USE AGREEMENT FOR StatusMe


THIS AGREEMENT WAS LAST UPDATED ON: FEBRUARY 9, 2009.


PLEASE SCROLL DOWN AND READ THE USE AGREEMENT BELOW.
This Use Agreement governs your individual and/or your
organization’s use of StatusMe.com, which provides


communication on recreational activities
.

You
agree to be bound by the terms of this Agreement by your
organization’s use of the functionality provided through
StatusMe.com and through on-going use of the services.
If you do not agree to be bound by the terms of this
Agreement, then you should not use the services
provided.


1.     Changes to the User Agreement.
StatusMe, LLC, publisher of
StatusMe.com may change the terms of this Agreement at
any time. The changes will appear in this document,
which you can access at any time from the StatusMe.com
web page. Your use of StatusMe.com after changes are
made to this Agreement means that you agree to be bound
by such changes.


2.     Privacy.
We only maintain the minimum
registration data about our users needed to run our
site.  This data is maintained in accordance to to
StatusMe.com�s Privacy Policy.  The Privacy Policy can
be accessed at any time from the StatusMe.com web page. 
For users outside the United States, the information
that you provide to us is being sent to the United
States. By using StatusMe.com, you consent to your data
being sent to the United States.


3.     Fees and Payments.


       a.     Individuals:  The system is
provided at no charge for individuals to sign-up to
receive messages from any number of clubs.  However,
you are responsible for any fees or charges incurred to
access StatusMe.com through an Internet access provider
or other third party service.  In addition, you are
responsible for any fees or charges associated with
cellular text messagin
g.


       b.     Organizations: Participating
Clubs agree to pay the Subscription Fees incurred in
connection with the services provided by StatusMe.com at
the rates in effect when the charges are incurred.
Subscription Fees are billed at the beginning of your
subscription or subsequent renewal. All fees and
charges are nonrefundable
. StatusMe.com may
change the fees and charges at anytime, without notice,
for future renewals or purchases. You are responsible
for any fees or charges incurred to access StatusMe.com
through an Internet access provider or other third party
service. 


       c.     Renewals: Subscriptions for
Participating Clubs will not automatically
renew.  Each organization must renew their subscription
in order to continue using StatusMe.com services before
the current subscription expires.


5.     Limitations on Use.

       a.     Only one user may access
StatusMe.com at the same time using the same user name
or password, unless agreed otherwise by StatusMe.com. 
You are responsible for maintaining the confidentiality
of your password and account information.  You are
responsible for all activities that occur in your
account and you agree to notify StatusMe.com immediately
of any unauthorized account use.  StatusMe.com is not
responsible for any loss that you may incur as a result
of any unauthorized use of your user account and
password.


       b.     The content available through
StatusMe.com is our property or the property of our
licensors and is protected by copyright and other
intellectual property laws. You may display or print the
content available through StatusMe.com for your
personal, non-commercial use only. You agree not to
sell, publish, distribute, retransmit or otherwise
provide access to the content received through
StatusMe.com to anyone. You may not attempt to, in
conjunction with, any device, software program or
service, circumvent technological measures employed to
control access to, or the rights in the subscription
service.


       c.     You agree not to use StatusMe.com
for any unlawful purpose. We reserve the right to
terminate or restrict your access to StatusMe.com if, in
our opinion, your use of StatusMe.com may violate any
laws, infringe upon another person’s rights or violate
the terms of this Agreement. In addition to any other
remedies available in equity or law to StatusMe.com,
failure to comply with any of the terms and conditions
in this Subscriber Agreement shall immediately terminate
this Agreement and your ability to use the service. 
Also, we may refuse to grant you a user name that
impersonates someone else, is protected by trademark or
other proprietary right law, or is vulgar or otherwise
offensive, as deemed solely by StatusMe.com.


6
.     We
may link to, or promote, web sites or services from
other companies on StatusMe.com or offer you the ability
to download software from other companies. You agree
that we are not responsible for, and do not control,
those web sites, services and software.


7
.     DISCLAIMERS
OF WARRANTIES AND LIMITATIONS ON LIABILITY.

YOU AGREE THAT YOUR ACCESS TO AND USE OF STATUSME.COM
AND THE CONTENT AVAILABLE THROUGH STATUSME.COM IS ON AN
"AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY
DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY,
CAPABILITY, OR USE FOR A PARTICULAR PURPOSE. YOU
UNDERSTAND THE SITE MAY BE DOWN FOR SHORT PERIODS OF
TIME FOR UNEXPECTED REASONS AND FOR ROUTINE SYSTEM
MAINTENANCE.

STATUSME, LLC AND ANY AFFILIATES, SHAREHOLDERS, MEMBERS,
DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (�THE
STATUSME PARTIES�) WILL NOT BE LIABLE (JOINTLY OR
SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF
YOUR ACCESS OR USE OF STATUSME.COM OR INFORMATION
PROVIDED BY STATUSME.COM FOR INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES,
WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT,
CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF
THE STATUSME, LLC PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE
EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN
ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE
AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE
UNENFORCEABLE, THEN THE STATUSME, LLC PARTIES’ LIABILITY
WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED
BY APPLICABLE LAW. 


8.     Termination.

Upon
termination of StatusMe services by the Organization,
the Organization agrees to notify subscribers that the
StatusMe service is being terminated.  Upon
inactivation of the club in StatusMe, StatusMe
administrators will use the StatusMe system to notify
subscribers of service termination.

9.     General.
This Agreement contains the final and entire agreement
between us regarding your use of StatusMe.com and
supersedes all previous and contemporaneous verbal or
written negotiations, understandings, or agreements
regarding your use of StatusMe.com. We may discontinue
or change StatusMe.com, or its availability to you, at
any time. This Agreement is personal to you, which means
that you may not assign your rights or obligations under
this Agreement to anyone. No third party is a
beneficiary of this Agreement. You agree that this
Agreement, as well as any and all claims arising from
this Agreement will be governed by and construed in
accordance with the laws of the State of Georgia, United
States of America applicable to contracts made entirely
within Georgia and wholly performed in Georgia, without
regard to any conflict or choice of law principles. The
sole jurisdiction and venue for any litigation arising
out of this Agreement will be an appropriate federal or
state court located in Georgia. This Agreement will not
be governed by the United Nations Convention on
Contracts for the International Sale of Goods.

10.     Additional
Terms and Notices.

StatusMe and StatusMe.com are trademarks or service
marks of StatusMe, LLC