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FIND A PROFESSIONAL
Professional User Agreement
May 29, 2015

Welcome to Find A Professional and to the www.northernvirginiamag.com/find-a-professional/
website (the “Site”) provided by Metro Media Marketing, Inc. Find A Professional exists to help consumers identify professionals to assist them with legal, business or other professional services and to allow professionals to ensure their online presence is accessible and accurate. Find A Professional collects data and other information from numerous sources, including professionals and their practices, to provide to consumers.

1. DEFINITIONS

For purposes of this Professional User Agreement (“Agreement”), a “User” is a professional or representative of a professional who accesses a profile or listing on Find A Professional.

“Content” means the information, pictures, images, and all other forms of data the User submits, uploads about the User or the User’s practice.

2. OVERVIEW

This Agreement governs among other things (i) User’s access to the Site and its services, (ii) User’s provision of any and all material to Find A Professional and (iii) User’s receiving communications from Find A Professional or its related products and services. This Agreement constitutes a binding agreement between User and Find A Professional and Metro Media Marketing, Inc. If User does not agree to the terms of this Agreement, User should not use the Site nor submit Content.

3. CHANGES TO TERMS OF SERVICE

Find A Professional and Metro Media Marketing, Inc. reserve the right, at its sole discretion, to change this Agreement from time to time. User understands and agrees that User’s use of the Site is governed by the terms effective at the time of access to or use of the Site. Find A Professional or Metro Media Marketing, Inc. will notify the User by indicating at the top of the Agreement the date the last revisions were made. User should revisit these terms on a regular basis as revised versions will be binding on User. Please read this Agreement carefully before using this Site or submitting Content.

4. GENERAL TERMS

By clicking “I Agree” or by using this Site or by providing Content, User, on behalf of the User or User’s practice or entity, acknowledge and confirm their acceptance of this Agreement and represent, warrant or covenant that:

  1. User has read and understood the terms of this Agreement; and,
  2. User is the professional identified in the profile accessed through this site or has the express authorization of the User identified in the profile and are at least eighteen (18) years of age; and,
  3. If User is acting on behalf of User’s practice or entity, User has fully authority to bind the practice or entity to all terms of this Agreement and hereby bind the practice or entity; and,
  4. User is providing information about User’s actual identity and have provided accurate information about User or User’s practice or entity; and,
  5. User will maintain and update the information User provides to keep it accurate; and,
  6. User acknowledges that User is solely responsible use of User’s password and/or security information as well as for activities conducted through this Site and that if User wants to cancel or is aware of unauthorized use of User’s password, User will notify Find A Professional immediately; and,
  7. User and User’s practice or entity agree to be bound by the terms of this Agreement; and,
  8. User acknowledges and agrees that if and when User accesses, browses or uses any portion of the Site other than when submitting Content, then such access, browsing or use is (i) separate from User’s activities in this Site and User’s provision of any Content, and (ii) subject to all terms and conditions of the separate Terms of Use and Limited License Agreement, which can be accessed at www.northernvirginiamag.com/terms-of-use

5. NO REFERRALS OR ENDORSEMENTS

Find A Professional and Metro Media Marketing, Inc. neither act as a referral service nor recommends or endorses any particular professional. Rather, Find A Professional and Metro Media Marketing, Inc. act as a directory that provides selected information about professionals. Find A Professional and Metro Media Marketing, Inc. will only note whether a professional has won an award through Northern Virginia Magazine but does not recommend or endorse a professional further.

6. CONTENT AND CONTENT LICENSE

User accepts all risk and is alone responsible for User’s Content. User represents that all Content submitted is not false, inaccurate, misleading, defamatory, libelous, deceptive, fraudulent, in violation of U.S. or foreign laws or regulations, discriminatory, harassing, disparaging, in violation of a person’s right of privacy, an infringement on an intellectual property right, obscene, derogatory, or promoting violence. User may be exposed to liability if User’s Content is false, inaccurate, misleading, defamatory, libelous, deceptive, fraudulent, in violation of U.S. or foreign laws or regulations, discriminatory, harassing, disparaging, in violation of a person’s right of privacy, an infringement on an intellectual property right, obscene, derogatory, promoting violence or in violation of any other law or regulation.

By submitting Content on this Site, User hereby grants to Find A Professional and Metro Media Marketing, Inc. a perpetual, non-exclusive, irrevocable, assignable, sublicensable, transferable, worldwide, royalty-free, unrestricted license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display and otherwise exploit, and allow others to engage in any and all of the foregoing, any and all Content that is provided to Find A Professional and Metro Media Marketing, Inc. (“Content License”). User irrevocably grants others who access this Site the right to access User’s Content in connection with their use of the Site. User waives any claims or assertions of moral rights or attribution with respect to the Content.

User agrees that Find A Professional and Metro Media Marketing, Inc. may contact User and/or User’s practice or entity, via telephone, e-mail, facsimile or other appropriate means, regarding Content and other Find A Professional and Metro Media Marketing, Inc. products and services.

7. TERM AND TERMINATION

This Agreement will take effect at the time User accesses this Site. User may terminate this Agreement at any time by closing User’s account, discontinuing use of the Site and providing notice of termination to Find A Professional or Metro Media Marketing, Inc. Find A Professional and Metro Media Marketing, Inc. reserve the right, at any time and for any reason, to deny User access to this Site or related products or services without notice to User and without liability of any kind; to change, remove or discontinue this Site or any related products or services; or to terminate this Agreement.

8. CONFIDENTIALITY AND COMMUNICATIONS

Use of the Internet is solely at User’s own risk and is subject to all applicable local, state, federal, and international laws and regulations. While Find A Professional and Metro Media Marketing, Inc. have endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to Find A Professional and Metro Media Marketing, Inc. over the Internet cannot be guaranteed. Find A Professional and Metro Media Marketing, Inc. accept no responsibility for the security of information transmitted via the internet.

Should User elect to send or receive e-mail communications of any kind to or from Find A Professional and Metro Media Marketing, Inc., User represents to Find A Professional and Metro Media Marketing, Inc. that User’s e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions, such that Find A Professional and Metro Media Marketing, Inc. may rely upon the information in such e-mail communications. User also agrees that Find A Professional and Metro Media Marketing, Inc. may use de-identified information received from User and from users in accordance with the provisions of Find A Professional’s privacy policy.

9. MONITORING

Find A Professional and Metro Media Marketing, Inc. reserve the right to view, monitor and record activity on this Site without notice to or permission from User. Find A Professional and Metro Media Marketing, Inc. may disclose any records, electronic communications, information, materials or other content of any kind at Find A Professional or Metro Media Marketing, Inc.’s sole discretion. However, Find A Professional and Metro Media Marketing, Inc. are not responsible for screening, policing, editing or monitoring this Site.

If it comes to our attention, or Find A Professional or Metro Media Marketing, Inc. is notified of an allegation, that this Site or any Content violates Paragraph 6 regarding Content, then Find A Professional and Metro Media Marketing, Inc. may, but have no obligation to, investigate the allegation and determine in Find A Professional and Metro Media Marketing, Inc.’s sole discretion whether to remove or request the removal of the same from the Site.

10. DISCLAIMERS AND LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS USER’S LIABILTY. THIS PARAGRAPH APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS WHICH MAY NOT BE LIMITED UNDER THE LAW.

THIS SITE AND THE RELATED PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. THE SITE AND THE RELATED PRODUCTS AND SERVICES MIGHT CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. USER’S USE OF THE SITE IS AT USER’S OWN DISCRETION AND RISK. FIND A PROFESSIONAL, METRO MEDIA MARKETING, INC., AND THE RELATED ENTITIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGES THAT MAY ARISE.

ANY LINKS TO EXTERNAL SITES ARE “AS IS”. USER SHOULD BE AWARE THAT USER IS ACCESSING THE LINKS AT USER’S OWN RISK

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIND A PROFESSIONAL AND METRO MEDIA MARKETING, INC. DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE AND THE RELATED PRODUCTS AND SERVICES; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FIND A PROFESSIONAL AND METRO MEDIA MARKETING, INC. MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, THAT THIS SITE OR THE RELATED PRODUCTS AND SERVICES WILL ASSIST USER IN USER’S PROFESSION OR FOR ANY OTHER PURPOSE. FIND A PROFESSIONAL AND METRO MEDIA MARKETING, INC. DO NOT REPRESENT OR WARRANT THAT THIS SITE OR THE RELATED PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. FURTHER, FIND A PROFESSIONAL AND METRO MEDIA MARKETING, INC. EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS USER MAY MAKE WITH CONSUMERS, AND USER WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS.

NEITHER FIND A PROFESSIONAL, METRO MEDIA MARKETING, INC., NOR OUR RELATED ENTITIES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM USER’S USE OF, OR RELIANCE UPON, THIS SITE OR ITS RELATED PRODUCTS AND SERVICES. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR THE RELATED PRODUCTS OR SERVICES, USER’S SOLE REMEDY IS TO CEASE USING THIS SITE AND THE RELATED PRODUCT OR SERVICE.

UNDER NO CIRCUMSTANCES WILL FIND A PROFESSIONAL, METRO MEDIA MARKETING, INC. OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, OR ANY RELATED PRODUCTS OR SERVICES, EVEN IF FIND A PROFESSIONAL, METRO MEDIA MARKETING, INC. OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. INDEMNITY

User will defend, indemnify, and hold harmless Find A Professional and Find A Professional’s affiliates, including Metro Media Marketing, Inc. and Find A Professional’s respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from (a) User’s use of this Site and/or any related products or services, (b) any breach by User of this Agreement, (c) any products or services purchased or obtained by User in connection with this Site or (d) infringement by User or a third party of any intellectual property or other right of a person or entity.

12. GOVERNING LAW AND VENUE

This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Virginia. This Agreement was entered into in the Commonwealth of Virginia regardless of where User is located.

ANY ACTION ARISING OUT OF THIS SITE OR THE CONTENT OR ANY ACTION TO ENFORCE THIS AGREEMENT WILL BE BROUGHT ONLY IN THE FEDERAL COURTS LOCATED IN THE CITY OF ALEXANDRIA OR STATE COURTS LOCATED IN FAIRFAX COUNTY AND USER EXPRESSLY AGREES TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. USE OF THIS SITE OR THE PROVISION OF CONTENT IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS SITE OR THE PROVISION OF CONTENT IN THE FEDERAL AND STATE COURTS OF VIRGINIA, AND SUCH AN AGREEMENT IS AN EXPRESS CONDITION TO USE OF THIS SITE.

This Site and the related products and services are controlled and operated by Find A Professional and Metro Media Marketing, Inc. from its offices within the United States. Those who choose to access this Site from locations outside the United States do so of their own volition and are responsible for compliance with applicable local laws.

13. NOTICES

Where required, Find A Professional and Metro Media Marketing, Inc. may give notice by general posting on the Site, by electronic mail, or by conventional mail to User’s address of record. Notices by electronic mail will be deemed given one business day after the notice was sent. User may give notice to Find A Professional and Metro Media Marketing, Inc. by electronic mail at professionals@northernvirginiamag.com.

14. SURVIVAL

The following provisions will survive the termination of this Agreement: 1; 2; 3; 4; 5; 6; 8; 9; 10; 11; 12; 13; and 14.

15. WAIVER

Failure to insist on strict performance of any provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties.

16. SEVERABILITY

If any provision of this Agreement is declared unlawful or unenforceable by a court or administrative agency of competent jurisdiction, then this Agreement shall be read and enforced with the offending provision deleted as if it had never been incorporated herein and with a substitute provision intended to accomplish the maximum extent possible the intent of the parties.

17. NO PARTNERHIPS

No joint venture, partnership, employment or agency relationship exists between User and Find A Professional or Metro Media Marketing, Inc. as a result of this Agreement or User’s use of this Site.

18. ENTIRE AGREEMENT

This Agreement constitutes the full and complete agreement between the Parties with respect to the subject matter hereof, and contains all of the terms and conditions agreed to with respect to said subject matter, and supersedes any prior negotiations, agreements or understandings between the parties.

19. ACCEPTANCE OF AGREEMENT

User acknowledges that, in providing User access to and use of this Site, Find A Professional and Metro Media Marketing, Inc. have relied on User’s acceptance of this Agreement.
Date Last Updated: May 29, 2015

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