Terms of Service

Thank you for registering to use the YourSiteMate website running on YourSiteMate. By accessing or using this website, you agree that you have read, understand and consent to be bound by these Terms of Service and that you are 13 years or older. YourSiteMate, which is developed, owned and supported by BullFrog Software, Inc., reserves the right, at our sole discretion, to change, modify or otherwise alter these TOS at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself aware of any changes. You can find the most recent version of the TOS at the YourSiteMate website.

Use of our Services

As a condition of your use of the YourSiteMate website, you warrant to YourSiteMate and YourSiteMate that you will not use the YourSiteMatewebsite for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the YourSiteMate website in any manner which could damage, disable, overburden, or impair the YourSiteMate website or interfere with any other party's use and enjoyment of the YourSiteMate website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the YourSiteMate website. You agree to use this website only for lawful purposes related to your membership or possible membership in YourSiteMate or related to your pursuit of the activities supported by YourSiteMate. You agree that you will NOT use our services to:

Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable according to the community standards of YourSiteMate.

Violate the legal rights of others (including their right to privacy), or violate the laws of any jurisdiction.

Impersonate any person or entity, including, but not limited to, a YourSiteMate or YourSiteMate administrator, or misrepresent your affiliation with a person or entity.

Upload or otherwise transmit data that you do not have the legal right to upload or transmit, that violates any patent, trademark, trade secret, or copyright, or that contains a virus or deliberately corrupted data. You acknowledge that you have full rights to transmit the data that you upload or post, and you accept full responsibility for its legality, reliability and appropriateness.

Harvest or collect information about others (including contact information and e-mail addresses) without their consent.

Upload, store, maintain, forward or display adult content, including documents and images of a lewd or lascivious nature. All users share responsibility for ensuring that content is appropriate.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the services offered by the website.

Violate any code of conduct or other guidelines which may be applicable for any particular service.

Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website or the YourSiteMate platform, or which, as determined by YourSiteMate or YourSiteMate, may harm YourSiteMate or YourSiteMate or users of the website, or expose them to liability.

The administrators of YourSiteMate or YourSiteMate reserve the right to remove any information or material from the website, without explanation, which we determine, at our sole discretion, to be incompatible with the above restrictions, including anything that we believe, through our own research or notification by others to be inappropriate.

Monitoring for violations of these TOS will be performed on a “best-effort” basis. Neither the administrators of YourSiteMate and/or YourSiteMate can review all material that is posted to the YourSiteMate website, nor guarantee that objectionable material is immediately removed. Therefore YourSiteMate and YourSiteMate are not responsible for and do not assume liability for any action or inaction regarding such material uploaded to the website or indeed, for the content itself.

Communication Services

The YourSiteMate website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

YourSiteMate and YourSiteMate reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

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

Always use caution when giving out any personally identifying information about yourself or your children in any communication service. YourSiteMate and YourSiteMate does not control or endorse the content, messages or information found in any of the Communication Services and therefore, YourSiteMate and YourSiteMate specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

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

Online Payments and Refunds

Funds collected by YourSiteMate into a YourSiteMate merchant account or a YourSiteMate ecommerce payment provider (Paypal, Google, etc..) account will be sent in regular intervals to YourSiteMate in accordance with contract and law, less YourSiteMate’s processing and handling fee. All payments are the exclusive property of YourSiteMate and the YourSiteMate officers designated to receive the payment.

YourSiteMate and its parent company (BullFrog Software, Inc.) are not responsible for any refunds or the support, communication and facilitation of refunds for products, services or donations remitted to YourSiteMate.

Collection of funds for any service or product prohibited by law is strictly forbidden.

Account Terms and Security

If you are a member of the YourSiteMate and a registered user of this website, you will receive a user name and password which is used to log into your account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your account. You must log out of the account at the end of each session especially if you are accessing this website from a shared computer. If you suspect that your account has been compromised in any way, you must notify YourSiteMate or YourSiteMate immediately. Neither YourSiteMate or YourSiteMate will be liable for any loss or damage arising from your failure to comply with the provisions in this section.

Privacy

YourSiteMate and YourSiteMate’s collection, storage and use of your personal information is described in the Privacy Policy. You can access the privacy policy at the YourSiteMate website.

You acknowledge that YourSiteMate and YourSiteMate may release personal information when required to do so by law, by a court of competent authority, to enforce these Terms of Service, or to protect the employees or officers of YourSiteMate, YourSiteMate, or other users of this website.

Events

Information about events are reviewed and posted on the website by the YourSiteMate and YourSiteMate. YourSiteMate and YourSiteMate will not be liable for any errors or omissions relating to Events or information associated with events. You also agree not to hold responsible YourSiteMate or YourSiteMate for any liability or injury arising from or related to your participation in such events.

Materials Provided to YourSiteMate or Posted to the YourSiteMate Website

YourSiteMate and YourSiteMate do not claim ownership of the materials you provide to YourSiteMate (including feedback and suggestions) or post, upload, input or submit to the YourSiteMate website (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting YourSiteMate, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. YourSiteMate and YourSiteMate is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at YourSiteMate YourSiteMate's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights including but not limited to trademarks, copyrights, licenses and other intellectual property rights, to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Copyright of Content

YourSiteMate and YourSiteMate are not liable for violations of US and international laws regarding copyrights and trademarks for content posted on the YourSiteMate website. You agree that all messages and information that you post to this website become the property of YourSiteMate and may be used as it sees fit.

The organization of YourSiteMate website, including its logos, tag lines, templates, graphic themes, screen organization, forms, interactivity, database structures and software programming, is copyrighted by YourSiteMate and its parent company BullFrog Software, Inc. and is likewise protected by US and international laws regarding copyrights, trademarks and intellectual property rights.

You are authorized to use this information as a member or prospective member of YourSiteMate. You may not use this information to create competing or derivative works, nor may you distribute it to others as if it were your own. You are not permitted to reproduce, sell or use this information for any commercial purposes without both YourSiteMate’s and YourSiteMate’s written permission. You are also not permitted to resell or otherwise distribute the products and services provided by YourSiteMate without BullFrog Software, Inc.'s written permission.

This website may provide a facility which allows you to upload photos of events or activities, and which allows other members to reproduce these photos for their own enjoyment but not for commercial purposes. When you upload a photo to the website, you agree to allow such non-commercial reproduction. When you download a photo from this website, you agree that you will not use it for commercial purposes without first obtaining permission from the person who uploaded it.

Registered Trademarks

Any and all logos, slogans, or tag lines used in this website which are registered trademarks of YourSiteMate or YourSiteMate may not be used in any commercial manner without written permission from the trademark owner – either YourSiteMate (BullFrog Software, Inc.) or YourSiteMate.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE IS PROVIDED BY YourSiteMate and YourSiteMate ON AN "AS IS" AND "AS AVAILABLE" BASIS. YourSiteMate AND YourSiteMate MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE, WHICH HAVE NOT BEEN INDEPENDENTLY REVIEWED FOR ACCURACY, COMPLETENESS OR SAFETY.

IF YOU RELY ON ADVICE OR INFORMATION PROVIDED ON THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU ARE DOING SO ENTIRELY AT YOUR OWN RISK. YourSiteMate and YourSiteMate EXPLICITLY DISCLAIM ANY LIABILITY FOR INJURY OR DAMAGES RESULTING FROM THE USE THEREOF.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YourSiteMate AND YourSiteMate DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YourSiteMate AND YourSiteMate DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT YOUR ACCESS TO THIS SITE AND ITS SERVERS WILL BE RELIABLE, ERROR-FREE, OR UNINTERRUPTED.

YourSiteMate AND YourSiteMate WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, OR OTHER ERRORS OR OMISSIONS.

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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL YourSiteMate AND YourSiteMate BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF YourSiteMate AND YourSiteMate HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless YourSiteMate AND YourSiteMate and their respective officers, directors, shareholders, employees, agents, affiliates, third party information providers, licensors and others involved in the website or delivery of products or services through the website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Service or your use of this website, or of any products, services or information obtained from this website.

Third Party Links

This website may contain links to other websites not controlled or managed by YourSiteMate AND YourSiteMate. YourSiteMate AND YourSiteMate are not responsible for the quality, accuracy or content of the information, products, services or policies of these websites. Your use of such websites is at your own risk and subject to the terms and conditions of use for such websites. A reference or link from this website to any products, services, events or information by trademark, trade name or manufacturer does not constitute or imply an endorsement, sponsorship or recommendation and cannot be referenced as such without the written permission of YourSiteMate AND YourSiteMate.

Termination

YourSiteMate reserves the right to close your account if you do not renew your membership when it is due to expire or for other violations of the organization’s policies. YourSiteMate is not responsible for membership management including registration approvals/rejections and account disablement.

The administrators of YourSiteMate and YourSiteMate also reserve the right to terminate access to this website and refuse service to users who violate these TOS or who we reasonably believe are not intending to use the platform for its intended purpose, and to pursue legal remedies against persistent or serious offenders.

General Information

The TOS constitute the entire agreement between you, YourSiteMate and YourSiteMate and governs your use of the Service, superseding any prior agreements between you and YourSiteMate and YourSiteMate. The TOS and the relationship between you and YourSiteMate and YourSiteMate shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You, YourSiteMate and YourSiteMate agree to submit to the personal and exclusive jurisdiction of the courts located within Shelby county Tennessee. The failure of YourSiteMate and YourSiteMate to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

YourSiteMate and YourSiteMate may modify these Terms of Service at any time without notice by posting the amended document to the website. You should check back periodically to see if anything has changed. Your continued use of the website indicates your acceptance of the revised terms of service.

If you have any questions, comments, or concerns about these Terms of Service, please contact us.

Contact YourSiteMate using the "Contact Us" link available on the YourSiteMate website.

Contact YourSiteMate Here

Last Update: February 18, 2008