Welcome to Still-Looking.com! Owned, produced and operated by Still-Looking.com, LLC, its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as “S-L”), S-L currently consists of various web pages at or linked to http://www.still-looking.com , collectively referred to as the “S-L Network,” which may expand or change from time to time with or without notice. Integrated, these sites may help individual users to locate, retrieve and manage information tailored to his or her personal interests. This Agreement (the "Agreement") governs the S-L Services as defined below. As used in this Agreement, the terms "we" and "our" shall refer to S-L.

1. Definitions.

"Content" shall mean any content, including, but not limited to, images, text, graphics, photographs, links, animation, audio works, and audiovisual works, that (a) you provide to S-L in connection with the S-L Services, including all e-mails; (b) is displayed on, through or in connection with a web site you own or have administrative access to; or (c) is posted by you on any S-L Network property or web site, including all e-mails.

"Email(s)" shall mean any electronic mail message (including any content in such electronic mail message) sent or received by you through the S-L Network.

"S-L Services" shall mean the service or services for which you are registering and/or subscribing.

"Subscription" shall mean your commitment to purchase S-L Services for a specified period of time, such as one month or one year.

2. S-L Services.

2.1 Subject to the terms and conditions of this Agreement, S-L will provide the S-L Services offered by S-L from time to time. A description of the available S-L Services packages, as such packages may exist and change from time to time, is set forth in the relevant pages of the S-L Network (the "Product Descriptions").

2.2 You acknowledge that, in order to use the S-L Services, you may need to comply with certain technical requirements. These requirements, if any, will be set forth in the Product Descriptions.

2.3 S-L reserves the right to modify the S-L Services at any time. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT S-L MAY CHANGE THE FEATURES AND TECHNICAL REQUIREMENTS OF S-L SERVICES OR PARTICULAR SERVICES PACKAGES FROM TIME TO TIME. If you are dissatisfied with any modification to the S-L Services, your sole remedy will be to terminate the S-L Services in the manner described in this Agreement.

3. General Payment Terms

3.1 You agree to pay for the S-L Services on time and in full.

3.2 You agree that the credit card information you provide corresponds to an account that you are authorized to use. We are permitted to charge your account in order to collect payment for the S-L Services.

3.3 You are responsible for payment of all taxes and duties relating to the S-L Services you have purchased, including, without limitation, all sales, use, transfer, privilege, and excise taxes and duties, whether national, international, state, or local, however designated. If you buy or sell or subscribe to any products or services through the S-L Services, the Content or your Web Site you shall be responsible for all taxes and duties associated with the purchase or sale of, or subscription to, such products or services, whether such taxes or duties be national, international, state, or local, however designated.

3.4 If any payment is more than 14 days overdue, you will cease to have the privileges reserved for paying users of the S-L Services for which you have registered and subscribed (although you will continue to be bound by your obligations under this Agreement).

4. Licenses.

4.1 You grant S-L and its parents, subsidiaries, and affiliates a license, on a royalty-free, perpetual, nonexclusive, worldwide, and unrestricted basis, to: (a) use, copy, store, modify, transmit, distribute, publicly display, and publicly perform the Content so that S-L may provide the S-L Services, and (b) create, for promotional purposes, collective and derivative works that may include some or all of the Content you provide (excluding Emails) and, for promotional purposes, to use, copy, store, modify, transmit, distribute, publicly, display, and publicly perform the Content (excluding Emails) and any derivative or collective works containing or derived from the Content.

5. Proprietary Rights.

You acknowledge and agree that certain content available through the S-L Services, including, but not limited to, trademarks and service marks owned by S-L and its parents, subsidiaries, affiliates, licensors, and service providers, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be used in any manner other than as specified in this Agreement and in S-L Network General Terms and Conditions. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the S-L Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by S-L or any of S-L's parents, subsidiaries, affiliates, licensors, or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the S-L Services or any software or program in connection with the S-L Services, or to export, directly or indirectly, the S-L Services or any software or program in connection therewith, to any person or entity outside the United States in violation of applicable U.S. export laws.

6. Monitoring Content.

S-L is not responsible for Content or your Web Site. You acknowledge and agree that you shall be solely responsible for the Content and your Web Site. S-L reserves the right, but does not assume any obligation, to screen Content, including, without limitation, the right to refuse to post, transmit, or receive the Content or your Web Site or to remove any Content or your Web Site from the S-L Network in the event that (i) S-L determines in its sole discretion that the Content or your Web Site violates the S-L Network General Terms and Conditions; (ii) S-L determines in its sole discretion that the Content or your Web Site violates any law or regulation or violates the rights of any third party; (iii) S-L receives a notification, including a notification pursuant to the Digital Millennium Copyright Act, alleging that any Content or your Web Site violates the Copyright Act; or (iv) for any other reason in S-L's sole discretion. You shall bear all risk relating to the accuracy, completeness, reliability, usefulness, and legality of the Content, your Web Site or any Domain Name. In the event that S-L removes any of the Content or your Web Site without terminating your use of the S-L Services, then you may terminate the S-L Services pursuant to Section 8.2 and your sole remedy shall be that specified in Section 8.3. In the event of any notification or complaint pursuant to the Digital Millennium Copyright Act or any other law, S-L shall be under no obligation to obtain any counter notification or response from you before removing the Content or your Web Site.

7. Term and Renewal of Subscription.

7.1 The Term of this Agreement shall last through the period of your Subscription and during any renewal periods for your Subscription, unless this Agreement is terminated earlier pursuant to the terms and conditions of this Agreement.

7.2 Unless otherwise stated herein, your Subscription for a specified time period will renew automatically for the same time period at the then-current price for the S-L Services. If, for example, your Subscription is for one month, your Subscription will automatically renew for additional one-month terms.

7.3 All provisions of this Agreement, which, by their nature, impose continuing obligations, shall survive termination of this Agreement.

8. Termination of Services.

8.1 We may terminate the S-L Services and this Agreement at any time under the following circumstances: (i) if you fail to make a payment when due; (ii) if you violate this Agreement, the S-L Network General Terms and Conditions, or any rules or guidelines posted on the web pages associated with the S-L Services for which you are registering; (iii) if S-L determines in its sole discretion that any Content, your Web Site or any Domain Name violates this Agreement, the S-L Network General Terms and Conditions, or any rules or guidelines posted on the web pages associated with the S-L Services for which you are registering; (iv) if S-L determines in its sole discretion that any Content, your Web Site or any Domain Name violates any law, regulation or the rights of any third party; (v) if S-L receives a notification, including a notification pursuant to the Digital Millennium Copyright Act, alleging that any Content or your Web Site violates the Copyright Act; or (vi) for any other reason in S-L's sole discretion.

8.2 You may terminate the S-L Services and this Agreement at any time by contacting S-L client service ( clientservices@S-L ) or through your account preferences page (or its successor).

8.3 In the event of any termination of the S-L Services and this Agreement by us pursuant to Sections 8.1 (v) or (vi), or in the event of any termination by you pursuant to Section 8.2, you will be given a pro-rated credit for the number of unused days in your Subscription. The credit may be used for those S-L Services designated by S-L from time to time. Set-up fees and other one-time fees will not be included in calculating the credit described in this paragraph.

8.4 In the event of any notification or complaint pursuant to the Digital Millennium Copyright Act or any other law, S-L shall be under no obligation to obtain any counter notification or response from you before termination.

9. Representations and Warranties.
You make the following representations and warranties:

9.1 That you are 18 years of age or older and that you or that a child under your supervision between the ages of 13 and 17, if the S-L Services for which you are registering or subscribing are made available to children, will be the person using the S-L Services pursuant to this Agreement.

9.2 To the extent that you are a corporation, you represent and warrant that you (i) are duly organized and validly existing under the laws of your state of incorporation, (ii) have full corporate power and authority to execute, enter into, and deliver this Agreement, and (iii) have full corporate power and authority to carry out your obligations hereunder.

9.3 That the information you provide to S-L when registering for the S-L Services is true, complete, and accurate and that you will immediately update such information should it become out of date.

9.4 That, in connection with the S-L Services, you will comply with all applicable laws and regulations.

9.5 That Content, your Web Site and any Domain Name (i) complies with all applicable laws and regulations, (ii) does and will not violate, infringe, or dilute the patent, copyright, literary, privacy, publicity, trademark, service mark, trade secret or any other personal or property right of any person, and (iii) does not and will not violate any legal rights of any person or entity.

9.6 That your use of the S-L Services will not violate any contractual commitment of yours.

10. Privacy.

You agree that you have reviewed the S-L Network Privacy Policy and agree to its terms.

11. Changes.

S-L reserves the right to modify the S-L Services from time to time, for any reason, and without notice, including the right to terminate the S-L Services. S-L reserves the right to modify this Agreement from time to time, without notice. Please review the posted Agreement periodically so you will be apprised of any changes.

12. Disclaimer of Warranties.

THE S-L SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES ARE HEREBY DISCLAIMED. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED IN CONNECTION WITH THE S-L SERVICES ARE INTENDED TO EXPRESS OR IMPLY ANY WARRANTY OF ANY NATURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, S-L DISCLAIMS ALL EXPRESS, IMPLIED, AND/OR STATUTORY WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE S-L SERVICES, AS WELL AS ANY WARRANTIES THAT THE S-L SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. S-L SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF THE CONTENT OR YOUR WEB SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

13. Limitation of Liability.

S-L SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF S-L HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL S-L BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE RELEVANT S-L SERVICES DURING THE THREE MONTHS PRECEDING ANY INCIDENT THAT IS THE SUBJECT OF COMPLAINT OR ANY TERMINATION. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE S-L SERVICES, FROM RELIANCE ON THE S-L SERVICES, FROM INABILITY TO USE THE S-L SERVICES, FROM LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF THE CONTENT OR YOUR WEB SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE S-L SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS TO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

14. Indemnity and Release.

You agree to indemnify S-L and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from: (a) the Content, your Web Site or any Domain Name, (b) your use or misuse of the S-L Services, (c) any alleged violation of this Agreement, the S-L Network General Terms and Conditions, any rules or guidelines posted on the web pages associated with the S-L Services for which you are registering, or the rights of others or any law or regulation; or (d) from any person's use of any account or password you maintain with any portion of the S-L Network, regardless of whether such use is authorized by you.

15. Arbitration, Governing Law and Forum for Disputes.

15.1 All legal issues arising from or related to the use or misuse of the S-L Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Michigan applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to this Agreement or any user's use or misuse of the S-L Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Detroit , Michigan , and judgment on the arbitration award may be entered into in any state or federal court in Michigan having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Michigan having jurisdiction thereof. Except as set forth above, the state and federal courts of Michigan shall be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement or any user's use or misuse of the S-L Services, and you hereby consent to personal jurisdiction and venue in any state or federal court in Michigan in connection with any controversy or claim arising or relating to this Agreement or your use or misuse of the S-L Services.

16. Force Majeure.

In the event that S-L is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss or fluctuations in heat, light, or air conditioning, then S-L's performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.

17. No Resale, Assignment, or Sublicensing.

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under this Agreement without the prior express written authorization of S-L.

18. Limitation of Actions.

YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OR MISUSE OF THE S-L SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR WILL FOREVER BE BARRED.

19. Relationship of Parties.

S-L and its users are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to this Agreement has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.

20. Non-Waiver and Separability.

S-L's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court or arbitrator of competent jurisdiction holds that any provision of this Agreement is invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions in this Agreement remain in full force and effect.

21. Successors and Assigns.

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

22. Entire Agreement.

This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter contained in these terms and conditions and merges all prior discussions between them, and neither of the parties shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided herein.

23. Legal Notices.

All legal notices or communications pursuant to this Agreement shall be deemed delivered upon receipt by the party to whom such communication is directed, at the following addresses: (a) if to S-L, such notices shall be addressed to S-L, 9405 English Oak Drive, Clarkston, MI 48348-3504, attention: General Counsel; and (b) if to user, such notices shall be addressed to the electronic mail address provided by user upon registration. It shall be the user's sole obligation to maintain a current electronic mail address in his or her registration information. In the event that the user fails to supply an accurate working electronic mail address or fails to update such information after changing electronic mail addresses, all notices to the user shall be deemed to have been received within one (1) day after transmission or attempted transmission to the address supplied by the user.

24. Parental Controls.

Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such material, a number of parental control protections (such as computer hardware, software, and filtering services) are commercially available. For more information on such parental control protections, click on the Privacy Policy link and read Section 11: What you can do to better protect yourself on the Internet .

Last Updated: May 2004