Terms of Use

Terms of Use

Effective Date: 8/1/2014

Updated: 8/14/2015

OpportunityLives.com, a project of Opportunity News Media, LLC (“us,” “our,” and “we”), values your support and viewership of this Web site. These Terms of Use (“Terms”) govern your use of our Web site, mobile applications, electronic services, social networking sites, or any other website or online service that we operate and that links to or references these Terms (collectively, the “Services” or “Site”).

Please review these Terms carefully before using the Services. PLEASE NOTE THAT THE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THIS AFFECTS YOUR RIGHTS WITH RESPECT TO RESOLVING DISPUTES WITH OPPORTUNITY NEWS MEDIA, LLC. PLEASE READ THEM.

We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.

 

I. Privacy

We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Policy is incorporated in these Terms and available here.

 

II. Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:

  • engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
  • engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type;
  • attempt to access data not intended for you, such as logging into a server or account which you are not authorized to access and
  • submit content that violates applicable laws (including, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation).

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

 

III. Copyright and Digital Millennium Copyright Act (DMCA) Procedures

The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

We reserve the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. We may, under appropriate circumstances and at our own discretion, terminate your or any third-party’s right to access to the Site, if we determine that you or a third-party is a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to our attention, you must provide our DMCA agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The contact information for our DMCA agent for notice of claims of copyright infringement is: Opportunity News Media, LLC, Attn: Copyright Agent, 2111 Wilson Blvd. Suite 700, Arlington, VA 22201, email: info@opportunitylives.com.

 

IV. User Content

The Site may provide users with opportunities to submit or post narratives, discussions, comments, messages, and other communications (collectively, “User Content”) through forums or other communication facilities that may be offered on, through, or in connection with the Site from time to time.

If you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights, or contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.

We shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to determine compliance with these Terms and any operating rules established by us, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any material from any site that we control, in our sole and absolute discretion. We assume no liability for any User Content or other information that appears or is removed from the Site or elsewhere. We have no obligation to use User Content and may not use it at all.

You understand and agree that User Content is public. Any person may read your User Content without your knowledge. Please do not include any personal information in your User Content unless you wish for it to be publicly disclosed. Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Opportunity News Media, LLC. Other users may post User Content that is inaccurate, misleading or deceptive. We do not endorse and are not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content.

Some User Content you submit to the Site may be displayed on the Site. As between you and Opportunity News Media, LLC, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant Opportunity News Media, LLC a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. However, Opportunity News Media, LLC shall have no obligation to use your information in connection with any User Content. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Opportunity News Media, LLC’s license in any User Content or personal information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, feedback, quality control or any other lawful purpose.

As detailed in the Privacy Policy, use of the Site is limited to individuals over eighteen years old. The Site is designed and intended for adults. By contributing User Content or other content on or through the Site, you affirm that you are over eighteen years old. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least eighteen years old.

 

V. Links To Third-Party Content

The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.

 

VI. Electronic Communications

When you use the Site or send emails to Opportunity News Media, LLC, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You consent to receive such electronic communications, and agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

 

VII. Disclaimer of Warranties; Limitation of Liability

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO ACCESS THE SERVICES.

 

VIII. Indemnification

You agree to indemnify, defend and hold us and our subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

 

IX. DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER

Any dispute arising out of or relating to the Services (“Dispute”) will be resolved according to the following procedures:

  • Notice of Dispute. In the event of a Dispute, you or Opportunity News Media, LLC must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution. You must send any Notice of Dispute by U.S. Mail to Opportunity News Media, LLC at 2111 Wilson Blvd. Suite 700, Arlington, VA 22201. Opportunity News Media, LLC will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Opportunity News Media, LLC will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Opportunity News Media, LLC may commence arbitration, as described in this section.
  • Small claims court. You may also choose to litigate any Dispute in small claims court in the District of Columbia or in your own county of residence, if the Dispute meets all the requirements to be heard in small claims court. You may litigate in small claims court whether or not you negotiated with Opportunity News Media, LLC informally first.
  • Binding Arbitration. If you and Opportunity News Media, LLC do not resolve any Dispute by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
  • Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Opportunity News Media, LLC will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
  • Arbitration Procedures. Any arbitration will be conducted by JAMS, Inc, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”). You agree to commence arbitration only in your county of residence or in the District of Columbia. Opportunity News Media, LLC agrees to commence arbitration only in your county of residence. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
  • Arbitration Fees. For disputes involving $75,000 or less, Opportunity News Media, LLC will reimburse your filing fees and pay the JAMS and the arbitrators fees and expenses. For disputes involving more than $75,000, the JAMS Rules will govern payment of all filing fees and expenses.
  • Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn’t filed within one year, it is permanently barred.
  • Severability. If any provision of this section (“Disputes, Arbitration, and Class Waiver”) is found to be illegal or unenforceable, that provision will be severed, with the remainder of section remaining in full force and effect.

 

X. Choice of Law and Forum

The Services are intended for use by residents of the United States. We do not intentionally provide access to the Services to individuals located outside the United States. These Terms will be governed by the laws of the District of Columbia without regard to its conflict of law provisions. With respect to any Disputes not subject to the dispute resolution procedures set forth above, you and Opportunity News Media, LLC agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the District of Columbia.

 

XI. Miscellaneous

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Opportunity News Media, LLC may assign its rights and obligations under these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.