Thanks for registering with AboutThem.
Please read these Terms carefully. By using AboutThem or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. AboutThem (“AboutThem” or the “Service”) is an online platform offered through the URL www.aboutthem.com (we’ll refer to it as the “Website”) that allows you to introduce and promote individuals whose work deserves recognition. AboutThem is owned and operated by Mentor Engine, LLC, a North Carolina limited liability corporation (“AboutThem,” “Mentor Engine,” “We,” or “Us”). AboutThem has employees, independent contractors, and representatives (“Our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
In order to use AboutThem, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using AboutThem, you represent and warrant that you meet all the requirements listed above, and that you won’t use AboutThem in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) AboutThem may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for AboutThem and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for AboutThem on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
- Closing Your Account
You or AboutThem may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, and you have made payment for an Extended Profile or for Updates to an Extended Profile, we’ll refund a prorated portion of that payment up to 180 days from the date of your payment. If we terminate your account without cause after this 180-day period, we will not refund or reimburse you for any payments you have made. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once we terminate your account, we may permanently delete your account and all the data associated with it from our Website.
- Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
- Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. We will not provide you access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content within that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
- Payment Method
If you select an Extended Profile or Extended Profile Updates, you may provide payment via PayPal or via credit card. Click here for payment instructions.
- Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
- Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide AboutThem (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).
- Proprietary Rights Owned by You
- Our Right to Review Content
We may view, copy, and internally distribute content you provide us, and content from your account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws. For example, we study data internally to optimize our marketing and create better experiences for visitors to our Website.
- Our Right to Disseminate Content
As part of AboutThem digital marketing campaigns on the AboutThem Website and other social media sites, we may publicly post and link to any photos and written content you provide us for any Member’s profile.
- Your Right to Disseminate Content
In order to increase a Member’s online visibility, you may publicly post and link to any photos and written content that appear as part of a Member’s public profile.
RULES AND ABUSE
- Brand Guidelines
Our logo is proprietary and protected under intellectual property laws.
You may not:
- Use AboutThem’s logo as part of your own product, business, or service’s logo or graphics.
- Alter AboutThem’s logo in any way, or combine it with any other logo or graphics, without written consent from AboutThem.
- General Rules
You promise to follow these rules:
- You won’t send spam. By “spam,” we mean the definition on the Spamhaus website.
- You won’t violate our Acceptable Use Policy, which is part of this Agreement.
- Acceptable Use Policy
AboutThem does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you use our Website or Tools to publicly post, link to, send an email campaign, submit an advertisement, or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:
- A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
- Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are any of the following:
- An organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
- A person who has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
- A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
- Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy.
- Compliance with Laws
You represent and warrant that your use of AboutThem will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
If you’re located in the European Economic Area (EEA) or introduce or promote anyone in the EEA, you represent and warrant that you:
- Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow AboutThem to receive and process data and send communications to that individual on your behalf.
- Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
- US Export Controls
The software that supports the Services (the “Software”) is subject to United States export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re using the Software at your own risk.
- Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than one-twelfth of what you may have paid us within the preceding twelve months.
- No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of marketability and fitness for a particular purpose. Since Members use AboutThem for varying reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that—if true—would violate any of these Terms.
- Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
- Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
- Subpoena Fees
If we must provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
- Notice to US Government End Users
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to US Government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to the Terms.
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is AboutThem, 244 Indian Trail Road, Chapel Hill, NC 27514.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
- Choice of Law
- Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, hurricanes, tornadoes, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as necessary, and the rest of the Terms will still be valid.
Any headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
- Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we do not forfeit any rights under the Terms, and we may still take action at some point.
- No Changes in Terms at Request of Any Member
We will not change these Terms for any one Member or group.
- Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
- Notification of Security Breach
In the event of a security breach that may affect you or anyone you may have introduced or whose Profile content you may have promoted, we’ll notify you of the breach and provide a description of what happened. If we determine and notify you that you need to forward all or part of that information to anyone you may have introduced or promoted, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us, or when we post it on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn: Legal Department, AboutThem, 244 Indian Trail Road, Chapel Hill, NC 27514, or any addresses as we may later post on the Website.
- Entire Agreement
Congratulations! You’ve reached the end. Thanks for taking the time to learn about AboutThem’s policies.
Updated July 9, 2018