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StatusConnection™ Membership Agreement

 

Last Updated July 4, 2007

StatusConnection Incorporated (“SCI”) provides its services subject to this Membership Agreement (“Agreement”) containing the terms set out below. Collectively, these are the “Terms of Service,” “Terms,” or “TOS.” SCI reserves the right to modify the Agreement at any time, without prior notice, by posting amended Terms on this website. Continued use of SCI services indicates your acceptance of all Terms as so modified or amended.

DESCRIPTION OF SERVICE

StatusConnection™ provides cutting-edge opportunities for business professionals to network and generate business. In return for a monthly fee, SCI will provide you with face-to-face networking opportunities and access to StatusConnection™ online services. Additionally, as a StatusConnection™ member, you may have opportunities to be involved with new and exciting opportunities as they are developed, including sponsorship and partnership endeavors and StatusConnection: The Magazine™.

MEMBERSHIP ELIGIBILITY

StatusConnection™ services are not available to minors under the age of 18 or to any users suspended or removed from StatusConnection™ by SCI for any reason. Individual members may not have more than one active account. Additionally, members are prohibited from selling, trading, or otherwise transferring StatusConnection™ membership to another party. If you do not qualify, you may not use StatusConnection™ online services or attend StatusConnection™ events.

USE OF SERVICE

All use of SCI services is governed by this Agreement. SCI may refuse service to any member, without prior notice and for any or no reason. You are responsible for the confidentiality of your username and password. You are fully responsible for all activities conducted under your username and password, whether or not such activities are conducted with your knowledge. You agree to immediately notify SCI of any unauthorized use of your username or password or any other breach of security.

If you knowingly provide your username and password to another party, your access to SCI services may be suspended or terminated, and you will be liable for any resulting loss or damages incurred by SCI. SCI is not liable for any loss or damage resulting from your failure to comply with this section.

You understand and agree not to use StatusConnection™ to:

• Initiate communications, post content, or otherwise disseminate information that is unlawful, fraudulent, misleading, libelous, abusive, harassing, or discriminatory.

• Engage in any illegal activity, including but not limited to conspiring to violate laws.

• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions or qualifications, or your affiliations with a person or entity, past or present.

• Post, upload, email, transmit, communicate or otherwise make available information you do not have the right to disclose or make available, under any law, contract, or confidential relationship (including but not limited to legally privileged relationships or those subject to nondisclosure agreements).

• Post, upload, email, transmit, communicate, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. This prohibition includes but is not limited to using StatusConnection™ invitations to send messages to people who you do not know or who are unlikely to recognize you a s a known contact; sending unsolicited and/or unwanted promotional messages to other StatusConnection™ members; and sending messages to distribution lists, newsroom aliases, or group aliases.

• Post, upload, email, transmit, communicate, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit functionality of any computer software or hardware or telecommunications equipment.

• Stalk or harass anyone.

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through StatusConnection™.

• Interfere with or disrupt in any way StatusConnection™ services or servers or networks connected to StatusConnection™, or disobey any requirements, procedures, polices, or regulations of networks connected to StatusConnection™.

TERMINATION OF MEMBERSHIP

You agree that SCI may, with or without cause, immediately terminate your membership and access to SCI services without prior notice. Grounds for termination of membership include but are not limited to (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (d) extended periods of inactivity. Termination of your StatusConnection™ membership includes removal of access to all offerings within StatusConnection™ and may also bar you from further use of StatusConnection™. You agree that all terminations shall be made in SCI’s sole discretion and that SCI shall not be liable to you nor any third-party for any termination of your account or access SCI services.

FEES AND CREDIT CARD AUTHORIZATION

By accepting this Agreement, you authorize SCI to collect your membership fees by charging the credit or debit card you have designated. SCI will collect these fees monthly and upon each such collection, you will be authorized to use SCI services for one month. Once you have accepted this Agreement, the membership fee will be collected automatically at intervals of approximately 30 days. SCI reserves the right to change the amount of the membership fee at any time and give existing members 30-days’ notice of any increases in membership fees. In the event that your membership is terminated by SCI at any time at SCI’s discretion, no additional fees will be collected.

All membership agreements exist on a month-to-month basis. Members may cancel registration in writing (e.g. by letter or email) without stating a reason. In the event that you cancel your membership, you will not be entitled to a refund of any fees collected, but SCI will not charge you any additional fees. WHEN YOU CANCEL YOUR ACCOUNT, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE. SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT AFTER RECEIPT OF YOUR CANCELLATION WILL BE REFUNDED.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INFORMATION PROVIDED BY MEMBERS

You understand that by posting materials on the StatusConnection™ website or otherwise providing information with the intent of sharing it with the StatusConnection™ network, you are granting to SCI a royalty-free, perpetual, irrevocable license to use this information in the course of offering SCI services. Furthermore, you understand that SCI retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through SCI is the sole responsibility of the person from which such content originated and that SCI will not be liable for any errors or omissions in any content. You understand that SCI cannot guarantee the identity of any other users with whom you may interact in the course of using StatusConnection™. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

Additionally, StatusConnection™ may allow members to create and/or update their own Profile. Any information provided by a user to be part of his or her Profile will be available to the public as part of SCI’s services. Members who create and/or update their own Profile can change or delete any information they provide if they choose to do so. Please use caution when posting personal identifiable information.

PRIVACY

Through SCI services, and through other contact with SCI, SCI may collect personal information and data including, but not limited to, application and web site usage data, viewing data, file transfer and e-mail data, and personal contact information such as e-mail addresses, mailing addresses and phone numbers. Additionally, SCI applications and web sites may use technological facilities for tagging and tracking including, but not limited to web cookies, login usernames and other technologies to track and correlate data.

SCI does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

• we provide the information to trusted partners who work on behalf of or with SCI. These companies may use your personal information to help SCI communicate with you about offers from SCI and our marketing partners. However, we do not grant these companies any independent right to share this information.

• information posted to public areas of SCI, such as the Message Boards, Guestbooks, Home Pages, etc., may be accessed by other people and nonaffiliated companies.

• we may separately receive information about you which we make accessible to others from sources other than you, including without limitation, directories.

• we respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;

• we believe it may be necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of SCI’s Terms, or as otherwise required by law.

• we transfer information about you if SCI services are transferred to, acquired by or merged with another company.

We will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy. However, because we are continually developing additional features and beta versions of our online services, we are not liable for any inadvertent or good-faith violations of this policy. As such, we welcome user feedback on any privacy concerns you may have. In light of the above and because of the complex and constantly changing nature of our technology and business, SCI does not guarantee error-free performance under this privacy policy. SCI shall not be liable for any incidental, consequential or punitive damages relating to this privacy policy.

This policy may change from time to time, and any changes are binding on you. We encourage you to visit this site from time to time to review the most updated policies.

Once you have signed up as a StatusConnection™ member subject to this Agreement, any personal data collected by SCI during your membership will remain the property of SCI even upon termination or cancellation of your membership by you or SCI. I.

MEMBERSHIP IN STATUSCONNECTION™ AND USE OF SCI SERVICES IS CONTINGENT UPON ACCEPTANCE OF THIS PRIVACY POLICY AND ALL OF THE TERMS IN IT.

MONITORING AND ENFORCEMENT

While we have the right to monitor activity and content associated with our services, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact us via the contact information below to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating memberships and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT SCI SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT SCI DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. SCI ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. SCI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SCI MAKES NO WARRANTY THAT (i) SCI SERVICES WILL MEET YOUR REQUIREMENTS, (ii) SCI SERVUCES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SCI SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SCI SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SCI SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCI OR THROUGH OR FROM SCI SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

INDEMNIFICATION

By accepting this Agreement, you agree to indemnify and otherwise hold harmless SCI, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of SCI services; ii) unauthorized access to or alteration of your communications with or through SCI services, or iii) any other matter relating to SCI services. Any business transactions which may arise between users from their use of SCI servivrd are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that SCI may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of SCI, its members, and the public.

ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between you and SCI and governs your use of SCI services, superseding any prior agreements between you and SCI.

GOVERNING LAW

This Agreement between you and SCI will be governed by and construed in accordance with the laws of the State of Kansas without regard to conflict of laws principles.

INTELLECTUAL PROPERTY

SCI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact SCI as set forth below.

SCI respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. You should be aware that some files may have been created or distributed without copyright owner authorization. As a condition to your membership with StatusConnection™, you agree that you will not use SCI services to infringe the intellectual property rights of others in any way. SCI has the right to terminate your membership if you infringe the copyrights or other intellectual property rights of others.

In accordance with the U.S. Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), SCI will respond expeditiously to claims of copyright infringement committed using SCI services that are reported to SCI's "Designated Copyright Agent" identified below.

Claims of infringement should be in writing and should be directed to SCI’s designated agent as specified below. Please include the following information:

• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the site;

• Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

SCI’s s Designated Agent for Notice of claims of copyright infringement:

James Calvert

DD 315 Bristol Terr.

Lawrence, KS 66049

Telephone: 415-235-7955

Email: jcalvert@statusconnection.com

GENERAL INFORMATION

StatusConnection, SCI, Status Connection: The Magazine and other SCI logos and names are trademarks of SCI. You agree not to display or use these trademarks in any manner without SCI’s prior, written permission. The section titles of this Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:

jcalvert@statusconnection.com.