WEB SITE TERMS OF USE THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH GROB TECHNOLOGIES, inc. D/B/A WhatYouPost WILL PROVIDE ITS SERVICES TO YOU. THIS DOCUMENT CONSTITUTES A CONTRACTUAL AGREEMENT BETWEEN YOU AND WHATYOUPOST. PLEASE READ THIS DOCUMENT CAREFULLY. BY POINTING TO AND CLICKING ON THE 'SUBMIT' or 'SUBMIT ORDER' BUTTON, YOU ARE MANIFESTING YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR ACCEPT ITS TERMS, DO NOT SUBMIT THE FORM. If you have any questions regarding the terms of this Agreement, please send electronic mail to: info@whatyoupost.com Please review these terms and condition s of use (the "Terms") carefully before using this Web site. THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH, WHATYOUPOST, THE OWNER OF THIS SITE PROVIDES INFORMATION AND SERVICES TO USERS OF THIS WEB SITE. PLEASE NOTE THAT ALL USERS OF THIS SITE SHALL BE SUBJECT TO ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SUCH USE WHICH MAY BE POSTED FROM TIME TO TIME. THESE TERMS AND CONDITION S CONSTITUTE A CONTRACTUAL AGREEMENT BETWEEN YOU AND WHATYOUPOST. If you have any questions regarding the terms of this agreement, please contact WHATYOUPOST at info@whatyoupost.com The whatyoupost.com Web site (the "Site") and the information and services related thereto are proprietary materials owned, operated and maintained by Grob Technologies, Inc., a Massachusetts corporation d/b/a WHATYOUPOST (“WHATYOUPOST”) for use solely by individuals authorized by WHATYOUPOST ("Users"). Any reference herein to "you" or "your" shall mean "User". Any reference herein to "we", "us", or "our" shall mean "WHATYOUPOST". If you do not agree to these Terms, please do not access the Site or use the Services. These terms of use govern your use of the Services (as later defined) and your responsibilities as a User. By your use of this Site and/or the Services, you agree to be bound by and comply with these Terms. WHATYOUPOST reserves the right to amend these Terms from time to time and at any time by posting such amendments on the Site, and your continued use of the Site and the Services following posting of any such amendment constitutes your acceptance of such amendment, regardless of whether you actually have read any such amendment. We recommend that you periodically check this Site for changes. As used herein, the term "User" refers to you, any entity you represent, and your or its representatives, successors, assigns and affiliates. 1. Grant of Rights and Authorization of Use 1. WHATYOUPOST operates a Web-based site offering the aggregation and analysis of information about the User obtained from various Internet services and the generation of a numeric score (the "Score") based on the analyzed information (the "Services"). As used herein, "Services" shall include any other services offered by WHATYOUPOST or available to the User on the Site. 2. WHATYOUPOST hereby grants User a non-exclusive, non-transferable, limited right to access, display on User’s computer, and use the Services consistent with these Terms of Use. This grant shall be terminable by WHATYOUPOST at will, for any reason, and at WHATYOUPOST’s sole discretion. 2. Proprietary Materials The Services contain copyrighted material, trademarks and other proprietary information (collectively, "Proprietary Material"), including but not limited to musical and video recordings, photographs, text, graphical images, and the software, formula, method and algorithm used by WHATYOUPOST to calculate a Score (the "Score Methodology"), which constitutes a trade secret of WHATYOUPOST. You agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material. You agree not to reverse engineer, disclose, or use the Score Methodology. WHATYOUPOST, the WHATYOUPOST logo and the WHATYOUPOST design are trademarks or trade dress of WHATYOUPOST, and may not be used without express written permission from WHATYOUPOST, other than for attribution. All other trademarks not owned by WHATYOUPOST that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WHATYOUPOST. Except as otherwise explicitly stated, all right, title and interest in and to the Proprietary Material and all copies thereof shall at all times remain the property of WHATYOUPOST and/or its licensors. User shall not and shall not permit others to: (i) reproduce or copy any Proprietary Material except as permitted by applicable law; (ii) remove any copyright or proprietary notice contained or included in the Proprietary Material; or (iii) transfer the Proprietary Material or any part thereof without the prior written consent of WHATYOUPOST. User shall not incorporate any Proprietary Material in any product designed, developed, marketed, sold or licensed by User. User shall not alter, modify or create any derivative work based upon the Proprietary Material without the prior written authorization of WHATYOUPOST. User’s obligations hereunder shall not depend on the presence or absence of any copyright and/or proprietary legends on any Proprietary Material. Except as otherwise expressly permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, or other modification or commercial exploitation of any Proprietary Material made available through the Services will be permitted without the express written permission of the copyright owner. In the event of copying, redistribution or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice will be made. The obligation to determine that material is not subject to WHATYOUPOST's or third party's intellectual property right(s) rests with User. 3. Copyright Complaints WHATYOUPOST respects the intellectual property rights of others, and this Site requires that Users do the same. WHATYOUPOST may, at his sole discretion, terminate the access of Users who infringe the copyright or other intellectual property rights of others. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to abuse@WHATYOUPOST.com. ALL INQUIRIES NOT RELEVANT TO WHATYOUPOST WILL RECEIVE NO RESPONSE. If you believe any materials accessible on or from WHATYOUPOST infringe your copyright, you may request removal of those materials (or access thereto) from WhatYouPost by contacting our copyright agent (identified below) and providing the following information: 1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. 2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. 3. Your name, address, telephone number and (if available) e-mail address. 4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. 5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf. 6. A signature or the electronic equivalent from the copyright holder or authorized representative. Our agent for copyright issues relating to this web site is as follows: Grob Technologies Inc. Address: 8 Lake St. Suite 10 Attention: Joshua Grob Telephone: +1 (617) 208-4964 Fax No.: (888) 216-8260 In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers to and account holders of WHATYOUPOST who are repeat infringers. 4. User Obligations and Negative Covenants As a condition of your use of the Services: 1. You agree not to use the Services for any purpose that is unlawful and/or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations. You agree that you are solely responsible for all acts or omissions that occur as a result of your use of the Site. 2. You agree that any information you provide to WHATYOUPOST as may be prompted by the Site or WHATYOUPOST (the "User Data") shall be accurate, current and complete. User Data shall either belong to you or you shall have the right and authority to provide a third party's User Data to WHATYOUPOST. 3. You agree to maintain the security of your password and identification; 4. You agree to maintain and promptly update the User Data, and any other information you provide to WHATYOUPOST, to keep it accurate, current and complete; 5. You agree to be fully responsible for all use of your account and for any actions that take place using your account. 6. You agree to allow WHATYOUPOST to access your accounts at Facebook.com, MySpace.com, Twitter.com and any other Internet service for which you provide WHATYOUPOST with your user id and password. Your act of providing WHATYOUPOST with a user id and password for a particular Internet service shall constitute consent to allow WHATYOUPOST to contact that service and obtain any and all information about you from that service. 7. In the event that you consent to WHATYOUPOST making your Score public, you understand, acknowledge and agree that: 1. WHATYOUPOST may have no control over who will have access to the Score; 2. WHATYOUPOST can market your score for company busines 3. WHATYOUPOST can provide score to a third party. 8. In addition, you agree not to use the Site or the Service to: 1. in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or the Service; 2. post or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; 3. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; 4. post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 5. post or otherwise make publicly available on the Service any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; 6. post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 7. post or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; 8. use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service. 9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you; 9. You agree not to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services, the Site or its content in any way; (ii) "frame" or "mirror" any of the Site's content in any other server or wireless or Internet-based device; or (iii) reverse engineer or access the Site or Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of WHATYOUPOST, or (c) copy any ideas, features, functions or graphics of WHATYOUPOST. 5. Linked Sites WHATYOUPOST is not affiliated with third-party Web sites that may be linked to or from the Site. WHATYOUPOST has no control over, and is not responsible for, the content on any linked site. Any linked sites are provided for User's convenience only. The Site and Content available through the Services may contain links to other websites which are completely independent of WHATYOUPOST. WHATYOUPOST makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. 6. Privacy Confidential User data is the property of the User. WHATYOUPOST will not utilize specific confidential data without prior User consent. WHATYOUPOST may use aggregate de-identified customer data and statistics for internal analysis and external marketing purposes. The privacy of your information is important to us. We only use information you provide as permitted by our Privacy Policy and applicable law. You may review our Privacy Policy at the following link: Privacy Policy. 7. User's Acknowledgement and Agreements User acknowledges and agrees that: 1. User is solely responsible for providing all hardware, telecommunications equipment, software and bandwidth that User requires to use the Services. 2. Each use by User of the Site or the Services reaffirms User’s acceptance of, and User’s agreement to be bound and to abide by, these Terms. If User does not wish to be bound by these Terms, User may not continue to use Site or the Services provided by WHATYOUPOST. 3. Any communications, opinions, views, publications, product announcements, advertisements, promotions or other data appearing on this Site are for informational purposes only and the owner does not guarantee the accuracy or timeliness of any such data for any purpose. 4. You understand that all postings, messages, text, images or other materials ("Content") posted or published on, uploaded to, transmitted through, or linked from (hereinafter, "post" or "posted"), the Site or the Service are the sole responsibility of the person from whom such Content originated. You understand that WHATYOUPOST does not control, and is not responsible for, Content made available through the Site or the Services, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will WHATYOUPOST be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service. You acknowledge that WHATYOUPOST does not pre-screen or approve Content, but that WHATYOUPOST shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Site or the Service, in connection with violations of the letter or spirit of the Terms or for any other reason. 8. Indemnification and Release. User hereby agrees to indemnify WHATYOUPOST AND HOLD IT harmless from any and all THIRD-PARTY claims and expenses, including attorney’s fees, arising from User’s use of THIS Web Site AND THE Services OR FROM USER'S BREACH OF THESE TERMS. 9. Disclaimer of Warranties and Limitation of Liabilities WHATYOUPOST PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WHATYOUPOST SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL WHATYOUPOST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, SLANDER, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT WHATYOUPOST HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH WHATYOUPOST SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. IN NO EVENT SHALL WHATYOUPOST’S LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT PA ID BY YOU TO WHATYOUPOST FOR THE SERVICES DURING THE THREE MONTHS PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. 10. Termination WHATYOUPOST may terminate User’s right to access the Services at any time, with or without cause, in WHATYOUPOST's absolute discretion and without notice. 11. General 1. These Terms, as amended from time to time, constitute the entire agreement between User and WHATYOUPOST with respect to the Site and the Services and supersede all prior agreements between User and WHATYOUPOST, if any and may not be modified without the written consent of WHATYOUPOST. 2. Failure by WHATYOUPOST to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right. 3. To the maximum extent permitted by law, this agreement (the Terms) is governed by the laws of the Commonwealth of Massachusetts, U.S.A. and User hereby consents to the exclusive jurisdiction and venue of courts in Boston, Massachusetts, U.S.A. in all disputes arising out of or relating to the use of the Site or the Services. Use of the Site or the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of WHATYOUPOST. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of WHATYOUPOST or information provided to or gathered by us with respect to such use. 4. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 5. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site and Service are not intended for children under 13. If you are under 13 years of age, then please do not use the Site or the Service. 6. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
I acknowledge I have read and understand the Terms and Conditions.
