This policy explains the use and protection of the information you provide in connection with your activities on or related to ContactAthletes.com (hereafter “Contact Athletes,” “us,” “we,” or “our”), including Internet protocol addresses, the domain you use to access the ContactAthletes website (“Website”), the version and type of browser or operating system you use, the web page you came from or visit next, your age and geographic location, average time spent on the Website, survey data, and site registrations (“User Information”).

By clicking the “Subscribe” icon related to this policy, you expressly and voluntarily agree to the following terms and conditions:  

1. Collection of User Information. You expressly consent to our collection, transfer, storage, use and disclosure of your User Information, inside and outside of our servers, to athletes and/or other third parties affiliated with ContactAthletes.  We reserve the right to use your User Information for purposes of gathering marketing information and performing statistical analyses of Website user preferences and characteristics. 

2. Use of User Information.  You agree that we may use your User Information in the usual course of business, to provide a means for athletes to answer your questions, comments, letters, messages and/or requests, and advertise promotions or contests.  You further authorize and give permission to the athletes associated with the Website to respond to your questions, comments, letters, messages and/or requests. 

3. Disclosure of User Information. You agree that ContactAthletes may disclose your User Information to enforce our policies, protect anyone’s rights, property or safety, respond to legal requests, and share such information with third parties as permitted by law, including marketing and merchandising affiliates.  

4. Account Protection. Your username and password are the keys to your ContactAthletes account.  Please use unique numbers, letters, and special characters and do not disclose your ContactAthletes password to anyone. If you share your password or User Information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your User Information. If your password has been compromised for any reason, you should immediately send written notice to contact@ContactAthletes.com.

5. Review of User Information. ContactAthletes provides you with the means to access, update, edit and/or delete your User Information. We reserve the right to modify your User Information as needed to verify your identity. 

6. Safeguards and Security.  ContactAthletes shall store all User Information and protect such information by security safeguards appropriate to the sensitivity of such information. Despite these protections, you hereby acknowledge the risk and possibility that unauthorized third parties could illegally “hack” into, abuse and/or misuse your User Information.  Accordingly, you release ContactAthletes and all related entities from any and all liability associated with third parties illegally accessing or misappropriating your User Information.  We ask that you help protect your User Information by never giving out your password, logging off of your computer and/or closing your Internet browser when you finish visiting the Website or other web pages.   

7. Links to Other Sites and Advertisements.  The Website may contain links to other web pages and services. While ContactAthletes tries to link only to other web pages and services that share our high standards and respect for privacy, you hereby agree that we are not responsible for the content of or the privacy practices employed by, other companies or websites.

8. Intellectual Property. You acknowledge and agree that the Website and any software used in connection with the Website (“Software”) contain proprietary and confidential information that is protected by intellectual property and other laws.  Except as expressly authorized by ContactAthletes, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or Software, in whole or in part.  ContactAthletes grants you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you or third-parties do not copy, modify, create a derivative work from, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  You agree not to access the Software by any means other than provided through ContactAthletes.  The name ContactAthletes and domain www.contactathletes.com are forms of intellectual property owned by ContactAthletes.  You agree to not reproduce or use such property without our express authorization.   

9. Disclaimer of Warranties.  

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. CONTACTATHLETES AND ITS RELATED ENTITIES EXPRESSLY DISCLAIM 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. 

CONTACTATHLETES AND ITS RELATED ENTITIES MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE OR ITS OPERATIONS WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.

10. Limitation of Liability.  

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTACTATHLETES AND ITS RELATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 CONTACTATHLETES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.

11. Minors.  You agree that you have reached the age of majority in the state in which you live.  If you have not reached this age, you hereby represent and warrant that you have the permission or authority of your parent or guardian to register your User Information with ContactAthletes.

12. Indemnity.  You agree to indemnify and hold us and our related entities, employees, officers, directors, agents, partners and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from any questions, comments, letters, messages or requests you submit, post, transmit or otherwise make available through the Website, breach of the representations and warranties above, use of the Website, violation of the terms of this policy, or your violation of any rights of another.

13. Updates.  ContactAthletes reserves the right to update this policy. We will notify you of significant changes in the way we treat User Information by sending notice to the primary email address specified in your user account or by placing a prominent notice on the Website.  At all times, the terms and conditions of our User Information policy, shall appear at www.contactathletes.com/UserInformationPolicy.asp.  If you do not agree to the terms and conditions above, you should not register with ContactAthletes and/or “opt-out” of this policy by sending written notice to contact@ContactAthletes.com.

14. Choice of Law and Forum.  You agree that the laws of the State of New York shall govern this policy.  You further agree that all differences between you and us related to this policy shall first be submitted to mediation.  In the event litigation is necessary thereafter, the applicable State and Federal Courts of New York shall have full and exclusive jurisdiction over all disputes.  You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this policy shall be filed within one (1) year after such claim or cause of action arose or be forever barred.

© 2006 ContactAthletes.com. All Rights Reserved.  Revised November 2006.