Terms and Conditions

This page states the "Terms and Conditions" under which you may use Member Manager. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this website and service. By using this website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Member Manager, LLC. (the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason. The terms "Member Manager" and "membermanager.net" refer to Member Manager, LLC and its websites.

Use of Website Content

The Company authorizes You to view and access the content available on or from membermanager.net (the "Website") solely for your personal, noncommercial use.

The contents of this Website, and of all other websites under the Company's control, whether partial or otherwise (the website and such other websites are sometimes collectively referred to as "Member Manager Websites") such as text, graphics, images, logos, button icons, software and other Website content (collectively, "Website Content"), are protected under both United States and foreign copyright, trademark and other laws. All Website Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Website Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Website Content on any copy You make of the Website Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose. The use of the Website Content on any other website or in a networked computer environment for any purpose other than that of your organization is prohibited.

You shall not copy or adapt the HTML code that the Company creates to generate any Website Content or the pages making up any Member Manager Website. It is also protected by the Company's copyright.

Acceptable Website Use

General Rules: Users may not use any Member Manager Website in order to transmit, distribute, store or destroy material, including without limitation Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Member Manager Website Security Rules

Users are prohibited from violating or attempting to violate the security of any Member Manager Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Member Manager Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses

Member Manager Websites may be used only for lawful purposes by individuals belonging to the organization subscribing to Member Manager. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any of the following:

Posting any incomplete, false or inaccurate information.

Using the Member Manager Database for any purpose other than as a member of subscribing organization, including but not limited to using the information in the Database to sell or promote any products or services.

Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of a Member Manager Website.

Deleting or revising any material posted by any other person or entity except by the designated administrator of the organization who may remove a user as a part of managing the organization's member data.

Using any device, software or routine to interfere or attempt to interfere with the proper working of any Member Manager Website or any activity being conducted on this website.

Taking any action that imposes an unreasonable or disproportionately large load on any Member Manager Website's infrastructure.

If You have a password allowing access to a Member Manager Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Member Manager Website other than the search engine and search agents available from the Company on such Member Manager Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Member Manager Website.

User Information.

When You register for a Member Manager Website, You will provide certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Website, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information.

User Submissions.

As a user, You are responsible for your own information and are responsible for the consequences of their posting. You must not, and by using any Member Manager Website You agree not to, do the following things: post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless You own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post material that is off-topic for your organization; post a sexually explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting information to any public or non-public area of any Member Manager Website, You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any member of your organization to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.

We appreciate hearing from our customers and welcome your comments regarding our services and the Member Manager Websites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your information, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your information or password.

Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement

If You believe that your copyrighted work has been uploaded, posted or copied to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us via email to notification@membermanager.net with the following information:

The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;

Identification of the URL or other specific location on this website where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;

Your name, address, telephone number and, if You have one, your e-mail address;

A statement by You that You have a good faith belief that use on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.

The Company's Liability

Member Manager.com is only a venue. This Website acts as a venue for organization members to post information for their organization and does not screen or censor the information offered. The Company is not involved in the actual operation of the club. As a result, the Company has no control over the quality, safety or legality of the information posted or the truth or accuracy of the listings. In addition, note that there are risks, including but not limited to identity theft. You assume all risks associated with dealing with other users with whom You come in contact through the Website and/or the other Member Manager Websites.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Member Manager Website, in the event that You have a dispute with one or more users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

We are under no legal obligation to, and generally do not, control the information provided by other users that is made available through the Website and/or the other Member Manager Websites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.

We expect that You will use caution and common sense when using this Website and/or the other Member Manager Websites.

The Website Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Member Manager Website or the Website Content. The use of Member Manager Websites and the Website Content is at your own risk. Changes are periodically made to Member Manager Websites and may be made at any time.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any information placed by You on the Member Manager Websites.

THE COMPANY DOES NOT WARRANT THAT ANY MEMBER MANAGER WEBSITE WILL OPERATE ERROR-FREE OR THAT ANY MEMBER MANAGER WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MEMBER MANAGER WEBSITE OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE MEMBER MANAGER WEBSITES AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY MEMBER MANAGER WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY MEMBER MANAGER WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any Member Manager Website.

LIMITATION OF LIABILITY

MEMBER MANAGER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY MEMBER MANAGER WEBSITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Termination.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information and/or your organization from this Website and the other Member Manager Websites and immediate termination of your registration with or ability to access this Website and the other Member Manager Websites and/or any other service provided to You by the Company, upon any breach by You of these Terms and Conditions or if the Company is unable to verify or authenticate any information You submit to the Website or other Member Manager Website registration.

Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any information or material You provide to a Member Manager Website, (ii) any Website Content that You use or (iii) your breach of the terms of these Terms and Conditions. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at your expense, in defending any such claim, suit or proceeding.

General.

The Company makes no claims that the Website Content may be lawfully viewed or accessed outside of the United States. Access to the Website Content may not be legal by certain persons or in certain countries. If You access the Website from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the state of Washington, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Kitsap county, Washington. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between You and the Company with respect to the use of Website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.