Terms of Service
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Last Revision: July 5, 2010
 
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Effective March 10th, 2007: (Updated July 5, 2010)

Applies to all communities and sites in the AchievingLife Network: BikerTouring.com & AchievingLife.

Applies to members, partners, visitors, and all related entities.

AchievingLife Network Terms of Use Agreement

1) AchievingLife Network, specifically BikerTouring, is a community networking service that allows members to create original personal profiles online in order to find, communicate, network with old and new friends, and to be introduced to tips, information, and businesses to check out in their own community and as they tour the US. The service is operated primarily from AchievingLife.com with the launch of BikerTouring.com as its own site by September 2010.
By using any site within the AchievingLife Network you agree to be bound by these Terms of Use. If you wish to become a member, communicate with other members and make use of our services, please read this agreement and indicate your acceptance by following the instructions in the registration process.
This agreement sets out the legally binding terms for your use of membership in our services. The AchievingLife Network may modify this agreement from time to time and such modification shall be effective upon posting on any/all of the sites. You agree to be bound to any changes to this agreement when you use the service after any such modification is posted. This agreement includes AchievingLife Network's policy for acceptable use and content posted on the site, your rights, obligations and restrictions regarding your use of the website and the service and AchievingLife Network's Privacy Policy.

2) Please choose carefully the information you post on any of the pages within the AchievingLife Network and that you provide to other members.
Information you post on your profile(s) may be visible to members and should be tasteful. To post profiles or be a part of AchievingLife Network you are acknowledging that you are at least 18 years of age. No one under the age of 18 is allowed to create a user profile at this time.
Your profile(s) may include contact information but AchievingLife Network will hold no responsibility for any contact that is made or the results of such contact. Photos that are linked to or posted on your profile whether for personal viewing or on a public profile, may not contain nudity, violence, offensive subject matter, or be copyrighted images *unless you have permission to use such image.
If your profile is reported to have any such photos directly on your profile or directly linked from your profile your account can be deleted. AchievingLife Network is not responsible for the actual content of links which members provide to outside sites - or material posted by an individual on sites within the AchievingLife Network. AchievingLife Network assumes no responsibility or liability for information that is on a members profile that may be considered inaccurate, inappropriate, or offensive, as well as products or services that may appear. If a members profile does contain the offering of illegal services please report that profile and it will be reviewed and may result in deletion of account.

3) AchievingLife Network reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the website and/or services at any time, for any or no reason, with or without prior notice, and without liability.

4) By participating in any offline AchievingLife Event, or affiliated event, you agree to release and hold AchievingLife including any site within the network and all owners, moderators, and administrators harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline event.

5) Eligibility. Membership in the service is void where prohibited. By using the website and the service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the AchievingLife Network shall not violate any applicable law or regulation.
Your profile may be deleted without warning, if it is found that you are misrepresenting yourself in information provided to us during registration, on your profiles, or in any activity related to AchievingLife Network or its affiliates and subsidiaries. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or homepages. You are solely responsible for all Content published or displayed through your account, including postings in forums, and for your interactions with other members.

6) Term/Fees. This agreement shall remain in full force and effect while you use the website, the service, and/or are a member. You may terminate your membership at any time, for any reason. AchievingLife Network can and may terminate your membership for any reason, with or without sending notice to you at the email address you provide in your membership application or such other email address as you may subsequently provide to AchievingLife Network. If AchievingLife Network terminates your membership in the service because you have breached the agreement, you shall not be entitled to the refund of any portion of verification, registration, or associated fees. Even after membership is terminated, this entire agreement will remain in effect. AchievingLife Network's Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the service and by becoming a member, you acknowledge that we reserve the right to charge for the service and have the right to terminate a member's membership should member breach this agreement.

7) Non Commercial Use by Members. The website is for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of AchievingLife Network. Illegal and/or unauthorized use of the website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the website may be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by AchievingLife Network for any illegal or unauthorized use of the website.

8) Proprietary Rights in Content on any site within the AchievingLife Network. AchievingLife Network owns and retains all proprietary rights in the website and the service. The website contains copyrighted material, trademarks, and other proprietary information of AchievingLife Network and its licensors. Except for that information for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

9) Content Posted on the Site.
a. You understand and agree that AchievingLife Network may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of AchievingLife Network violate this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any member
b. You are solely responsible for the Content that you publish or display/post throughout the website or any material or information that you transmit to other members. AchievingLife Network does not police all activity and can not be held liable for material, contact, actions by members.
c. By posting any Content to the public areas of the website, you hereby grant to AchievingLife Network the non-exclusive, fully paid, worldwide license to use, publicly perform and display such content on the website. This license will terminate at the time you remove such Content from the website. You represent and warrant that:

  • (i) you own the content posted by you on the website or otherwise have the right to grant the license set forth in this section, and
  • (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person or entity. You agree to pay for all royalties and fees owing any person by reason of any content you post on the Website.

d. The following is a partial list of the kind of content that is illegal or prohibited on the website. AchievingLife Network reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators. Prohibited Content includes Content that:
  • i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual - if as an individual member you are posting an ad for a roommate AchievingLife Network does not hold any responsibility for requirements put forth by the person looking for a roommate, if you are a business you must follow the laws of the fair housing act and still Acheiving Life is not responsible for the actions of the business;
  • ii. harasses or advocates harassment of another person;
  • iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
  • x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. It is recommended that you do not include in your member profile any telephone numbers, street addresses, or full names if you are trying to protect your own privacy, by supplying any contact information you are taking full responsibility for any results.
g. You may not engage in advertising to, or solicitation of, any member to buy or sell any products or services through the service. You may not transmit any chain letters or junk email to other Members. Although AchievingLife Network cannot monitor the conduct of its members off the website, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, AchievingLife Network reserves the right to temporarily or permanently remove any member from the site who AchievingLife Network deems appropriate in its sole discretion.
h. You may not attempt to impersonate another user or person who is or is not a member of AchievingLife Network. This includes creating fake accounts for bands, artists, or even your professor.
i. You may not use the account, username, or password of another member at any time nor may you disclose your password to any third party or permit any third party to access your account.
j. Any automated use of the system, such as using scripts to add friends, is prohibited.
k. You may not sell or otherwise transfer your profile.

10) Copyright Policy. You may 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. It is the policy of AchievingLife Network to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to AchievingLife Network by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the service in a way that constitutes copyright infringement, please contact us with the following information:

  • i. A description of the copyrighted work that you claim has been infringe;
  • ii. A description of where the material that you claim is infringing is located on the website;
  • iii.Your address, telephone number, and email address;
  • iv. A written 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;
  • v. 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;


11) Member Disputes. You are solely responsible for your interactions with other AchievingLife Network Members. AchievingLife Network reserves the right, but has no obligation, to monitor disputes between you and other members.

12) Privacy. Use of the website and/or the Service is also governed by our Privacy Policy.

13) Disclaimers. AchievingLife Network is not responsible for any incorrect or inaccurate content posted on the website or in connection with the service provided, whether caused by users of the website, members or by any of the equipment or programming associated with or utilized in the service. AchievingLife Network is not responsible for the conduct, whether online or offline, of any user of the website or member of the service. AchievingLife Network assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. AchievingLife Network is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any website or combination thereof, including any injury or damage to users and/or members or to any person's computer related to or resulting from participation or downloading materials in connection with the website and/or in connection with the service. Under no circumstances shall AchievingLife Network be responsible for any loss or damage, including personal injury or death, resulting from use of the website or the service or from any content posted on the website or transmitted to members, or any interactions between users of the website, whether online or offline. The website and the service are provided "AS-IS" and AchievingLife Network expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AchievingLife Network cannot guarantee and does not promise any specific results from use of the website and/or the service.

14) Limitation on Liability. IN NO EVENT SHALL AchievingLife Network BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF AchievingLife Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AchievingLife Network'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO AchievingLife Network FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

15) Disputes. If there is any dispute about or involving the website and/or the service, by using the website, you agree that any dispute shall be governed by the laws of the State of Florida without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida.

16) Indemnity. You agree to indemnify and hold AchievingLife Network, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the service in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above.

17) Other. This agreement is accepted upon your use of the website and is further affirmed by you becoming a member of the service. This agreement constitutes the entire agreement between you and AchievingLife Network regarding the use of the website and/or the service. The failure of AchievingLife Network to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this agreement. AchievingLife.com and AchievingLife.com are the official sites for the AchievingLife Network

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.