Terms of service

Last updated 12/17/2023

AGREEMENT TO TERMS

These Terms and
Conditions constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you") and Christian Boat Club ("we,"
"us" or "our"), concerning your access to and use of the ChristianBoatClub.com
website as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto
(collectively, the "Site").

You agree that by
accessing the Site, you have read, understood, and agree to be bound by all of
these Terms and Conditions. If you do not agree with all of these Terms and
Conditions, then you are expressly prohibited from using the Site and you must
discontinue use immediately.

Supplemental terms
and conditions or documents that may be posted on the Site from time to time
are hereby expressly incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to these Terms and Conditions
at any time and for any reason.

We will alert you
about any changes by updating the "Last updated" date of these Terms
and Conditions, and you waive any right to receive specific notice of each such
change.

It is your
responsibility to periodically review these Terms and Conditions to stay
informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms and
Conditions by your continued use of the Site after the date such revised Terms
and Conditions are posted.

The information
provided on the Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country.

Accordingly, those
persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.

[The Site is
intended for users who are at least 13 years of age.] All users who are minors
in the jurisdiction in which they reside (generally under the age of 18) must
have the permission of, and be directly supervised by, their parent or guardian
to use the Site. If you are a minor, you must have your parent or guardian read
and agree to these Terms and Conditions prior to you using the Site.

INTELLECTUAL
PROPERTY RIGHTS

Unless otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the "Content") and the trademarks,
service marks, and logos contained therein (the "Marks") are owned or
controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, foreign jurisdictions, and international
conventions.

The Content and the
Marks are provided on the Site "AS IS" for your information and
personal use only. Except as expressly provided in these Terms and Conditions,
no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.

Provided that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the
Content and the Marks.

USER REPRESENTATIONS

By using the Site,
you represent and warrant that:

[(1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary;]

(3) you have the
legal capacity and you agree to comply with these Terms and Conditions;

[(4) you are not
under the age of 13;]

(5) not a minor in
the jurisdiction in which you reside [, or if a minor, you have received
parental permission to use the Site];

(6) you will not
access the Site through automated or non-human means, whether through a bot,
script, or otherwise;

(7) you will not use
the Site for any illegal or unauthorized purpose;

(8) your use of the
Site will not violate any applicable law or regulation.

If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required
to register with the Site. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select if we determine, in
our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.

PROHIBITED
ACTIVITIES

You may not access
or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.

As a user of the
Site, you agree not to:

systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.

make any
unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.

use a buying agent
or purchasing agent to make purchases on the Site.

use the Site to
advertise or offer to sell goods and services.

circumvent, disable,
or otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.

engage in
unauthorized framing of or linking to the Site.

trick, defraud, or
mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords;

make improper use of
our support services or submit false reports of abuse or misconduct.

engage in any
automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.

interfere with,
disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.

attempt to
impersonate another user or person or use the username of another user.

sell or otherwise
transfer your profile.

use any information
obtained from the Site in order to harass, abuse, or harm another person.

use the Site as part
of any effort to compete with us or otherwise use the Site and/or the Content
for any revenue-generating endeavor or commercial enterprise.

decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site.

attempt to bypass
any measures of the Site designed to prevent or restrict access to the Site, or
any portion of the Site.

harass, annoy,
intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site to you.

delete the copyright
or other proprietary rights notice from any Content.

copy or adapt the
Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.

upload or transmit
(or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party's uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Site.

upload or transmit
(or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats ("gifs"), 1√ó1 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or
"pcms").

except as may be the
result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other software.

disparage, tarnish,
or otherwise harm, in our opinion, us and/or the Site.

use the Site in a
manner inconsistent with any applicable laws or regulations.

[other]

USER GENERATED
CONTRIBUTIONS

The Site may invite
you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively,
"Contributions").

Contributions may be
viewable by other users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:

the creation,
distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.

you are the creator
and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site
to use your Contributions in any manner contemplated by the Site and these Terms
and Conditions.

you have the written
consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions
in any manner contemplated by the Site and these Terms and Conditions.

your Contributions
are not false, inaccurate, or misleading.

your Contributions
are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.

your Contributions
are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).

your Contributions
do not ridicule, mock, disparage, intimidate, or abuse anyone.

your Contributions
do not advocate the violent overthrow of any government or incite, encourage,
or threaten physical harm against another.

your Contributions
do not violate any applicable law, regulation, or rule.

your Contributions
do not violate the privacy or publicity rights of any third party.

your Contributions
do not contain any material that solicits personal information from anyone
under the age of 18 or exploits people under the age of 18 in a sexual or
violent manner.

your Contributions
do not violate any federal or state law concerning child pornography, or
otherwise intended to protect the health or well-being of minors;

your Contributions
do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.

your Contributions
do not otherwise violate, or link to material that violates, any provision of
these Terms and Conditions, or any applicable law or regulation.

Any use of the Site
in violation of the foregoing violates these Terms and Conditions and may
result in, among other things, termination or suspension of your rights to use
the Site.

CONTRIBUTION LICENSE

By posting your
Contributions to any part of the Site [or making Contributions accessible to
the Site by linking your account from the Site to any of your social networking
accounts], you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for
any purpose, commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur in
any media formats and through any media channels.

This license will
apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.

We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area on the Site.

You are solely
responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.

We have the right,
in our sole and absolute discretion, (1) to edit, redact, or otherwise change
any Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any Contributions
at any time and for any reason, without notice. We have no obligation to
monitor your Contributions.

GUIDELINES FOR
REVIEWS

We may provide you
areas on the Site to leave reviews or ratings. When posting a review, you must
comply with the following criteria:

(1) you should have
firsthand experience with the person/entity being reviewed;

(2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or hate
language;

(3) your reviews
should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability;

(4) your reviews
should not contain references to illegal activity;

(5) you should not
be affiliated with competitors if posting negative reviews;

(6) you should not
make any conclusions as to the legality of conduct;

(7) you may not post
any false or misleading statements;

(8) you may not
organize a campaign encouraging others to post reviews, whether positive or
negative.

We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners.

We do not assume
liability for any review or for any claims, liabilities, or losses resulting
from any review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION
LICENSE

Use License

If you access the
Site via a mobile application, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you, and to access and use
the mobile application on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these Terms and
Conditions.

You shall not:

(1) decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt
the application;

(2) make any
modification, adaptation, improvement, enhancement, translation, or derivative
work from the application;

(3) violate any
applicable laws, rules, or regulations in connection with your access or use of
the application;

(4) remove, alter,
or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the application;

(5) use the
application for any revenue generating endeavor, commercial enterprise, or
other purpose for which it is not designed or intended;

(6) make the
application available over a network or other environment permitting access or
use by multiple devices or users at the same time;

(7) use the
application for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the application;

(8) use the
application to send automated queries to any website or to send any unsolicited
commercial e-mail;

(9) use any
proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of
any applications, accessories, or devices for use with the application.

Apple and Android
Devices

The following terms
apply when you use a mobile application obtained from either the Apple Store or
Google Play (each an "App Distributor") to access the Site:

(1) the license
granted to you for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in accordance with the usage
rules set forth in the applicable App Distributor's terms and conditions;

(2) we are
responsible for providing any maintenance and support services with respect to
the mobile application as specified in the terms and conditions of this mobile
application license contained in these Terms and Conditions or as otherwise
required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services
with respect to the mobile application;

(3) in the event of
any failure of the mobile application to conform to any applicable warranty,
you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any,
paid for the mobile application, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application;

(4) you represent
and warrant that (i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government as a
"terrorist supporting" country and (ii) you are not listed on any
U.S. government list of prohibited or restricted parties;

(5) you must comply
with applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the mobile
application;

6) you acknowledge
and agree that the App Distributors are third-party beneficiaries of the terms
and conditions in this mobile application license contained in these Terms and
Conditions, and that each App Distributor will have the right (and will be deemed
to have accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Terms and Conditions against you as a
third-party beneficiary thereof.

SOCIAL MEDIA

As part of the
functionality of the Site, you may link your account with online accounts you
have with third-party service providers (each such account, a "Third-Party
Account") by either: (1) providing your Third-Party Account login
information through the Site; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms and conditions that govern
your use of each Third-Party Account.

You represent and
warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account.

By granting us
access to any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the "Social Network Content") so
that it is available on and through the Site via your account, including
without limitation any friend lists and (2) we may submit to and receive from
your Third-Party Account additional information to the extent you are notified
when you link your account with the Third-Party Account.

Depending on the
Third-Party Accounts you choose and subject to the privacy settings that you
have set in such Third-Party Accounts, personally identifiable information that
you post to your Third-Party Accounts may be available on and through your
account on the Site.

Please note that if
a Third-Party Account or associated service becomes unavailable or our access
to such Third-Party Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the
Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT
YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS.

We make no effort to
review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content.

You acknowledge and
agree that we may access your email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those contacts who have
also registered to use the Site.

You can deactivate
the connection between the Site and your Third-Party Account by contacting us
using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers
that was obtained through such Third-Party Account, except the username and
profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you.

You hereby waive all
moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your
Submissions.

THIRD-PARTY WEBSITES
AND CONTENT

The Site may contain
(or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties
("Third-Party Content").

Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed from the Site,
including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content.

Inclusion of,
linking to, or permitting the use or installation of any Third-Party Websites
or any Third-Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Site and access the Third-Party Websites or to
use or install any Third-Party Content, you do so at your own risk, and you
should be aware these Terms and Conditions no longer govern.

You should review
the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or relating to
any applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party.

You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.

ADVERTISERS

We allow advertisers
to display their advertisements and other information in certain areas of the
Site, such as sidebar advertisements or banner advertisements. If you are an
advertiser, you shall take full responsibility for any advertisements you place
on the Site and any services provided on the Site or products sold through
those advertisements.

Further, as an
advertiser, you warrant and represent that you possess all rights and authority
to place advertisements on the Site, including, but not limited to,
intellectual property rights, publicity rights, and contractual rights.

[As an advertiser,
you agree that such advertisements are subject to our Digital Millennium
Copyright Act ("DMCA") Notice and Policy provisions as described
below, and you understand and agree there will be no refund or other
compensation for DMCA takedown-related issues.] We simply provide the space to
place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the
right, but not the obligation, to:

(1) monitor the Site
for violations of these Terms and Conditions;

(2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Terms and Conditions, including without limitation, reporting such user
to law enforcement authorities;

(3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof;

(4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems;

(5) otherwise manage
the Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.

We care about data
privacy and security. Please review our Privacy Policy [CLICK HERE]/posted on
the Site]. By using the Site, you agree to be bound by our Privacy Policy,
which is incorporated into these Terms and Conditions. Please be advised the
Site is hosted in the United States.

If you access the
Site from the European Union, Asia, or any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United States, then through your
continued use of the Site, you are transferring your data to the United States,
and you expressly consent to have your data transferred to and processed in the
United States.

[Further, we do not
knowingly accept, request, or solicit information from children or knowingly
market to children. Therefore, in accordance with the U.S. Children's Online
Privacy Protection Act, if we receive actual knowledge that anyone under the
age of 13 has provided personal information to us without the requisite and
verifiable parental consent, we will delete that information from the Site as
quickly as is reasonably practical.]

DIGITAL MILLENNIUM
COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the
intellectual property rights of others. If you believe that any material
available on or through the Site infringes upon any copyright you own or
control, please immediately notify our Designated Copyright Agent using the
contact information provided below (a "Notification").

A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to federal law
you may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to
by the Site infringes your copyright, you should consider first contacting an
attorney.

All Notifications
should meet the requirements of DMCA 17 U.S.C. ¬ß 512(c)(3) and include the
following information:

(1) A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;

(2) identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on the Site are covered by the Notification, a representative
list of such works on the Site;

(3) identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the
material;

(4) information
reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an email address at which the
complaining party may be contacted;

(5) a statement that
the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law;

(6) a statement that
the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your
own copyrighted material has been removed from the Site as a result of a
mistake or misidentification, you may submit a written counter notification to
[us/our Designated Copyright Agent] using the contact information provided
below (a "Counter Notification").

To be an effective
Counter Notification under the DMCA, your Counter Notification must include
substantially the following:

(1) identification
of the material that has been removed or disabled and the location at which the
material appeared before it was removed or disabled;

(2) a statement that
you consent to the jurisdiction of the Federal District Court in which your
address is located, or if your address is outside the United States, for any
judicial district in which we are located;

(3) a statement that
you will accept service of process from the party that filed the Notification
or the party's agent;

(4) your name,
address, and telephone number;

(5) a statement
under penalty of perjury that you have a good faith belief that the material in
question was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled;

(6) your physical or
electronic signature.

If you send us a
valid, written Counter Notification meeting the requirements described above,
we will restore your removed or disabled material, unless we first receive
notice from the party filing the Notification informing us that such party has
filed a court action to restrain you from engaging in infringing activity
related to the material in question.

Please note that if
you materially misrepresent that the disabled or removed content was removed by
mistake or misidentification, you may be liable for damages, including costs
and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright
Agent

[Name]

Attn: Copyright
Agent

[Address]

[City, State Zip]

[email]

We respect the
intellectual property rights of others. If you believe that any material
available on or through the Site infringes upon any copyright you own or
control, please immediately notify us using the contact information provided
below (a "Notification"). A copy of your Notification will be sent to
the person who posted or stored the material addressed in the Notification.

Please be advised
that pursuant to federal law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Site infringes your copyright, you
should consider first contacting an attorney.]

TERM AND TERMINATION

These Terms and
Conditions shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND
CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.

If we terminate or
suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party.

In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.

MODIFICATIONS AND
INTERRUPTIONS

We reserve the right
to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right to modify or discontinue
all or part of the Site without notice at any time.

We will not be
liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Site.

We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors.

We reserve the right
to change, revise, update, suspend, discontinue, or otherwise modify the Site
at any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these
Terms and Conditions will be construed to obligate us to maintain and support
the Site or to supply any corrections, updates, or releases in connection
therewith.

GOVERNING LAW

These Terms and
Conditions and your use of the Site are governed by and construed in accordance
with the laws of the State of [name of state] applicable to agreements made and
to be entirely performed within the State/Commonwealth of [name of state], without
regard to its conflict of law principles.

DISPUTE RESOLUTION

Option 1: Any legal
action of whatever nature brought by either you or us (collectively, the
"Parties" and individually, a "Party") shall be commenced
or prosecuted in the state and federal courts located in [name of county]
County, [name of state], and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction and forum non conveniens with respect
to venue and jurisdiction in such state and federal courts.

Application of the
United Nations Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transaction Act (UCITA) are excluded from
these Terms and Conditions. In no event shall any claim, action, or proceeding
brought by either Party related in any way to the Site be commenced more than
______ years after the cause of action arose.

Option 2: Informal
Negotiations

To expedite
resolution and control the cost of any dispute, controversy, or claim related
to these Terms and Conditions (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least ______ days before initiating
arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.

Binding Arbitration

If the Parties are
unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively
resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration
shall be commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") and, where appropriate, the
AAA's Supplementary Procedures for Consumer Related Disputes ("AAA
Consumer Rules"), both of which are available at the AAA website
www.adr.org.

Your arbitration
fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If
such costs are determined by the arbitrator to be excessive, we will pay all
arbitration fees and expenses.]

The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in [name of county] County,
[name of state].

Except as otherwise
provided herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.

If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in [name of
county] County, [name of state], and the Parties hereby consent to, and waive
all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts.

Application of the
United Nations Convention on Contracts for the International Sale of Goods and
the the Uniform Computer Information Transaction Act (UCITA) are excluded from
these Terms and Conditions.

In no event shall
any Dispute brought by either Party related in any way to the Site be commenced
more than _____ years after the cause of action arose. If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.

Option 3: Binding
Arbitration

To expedite
resolution and control the cost of any dispute, controversy or claim related to
these Terms and Conditions (each a "Dispute" and collectively,
"Disputes"), any Dispute brought by either you or us (individually, a
"Party" and collectively, the "Parties") shall be finally
and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA's Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the AAA website www.adr.org.

Your arbitration
fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If
such costs are determined to by the arbitrator to be excessive, we will pay all
arbitration fees and expenses.]

The arbitration may
be conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so.

Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in [name of county] County, [name of state]. Except
as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in [name of
county] County, [name of state], and the Parties hereby consent to, and waive
all defenses of lack of, personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts.

Application of the
United Nations Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transaction Act (UCITA) are excluded from
these Terms and Conditions. In no event shall any Dispute brought by either
Party related in any way to the Site or Services be commenced more than ______
years after the cause of action arose.

If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.

Option 2/Option 3:
Restrictions

The Parties agree
that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.

Option 2/Option 3:
Exceptions to [Informal Negotiations and] Arbitration

The Parties agree
that the following Disputes are not subject to the above provisions concerning
[informal negotiations and] binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief.

CORRECTIONS

There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Site, including descriptions, pricing,
availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information
on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF
LIABILITY

IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

[NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
[_________] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR]
[$_________]. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]

INDEMNIFICATION

You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable
attorneys' fees and expenses, made by any third party due to or arising out of:
(1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and
Conditions; (4) any breach of your representations and warranties set forth in
these Terms and Conditions; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of the Site with whom you connected via the
Site.

Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain
certain data that you transmit to the Site for the purpose of managing the
Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using the
Site.

You agree that we
shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss or
corruption of such data.

ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site,
sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing.

YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.

CALIFORNIA USERS AND
RESIDENTS

If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.

MISCELLANEOUS

These Terms and
Conditions and any policies or operating rules posted by us on the Site
constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these Terms and
Conditions shall not operate as a waiver of such right or provision.

These Terms and
Conditions operate to the fullest extent permissible by law. We may assign any
or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control.

If any provision or
part of a provision of these Terms and Conditions is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms and Conditions and does not affect the validity and
enforceability of any remaining provisions.

There is no joint
venture, partnership, employment or agency relationship created between you and
us as a result of these Terms and Conditions or use of the Site. You agree that
these Terms and Conditions will not be construed against us by virtue of having
drafted them.

You hereby waive any
and all defenses you may have based on the electronic form of these Terms and
Conditions and the lack of signing by the parties hereto to execute these Terms
and Conditions.