USE AGREEMENT FOR StatusMe

THIS AGREEMENT WAS LAST UPDATED ON JUNE 24, 2006.

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 messaging.

       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.