1.
ACCEPTANCE OF TERMS
Welcome to AthenaOnline.com. AthenaOnline.com provides its service to
you, subject to the following Terms of Service ("TOS"), which
may be updated by us from time to time without notice to you.
2. DESCRIPTION
OF SERVICE
AthenaOnline.com currently provides users with access to a rich collection
of on-line resources, including, various communications tools , shopping
services, personalized content and branded programming through its network
of properties (the "Service"). Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including
the release of new AthenaOnline.com properties, shall be subject to
the TOS. You understand and agree that the Service is provided "AS-IS"
and that AthenaOnline.com assumes no responsibility for deletion, mis-delivery
or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
Recipient agrees that all information is provided on an AS IS basis. ATHENAONLINE AND ITS CONTENT PROVIDERS make NO REPRESENTATION OR WARRANTIES OF ANY
NATURE WHATSOEVER WITH RESPECT TO ANY INFORMATION FURNISHED TO RECIPIENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. AthenaOnline and its content providers do not recommend the purchase, sale or retention of any security,
nor do they provide legal or tax advice. Recipient agrees to indemnify and hold harmless AthenaOnline and its content providers and agrees that IN NO EVENT
SHALL AthenaOnline or its content providers BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE
PERFORMANCE OR USE OF ANY PORTION OF THE INFORMATION provided. Further, recipient understands that the information provided is copyrighted and agrees not to
reproduce or transmit in whole or in part without the express written permission of AthenaOnline unless such transmission or reproduction is provided within
the normal delivery and operation of the AthenaOnline platform and service.
3. YOUR REGISTRATION
OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
AthenaOnline.com has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, AthenaOnline.com has
the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
4. PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, please see our full privacy
policy by clicking here.
5. MEMBER ACCOUNT,
PASSWORD AND SECURITY
You will create a password and account designation upon completing the
Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify AthenaOnline.com of any unauthorized use of
your password or account or any other breach of security. AthenaOnline.com
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. AthenaOnline.com does
not control all the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. Under
no circumstances will AthenaOnline.com be liable in any way for any
Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted.
You agree to not use the Service to:
1. impersonate any person or entity, including, but not limited to,
an AthenaOnline.com official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
2. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
3. upload, post, e-mail or otherwise transmit any Content that you do
not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
4. upload, download, post, e-mail or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
5. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation;
6. upload, post, e-mail or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
7. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
8. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, and any
regulations having the force of law;
9. "stalk" or otherwise harass another; or
10. collect or store personal data about other users.
7. SPECIAL ADMONITIONS
FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local 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.
8. INDEMNITY
You agree to indemnify and hold AthenaOnline.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the Service,
your connection to the Service, your violation of the TOS, or your violation
of any rights of another.
9. NO RESALE
OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
10. MODIFICATIONS
TO SERVICE
AthenaOnline.com reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that AthenaOnline.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. TERMINATION
You agree that AthenaOnline.com, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if AthenaOnline.com
believes that you have violated or acted inconsistently with the letter
or spirit of the TOS. AthenaOnline.com may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that AthenaOnline.com may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the Service.
Further, you agree that AthenaOnline.com shall not be liable to you
or any third-party for any termination of your access to the Service.
12. DEALINGS
WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that AthenaOnline.com shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, including advertisers,
links to other World Wide Web sites or resources. Because AthenaOnline.com
has no control over such sites and resources, you acknowledge and agree
that AthenaOnline.com is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge
and agree that AthenaOnline.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
14. PROPRIETARY
RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by AthenaOnline.com or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
AthenaOnline.com grants you a personal, nontransferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right
in the Software. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than
through the interface that is provided by AthenaOnline.com for use in
accessing the Service.
15. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATHENAONLINE.COM
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.
2. ATHENAONLINE.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ATHENAONLINE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATHENAONLINE.COM 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
ATHENAONLINE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS
AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND
16 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either e-mail or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
19. TRADEMARK
INFORMATION
AthenaOnline.com, the AthenaOnline.com logo, and service names are trademarks
of AthenaOnline.com Inc. Without AthenaOnline.com's prior permission,
you agree not to display or use in any manner, the AthenaOnline.com
trade marks.
20. COPYRIGHTS
and COPYRIGHT AGENTS
AthenaOnline.com 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 provide
AthenaOnline.com's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the site;
4. your address, telephone number, and e-mail address;
5. 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;
6. 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.
To reach us please send correspondence to:
AthenaOnline.com Inc.
4600 Hollis Street
Suite 16
Emeryville, CA 94608
By phone: (510) 764-2744
By e-mail: jpeters@athenaonline.com
21. GENERAL
INFORMATION
The TOS constitute the entire agreement between you and AthenaOnline.com
and govern your use of the Service, superseding any prior agreements
between you and AthenaOnline.com. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship
between you and AthenaOnline.com shall be governed by the laws of the
State of California without regard to its conflict of law provisions.
You and AthenaOnline.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of San Francisco,
California. The failure of AthenaOnline.com 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.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
22. VIOLATIONS
Please report any violations of the TOS to AthenaOnline.com.
