Terms and Conditions of Use of 55-Alive!

Welcome to 55-Alive!  We're glad to have you, and look forward to your participation on the 55-Alive! website located at url www.55-Alive.com(the Website). 

By using our Website, you agree to the following Terms and Conditions of Use (the Terms and Conditions), which govern the use of the Website.  Please read these Terms and Conditions carefully. 
  
We (55-Alive! LLC) reserve the right to amend these Terms and Conditions at any time, and without notification.  You should review the Terms and Conditions periodically to see if they have been revised (the most recent revision date is noted at the bottom of the Terms and Conditions).  If you don't agree with these Terms and Conditions, as they may be amended from time to time, please do not use the 55-Alive! Website.  These Terms and Conditions do not confer any rights or benefits to any third parties.
 
1.      Privacy.  Our Privacy Policy governs the use of information supplied to us by users.  The terms and conditions of this Privacy Policy are incorporated herein by this reference.  Please review carefully the terms and conditions of our Privacy Policy. 

2.      General use of Website.  You may not copy or reproduce any information or content on the Website without the prior written consent of 55-Alive!.  Some features of the Website may require that you first create a 55-Alive! membership account.  You are responsible for your account, and for keeping your password secure.  You agree not to provide or make available your password to anyone else, and agree to assume responsibility for any use or misuse of your 55-Alive! membership account.  If you access 55-Alive! through a computer used by others, you further agree to log-out of the 55-Alive! Website after each use.

3.     Third Party Links.  As part of providing information and content, our Website contains links to other websites.  We do not control the terms and use of such other websites or their privacy policies.  The terms and conditions of use and privacy policies of such other websites may differ substantially from our Terms and Conditions and our Privacy Policy; therefore, we strongly suggest reading the terms and conditions of use, the privacy policy, and any other similar documents of other websites before using them.    You agree that 55-Alive! and its officers, members, agents, managers, and employees, and the officers, members, agents, managers and employees of its subsidiaries, owners, and affiliates, shall not have any liability to you or anyone acting on your behalf for any damages or claims, or liability arising out of your use of any third party website that may be accessed through a link on our Website.

4.       Content Provided by Third Parties.  Our Website may incorporate content provided by third parties that require the submission of certain information (such as typing in a stock symbol) in order to provide the requested information (such as the current stock price).  If you are concerned about the privacy policy of any of these sites or any other third parties supplying content to 55-Alive!, please review their terms and conditions of use and privacy policies of such websites before submitting any information.

5.      55-Alive! Does Not Provide Professional Advice.  While our Website may contain articles and information from professionals (including, without limitation, doctors, attorneys, financial advisors, tax professionals, accountants, and/or other professionals), we are not engaged in providing professional advice, and no inference of professional advice should be made.  Legal, financial, tax, and other professional advice should be obtained only from professionals qualified to render such advice.  Further, by using our Website, you acknowledge and agree that (i) any information of any kind or nature whatsoever that may be provided in 55-Alive! is intended to be general in nature, (ii) such information may not be applicable in your situation, (iii) any information provided subsequently may become outdated or incorrect, and there is no obligation by either our company or any content provider to update any materials, and (iv) you will not rely on any information that may be provided in our Website or otherwise by us.  If you nonetheless choose to rely on articles or content furnished by 55-Alive! and/or included on our Website, you acknowledge and agree that you do so at your own risk.  No professional relationship between you or anyone acting on your behalf and our company or any person or entity providing any material for our Website shall be deemed to exist by virtue of your reliance upon any information, articles, content, or opinions that may be presented on our Website or otherwise.

6.       Opinions of Writers.  Articles, opinions, statements, information, material, and content presented on our Website reflect only the opinion of the respective writer or writers, and do not reflect the opinion of 55-Alive! LLC or any of its affiliates, or the employers of any of the writers or content providers, or the officers, directors, shareholders, owners, partners, or members of any such employers. 

7.       Postings on 55-Alive!   We may provide 55-Alive! Members with the ability to make postings (in the form of text, pictures, and images - collectively and individually referred to as Postings) on discussion boards or through groups, blogs, profiles, chat rooms, comments to articles, and otherwise (all of the foregoing collectively and individually referred to as the Boards).  Postings shall comply with the following:

 a.       Postings may not be made that are obscene, vulgar, defamatory, illegal, threatening, pornographic, demeaning, harassing in nature, or that harass, ridicule, or defame other users and/or their postings, or are violative or invasive of the rights of third parties (including, without limitation, any intellectual rights of third parties).

b.      Notwithstanding anything else contained herein to the contrary, we may at any time prohibit any user or member who we feel, in our sole determination, has violated any of these Terms and Conditions, and/or terminate the membership of any such person.  Such prohibition or termination may be made without any prior warning or notice; however, we may, at our discretion, provide notice to such member and advise of the reasons that a Posting is not in compliance with these Terms and Conditions. 

c.       By submitting a Posting, you thereby grant us a worldwide, non-exclusive, royalty-free right and license to use, display, adapt, modify, and prepare derivative works of such Posting on the Website, and further acknowledge that other users of 55-Alive! will have access to your Postings (such as by way of viewing information and content that you may place on your profile).  You will retain all ownership rights regarding your Postings.

d.       We are under no obligation to continue the use of the Boards or any aspect of the Boards, and we may discontinue their use at any time and without any notice to users or members.

8.     Prohibited Uses and Postings.   In connection with your use of 55-Alive! you agree not to:

a.    Permit anyone else to login under your username;

b.    Misrepresent who you are, or provide to us with any information (including your e-mail address) that is not correct;

c.    Impersonate anyone (whether living or deceased) or misrepresent your status or capacity (such as claiming to be acting in any official or representative capacity of 55-Alive!, or as a forum or group leader or moderator if this is not true);

d.    Make any Posting that is harmful to minors in any way or respect;

e.     Access 55-Alive! or 55-Alive Romance! in any manner other than through the login process;

f.     Make any Postings that in any way infringe upon the rights of any third party or person, or that you do not have the right to post;

g.    Engage in any misrepresentation in e-mail headers, e-mails, or other Postings;

h.   Send any e-mails through 55-Alive! that solicit any product or service, or provide an endorsement of any product or service;

i.     Harass or stalk anyone, or continue to contact any Member if the Member has made it known to you not to contact him or her; or send substantially duplicate or phishing e-mails to multiple recipients;

j.    Provide any stock, securities, or financial tips or advice, any information which could be deemed inside information under state or federal securities laws, rules, or regulations, or make or attempt to tout or endorse any stock or other securities;

k.      Provide advice in any Posting or in an e-mail that may only be legally provided by a duly licensed professional (such a doctor, attorney or CPA), irrespective of whether you have any required license or credentials;

l.   Post any Content that violates or encourages the violation of any law of the United States or any state, including, without limitation, posting any link to any website that encourages or promotes illegal activities of any kind or nature whatsoever;

m.    Post, e-mail, forward, transmit, or otherwise refer to any spam, junk mail, chain mail, or pyramid schemes, or encourage the use of the same or transmit any links to websites, blogs, or other electronic content that encourages the use of any of the foregoing;

n.    Make any Posting that encourages users to visit other dating websites;

o.    Engage in any conduct which interferes with the use by others of the Website;

p.    Engage in any conduct designed to interfere in the operation of the 55-Alive! (including 55-Alive Romance!), such as Trojan horses, viruses, spam, or malicious code; or

q.     Collect information regarding 55-Alive! or information posted by others and use the same in any manner whatsoever other than through the services made available on 55-Alive!
9.        Public Availability of Your Postings.  Content posted on 55-Alive! and 55-Alive Romance! in any public areas will generally be available to anyone who has access to the Internet. 
 
10.       No Pre-Screening of Postings.   55-Alive! has the right, but not the obligation, to pre-screen Postings.  If we become aware that any Postings violate any of these Terms and Conditions, we have the right, but not the obligation, to remove such Postings, with or without notification to the person making the Posting.  We have the sole right to determine whether any such violation has occurred.   If you believe that a violation has occurred, please report the violation through one of the links on the Site. 

11.        Copyright.   Except as specifically stated in these Terms and Conditions or in our Website, the layout of the 55-Alive! Website, the software and code relating to the Website, and all other aspects of the Website are all protected by United States and international copyright laws and other intellectual rights protection laws.    The Website includes articles, photographs, and other materials licensed from third parties, and we do not claim any right in such materials except for rights that may be conferred upon us pursuant to a license or similar agreement.  In addition, the Website includes or may include works and content created or developed by employees of the United States government or for the United States government, and therefore are in the public domain.  We do not claim any copyright in any of these works, or in any other works that are part of the public domain.

12.        Marks. Federal registration has been filed for the mark 55-Alive!  We or our affiliates or owners may also file for federal trademark or service mark registrations for other marks that we may display on our Website, either now or in the future, including, without limitation, the 55-Alive! mark, the 55-Alive Romance! mark, and the Team 55-Alive! mark.  In addition, we or our Affiliates claim trademark and/or service mark protection in other marks used in our Website or in the conduct of our business through common law.  All other trademarks used on the Website that refer to other companies are the property of their respective owners.

13.         Electronic Communications.   From time to time we may provide electronic communications to users and members.  By registering as a member, you agree that we may make such communications, including communications via e-mail.  It is your responsibility to keep your e-mail on our records up-to-date, and to ensure that there are no spam filters or other blocking which will prevent our e-mails from reaching you.  We shall have no liability to you for your non-receipt of any e-mail communications.   Because internet service providers and software providers frequently change practices which could allow our e-mails to be blocked in the future, the current delivery to you of an e-mail does not guaranty that future e-mails will be received, and we assume no liability for any such non-deliveries of e-mail.  If at any time you no longer wish to receive such communications, or if you wish to terminate your membership, please notify us via e-mail at Membership@55-Alive.com, and we will promptly terminate your membership and will not send you any further e-mails.

14.      55-Alive Romance!  55-Alive Romance! members agree to the following:
 
       14.1.    No Pre-Screening or Pre-Qualification of Members.  We do not pre-screen, qualify, investigate, or engage in background checks on any person in connection with his or her application or registration as a 55-Alive Romance! Member.  As such, we do not know whether any Members are who they claim to be, or whether any Postings made by any Members are accurate or truthful. 
 
      14.2      No Qualification of Compatibility.  We do not match up individuals or in any manner assess the compatibility of Members with other Members. 
 
      14.3.    Membership Registration.  In order to become a 55-Alive Romance! Member (a Romance Member) you must acknowledge that your have read and agree to these Terms and Conditions, the 55-Alive! Privacy Policy, and the 55-Alive Romance! Guidelines by checking the Agreed and Acknowledged box on the 55-Alive Romance! registration web page. 
 
15.      Postings and Other Information Collected and Stored on Our Servers.  In order to operate 55-Alive!, it is necessary to store information on our servers, including e-mails, posting data, and other types of data and information.  
 
16.       Messages and Communications to Others.  55-Alive! provides members with the ability to communicate with other members through Postings, e-mails, a live chat, and other communications.   While we attempt deliver all communications in the intended manner, we make no guaranty, representation, or warrant about the deliverability of any such communications, and disclaim any and all liability from the same.   You acknowledge that transmission of communications may involve communications over various networks, which may not be controlled by 55-Alive!, and which are likely to be interstate in nature. 
 
17.      Your Representations to Us.  55-Alive! is only available to those who are over 18 years of age, are legally capable of entering into a contract, and who can accept service of process in the United States.  By entering agreeing to these Terms, you agree that you meet all of these conditions, and that you will provide only true, accurate, and complete information.  Should any such information cease to be true, accurate, or complete, you agree to modify any such information to make the same true, accurate, and complete.  You further acknowledge that you are who you claim to be in the registration process. 


18.      Digital Millennium Copyright Act

     18.1     Notice.  If you are a copyright owner or an agent thereof and believe that any content provided in 5-Alive! infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

* Identification of the material that is claimed to be infringing to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

55-Alive!'s designated Copyright Agent to receive  notification of claimed infringement is Jeff Lantz, 121 Civic Center #136, Lake St. Louis, MO 63367, email: copyright@55-Alive.com.  You acknowledge that if you fail to comply with all of the requirements of this Section 18.1, your DMCA notice may not be valid.

     18.2     Counter-Notice.  If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may send a counter-notice containing the following information to the Copyright Agent:

* Your physical or electronic signature;

* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in St. Louis, Missouri, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, 55-Alive! may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at 55-Alive!'s discretion.

19.     No Representations or Warranties. 

     19.1      General.  YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER 55-ALIVE! LLC NOR ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, MEMBERS, SHAREHOLDERS, OWNERS, SUBSIDIARIES OR AFFILIATES, OR THE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, AND AGENTS OF SUCH PERSONS OR ENTITIES, (COLLECTIVELY55-ALIVE! AND ALL OF THE FOREGOING REFERRED TO AS, THE 55-ALIVE! PARTIES) MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE WEBSITE.  YOU FURTHER ACKNOWLEDGE THAT NONE OF THE 55-ALIVE! PARTIES MAKES ANY REPRESENTATION OR WARRANTY ABOUT THE WEBSITE, ITS CONTENT, THE CONTENT OF ANY WEBSITE THAT MAY BE LINKED TO OR REFERENCED IN THE 55-ALIVE! WEBSITE, OR THE SUITABILITY OF ANY CONTENT INCLUDED IN THE WEBSITE. 

     19.2      55-Alive Romance!   IF YOU CHOOSE TO PARTICIPATE IN 55-ALIVE ROMANCE!, YOU FURTHER ACKNOLWEDGE THAT YOU HAVE READ SECTIONS 14.1 - 14.3 OF THESE TERMS AND CONDITIONS, AS WELL AS THE 55-ALIVE ROMANCE! GUIDELINES, AND THAT YOU UNDERSTAND NEITHER 55-ALIVE! NOR ANY OF THE OTHER 55-ALIVE! PARTIES SHALL HAVE ANY OBLIGATION TO YOU OR ANYONE ACTING OR CLAIMING THROUGH YOU REGARDING YOUR USE OF 55-ALIVE ROMANCE!    

     19.3      No Liability.  ALL PERSONS USING THE 55-ALIVE! WEBSITE AND SERVICES PROVIDED BY 55-ALIVE! FURTHER ACKNOWLEDGE AND AGREE THAT NONE OF THE 55-ALIVE! PARTIES ASSUMES ANY LIABILITY OR REPSONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF ANY CONTENT OR POSTINGS, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE OR OTHER TANGIBLE OR INTANGIBLE INJURY OR DAMAGE RESULTING FROM, ARISING UNDER, OR DUE TO YOUR USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, 55-ALIVE ROMANCE!), ANY UNAUTHROIZED ACCESS TO OR USE OF SERVERS USED BY 55-ALIVE! OR IN CONNECTION WITH PROVIDING SERVICES FOR THE 55-ALIVE! WEBSITE, AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREON, (III) ANY VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED BY OR THROUGH 55-ALIVE! SERVERS, (IV) ANY CESSATION OR INTERRUPTION OF OUR SERVERS, OR THE INTERRUPTION IN TRANSMISSION OF INFORMATION TO OR FROM OUR SERVERS, (V) ANY ERRORS OR OMMISSIONS OF ANY CONTENT, OR FOR THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. 

     19.4      No Endorsement of Products or Services.  NEITHER 55-ALIVE! NOR ANY OF THE OTHER 55-ALIVE! PARTIES WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, OFFERED, PROMOTED, OR FEATURED IN ANY BANNER, ADVERTISING, OR OTHERWISE ON THE WEBSITE.  ANY TRANSCTION FOR ANY SERVICE OR PRODUCT, ADVERTISED, OFFERED, PROMOTED OR FEATURED ON THE 55-ALIVE! WEBSITE SHALL BE SOLELY BETWEEN YOU AND THE PERSON OR COMPANY OFFERING SUCH PRODUCT OR SERVICE, AND 55-ALIVE! WILL NOT IN ANY WAY INTEVENE OR BECOME INVOLVED WITH ANY SUCH TRANSACTION, AND YOU AGREE NOT TO MAKE 55-ALIVE! OR ANY OTHER OF THE 55-ALIVE PARTIES! A PARTY TO ANY LITIGATION OR PROCEEDING INVOLVING ANY SUCH TRANSACTION. 
 
20.     LIMITATION OF LIABILITY.  IN NO EVENT SHALL 55-ALIVE! LLC OR ANY OF THE 55-ALIVE! PARTIES HAVE ANY LIABILITY TO YOU OR ANYONE ACTING ON YOUR BEHALF ARISING OUT OF YOUR USE OF THE WEBSITE, OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES THAT MAY FLOW FROM YOUR USE OF THE 55-ALIVE! WEBSITE.

21.     INDEMNIFICATION.  BY USING THE 55-ALIVE! WEBSITE YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ANY AND ALL OF THE 55-ALIVE! PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LIABILITY, FINES, AND PENALTIES (COLLECTIVELY, DAMAGES) THAT MAY BE MADE AGAINST ANY OR ALL OF THE FOREGOING PARTIES BY YOU OR ANYONE ACTING ON YOUR BEHALF.  THESE DEFENSE AND INDEMNIFICATION OBLIGATIONS SHALL SURVIVE THESE TERMS AND CONDITIONS AND YOUR USE OF THE WEBSITE.

22.     Written Copy of Terms and Conditions.  To receive a copy of these Terms and Conditions in a non-electronic form, please send a self-addressed, stamped envelope to 55-Alive! LLC, 9979 Winghaven Blvd., Suite 212, O'Fallon, MO 63366.
 
23.     Assignment.  You may not assign, transfer, or convey any rights or licenses hereunder, but agree that 55-Alive! shall have the right to transfer any rights afforded to it without restriction.

24.     Miscellaneous.  

     24.1    Severability and Waiver of Rights.  If any of the provisions of this Terms and Conditions are deemed invalid, or for any reason deemed unenforceable, the remaining Terms and Conditions shall be unaffected and shall remain in full force and effect.  No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such terms or any other term, and 55-Alive!'s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of any right or provision.
24.2 Governing Law.  These Terms and Conditions shall be governed by the internal substantive laws of the State of Missouri without giving respect to such state's conflict of laws principles.

     24.3    Jurisdiction and Venue of Disputes.  Venue for any dispute arising under these Terms and Conditions and/or your use of the Website or any matter arising out of or in connection with to your use of the Website involving 55-Alive! and/or any of the 55-Alive! Parties shall be solely in the state courts, and consult to venue and the jurisdiction of such courts for the State of Missouri located in St. Louis, Missouri, and, by your use of this Website, you agree that your jurisdiction and venue for disputes arising under these Terms and Conditions shall lie solely with such courts. 

 
Revised July 17, 2007