TERMS OF USE OF TheSociety.com

Effective January 15, 2008 the following describes the terms on which TheSociety TM offers You access to the Site and Services:

Introduction

Welcome to the TheSociety.com.

As used in these Terms of Use, the terms "We", "Our", "Us" or "TheSociety" refer to, and may be used interchangeably with, The Society of Leisure Enthusiasts, a Delaware corporation. The terms "You", "Your" and "User(s)" refer to, and may be used interchangeably with, any person who accesses or uses TheSociety.com Web site and other related websites where this agreement appears (collectively the "Site").

General

In connection with Your review of these Terms of Use, please read TheSociety's Privacy Policy [http://thesociety.com/privacy] (the "Privacy Policy") as well. By accessing the Site and/or using the services offered by the Site (the "Services"), You agree and acknowledge to be bound by these Terms of Use (the "Terms"). If You do not agree to the Terms or to the Privacy Policy, please do not access the Site or use the Services. In some cases, TheSociety and You may enter into a separate written agreement related to the Site and Services (a "Written Contract"). As used herein, the term "Agreement" shall mean the agreement formed between TheSociety and You pursuant to the Terms, the Privacy Policy, the Written Contract, and any other terms and conditions posted on the Site, as the same may be modified from time to time.

We reserve the right, in Our sole discretion, to modify or remove any information or content on the Site and may revise, suspend or discontinue any and all aspects of the Site without prior notice. Without limiting the generality of the foregoing, We reserve the right to change the terms and conditions (including, without limitation the Terms) under which the Site is offered at any time. Unless otherwise agreed to by Us in writing, all amended terms automatically take effect upon acceptance for new Users, or 30 days after they are posted on the Site for all other Users. It is Your responsibility to check the Site for changes to the Agreement and Your continued use of the Site shall constitute Your agreement to such changes.

We are located at 3235 S Wadsworth, Lakewood, CO 80227. If any provision of the Agreement is held to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of the Agreement will continue in full force and effect. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. We do not guarantee that We will take action against all breaches of the Agreement.

The Agreement sets forth the entire understanding and agreement between You and Us with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. In the event of any conflict between the terms and conditions of a Written Contract and any other terms and conditions of the Agreement, the Written Contract shall prevail and control. The following Sections of the Terms shall survive any termination of the Agreement and Your agreement thereto: General, Content License, User Responsibility, User-Posted Content, Intellectual Property (Including Trademarks & Copyrights), Fees and Services (with respect to fees owed for Our services), No Warranty and Limitation of Liability, Release, Indemnity and Resolution of Disputes.

The Site is Only a Venue

The Site is only a venue. The Site acts solely as an online marketplace for You to find and transact with other Users, showing products or services on the Site. We are not a broker, lender or seller and we are not a party to any agreement or transaction between You and any other User of the Site.

License to Use the Site

We grant You a limited license to access the Site and use the Services in accordance with the Agreement. We reserve the rights to terminate Your license to use the Site and Services at any time and for any reason and to charge for use of the Site and Services both now and in the future.

Content License

When You provide Us with information and content, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) that You have in such information and content, in any media known now or in the future.

Using The Site

As a condition to your use of the Site, You will comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Services and any related activities. In addition, You warrant that You will not use the Site except as permitted by the Agreement. Without limiting the generality of the foregoing, and except as specifically permitted by Us in writing, You will not:

• use the Site if You are under the age of 18, are temporarily or indefinitely suspended from using the Site, or are not able to form legally binding contracts;
• reproduce any portion of the Site on your website or otherwise, using any device including, without limitation, using any framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
• use the Site to advertise properties which You do not own, unless You are the duly authorized representative, agent or property manager of the owner, and have the right to bind such property owner, and Your representation of the owner complies with all applicable laws;
• use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
• submit, post, upload, or otherwise transmit any content that is defamatory, libelous, abusive, tortuous, harassing, vulgar, obscene, or otherwise indecent; or that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights
• upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or that may harm TheSociety, or the interests or property of Our Users;
• impersonate, or otherwise misrepresent Your affiliation with, any other person or entity;
• post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
• conduct, display, or forward surveys, contests, pyramid schemes, "spam" or chain letters;
• fail to deliver payment for service purchased by You without cause;
• fail to deliver services purchased from You without cause;
• interfere with other User's listings;
• circumvent or manipulate Our fee structure, the billing process, or fees owed to Us;
• take any action that may undermine the Site's feedback or ratings systems (such as displaying, importing or exporting feedback information from the Site or for using it for purposes unrelated to TheSociety);
• transfer Your account with TheSociety (including feedback) and/or Your personal User identification to another party without Our consent;
• harvest or otherwise collect information about Our Users, including email addresses, without their consent.

Reporting Problems and Remedies

We desire to keep the Site working properly and Our Users safe. We ask that You please report problems, offensive content, and policy violations to Us immediately. Without limiting other remedies, We may limit, suspend, or terminate the Services and User accounts, prohibit access to the Site, delay or remove hosted content, and take technical and legal steps to keep Users off the Site if We think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of the Agreement or Our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

User Responsibility

You are solely responsible for Your use of the Site and Services. User-posted content does not represent Our advice, views, opinions or beliefs. We make no claim of accuracy of any User-posted material. Any links from the Site are not Our responsibility and such linked websites' content, business practices and privacy policies are not under Our control. We are not responsible for the content of any such linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with Us. In accessing the Site and Services or following links to third-party websites You may be exposed to content that You consider offensive or inappropriate; in which case You agree that Your only recourse is to stop using the Site and Services.

User-Posted Content

By posting content, You are granting permission to Us and other Users to access and use it in connection with the Services, the Site and otherwise in connection with Our business. We are explicitly not responsible for the manner or circumstances by which third parties access or use content and We are under no obligation to disable or otherwise restrict this access. Although We provide You with the ability to retrieve and remove Your posted content and Your personal information to/from the Site, You acknowledge that this ability does not extend to copies that others may have made or to copies that We may have made for backup purposes.

Feeds and API

We may provide You with access to portions of the Site and Services via RSS feeds and an API. For the purposes of these Terms, such access constitutes use of the Site and Services. You may not use these or any other features or the Site itself to allow the display of a substantial portion of Our database or reproduce, duplicate or copy the Site. We reserve the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.

Intellectual Property (Including Trademarks & Copyrights)

TheSociety TM, Our logos, and the Site's designs are Our trademarks or trade dress, and may not be used without Our express written permission, other than for proper attribution. All other trademarks not owned by Us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.

Our originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, constitutes the property of TheSociety and its licensors and, as such is protected by United States and international copyright laws. Except as set out in the Agreement, no reproduction of any of Our originated content is permitted without prior written permission from Us.

User-posted content is copyrighted, and any use or reproduction of User-posted content must comply with the terms of the respective license(s) and must include a label

Fees and Services

Accessing the Site is free. We do charge fees for using other services, such as premium listings and screening tools. When You create a listing or use a service that has a fee, You have an opportunity to review and accept the fees that You will be charged based on Our fees schedule, which We may change from time to time. Changes to Our fees schedule are effective after We provide at least fourteen (14) days" notice by posting the changes on the Site. We may choose to temporarily change the fees for Our services for promotional events (for example, free listing days) or new services, and such changes are effective when We post the temporary promotional event or new service on the Site.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms. (This includes, but is not limited to, charging other payment methods on file with Us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from Your PayPal account balance, if applicable.)

No Warranty and Limitation of Liability

We provide the Site and Services "as is" and without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.

You understand and agree that Your use of the Site and Services is at Your own discretion and risk and that You will be solely responsible for any damages that arise from such use. Further, We cannot guarantee continuous or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of Our control. Under no circumstances shall We be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the Site or Services, damages incurred through any links provided on the Site and the nonperformance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not We have been advised of such possibility. Your only right with respect to any dissatisfaction with the Site or Services or with Us shall be to terminate use of the Site and Services. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to You.

You will not hold Us responsible for other Users' actions or inactions, including things they post. You acknowledge that We allow anyone to create profiles/listings to describe just about anything, at anytime, from anywhere, in a variety of pricing formats and venues. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of profiles/listings, the truth or accuracy of profiles/listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

Notwithstanding anything contained herein to the contrary, if We are found to have any liability related to the Site and/or the Services, Our liability to You or to any third party is limited to the greater of (a) the total fees You paid to Us in the 12 months prior to the action giving rise to the liability, or (b) $100.

Release

Because the Site is only a venue, if You have a dispute with one or more Users, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If You are a California resident, You waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference

Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Us by Our Users or by third parties. You agree that You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without Our express written permission.

Additionally, You agree that You will not:

• take any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately large load on Our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your information) from the Site without prior expressed written permission from Us and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
• bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Site.

Privacy

We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent. We use Your information only as described in the Privacy Policy. We consider protection of Users' privacy as a very important principle. We store and process Your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information You provide Us and choose not to receive certain communications by signing-in to Your account. For a complete description of how We use and protect Your personal information, see the Privacy Policy. If You object to Your information being transferred or used in this way please do not use the Site or Services.

Indemnity

You will indemnify and hold Us (and Our officers, directors, agents, subsidiaries, joint ventures 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 Site and/or Services (including, without limitation, any dispute between Users regarding any transaction), any content posted by You to the Site, any breach of the Agreement (including, without limitation, these Terms), or Your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Notices

Except as explicitly stated otherwise, legal notices shall be served to the attention of "Legal Department" at address written above (in the case of Us) or to the email address You provide to Us during the registration process (in Your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

Resolution of Disputes

If a dispute arises between You and Us, Our goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and We agree that We will resolve any claim or controversy at law or equity that arises out of the Agreement (a "Claim") in accordance with one of the subsections below or as You and We otherwise agree in writing. Before resorting to these alternatives, We strongly encourage You to first contact Us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Disputes - The Agreement shall be governed in all respects by the laws of the State of Colorado, without regard to its conflict of law provisions. You agree that any Claim or dispute You may have against Us must be resolved by a court located in Denver, Colorado, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Denver, Colorado for the purpose of litigating all such claims or disputes.
• Arbitration Option - For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All Claims You bring against Us must be resolved in accordance with this Resolution of Disputes section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should You file a Claim contrary to the Resolution of Disputes Section, We may recover attorneys' fees and costs up to $1,000, provided that We have notified You in writing of the improperly filed Claim, and You have failed to promptly withdraw the Claim.

Contacting Us

If You have any questions or comments about the Terms, please email TheSociety.com here info[at]thesociety.com.