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VisibleAthlete.com Terms of Use

Last updated: March 26, 2002

AGREEMENT BETWEEN YOU AND VISIBLEATHLETE.COM, LLC
The VisibleAthlete.com website is made up of various Web pages operated by the VisibleAthlete.com, LLC, 12027 Cross Country Ct., Fishers, Indiana 46038 (collectively, the "VA Web Site"). This Terms of Use and Notices applies to the VA Web Site and does not apply to the content of third parties.

The VA Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the VA Web Site constitutes your agreement to all such terms, conditions, and notices.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If the VA Web Site, or any product or service offered on the VA Web Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify VisibleAthlete.com immediately of any unauthorized use of your account or any other breach of security. VisibleAthlete.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

VisibleAthlete.com reserves the right to change the terms, conditions, and notices under which the VA Web Site is offered, including but not limited to the charges associated with the use of the VA Web Site. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the VA Web Site constitutes your agreement to all such terms, conditions, and notices.

LINKS TO THIRD PARTY SITES

The VA Web Site may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of VisibleAthlete.com and VisibleAthlete.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VisibleAhtlete.com is not responsible for webcasting or any other form of transmission received from any Linked Site nor is VisibleAthlete.com responsible if the Linked Site is not working appropriately. VisibleAthlete.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VisibleAthlete.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the VA Web Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. VisibleAthlete.com shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the VA Web Site, you will not use the VA Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the VA Web Site in any manner that could damage, disable, overburden, or impair any VA Web Site service (or the network(s) connected to any VA Web Site) or interfere with any other party's use and enjoyment of any VA Web Site. You may not attempt to gain unauthorized access to any VA Web Site, other accounts, computer systems or networks connected to any VA Web Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the VA Web Site.

USE OF SERVICES

The VA Web Site may contain e-mail services, chat areas, news groups, forums, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which is made available through the VA Web Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Use of meta tag searches on the web sites.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of VisibleAthete.com or other user or usage information or any portion thereof.

VisibleAthlete.com has no obligation to monitor the Communication Services. However, VisibleAthlete.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. VisibleAthlete.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

VisibleAthlete.com reserves the right at all times to disclose any information as VisibleAthlete.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in VisibleAthlete.com's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. VisibleAthlete.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, VisibleAthlete.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized VisibleAthlete.com spokespersons, and their views do not necessarily reflect those of VisibleAthlete.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE VA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE VA WEB SITE AND TO THE INFORMATION THEREIN. VISIBLEATHLETE.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE VA WEB SITE AT ANY TIME.

VISIBLEATHLETE.COM, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE VA WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. VISIBLEATHLETE.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT VISIBLEATHLETE.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE VA WEB SITE. YOU SPECIFICALLY AGREE THAT VISIBLEATHLETE.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY. YOU SPECIFICALLY AGREE THAT VISIBLEATHLETE.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN VA WEB SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL VISIBLEATHLETE.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE VA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE VA WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VA WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VISIBLEATHLETE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VA WEB SITE.

GENERAL

This agreement is governed by the laws of the State of Indiana, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Hamilton County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the VA Web Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VisibleAthlete.com as a result of this agreement or use of the VA Web Site. You agree to indemnify and hold VisibleAthlete.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the VA Web Site. VisibleAthlete.com reserves the right to disclose any personal information about you or your use of the VA Web Site, including its contents, without your prior permission if VisibleAthlete.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of VisibleAthlete.com or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. VisibleAthlete.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VisibleAthlete.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the VA Web Site or information provided to or gathered by VisibleAthlete.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VisibleAthlete.com with respect to the VA Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VisibleAthlete.com with respect to the VA Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.