Terms of Service

Last Modified: 10-16-2010 This Universal Terms of Service Agreement ("Agreement") is between Your Active Link LLC ("Your Active Link") a Maryland Limited Liability Company and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Your Active Link's website and services and explains Your Active Link's obligations to You and Your obligations to Your Active Link in relation to your use of Your Active Link's website and its services. This Agreement as well as any additional Your Active Link policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Your Active Link concerning Your use of Your Active Link's website and services, and supersede and govern all prior proposals, agreements, or other communications. By accessing Your Active Link's website, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Your Active Link may establish from time to time, and any agreements that Your Active Link is currently bound by or will be bound by in the future. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Your Active Link, whether or not the transactions were on Your behalf. 1. TERM OF AGREEMENT; MODIFICATIONS. You agree that Your Active Link may modify this Agreement and the Services from time to time. You agree to be bound by any changes Your Active Link may reasonably make to this Agreement when such changes are made. If You have purchased services from Your Active Link, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the software or services. In the event You terminate Your usage, Your Active Link will not refund any amounts You have paid. You agree that Your Active Link shall not be bound by any representations made by third parties who You may use to purchase services from Your Active Link, and that any statement of a general nature, which may be posted on Your Active Link's web site or contained in Your Active Link's promotional materials, will not bind Your Active Link. Your Active Link may, at times, offer certain promotions with different charges and features. 2. ACCURATE INFORMATION. You agree to maintain accurate information by providing updates to Your Active Link, as needed, while You are using Your Active Link' Services. You agree You will notify Your Active Link within ten (10) business days when any changes to the information You provided as part of the registration process occurs. Failure by You, for whatever reason, to respond within ten (10) business days to any inquiries made by Your Active Link to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading, or incomplete, or if Your Active Link has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading, or incomplete, Your Active Link has the absolute right, in its sole discretion, to terminate its services and close Your account. 3. PRIVACY. You can view Your Active Link's Privacy Policy which is incorporated herein by reference, as it is applicable to all of Your Active Link's services. The Privacy Policy provides Your rights and Your Active Link's responsibilities with regard to Your personal information. Your Active Link will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. 4. ACCOUNT SECURITY. Your right to use Your Active Link is personal to you. You agree You are entirely responsible for maintaining the confidentiality of Your customer login, password, and payment information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Your Active Link immediately of any unauthorized use of Your account or any other breach of security. You agree Your Active Link will not be liable for any loss that You may incur as a result of someone else using Your account access information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Your Active Link or another party due to someone else using Your account Access information. You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your account access information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Your Active Link specifically disclaims liability for any activity in Your account, whether authorized by You or not. You may not sub-license, transfer, sell or assign your right to access or use Your Active Link to any third party without prior our written approval from Your Active Link. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. 5. NO UNLAWFUL CONDUCT OR IMPROPER USE. As a condition of Your use of Your Active Link' Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Your Active Link if, for any reason, Your Active Link takes corrective action with respect to Your improper or illegal use of its services. Your Active Link reserves the right at all times to disclose any information as Your Active Link deems 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 Your Active Link's sole discretion. If You have purchased any services, Your Active Link has no obligation to monitor Your use of the services. Your Active Link reserves the right to review Your use of its services and to cancel the services in its sole discretion. Your Active Link reserves the right to terminate Your access to the services at any time, without notice, for any reason whatsoever. Your Active Link reserves the right to terminate services if Your usage of the services results in, or is the subject of, legal action or threatened legal action, against Your Active Link or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Your Active Link may review every user account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels. Your Active Link may also cancel Your use of the services if You are using the services, as determined by Your Active Link in its sole discretion, in association with spam or morally objectionable activities. Activities that may violate the Terms of Service may include but are not limited to:

• activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
• activities prohibited by the laws of the United States and/or foreign territories in which You conduct business;
• activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
• activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
• activities designed to impersonate the identity of a third party;
• illegal access to other computers or networks (i.e., hacking);
• distribution of Internet viruses or similar destructive activities;
• activities designed to harm or use unethically minors in any way;
• activities associated with the sale or distribution of prescription medication without a valid prescription;
• posting false or misleading information;
• posting illicit material;
• posting any copyrighted or trademarked material;
• posting material that is personal to others without their consent;
• impersonating or misleading users by creating false leagues, businesses, events, teams or other non-existent activities;
• posting false or misleading business or service reviews;
• creating false or misleading business profiles;
• utilizing the website to stalk or harass users;
• Any business profiles created must be created by a person of authority from that business or with the consent of a person of authority from that business;
• businesses listed on Your Active Link must be legitimate and active businesses. Your Active Link's users must abide by all applicable U.S. based laws.

You agree not to disrupt, modify, or interfere with Your Active Link or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others' use of the website. You further agree not to alter or tamper with any information or materials on or associated with Your Active Link, its affiliates, and business partners. Other than connecting to service provider's servers by http requests using a web browser, you may not attempt to gain access to our service provider's servers by any other means. Notwithstanding anything to the contrary herein, in the event Your Active Link cancels Your services during the first thirty (30) days after You purchase the services, You will receive a refund of any fees paid to Your Active Link in connection with the services being cancelled. In the event Your Active Link deletes Your services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Your Active Link if, for any reason, Your Active Link takes corrective action with respect to Your improper or illegal use of its services. 6. INTELLECTUAL PROPERTY AND LICENSE. You agree Your Active Link or its licensor holds all rights, title, and interest in all software and services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to You and You agree to make no claim of interest in any such services or software. You understand and agree that all content and materials contained in this Agreement, other policies, the Your Active Link website, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Your Active Link or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Your Active Link or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise. If you upload materials, content or information (collectively, "Information") to areas of Your Active Link that are available to other users, you give Your Active Link an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display the Information. Please refer to our Privacy Policy for an explanation of how we use your information and your rights to change or delete it. Your Active Link grants you a personal, non-exclusive, non-transferable, limited and revocable license to use its website subject to its Terms of Service. You may not use Your Active Link in a manner that exceeds the rights granted for your use of Your Active Link, which includes unauthorized copying or distribution of any of the content displayed or used on Your Active Link or creating an unauthorized derivative work. 7. FEES AND PAYMENT. As consideration for the services purchased by You and provided to You by Your Active Link, You agree to pay Your Active Link at the time of Your order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the services term. Your Active Link expressly reserves the right to modify pricing through email notification and/or notice on its web site. Payment may be made by You by providing either a valid credit card, an online check, a personal check, or gift card. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month, in which case Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Your Active Link will automatically renew Your Services when they come up for renewal and will take payment from the payment method You have on file with Your Active Link at Your Active Link's then current rates. If for any reason Your Active Link is unable to charge Your payment method for the full amount owed Your Active Link for the services provided, or if Your Active Link is charged a penalty for any fee it previously charged to Your payment method, You agree that Your Active Link may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Your Active Link is unable to charge Your credit card with the full amount of the services provided, or if Your Active Link is charged back for any fee it previously charged to the credit card You provided, You agree that Your Active Link may pursue all available remedies in order to obtain payment. You agree that among the remedies Your Active Link may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any advertising or business services registered on Your behalf. Your Active Link reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular services, including additional costs that it may incur in providing the services and pass it along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and disputes that require legal services. These charges will be billed to the payment method we have on file for You. You agree that You are solely liable for arranging that Your services are renewed, and that Your Active Link shall not be liable to You or any third party if it is unable to charge Your payment method in order to renew Your Services. While all transactions are processed in US dollars, Your Active Link may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Your Active Link makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price and the price paid and any subsequent refund. In addition, You may be charged VAT, GST or other localized taxes, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process. 8. DISCLAIMERS OF WARRANTIES WE PROVIDE ACTIVE LINK "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT YOUR ACTIVE LINK TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT YOUR ACTIVE LINK IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ACTIVE LINK, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING YOUR ACTIVE LINK, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE YOUR ACTIVE LINK (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE YOUR ACTIVE LINK AT YOUR OWN RISK. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW. 9. INDEMNITY You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms. 10. NOTICE AND TAKE DOWN PROCEDURES AND COPYRIGHT AGENT If you believe any materials accessible on or from Your Active Link infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from Your Active Link by contacting us on our contact page. 11. TERMINATION AND MODIFICAITON You agree that we may without prior notice, discontinue, temporarily or permanently eliminate your account, any associated email address, and remove any information you uploaded or provided to Your Active Link with or without notice. Cause for termination shall include, but not be limited to, (a) violations of the Terms of this Agreement, (b) requests by law enforcement or other government agencies, (c) a request by You (d) discontinuance or material modification to Your Active Link, or (e) unexpected technical or security issues or problems. 12. ENTIRE AGREEMENT The Terms of this Agreement, and the policies, rules and guidelines posted on the website constitute the entire contract between You and Your Active Link and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 13. CHOICE OF LAW AND PLACE FOR RESOLVING DISPUTES The laws of the State of Maryland governs this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in Montgomery County, Maryland. You irrevocably consent to the venue and jurisdiction of such courts. BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF MARYLAND OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. 14. ASSIGNMENTS We may assign this contract at any time without notice to you. You may not assign this contract to anyone else. 15. WAIVER. The failure of Your Active Link to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Your Active Link thereafter to enforce such provisions. 16. FORCE MAJEURE. Your Active Link will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Your Active Link liable for any of the consequences of such interruptions. 17. EXECUTION OF AGREEMENT Your continued use of Your Active Link constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least thirteen (13) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user. 18. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. 2011 Your Active Link LLC