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Terms & Conditions

This shall serve as a binding legal agreement ("Agreement") between you and youcanswingit.com. Please read this Agreement carefully before registering as a member of youcanswingit.com. By registering with youcanswingit.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms"). If you do not agree to the terms, DO NOT register with youcanswingit.com.

The terms and fees for the service are subject to change by youcanswingit.com at any time, effective upon notice to you. To become a member you must be 18 years of age or older. When you register, and from time to time thereafter, youcanswingit.com will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old. Use by individuals under the age of 18 is strictly prohibited.

Your membership with youcanswingit.com is limited to your sole and personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. Your youcanswingit.com membership may be terminated at anytime and for any reason, by you or by youcanswingit.com. Termination is effective upon receipt of written notice to the other party. youcanswingit.com reserves the right to immediately suspend or terminate your access to youcanswingit.com, without notice, upon any breach of this Agreement by you.

youcanswingit.com ONLINE CONTENT

youcanswingit.com reserves the right, but has no obligation to monitor the materials posted in the public areas of the youcanswingit.com service. youcanswingit.com shall have the right to remove any such material that violates, or is alleged to violate, any federal, state or common law, or this agreement. Notwithstanding this right of youcanswingit.com, you remain solely responsible for the content of the materials you post on youcanswingit.com and in your private email messages. youcanswingit.com will treat e-mails sent between you and other youcanswingit.com members that are not readily accessible to the general public as private to the extent required by applicable law.

MEMBER'S ONLINE CONDUCT REQUIREMENTS

You are solely responsible for maintaining the confidentiality surrounding your user name and password and for any and all activities that are conducted through your account.

As a Member, you agree that:

You are solely responsible for the content or information you publish or display (hereinafter, "post") on the youcanswingit.com service, or transmit to other youcanswingit.com Members. EliteMate is monitored for quality control purposes.

You will NOT include in your Member profile any telephone numbers, street addresses, last names, messenger ID's, URL's or e-mail addresses. You will NOT post on the youcanswingit.com service, or transmit to other youcanswingit.com Members or Employees, any patently offensive, defamatory, inaccurate, abusive, bigoted, obscene, profane, offensive sexually oriented, threatening, harassing, pornographic, exploitative of individuals under the age of 18, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide or disseminate instructional information about illegal activities such as making or buying weapons, pyramid schemes, investment fraud, privacy violations, or the creation of computer viruses.

You will use the youcanswingit.com service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information.

youcanswingit.com reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.

You will not remove any proprietary rights notices nor engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other youcanswingit.com Members.

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

You will not harvest or collect personal information about other members without their express consent. You will not use any robot, spider, site search, retrieval application or other process to retrieve, hack, index, data mine, reproduce or circumvent the navigational structure of this site nor its contents. You are solely responsible for your interactions with other youcanswingit.com Members. youcanswingit.com reserves the right, but has no obligation, to monitor disputes between you and other Members. Any infraction may lead to legal remedy
on behalf of youcanswingit.com.

You agree that you will be billed in a reoccurring automatic manner after you make your first credit card payment. If you would like to stop being billed in a reoccurring automatic manner you must email billing@youcanswingit.com, provide your username, password, first name, last name, address, city, state, zip code, email address and reason to stop reoccurring billing. youcanswingit.com LLC makes refunds by company check within 7 seven business days. You agree there are absolutely no refunds for the first month's membership fees or life time memberships to http://youcanswingit.com/

You agree that www.youcanswingit.com and its affiliates will send you promotional emails about their upcoming events, trips and promotions. To opt-out from receiving emails from www.youcanswingit.com, point your browser to www.youcanswingit.com, log-in with your username and password, press go and it will bring you to the member home page. Then go to Edit My Profile, scroll down to My Account Information, press Edit and uncheck Send me Promotional & Informational Emails, then press submit to finalize it.

You agree that you to accept EliteMate interface with your browser as it is. These are our browser requirements. http://www.youcanswingit.com/htm/requirements.htm EliteMate is not compatible with any type of Web TV units and can not provide tech support for Web TV technical issues. We will supply technical support on Windows PC and Mac operating systems. eliteresponse@youcanswingit.com

PRIVACY POLICY

This Privacy Policy applies to consumers that have signed up on www.elitemate.com website. We may use the personal information that you supply to us and work with other third party businesses to bring selected retail opportunities to our members via direct mail, email and telemarketing. These businesses may include providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation and email marketing.

This privacy statement discloses the information gathering and dissemination practices for this website. We will notify you of changes to our Privacy Policy by posting the new policy on this website and by e-mailing the new Privacy Policy to registered members. For this reason, we recommend that you review our Privacy Policy regularly so that you can stay informed of our practices.

By using our services or submitting information that we use in providing our services, you are accepting the practices described in this Privacy Policy and expressly agreeing to accept offers from us, our customers, and/or any third party to whom we sell, license, transfer and/or share your email address or other personal information. The 3rd parties to whom we sell, license, transfer, and/or share this information include individuals and companies engaged in the sales, marketing, advertising, and publishing industries for various products and services.

The information we collect includes name, address, age, date of birth, e-mail address, telephone number, hair color, eye color, number of children, height, weight, race, religion, occupation, education, the type of service you purchase, your payment history, and, if applicable, the status of your relationship with us as either a guest, paying member, model, and/or affiliate. Additionally, our site has areas in which you may post text, images, and video. Any information posted in these areas is routinely archived. You can ?opt out? of providing this additional information by not entering it when asked, or if you have already provided your information, you can change it by logging into your member account.

We use the information that we collect to provide our services, to contact you regarding new offers, and for advertising purposes. We also use the information to contact customers to further discuss customer interest in our company, the services that we provide, and to send information regarding our company or partners, such as promotions and events. The information we collect is also sold, licensed, transferred, and/or shared with individuals and companies engaged in the sales, marketing, advertising, and publishing industries for various products and services in which you may be interested.

We use a third party intermediary to manage the credit card processing. This intermediary is solely a link in the distribution chain, and is not permitted to store, retain, or use the information provided, except for the sole purpose of credit card processing.

We also automatically collect certain information from visitors to, and customers of, the site, such as Internet addresses, browser type, Internet Service Provider (ISP), referring and exit page, operating system, timestamps, and clickstream data. Some of the information is collected through the use of cookies. This information is logged to help diagnose technical problems, and to administer our site in order to constantly improve the quality of the services we provide. We also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and sell, license, transfer, and/or share such information with third parties, such as our affiliates and other interested businesses.

If you send personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings, we will collect such information into a file specific to you. We use information in the file that we maintain for you, and other information that we obtain from your use of the services, to resolve disputes, troubleshoot problems, and enforce our customer agreements.

We cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability.

By submitting your information you agree to receive a third party newsletter from youcanswingit.com and EliteMate News as well as any other youcanswingit.com LLC or third party offers that we may choose. There is no cost to receive this newsletter(s). Should you have any questions or concerns or if you would like to discontinue receiving mailings simply email us at aff@youcanswingit.com

INDEMNIFICATION

You will indemnify, defend and hold harmless youcanswingit.com, its officers, directors, employees, agents, representatives and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the youcanswingit.com service, including any breach by you of the terms of this Agreement.

PROPRIETARY RIGHTS

>youcanswingit.com owns and retains other proprietary rights in the youcanswingit.com service. The Service contains the copyrighted material, trademarks, and other proprietary information and intellectual property of youcanswingit.com and its licensors. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

By posting information or content to any public area of youcanswingit.com, you automatically grant, and you represent and warrant that you have the right to grant, to youcanswingit.com and other youcanswingit.com Members an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

CONFIDENTIAL INFORMATION SUPPLIED BY MEMBER

youcanswingit.com shall use its best efforts to maintain the members' information confidential, including confidential information such as credit card details etc., and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.

COMPLAINTS

To resolve a complaint regarding the youcanswingit.com service, you should first contact youcanswingit.com Customer Support at info@youcanswingit.comYou are however solely responsible for your interactions with other Members.

DISCLAIMER OF WARRANTY

youcanswingit.com provides the youcanswingit.com service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in any communication with youcanswingit.com or its representatives, or otherwise with respect to the service. youcanswingit.com specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. youcanswingit.com does not warrant that your use of the youcanswingit.com service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected.

youcanswingit.com disclaims liability for, and no warranty is made with respect to telephone services, including coverage, range, or any interruption in telephone service. This Site may contain links to other sites or resources. We neither control nor endorse them. You acknowledge and agree that youcanswingit.com shall not be held responsibility for the legality, accuracy or inappropriate nature of any content, advertising, products services or information located on such other sites nor for any loss or damage alleged to have been caused by the use or reliance thereof.

You agree there are absolutely no refunds for the first month's membership fees or life time memberships to www.youcanswingit.com

LIMITATION OF LIABILITY

In no event will youcanswingit.com be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the youcanswingit.com service, even if youcanswingit.com or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, youcanswingit.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to youcanswingit.com for the service during the term of membership.

In addition, ELITEMATE disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the youcanswingit.com service. youcanswingit.com reserves the right to provide its members with special offers, emails and promotional messages and items.

STATE-BY-STATE VARIATIONS

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

GENERAL PROVISIONS

You agree that New York law (regardless of any and all conflicts of law principles) shall govern this Agreement in its entirety, and that any and all dispute(s) arising out of or relating to this Agreement shall be subject to the federal and state courts in the Eastern District of New York. This Agreement, accepted upon registering for the youcanswingit.com service, contains the entire agreement between you and youcanswingit.com regarding the use of the Service. This Agreement may only be amended upon notice by youcanswingit.com to you, or in written form, signed by you and an authorized official of youcanswingit.com. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

NON-COMMERCIAL USE BY MEMBERS

youcanswingit.com is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Any unauthorized and/or illegal uses of the site, including the unauthorized framing or linking to the site will be investigated and appropriate legal action will be undertaken including, without limitation, civil, criminal and injunctive redress.

COPYRIGHT POLICY

Termination of User Privileges for Infringement and Contact Information for Suspected Copyright and Intellectual Property Infringement:

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or a fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other trademarked or copyrightable material MUST ensure that the content they upload does not infringe the copyrights, trademarks nor other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright or intellectual property holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred. youcanswingit.com shall not be responsible for the acts of infringing users and such infringing users shall indemnify and hold harmless youcanswingit.com, its officers, agents, employees, et al. from any and all damages, liabilities and expenses brought about by the infringement.

The Subscriber hereby specifically acknowledges that youcanswingit.com is NOT an information content provider and is thus not responsible for the creation or development of the information being provided

If you believe that your copyright or intellectual property has been infringed through the use of this Site, please contact info@youcanswingit.com. Updated last on 11/15/2007


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