Acceptance of Terms PRforPeople, a wholly owned subsidiary of Xanthus Communications LLC provides its services subject to certain terms and conditions including the terms set out below. Collectively, these are the "Terms of Use" or "TOU". All of these may be revised by PRforPeople from time to time, without notice, and will be posted as amended on our site. Use of our services constitutes acceptance of the Terms of Use, as so published. About PRforPeople PRforpeople.com is an online business and professional networking community that connects people to the media. It allows professionals to respond to the needs of media by providing quotations, commentary, case studies and information for the purpose of being covered in a wide range of media outlets. PRforPeople also allows its stable of experts to be available for professional consultation on a fee-based service that is subject to negotiation on a case-by-case basis. Membership Eligibility and Responsibility By registering as a member, you confirm your acceptance of this agreement and represent and warrant that you are at least 18 years old. Your membership is solely for your individual use and you will not authorize others to use your account, profile, or messages. You are solely responsible for all use of your content published, messages sent or posted, and interactions with the media. You agree to maintain the accuracy of your biographical information. You understand and agree that we have no obligation to prescreen, manage, or edit content made available to the media. You agree to assume all risk associated with the content you provide as a direct result of our service. You acknowledge that PRforPeople does not pre-screen content that you send to the media, but that PRforPeople and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, PRforPeople and its designees shall have the right to remove any content that violates the TOU or is otherwise objectionable. You acknowledge and agree that PRforPeople may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PRforPeople, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. License We do not claim ownership of your Information. We will use your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant PRforPeople a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information. Links and Third Parties We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that PRforPeople shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource. Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that PRforPeople shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform. Restrictions on Rights to Use You shall not (and you agree not to allow any third party to): • modify, adapt, translate, or reverse engineer any portion of the PRforPeople site and/or PRforPeople Service; • remove any copyright, trademark or other proprietary rights notices contained in or on the PRforPeople site and/or PRforPeople Service; • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the PRforPeople site and/or PRforPeople Service; • collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit for professional networking matches; • reformat or frame any portion of the web pages that are part of the PRforPeople site and/or PRforPeople Service; • create user accounts by automated means or under false or fraudulent pretenses; • create or transmit unwanted electronic communications such as "spam" to other users or members of the PRforPeople site and/or PRforPeople Service or otherwise interfere with other user's or member's enjoyment of the PRforPeople site and/or PRforPeople Service; • submit any third party materials or Content without such third party's prior written consent; • submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by PRforPeople; • submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party; • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; • use of the PRforPeople site or PRforPeople Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; • copy or store any Content offered on the PRforPeople site for any type of commercial use; • submit Content or materials that are unlawful or promote or encourage illegal activity; • submit false or misleading information to PRforPeople; • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; • use the PRforPeople site and/or PRforPeople Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or • collect or store personal data about other users in connection with the prohibited activities described in this paragraph. Content Posted By You on the PRforPeople Site • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. • You understand and agree that PRforPeople may review and delete any Content, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) that in the sole judgment of PRforPeople violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the PRforPeople site and/or other website users. • You are solely responsible for any Content that you publish or display on the PRforPeople site or transmit to other members and/or other website users (hereinafter, "Posted Content"). • You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information. • By posting Posted Content on the PRforPeople Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, PRforPeople, its contractors, and the users of the PRforPeople site an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. • The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the PRforPeople site. PRforPeople reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the PRforPeople Service and terminating the membership of such violators or blocking your use of the PRforPeople Service and/or PRforPeople site. You may not post Content that: • is false or intentionally misleading; • is patently offensive to users of the PRforPeople site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; • harasses or advocates harassment of another person; • involves the transmission of unsolicited mass mailing or "spamming"; • promotes illegal activities or conduct that is abusive; • is threatening, obscene, defamatory or libelous; • is pornographic or sexually explicit in nature; and • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18. Termination and Breach You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status or your ability to use all or any portion of our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform will not result in refunds of the annual subscription fee for media switchboard or for any related professional fees, if any, and you will forfeit the remaining period of your paid subscription, if any. Communications Our Communications. You understand and agree that we may send you certain communications, such as PRforPeople announcements, newsletters, service announcements and other administrative messages, and that these communications are considered part of our Platform. Your ability to opt out of these communications, if any, will be governed by our privacy policy. Communications with Personal Publicists. You understand and agree that you may receive communication from your Personal Publicist in the normal course of utilizing our Platform. By joining PRforPeople, you agree to receive communications from the Personal Publicist, who may communicate with you through our Platform. (You may also opt-in to receiving information from other members of PRforPeople.) Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note that is a risk that you may be dealing with underage persons or people acting under false pretense. Fees and Payments Access to our website and use of selected features of our Platform is an annual paid subscription fee for individual users. We charge professional fees for the more intensive PR programs and services that we offer. We may, in our sole discretion, begin charging a higher fee for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, such new or revised fees shall automatically be effective thirty (30) days after they are initially posted on our website, as provided above. Once fees and changes become effective, you agree to pay all fees and charges specified and all applicable taxes for the services provided and benefits received. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Use (e.g., overdrawn accounts, exceeding account limits, etc.) Promotions and Coupon Codes. We may from time to time offer promotions where we may discount or waive certain Premium Subscription fees, or other fee-based products or services. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive, and unless specified, are non-transferable and expire within 30 days of date of issue. Disclaimer THE PRFORPEOPLE SITE IS PROVIDED BY PRFORPEOPLE ON AN "AS IS" BASIS. PRFORPEOPLE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE PRFORPEOPLE SITE, PRFORPEOPLE SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE PRFORPEOPLE SITE OR IN GROUP WITH THE PRFORPEOPLE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PRFORPEOPLE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PRFORPEOPLE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE PRFORPEOPLE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PRFORPEOPLE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE PRFORPEOPLE SITE. PRforPeople does not warrant or ensurethat the PRforPeople Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the PRforPeople Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the PRforPeople Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM PRFORPEOPLE, THE PRFORPEOPLE SITE OR THROUGH OR FROM THE PRFORPEOPLE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Limitation on Liability PRforPeople shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PRforPeople's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, PRFORPEOPLE AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PRFORPEOPLE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO PRFORPEOPLE FOR THE PRFORPEOPLE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Indemnity You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform,. Without limiting the foregoing, you agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any PRforPeople member or third party due to or arising out of your statements to media. Ownership and Mark Except for the Content submitted by members or users, the PRforPeople Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by PRforPeople or its licensors. You acknowledge that the PRforPeople Service and any underlying technology or software used in connection with the PRforPeople Service contain PRforPeople's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the PRforPeople Site, or PRforPeople Services in whole or in part except as expressly provided in PRforPeople's policies and procedures made available via the PRforPeople Service. Except as expressly and unambiguously provided herein, PRforPeople and its suppliers do not grant you any express or implied rights, and all rights in the PRforPeople Service not expressly granted by PRforPeople to you are retained by PRforPeople. PRforPeople owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to user content. Changes to the Agreement or the PRforPeople Services You agree and understand that these Terms of Use, the PRforPeople Site and the PRforPeople Services may be modified by PRforPeople at any time without prior notice, and such modifications will be effective upon PRforPeople's posting of the new terms and/or upon implementation of the new changes on the PRforPeople Site. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the PRforPeople Service after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by PRforPeople, any new features, new services, enhancements or modifications to the PRforPeople Service implemented after your initial access to the Service shall be subject to these Terms of Use. Governing Law / Arbitration This agreement is governed by Washington law as such laws apply to agreements entered into and to be performed entirely within Washington between Washington residents. Any claim arising out of or relating to this agreement or PRforPeople shall be settled by binding arbitration in King County, WA in accordance with the American Arbitration Group's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award cannot be appealed or reviewed except as permitted by Washington law. However, (a) each of us may seek interim relief from a King County, WA court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property. Questions or Comments If you have questions or comments about this terms of use, please contact us at: PRforPeople Attn: Terms of Use Xanthus Communications LLC 357 Garfield Street Seattle, WA 98109-3134