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Terms of Use

August 23, 2003

Thank you for choosing AthleticMeet.com™, the online network for adults with active lifestyles. AthleticMeet.com is operated by AthleticMeet.com, Inc. In consideration for using the AthleticMeet.com website and/or any other service provided by AthleticMeet.com (collectively, the "Service"), either as a paid user or otherwise, you agree to be bound by all of the terms of use and conditions set forth below (the "Agreement").

Please read this Agreement carefully and completely, as it forms the legally binding agreement between you and AthleticMeet.com. If you do not agree to these terms and conditions, you may not use the Service and should not register as a member. The terms of this Agreement may be modified by AthleticMeet.com from time to time, in its sole discretion; by using the Service on or after August 23, 2003 you are agreeing to be bound by this Agreement, including all amendments made to date. Notification of modifications to this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, constitutes a binding acceptance by you of this Agreement, or any subsequent modifications.

User Eligibility
You must be at least eighteen years old to use either the Website or the Service. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Use of the Service is void where prohibited.

The Service is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service for any purpose. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses and/or any other data of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Service, and unauthorized use beyond the scope of this Agreement will be investigated, and appropriate legal action will be taken.

Membership
Users of the Service can register in three membership categories, "Public Users", "General Members" or "Club Members" (collectively "Members"). Public Users are allowed access to a minimal level of the Service's features for no charge. General Members are allowed to access more features of the Service than are Public Users, but are not allowed access to all of the features that Club Members are allowed to access; General Members are not charged for the features that are free to Public Users but are charged for certain additional features not available to Public Users. Club Members are provided with access to additional features of the Service that are not available to Public Users or General Members; General Members are not charged for the features that are free to Public Users but are charged for certain additional features not available to Public Users.

If you opt to be a General Member or a Club Member, you agree to pay all subscription fees and charges in connection with your membership account for the Service (including applicable taxes) at rates in effect at the time of your new subscription or renewal. By opting for automatic renewal under My Account, you agree to have your credit card charged at the regular renewal intervals you chose for fees and charges based on the rates in effect at each renewal anniversary. If you are a Club Member and, during the course of your current subscription period, your membership in any club in the AthleticMeet.com network cannot be verified or your club no longer remains part of the AthleticMeet.com network, then you will be subject to paying the General Member fees and charges at your next renewal anniversary. If, during the course of your current subscription period, a club in which you are a member joins the AthleticMeet.com network, then you shall be entitled to pay the Club Member fees and charges at your next renewal anniversary, with no rebate or refund for the difference in fees and charges between the two plans for the duration of your current subscription period. All subscription fees and charges are non-refundable and may not be transferred to another account or member. AthleticMeet.com may change the fees and charges or add fees and charges for the Service at any time; current fees will be posted on the Website. You are responsible for all fees and charges incurred to gain access to the Service via the Internet.

Term
This Agreement will remain in full force and effect while you use the Service. You may terminate your membership at any time, for any reason by following the instructions on the Subscription pages under My Account, or upon receipt by AthleticMeet.com of your written or email notice of termination. AthleticMeet.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or the email address you maintain in My Account. If AthleticMeet.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.

Property Rights, Proprietary Information
The Service contains information which is proprietary to AthleticMeet.com, its sponsors and partners, and its users, including but not limited to copyrighted material, trademarks, designs, website code, databases and contents. AthleticMeet.com asserts full copyright protection in the Service. Information posted by AthleticMeet.com, its partners and sponsors, or users of the Service may be protected whether or not it is identified as proprietary. You agree not to modify, copy or distribute any such information in any manner whatsoever without prior written permission of the owner of such information.

All information, content, messages, and photos (collectively "Content") submitted to your profile become property of AthleticMeet.com. AthleticMeet.com reserves the right to edit any such submission at it sole discretion, to conform the terms of this Agreement or otherwise.

Opinions, advice, tips, suggestions, statements, offers, and other information or content available through the Service but not produced by AthleticMeet.com are those of their respective authors, are for informational or entertainment purposes, and should not be relied upon. AthleticMeet.com takes no responsibility for the accuracy or reliability of opinions, advice, tips, suggestions, statements, offers, and other information or content available through the Service.

Code of Conduct and Content of Postings
You agree to use the Service in accordance with the following Code of Conduct and to immediately report to AthleticMeet.com any violations by other users:

a. you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

b. you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;

d. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

e. you will not post messages, pictures or recordings or use the Service in any way which is fraudulent or otherwise unlawful or violates any law, or violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights;

f. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.

g. you will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, AthleticMeet.com systems or to other members' systems in any way.

h. you will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, full names, or any personal information which would enable other Registered Users to discover your identity through your publicly posted information.

i. you will create and maintain only one profile in the Service.
 
j. you are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or communicate or transmit to other Members. You are solely responsible for all communications and interactions you have with other users or members online or offline. You understand there may be risks associated with meeting certain individuals through the Service, and you agree to take normal precautions in such meetings and interactions including but not limited to reviewing the Online Dating Safety Tips.
 
k. By posting Content to any public area of AthleticMeet.com, you automatically grant, and you represent and warrant that you have the right to grant, to AthleticMeet.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
 
l. Below is a partial list of the kind of Content that is illegal or prohibited on the Website. AthleticMeet.com 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 posting from the Service and terminating the membership of such violators. It includes Content that:
 
- is patently offensive to the online community, such as Content 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 "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
 
- provides or promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
 
- provides or promotes an illegal or unauthorized copy of another’s copyrighted work;
 
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
 
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
 
- provides instructional information about illegal activities such as making or buying illegal weapons, promoting or engaging in terrorism, violating someone’s privacy, providing or creating computer viruses, or gaining unauthorized access to computer systems and files or "hacking";
 
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
 
m. You must use the Service in a manner consistent with any and all applicable local, state, national, and international laws and regulations including, but not limited to, United States export control laws.

n. AthleticMeet.com may deny use of a username or other Content that impersonates someone else, is protected by intellectual property or proprietary law, or is vulgar or otherwise offensive, as determined by AthleticMeet.com in its sole discretion.

AthleticMeet.com cannot monitor the conduct of its Members off the Website. In order to protect our Members from advertising or solicitation, AthleticMeet.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which AthleticMeet.com deems appropriate in its sole discretion.

Privacy
Use of the Service is also subject to the Privacy Policy. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet, your email messages, or the Service, and you release AthleticMeet.com from any and all liability in connection with the use of such information by other parties; (b) AthleticMeet.com is not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) AthleticMeet.com cannot assume any responsibility for the content of messages sent by other Members or users of the Service, and you release Athleticmeet.com from any and all liability in connection with the contents of any communications you may receive from other users including Members. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service including Members.

Disclaimer
AthleticMeet.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. AthleticMeet.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. AthleticMeet.com assumes 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, user or Member communications. AthleticMeet.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. AthleticMeet.com does not guarantee the accuracy, completeness, or usefulness of any Content or the Service. Under no circumstances will AthleticMeet.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "As-Is" and AthleticMeet.com expressly disclaims any warranty, express or implied, of fitness for a particular purpose or non-infringement. AthleticMeet.com cannot guarantee and does not promise any specific results from use of the Service. AthleticMeet.com does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. AthleticMeet.com disclaims any liability for, and not warranty is made with respect to, the connectivity and availability of the Service.

Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will AthleticMeet.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if AthleticMeet.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, AthleticMeet.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to AthleticMeet.com for the Service during the term of membership.

While the Company performs an initial screening of individuals registering for the Service, the Company makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users. In no event shall AthleticMeet.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including but not limited to bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members of the Service or persons introduced to you by the Service.

Indemnity by Registered User
You indemnify and hold harmless AthleticMeet.com, its officers, directors, employees, agents, sponsors, partners, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement.

Other Provisions
If there is any dispute about or involving the Service, by using the Service, you agree that the dispute will be governed by the laws of the State of Wyoming without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Wyoming, City of Cheyenne.

This Agreement, accepted upon registration for the Service, contains the entire agreement between you and AthleticMeet.com regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.


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