Athleon Inc., aka Athleon.com, ("Athleon") provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the current version of the TOS at: http://www.athleon.com/tos. Failure to comply with these TOS may result in account removal.

Athleon (herein referred to as "Athleon", or the "Service") is a web-based service with mobile features and downloadable software packages that allows its users to create, edit, and share team-based information via a private, sports-based website. The Service may be used through a web browser or by the use of downloadable software (the "Software"). Once registered with Athleon, each user has the ability to create or join a team, and can post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video (the "Content"). This Content may reside on Athleon's servers or on the servers of a third party. You may not use the Athleon Service for any commercial purpose including but not limited to buying, selling, advertising or offering goods or services. Creating and posting an occasional link to a third-party site that charges a fee for access, or otherwise is engaged in commercial activity, is not a violation of this policy, provided that you do not directly or indirectly receive any consideration for posting such link.

Account registration and verification is required in order to create an Athleon account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to Athleon, you are required to update that information as soon as possible. Should Athleon suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that Athleon's privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to help@athleon.com. Users under 13 years of age are required to have a parent or guardian review and complete the registration process, which may include age verification steps in addition to the standard process.

You agree to indemnify and hold Athleon, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

You acknowledge that Athleon may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that Athleon may establish limits concerning use of the Service and may modify these limits at any time.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.

You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for Athleon to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Athleon has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Athleon on your Content and throughout the Service are subject to change at Athleon's discretion. 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 Athleon 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.

The Service, or relevant third parties, may provide links to other web sites or resources. Because Athleon has no control over such sites and resources, you acknowledge and agree that Athleon 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 Athleon 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.

You agree not to make any use of the Service to post or transmit any Content that: (1) is unlawful under the laws, statutes, ordinances, or regulations ("Laws") of any jurisdiction to which you or Athleon are subject; (2) promotes activity that is unlawful under the Laws of any jurisdiction to which you or Athleon are subject (3) is harmful, threatening, advocating violence, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations), all as determined by Athleon in its discretion; (4) includes insider information, or any other proprietary or confidential information; (5) is an infringement of any patent, trademark, trade secret, copyright, publicity right or other intellectual property right; (6) is falsified, deceptive or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content, or lacking author attribution, copyright notice, or any other information necessary to make the Content not misleading; (7) holds Athleon or any of its affiliates, employees or shareholders up to public scorn or ridicule; (8) contains or transmits any viruses, or other computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. The foregoing list is not necessarily exhaustive of types of Content we may deem inappropriate for the Service, in our discretion.

You agree not to make any use of the Service for any activity: (1) that is unlawful (whether criminal or tortuous) under the Laws of any jurisdiction to which you or Athleon are subject; (2) that is commercial, including buying, selling, offering, advertising, or helping another to buy, sell, offer or advertise any goods or services; (3) that constitutes competition with the Service; (4) that involves gaining unpermitted access to other computers or networks through hacking or other means, or the unpermitted use of the username or password of another user; (5) that automates your use of the Service, including using scripts to add people to your circle or to post or send comments; or (6) that interferes with the operation of the Service or places an undue burden on it.

You agree to be responsible for all Content posted to the Service under your username or password. You represent and warrant to Athleon that you are either the owner of any Content posted under your username and password on the Service, or that you have all the rights necessary to post said Content. You agree to pay any royalties or other sums owing to any third party for Content posted by you or under your password, and to indemnify and hold harmless Athleon from any claims, costs or liability incurred as the result of your violation of these Terms.

You retain all ownership rights in any Content posted or transmitted by you through the Service to which you are entitled by law, and Athleon does not claim any ownership rights in any Content posted or transmitted by you through the Service.

Athleon has no obligation to monitor user Content. However, Athleon has the right and ability to perform such monitoring, and the right (but not the obligation) to reject or remove any Content violative of these Terms.

You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Athleon code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. 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 Athleon or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part.

Other than Content posted by users, all content of this site or the Service is the property of Athleon or its content suppliers, and is protected by United States and international copyright laws. The compilation of such content is also the exclusive property of Athleon, and is likewise protected by U.S. and international copyright laws.

YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Athleon does not warrant that the Service will be available at any given time, secure, accurate or free of error. You use the Service at your own risk, and you assume the risk that the Service may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Service may cause loss of data or damage to your computer system. Athleon makes no warranty of any kind with respect to user-generated Content, and specifically disclaims the implied warranties of merchantability, fitness, accuracy and non-infringement with respect to such Content. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL ATHLEON BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF ATHLEON IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE. Notwithstanding the foregoing, the potential liability of Athleon to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to Athleon for your use of the Service.

Athleon reserves the right at any time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Athleon will not be liable to you for any modification, suspension or discontinuance of the Service.

You agree that Athleon, 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, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that Athleon will not be liable to you for any termination of your access to the Service.

ATHLEON IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. ATHLEON DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ATHLEON DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

Neither Athleon nor any of its employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

The statements made about products have not been evaluated by the Food and Drug Administration (U.S.). They are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own physician or health care practitioner regarding the suggestions and recommendations made at Athleon.

You agree to indemnify, defend and hold harmless Athleon and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Service.

If you are a copyright owner and you believe your work has been copied and used improperly on the Athleon Service, please contact our copyright compliance officer. Please provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Athleon Service; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer via e-mail at help@athleon.com.

The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Athleon of strict performances of any provision of these Terms will not be a waiver of or prejudice Athleon's right to require strict performance of the same provision in the future or of any other provision of these Terms.

Athleon may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.