Terms of Use

Last Updated: December 3, 2007

Welcome to OptOut.com ("Company"). The following are the rules ("Terms") that govern your use of the OptOut.com web site ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site.

The Company reserves the right to change these Terms at any time, effective immediately upon posting on the Site. If the Company makes material changes or revisions to these Terms, it will indicate on the top of these Terms the date it was last changed or revised. The changed or revised Terms will be effective immediately after it is posted on this Site. Your use of this Site following the posting of any such changes or revisions will constitute your acceptance of any such changes or revisions. The Company encourages you to review the Terms each time you use this Site to make sure that you understand the terms applicable to your use. If you do not agree to all the Terms herein, you must immediately terminate your use of the Site.

Permitted Use

You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use; except without the Company's written permission, you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. You cannot automate, script, scrape, or otherwise take data from the Site in an automated fashion to re-use or display in any way. You acknowledge that the Company owns and retains all proprietary material contained on the Site, including trademarks, content, and other proprietary content. Subject to your compliance with all of the Terms herein, and in consideration of your promises reflected in these Terms (and with respect to any services requiring payment of fees, your payment of such fees), the Company grants to you a personal, non-exclusive, non-assignable and non-transferable license to access and use this Site from a single computer and solely as permitted under these Terms.

1. USE VOID WHERE PROHIBITED

Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to accept and abide by all the Terms herein.

a. Proprietary Rights

You acknowledge and agree that the Company owns all legal right, title, and interest in and to the Site, including, without limitation, the OptOut.com logo, and all designs, text, graphics, pictures, information, data, sound files, software and files, and the selection and arrangement thereof (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with the Company, nothing in these Terms gives you a right to use any of the Company trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

b. Registering with the Company

In order to take advantage of certain features on the Site, you may be required to register with the Company. For example, you may be required to register with the Company if you want to set up a Site account, where you can save your preferences, receive e-mail alerts, discount offerings, or other information from the Site. You may also be required to register to receive e-mail updates with updated information from the Company. The Site's use of any personal information that you provide to the Company during any registration process is governed by the Site's privacy policy. Users may receive e-mail confirming their registration with the Company, as well as promotional marketing of commercial products and services. By submitting such information, you grant OptOut.com a royalty-free, perpetual, irrevocable license to use such information in connection with its present and future Site services offerings. Furthermore, you understand and agree that OptOut.com retains the right to reformat, excerpt or translate any materials or information submitted by you. You understand and agree that OptOut.com will not be liable for any information, publicly posted or privately transmitted on the Site or through the Site services. You understand and agree that OptOut.com cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using this Site or the services of the Site. Additionally, we cannot guarantee that any information, obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.

c. My Site Account

By having a Site account with the Company, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, the Company may, at its sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, user profile information), or take any other action that the Company believes is appropriate.

d. Links and Search Results

The Site may automatically produce search results that reference or link to third-party sites throughout the Internet; third-party sites may also automatically produce search results that reference or link to this Site. The Company has no control over these sites or the content within them. The Company cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. The Company does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against the Company for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify the Company at customer care, and the Company will investigate your claim and take any actions the Company deems appropriate at our sole discretion.

e. Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of the Company.

f. Unauthorized Use of the Site

Illegal and/or unauthorized uses of the Site, include, but are not limited to,

  1. unauthorized framing of or linking to the Site,
  2. unauthorized use of any robot, spider, or other automated device on the Site,
  3. using the Site to upload, post, e-mail, otherwise transmit, or post links to: (a) any unsolicited or unauthorized advertising or promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of commercial solicitation, or (b) content which is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable,
  4. distributing the software or source code behind the Site and Site services to any third party,
  5. reverse engineering, disassembling or decompiling any portion of the Site and Site materials or services, or otherwise attempting to discover or re-create the source code to any software,
  6. intentionally distributing viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature using the Site,
  7. automating, scripting, scraping or otherwise taking data from the Site in an automated fashion to re-use or display in any way,
  8. attempting to gain unauthorized access to any account information, computer systems or networks associated with the Site,
  9. attempting to obtain any information or materials relating to the Site through any means not intentionally made available through the Site,
  10. violating any applicable law, regulation or rule,
  11. making any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Site, the Site materials or the Site services;
  12. reselling access to the Site, or any Site materials or services,
  13. transmitting or otherwise making available any content or initiating communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships, including, without limitation, any content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any third party,
  14. interfering with or disrupting the use of the Site or any Site services by other users,
  15. obscuring or disabling any advertisements that appear on the Site,
  16. using the Site, or any Company materials or services for other than their intended purpose,
  17. providing false information on your registration form or impersonating another person at any point (i.e., unauthorized/fraudulent credit card information, false names, etc.), or
  18. encouraging or instructing any other individual to do any of the foregoing or to violate any of these Terms, will be investigated and subject to appropriate action, including, without limitation, termination of your account and formal civil, criminal, and injunctive redress. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

g. Violation of the Terms

You agree that monetary damages may not provide a sufficient remedy to the Company for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.

h. Spam and Communications Guidelines

While we encourage you to refer friends, family, colleagues and others to use the Site and its services, you may do so only through methods that are consistent with applicable laws and regulations, the terms and conditions of your Internet service provider and prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Site services or any name, trademarks or other intellectual property of OptOut.com in conjunction with the sending of unsolicited commercial email, nor may you cause any OptOut.com Site, service or equipment, network connectivity or other resources to originate, deliver, relay or otherwise transmit unsolicited commercial email messages. Further, without OptOut.com's permission, you may not engage in any of the foregoing prohibited activities by using any other provider, third-party agent, remailing service, or address forwarding service in such a way that OptOut.com's intellectual property, network addresses or services are in any way associated or likely to be associated with the sending of unsolicited commercial email. Other prohibited methods of advertising or promoting your involvement with OptOut.com include, but are not limited to, (i) postings or transmissions of messages in violation of any published guidelines or specifications for the use of any service that allows you to post or transmit messages, or (ii) multiple or otherwise abusive postings or transmissions of messages, using OptOut.com's referral features, or other services, to Usenet newsgroups, mailing lists, chat rooms, instant messaging programs, social networking sites or networks or other online forums. Please report any incidents of "spamming" or similar inappropriate behavior to OptOut.com immediately.

2. DISCLAIMERS

THE COMPANY DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT, OR THAT THE INFORMATION ON THE SITE IS COMPLETE OR ACCURATE. THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE SITE OR PRODUCED BY SECONDARY DISSEMINATION OF INFORMATION ON THE SITE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE COMPANY CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

The Company disclaims any and all liability for the acts, omissions, and conduct of any third-party users, the Site users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. The Company is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site.

Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to the Company at customer care. The Company may investigate the claim and take appropriate action, at its sole discretion.

3. LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Site or the Site's services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

a. Disputes

If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Sacramento.

b. Indemnity

You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of your use or misuse of the Site and the Site's services.

4. Miscellaneous

OptOut.com and its affiliates and licensors reserve all rights not expressly granted to you herein. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. You must be 13 years or older to use this Site and the Site services.