FIND A PROFESSIONAL
Terms of Use and Limited License Agreement
April 1, 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 Terms of Use and Limited License Agreement (“Agreement”), a “User” one who uses this Site and the Content of this Site.

“Content” means the information, pictures, images, and all other forms of data on this Site.

2. OVERVIEW

This Agreement governs among other things User’s access to the Site and its services. This Agreement constitutes a binding agreement between User and Metro Media Marketing, Inc. If User does not agree to the terms of this Agreement, User should not access or use the Site.

3. CHANGES TO AGREEMENT

Find A Professional reserves 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 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, 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 or User’s entity agrees to be bound by the terms of this Agreement
  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

5. NO REFERRALS OR ENDORSEMENTS

Find A Professional neither acts as a referral service nor recommends or endorses any particular professional. Find A Professional acts as a directory that provides selected information about professionals.

6. LICENSE

By using this Site, Find A Professional grants User a revocable, non-exclusive, non-transferable, limited license to access and visit this Site and its Contents and to copy, download, store and/or print only a single copy of any Contents, solely for your non-commercial, personal use and not for resale, disclosure or distribution to anyone else. User must include all copyright, confidentiality and other proprietary notices included in Contents on any permitted copy. All rights not expressly granted to User are reserved by Find A Professional; there are no implied licenses. This license is expressly conditioned on compliance with this Agreement.

User agrees not to engage in any intellectual property infringement.

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. Find A Professional reserves 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 has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to Find A Professional over the Internet cannot be guaranteed. Find A Professional accepts 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, User represents to Find A Professional 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 may rely upon the information in such e-mail communications. User also agrees that Find A Professional may use de-identified information received from User and from users in accordance with the provisions of Find A Professional’ privacy policy.

9. MONITORING

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

If it comes to our attention, or Find A Professional is notified of an allegation against this Site then Find A Professional may, but have no obligation to, investigate the allegation and determine in Find A Professional’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 LIMTI 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 DISCLAIMS 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 MAKES 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 DOES 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 EXPRESSLY DISCLAIMS 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 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 IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS SITE 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 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 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 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 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 has relied on User’s acceptance of this Agreement. Date Last Updated: April 1, 2015

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