Terms of Use

These Terms of Use, and the Privacy Policy, Sales Policy and Referrals Policy (Terms) govern your use of the ReallyWho.com website (the Website) and constitute an agreement between you (you or your) and Best Thinking, Inc. (us, our or we). These Terms of Use apply both to registered users of the Website and to visitors to the Website who are not registered users.

Your use of the Website, including use to provide the public an identity-verified profile (Verified Profile) and a list of verified websites you control (Verified Websites), as confirmed by you taking actions that require you to have the user ID and password of the Verified Website, is conditioned upon your acceptance and continued adherence to these Terms.

You agree and understand that we may modify these Terms at any time without prior notice, and such modifications will be effective upon our posting of the new Terms and/or upon implementation of the changes on the Website. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Website after any modifications indicates your acceptance of the modified Terms.

Both you and we acknowledge and agree that no partnership, agency, joint venture or employment relationship is formed between you and us by your use of the Website and neither you nor we have the power or the authority to obligate or bind the other.

Website Registration. Simply finding people on the Website and viewing the Verified Profiles and Verified Websites does not require registration, can be done anonymously and is provided at no cost to you.

To have your own Verified Profile and a Verified Websites page requires you to register on the Website and pay an annual subscription of five (5) U.S. dollars payable by credit card or PayPal and comes with a 15-day full money-back guarantee (see Sales Policy for details).

You agree by registering to use your true legal name and you represent and warrant that all the information you provide (Submitted Information) is accurate, current and complete, and that you will keep it up to date.

You understand that in some jurisdictions it may be a crime to deliberately provide a false name represented as a true legal name, fraudulent identity information or misleading information intended to mask a true identity, and in the event we have a reasonable belief you have done so, that we may terminate your account and report incidents of identity fraud to appropriate authorities.

You agree that we will have the right to verify your identity and Submitted Information. We reserve the right to re-verify your identity and Submitted Information at any time after the first fifteen (15) days of your first successful identity verification. We also reserve the right in our sole discretion to terminate your account without refund if you are unwilling or unable to cooperate and provide the information reasonably required to re-verify your identity and Submitted Information. Identity re-verification is typically required when there are indicators of possible fraud regarding your identity or information on your Service account or Profile.

While you must use your real name on the Website, you can control how much, if any, of other information related to you is shown under your profile on the Website.

You agree to have only one (1) Website account and one (1) Verified Profile and Verified Websites page, using the same real identity in all cases. Furthermore, while your URL on the Website (Profile URL) does not necessarily have to be an exact match to your real name, it must be directly associated with your real identity and it may not mislead by implying an affiliation with another person or organization. Using a Profile URL that includes trademarked names, terms or phrases requires the approval of the trademark holder, if you are not the trademark holder.

You agree not to sell, trade or transfer, with or without consideration, your Website account or Profile URL.

You also agree not to share or transfer your password or other account access information with any other party, temporarily or permanently.

Registration and your continued use of the Website requires the use of your real identity; accurate, complete and current Submitted Information; full compliance with these Terms and your acceptance of sole responsibility for all use of your account.

Privacy Policy. Protecting your privacy is important to us. The information we collect, and the cookies we may place on your computer are governed by our published Privacy Policy, even if you are not registered on the Website.

Use of the Website must comply with the Privacy Policy. The Privacy Policy is incorporated by reference as part of these Terms.

License for Website to Use Submitted Information and Links. You may provide Submitted Information to the Website, including Personal Information as defined in the Privacy Policy, graphics and pictures, and provide links to other websites containing additional information and content about you (Links), any or all of which may be subject to certain rights.

Regarding Submitted Information and Links, while retaining all your rights, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use in connection with the Website the Submitted Information and Links (including your account information accessible through the Links). Submitted Information and Links will be removed from the Website promptly upon your deletion of your Website account.

You represent and warrant that the Submitted Information and Links you provide to us for use on the Website: (a) are owned by you, or you have the full right to provide the Submitted Information and Links to us and grant the license in these Terms; (b) do not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right; (c) do not violate any person's right of privacy or publicity; (d) do not contain or link to any unlawful, obscene, harassing, abusive, defamatory or libelous material; and (e) to the best of your knowledge, are accurate and complete.

You also represent and warrant that your disclosure of Submitted Information and Links to us for use on the Website is not in breach of any obligation of confidentiality that you have to any other person or organization.

Age Restrictions. You must be 18 years old or older to register to have an account on the Website. Additional information regarding age restrictions is contained in the Privacy Policy.

Some Users may provide links from their Profiles on the Website that may contain material that is inappropriate for minors.

Use of Website and Links. You agree that you will not use the Website and any links from the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Website and any links from the Website to upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable.

The Website depends on Application Programming Interfaces (API), open standards and other technology to access websites, such as Twitter, Facebook, etc., to which we provide you the identification verification service. This access is provided and maintained by these other websites and is not under our control.

Other sites may elect to withdraw or limit use of their APIs, fail to comply with open standards or block our access to their websites for competitive or other reasons. This will not affect the Website's ability to provide you the Verified Profile page, but may affect the ability to provide the ReallyWho verified graphic and link to your Verified Profile page from their website.

Intellectual Property. All software and content made available on the Website, and the look and feel of the Website, are protected by copyright, trademark and other intellectual property laws, and are owned by us and our licensors.

REALLYWHO, REALLYWHO.COM, R WHO, I AM REALLYWHO I SAY I AM, IDENTITY LOOP and other of our slogans, phrases, marks, icons and logos on the Website are our trademarks or registered trademarks. All other trademarks, service marks, logos and trade names on the Website are trademarks or registered trademarks of their respective owners.

We respect the intellectual property of others, and we ask you to do the same. It is our policy not to permit Submitted Information and Links known by us to be infringing to remain on this Website. If you believe that any Submitted Information and Links constitutes copyright infringement, please notify us immediately of the infringing material and provide the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement made by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

For your convenience, we provide a Report Concerns form for you to send the above information directly to us. Your notice of claim of copyright infringement can also be sent by directing an email or letter to the following designated copyright agent:

• ReallyWho.com
  c/o Best Thinking, Inc.
  ATTN: Copyright Agent
  5020 Weston Parkway - Suite 150
  Cary, North Carolina 27513
  USA
  (919) 447-5500

Upon our receipt of a proper notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the content claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act ("DMCA") to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Links to Other Websites. The Website contains links to other websites. We will attempt to tell you when you are leaving the Website, but there may be instances when we are unable to do so. We are not responsible for the content, accuracy or opinions expressed in other websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.

Inclusion of any link on the Website does not imply approval or endorsement of the linked website by us. If you decide to leave the Website and access these third-party sites, you do so at your own risk.

Limitations of Liability. In no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the Website, Submitted Information or Links, even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to us for your use of or access to the Website, Submitted Information or Links that caused the damages; and (b) ten dollars ($10). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations in these Terms may not apply to you, and you may have additional rights.

Indemnity. You agree to indemnify and hold us and our directors, officers, agents, contractors, partners and employees harmless from and against any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Website in violation of these Terms.

Disclaimer of Warranties. We do not guarantee or warrant the results of any verification provided through the Website, as not all fraudulent activity can be detected and there may be errors in our and third parties' systems. We also do not warrant or covenant that the Website 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 Website or Content is free of viruses or other potentially harmful components. We may also at our sole discretion modify or suspend the features, availability, operation and/or look and feel of the Website from time to time without notice to you.

We are not responsible for any incorrect, inaccurate or misleading Submitted Information or Links provided on the Website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to any person's computer related to or resulting from use of the Website, Submitted Information or Links or downloading materials in connection with the Website, Submitted Information or Links.

Any content downloaded or otherwise obtained through the use of the Website 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. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website.

We are not responsible for the conduct, whether online or offline, of any user of the Website. The Website is provided "as is," and we disclaim any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement or arising out of a course of performance, course of dealing or usage of trade. We cannot guarantee and do not promise any specific results from use of the Website. Your use of the Website is at your own risk.

Controversial Content. You understand and agree that by using the Website, you may be exposed to Submitted Information and Links that you find offensive, indecent or objectionable, and that the Website may not be in accordance with the laws of your jurisdiction. You understand and acknowledge we are not responsible for the content linked to by third parties on the Website. We do not necessarily review the Submitted Information and Links prior to it becoming visible on the Website. Submitted Information and Links on the Website, by being allowed to remain on the Website, does not necessarily reflect the opinions of Best Thinking, Inc., its owners, staff, subsidiaries, investors or partners.

Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information submitted to the Website relating to modifying or improving the Website and/or its processes and underlying software ("Feedback"), provided by you to us, whether solicited or unsolicited, are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow intellectual property rights to be transferred as described above, you hereby grant to us a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for twenty-five (25) years.

Special Provisions for International Use. Different countries have different regulations. We make no representations that this Website is appropriate or legally available for use in locations outside the United States. If you are accessing this Website from jurisdictions where this Website may be illegal, you are solely responsible for complying with all local laws regarding acceptable Websites. By submitting any information or links to this Website, you understand and agree that you are transferring it from your country and submitting it to our servers in the United States.

Software Downloads and Export Controls. Software and related technologies that may be available in connection with this Website are further subject to United States export controls. No software or related technologies may be downloaded from this Website or links to this Website, or otherwise exported or re-exported in violation of United States export laws. Downloading or using any software available from the Website or links to this Website is at your sole risk.

Governing Law. These Terms shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, U.S.A., without reference to conflicts of laws, provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Raleigh, North Carolina in accordance with N.C. Gen. Stat. § 1-567.1 et seq. (the "Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. We reserve the right to seek any interim, preliminary or other equitable relief from a court of competent jurisdiction as necessary to protect our rights or our property or the rights or property of our agents, suppliers and subcontractors.

In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first-class mail, and shall be deemed effectively given upon receipt.

Miscellaneous. These Terms, to which the Privacy Policy and Sales Policy are incorporated by reference, and any other agreement that you may enter into as part of registering on the Website, set forth the entire agreement between you and us pertaining to your use of the Website. If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.

If you do not agree to or are not able to abide by these Terms and any other agreement that you may enter into as part of visiting or registering on the Website, you have no right to access or use the Website.