AllAboutDarien.com Terms of Use

YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS

1. ACCEPTANCE OF TERMS

allaboutdarien.com provides a collection of online resources, including a blog,
business directory, real estate listings, forum, classified ads, and various editorial
content (referred to hereafter as “the Service”) subject to the following Terms of Use
(“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In
addition, when using particular allaboutdarien.com services, you agree to abide by any
applicable posted guidelines for all allaboutdarien.com services, which may change
from time to time.

Should you object to any term or condition of the TOU, any guidelines, or any
subsequent modifications thereto or become dissatisfied with allaboutdarien.com in
any way, your only recourse is to immediately discontinue use of allaboutdarien.com.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these
terms and conditions at any time. Such modifications shall become effective
immediately upon the posting thereof. You must review this agreement on a regular
basis to keep yourself apprised of any changes. You can find the most recent version
of the TOU at:

http://www.allaboutdarien.com/terms

3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds,
or other materials (“Content”) posted on, transmitted through, or linked from the
Service, are the sole responsibility of the person from whom such Content originated.
More specifically, you are entirely responsible for each individual item (“Item”) of
Content that you post, email or otherwise make available via the Service. You
understand that allaboutdarien.com and The AllAbout Company LLC does not control,
and is not responsible for Content made available through the Service, and that by
using the Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the allaboutdarien.
com site and Content available through the Service may contain links to other
websites, which are completely independent of allaboutdarien.com and The AllAbout
Company LLC. Allaboutdarien.com and The AllAbout Company LLC makes no
representation or warranty as to the accuracy, completeness or authenticity of the
information contained in any such site. Your linking to any other webites is at your own
risk. You agree that you must evaluate, and bear all risks associated with, the use of
any Content, that you may not rely on said Content, and that under no circumstances
will allaboutdarien.com or The AllAbout Company LLC be liable in any way for any
Content or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the Service. You
acknowledge that allaboutdarien.com and The AllAbout Company LLC does not pre-
screen or approve Content, but that allaboutdarien.com and The AllAbout Company
LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete
or move any Content that is available via the Service, for violating the letter or spirit of
the TOU or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The allaboutdarien.com site and Content available through the Service may contain
features and functionalities that may link you or provide you with access to third party
content which is completely independent of allaboutdarien.com, including web sites,
directories, servers, networks, systems, information and databases, applications,
software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely
between you and such organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties.

You agree that The AllAbout Company LLC shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings. If there is a
dispute between participants on this site, or between users and any third party, you
understand and agree that The AllAbout Company LLC is under no obligation to
become involved. In the event that you have a dispute with one or more other users,
you hereby release The AllAbout Company LLC, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and consequential) of
every kind or nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and / or our service.
If you are a Connecticut resident, you waive Connecticut 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.”

5. PRIVACY AND INFORMATION DISCLOSURE

The AllAbout Company LLC has established a Privacy Policy to explain to users how
allaboutdarien.com information is collected and used, which is located at the following
web address: http://www.allaboutdarien.com/privacypolicy.html

Your use of the allaboutdarien.com website or the Service signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and agree that The
AllAbout Company LLC may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps, and
other user information, if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with legal process;
enforce the TOU; respond to claims that any Content violates the rights of third-
parties; respond to claims that contact information (e.g. phone number, street
address) of a third-party has been posted or transmitted without their consent or as a
form of harassment; protect the rights, property, or personal safety of The AllAbout
Company LLC, its users or the general public.

6. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another’s privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii)
bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious
exhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;

d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or
rental of any dwelling, a discriminatory preference based on race, color, national
origin, religion, sex, familial status or handicap (or violates any state or local law
prohibiting discrimination on the basis of these or other characteristics);

e) that violates federal, state, or local equal employment opportunity laws, including
but not limited to, stating in any advertisement for employment a preference or
requirement based on race, color, religion, sex, national origin, age, or disability.

f) with respect to employers that employ four or more employees, that violates the anti-
discrimination provision of the Immigration and Nationality Act, including requiring U.S.
citizenship or lawful permanent residency (green card status) as a condition for
employment, unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.

g) that impersonates any person or entity, including, but not limited to, an AllAbout
Company employee, or falsely states or otherwise misrepresents your affiliation with a
person or entity (this provision does not apply to Content that constitutes lawful non-
deceptive parody of public figures.);

h) that includes personal or identifying information about another person without that
person’s explicit consent;

i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and
switch”;

j) that infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships;

k) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

l) that constitutes or contains any form of advertising or solicitation if: posted in areas
of allaboutdarien.com which are not designated for such purposes; or emailed to
allaboutdarien.com users who have not indicated in writing that it is ok to contact them
about other services, products or commercial interests.

m) that includes links to commercial services or web sites, except as allowed in
“services”;

n) that advertises any illegal service or the sale of any items the sale of which is
prohibited or restricted by any applicable law, including without limitation items the sale
of which is prohibited or regulated by Connecticut law.

o) that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;

p) that disrupts the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively affects other users’ ability
to use the Service; or

q) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted through
the Service.

Additionally, you agree not to:

r) contact anyone who has asked not to be contacted;

s) “stalk” or otherwise harass anyone;

t) collect personal data about other users for commercial or unlawful purposes;

u) use automated means, including spiders, robots, crawlers, data mining tools, or the
like to download data from the Service – unless expressly permitted by The AllAbout
Company LLC;

v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on our
infrastructure;

w) post the same item or service in more than one classified category or forum, or in
more than one metropolitan area;

x) attempt to gain unauthorized access to allaboutdarien.com’s computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes with the
performance of, or impairs the functionality of, the Service or the allaboutdarien.com
website; or

y) use any form of automated device or computer program that enables the
submission of postings on allaboutdarien.com without each posting being manually
entered by the author thereof (an “automated posting device”), including without
limitation, the use of any such automated posting device to submit postings in bulk, or
for automatic submission of postings at regular intervals.

7. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post
Content to the Service on behalf of others. To moderate demands on allaboutdarien.
com’s resources, you may not use a Posting Agent to post Content to the Service
without express permission or license from The AllAbout Company LLC.
Correspondingly, Posting Agents are not permitted to post Content on behalf of
others, to cause Content to be so posted, or otherwise access the Service to facilitate
posting Content on behalf of others, except with express permission or license from
The AllAbout Company LLC.

8. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to
allaboutdarien.com email addresses or through The AllAbout Company LLC computer
systems, which is expressly prohibited by these TOU, will use or cause to be used
servers located in Connecticut. Any unauthorized use of The AllAbout Company LLC
computer systems is a violation of the TOU and certain federal and state laws,
including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ? 1030 et
seq.), Section 502 of the Connecticut Penal Code and Section 17538.45 of the
Connecticut Business and Professions Code. Such violations may subject the sender
and his or her agents to civil and criminal penalties.

9. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an
access fee permitting Content to be posted in a designated area. Each party posting
Content to the Service is responsible for said Content and compliance with the TOU.
All fees paid will be non-refundable in the event that Content is removed from the
Service for violating the TOU.

10. LIMITATIONS ON SERVICE

You acknowledge that The AllAbout Company LLC may establish limits concerning use
of the Service, including the maximum number of days that Content will be retained by
the Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency with
which you may access the Service. You agree that The AllAbout Company LLC has no
responsibility or liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that The AllAbout Company LLC
reserves the right at any time to modify or discontinue the Service (or any part thereof)
with or without notice, and that The AllAbout Company LLC shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the Service.

11. ACCESS TO THE SERVICE

Allaboutdarien.com grants you a limited, revocable, nonexclusive license to access the
Service for your own personal use. This license does not include: (a) access to the
Service by Posting Agents; or (b) any collection, aggregation, copying, duplication,
display or derivative use of the Service nor any use of data mining, robots, spiders, or
similar data gathering and extraction tools for any purpose unless expressly permitted
by The AllAbout Company LLC.
A limited exception to (b) is provided to general purpose internet search engines and
non-commercial public archives that use such tools to gather information for the sole
purpose of displaying hyperlinks to the Service, provided they each do so from a
stable IP address or range of IP addresses using an easily identifiable agent and
comply with our robots.txt file. “General purpose internet search engine” does not
include a website or search engine or other service that specializes in classified listings
or in any subset of classifieds listings such as jobs, housing, for sale, services, or
personals, or which is in the business of providing classified ad listing services.

Allaboutdarien.com permits you to display on your website, or create a hyperlink on
your website to, individual postings on the Service so long as such use is for
noncommercial and/or news reporting purposes only (e.g., for use in personal web
blogs or personal online media). If the total number of such postings displayed or
linked to on your website exceeds one hundred (100)postings, your use will be
presumed to be in violation of the TOU, absent express permission granted by The
AllAbout Company LLC to do so. You may also create a hyperlink to the home page of
allaboutdarien.com so long as the link does not portray The AllAbout Company LLC,
its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive
manner.

Allaboutdarien.com offers various parts of the Service in RSS format so that users can
embed individual feeds into a personal website or blog, or view postings through third
party software news aggregators. allaboutdarien.com permits you to display, excerpt
from, and link to the RSS feeds on your personal website or personal web blog,
provided that (a) your use of the RSS feed is for personal, non-commercial purposes
only, (b) each title is correctly linked back to the original post on the Service and
redirects the user to the post when the user clicks on it, (c) you provide, adjacent to
the RSS feed, proper attribution to ‘allaboutdarien.com’ as the source, (d) your use or
display does not suggest that allaboutdarien.com promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not redistribute the
RSS feed, and (f) your use does not overburden The AllAbout Company LLC’s
systems. The AllAbout Company LLC reserves all rights in the content of the RSS
feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by
allaboutdarien.com immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the the Service
or any Content made available via the Service for other purposes (including
commercial purposes) not stated herein, you must first obtain a license from The
AllAbout Company LLC.

12. TERMINATION OF SERVICE

You agree that The AllAbout Company LLC, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP address, or
otherwise terminate your access to or use of the Service (or any part thereof),
immediately and without notice, and remove and discard any Content within the
Service, for any reason, including, without limitation, if The AllAbout Company LLC
believes that you have acted inconsistently with the letter or spirit of the TOU. Further,
you agree that The AllAbout Company LLC shall not be liable to you or any third-party
for any termination of your access to the Service. Further, you agree not to attempt to
use the Service after said termination. Sections 2, 4, 6 and 12-18 shall survive
termination of the TOU.

13. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is protected by
copyright as a collective work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification, creation of derivative works
from or redistribution of the site or the collective work, and/or copying or reproducing
the sites or any portion thereof to any other server or location for further reproduction
or redistribution is prohibited without the express written consent of The AllAbout
Company LLC. You further agree not to reproduce, duplicate or copy Content from the
Service without the express written consent of The AllAbout Company LLC, and agree
to abide by any and all copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to discover any
source code contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service. ALLABOUTDARIEN.COM is a registered mark in the U.S. Patent
and Trademark Office.

Although The AllAbout Company LLC does not claim ownership of content that
allaboutdarien.com users post, by posting Content to any public area of the Service,
you automatically grant, and you represent and warrant that you have the right to
grant, to The AllAbout Company LLC an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform, display, and distribute said Content and
to prepare derivative works of, or incorporate into other works, said Content, and to
grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore,
by posting Content to any public area of the Service, you automatically grant The
AllAbout Company LLC all rights necessary to prohibit any subsequent aggregation,
display, copying, duplication, reproduction, or exploitation of the Content on the
Service by any party for any purpose.

14. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE ALLABOUTDARIEN.COM SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE ALLABOUTDARIEN.COM SITE AND THE
SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, The AllAbout
Company LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ALLABOUTDARIEN.COM
SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW,
ALLABOUTDARIEN.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE ALLABOUTDARIEN.COM
SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE
ALLABOUTDARIEN.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, The
AllAbout Company LLC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE ALLABOUTDARIEN.COM SITE
OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as
they relate to implied warranties.

16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL The AllAbout Company LLC BE LIABLE FOR
DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF The AllAbout Company LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE
OF THE ALLABOUTDARIEN.COM SITE OR THE SERVICE, WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE ALLABOUTDARIEN.COM SITE OR THE
SERVICE, FROM INABILITY TO USE THE ALLABOUTDARIEN.COM SITE OR THE
SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE ALLABOUTDARIEN.COM SITE OR THE SERVICE. SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE ALLABOUTDARIEN.COM SITE OR THE
SERVICE OR ANY LINKS ON THE ALLABOUTDARIEN.COM SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE ALLABOUTDARIEN.COM SITE OR THE
SERVICE OR ANY LINKS ON THE ALLABOUTDARIEN.COM SITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In
some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

16. INDEMNITY

You agree to indemnify and hold The AllAbout Company LLC, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service providers, suppliers
and employees, harmless from any claim or demand, including reasonable attorney
fees and court costs, made by any third party due to or arising out of Content you
submit, post or make available through the Service, your use of the Service, your
violation of the TOU, your breach of any of the representations and warranties herein,
or your violation of any rights of another.

17. GENERAL INFORMATION

The TOU constitute the entire agreement between you and allaboutdarien.com and
The AllAbout Company LLC and govern your use of the Service, superseding any
prior agreements between you and allaboutdarien.com and The AllAbout Company
LLC. The TOU and the relationship between you and allaboutdarien.com and The
AllAbout Company LLC shall be governed by the laws of the State of Connecticut
without regard to its conflict of law provisions. You and The AllAbout Company LLC
agree to submit to the personal and exclusive jurisdiction of the courts located within
the county of San Francisco, Connecticut. The failure of The AllAbout Company LLC
to exercise or enforce any right or provision of the TOU shall not constitute a waiver of
such right or provision. If any provision of the TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties’ intentions as reflected in the provision, and the other
provisions of the TOU remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOU must be filed within one (1) year after such claim or
cause of action arose or be forever barred.

18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Our failure to act with respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it
becomes necessary for The AllAbout Company LLC to pursue legal action to enforce
the TOU, you will be liable to pay The AllAbout Company LLC the following amounts as
liquidated damages, which you accept as reasonable estimates of The AllAbout
Company LLC damages for the specified breaches of the TOU:

a. If you post a message that (1) impersonates any person or entity; (2)falsely states
or otherwise misrepresents your affiliation with a person or entity; or (3) that includes
personal or identifying information about another person without that person’s explicit
consent, you agree to pay The AllAbout Company LLC one thousand dollars ($1,000)
for each such message. This provision does not apply to messages that are lawful non-
deceptive parodies of public figures.

b. If The AllAbout Company LLC establishes limits on the frequency with which you
may access the Service, or terminates your access to or use of the Service, you agree
to pay The AllAbout Company LLC one hundred dollars ($100) for each message
posted in excess of such limits or for each day on which you access allaboutdarien.
com in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to allaboutdarien.com email addresses
or through The AllAbout Company LLC computer systems, you agree to pay The
AllAbout Company LLC twenty five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other than as described above, you
agree to pay The AllAbout Company LLC one hundred dollars ($100) for each Item of
Content posted. In its sole discretion, The AllAbout Company LLC may elect to issue a
warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition
to any liquidated damages under clause (d), you agree to pay The AllAbout Company
LLC one hundred dollars ($100) for each and every Item of Conent posted in violation
of the TOU. A Posting Agent will also be deemed an agent of the party engaging the
Posting Agent to access the Service (the “Principal”), and the Principal (by engaging
the Posting Agent in violation of the TOU) agrees to pay The AllAbout Company LLC
an additional one hundred dollars ($100) for each Item of Conent posted by the
Posting Agent on behalf of the principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any
purpose any Content (except for your own Content) in violation of the TOU without The
AllAbout Company LLC ‘s express written permission, you agree to pay The AllAbout
Company LLC three thousand dollars ($3,000) for each day on which you engage in
such conduct.

Otherwise, you agree to pay The AllAbout Company LLC’s actual damages, to the
extent such actual damages can be reasonably calculated. Notwithstanding any other
provision of the TOU, The AllAbout Company LLC retains the right to seek the remedy
of specific performance of any term contained in the TOU, or a preliminary or
permanent injunction against the breach of any such term or in aid of the exercise of
any power granted in the TOU, or any combination thereof.