement will be in writing and will be sent by means of overnight courier or certified mail, postage prepaid, to the parties at their respective addresses set forth in the Registration Form. Notices will be deemed effective upon receipt. This Agreement constitutes the entire Agreement between the parties pertaining to its subject matter and supersedes all prior agreements relating to such subject matter. This Agreement cannot be modified except in a writing signed by both parties. In the event of any inconsistency between these Standard Terms and Conditions and any other form submitted by Merchant or its advertising agency or any correspondence from Merchant or its advertising agency, these Standard Terms and Conditions will control. This Agreement will be construed under the laws of the State of Delaware, without reference to its conflict of laws principles.