TERMS OF USE

Last Updated:  March 3, 2008.

Welcome to ResuMMA, one of the world's fastest growing Mixed Martial Arts (MMA) web sites!  ResuMMA is a private forum that allows you to build your profile and connect with MMA enthusiasts around the world on the World Wide Web.  

This Web site (the ""Web Site"") is provided to you by ResuMMA (the ""Company"").  Where appropriate, the term the ""Company"" refers both to the Company and its affiliates.  All users of the Web Site are subject to the following terms and conditions of use (these ""Terms of Use"").

Please read these Terms of Use carefully before accessing or using any part of this Web Site.  By accessing or using this Web Site, you agree that you have read, understood and agreed to be bound by these Terms of Use, as amended from time to time, as well as the Company Privacy Policy [hyperlink], which is hereby incorporated into these Terms of Use.  If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.
The Company may revise and update these Terms of Use at any time without notice by posting the amended terms to this Web Site.  Your continued use of this Web Site means that you accept and agree to the revised Terms of Use.  If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.  It is your responsibility to regularly check the Web Site to determine if there have been changes to these Terms of Use and to review such changes.  
This Web Site contains user-generated content, information and promotional materials regarding mixed martial arts events, and links to third party Web sites, including links to third party merchants.  As discussed in further detail below, you use this Web Site at your own risk, and the Company is not responsible for third party content, services or events described herein.  You are solely responsible for any content you submit, post, transmit through, or link from the Web Site, and you, not the Company, have full responsibility for the legality, reliability and appropriateness of any such content.  Further, the Company is not responsible for the conduct, whether online or offline, of you or of any other user of the Web Site.  

The Company reserves the right to change any and all content, software and other items used or contained in the Web Site and any services offered through the Web Site at any time without notice.

ELIGIBILITY
Membership and use of this Web Site is void where prohibited. The Web Site is intended solely for users who are thirteen (13) years of age or older.  Any registration by, use of, or access to the Web Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using this Web Site, you represent and warrant that you are 13 years of age or older.



REGISTRATION
By using this Web Site, you represent and warrant that (i) all registration information you submit is truthful, complete, and current, (ii) you will maintain the security of your identification and password; and (iii) you will be fully responsible for all use of your account and for any actions that take place using your account.

FEES
You acknowledge that the Company reserves the right to charge for access and use of the Web Site and to change its fees from time to time in its discretion. If the Company terminates your access because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees.

USER CONDUCT  
You agree to use the Web Site only for lawful purposes:  

    (a)    You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Web Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

    (b)     You specifically agree not to upload, post, transmit, share, store or otherwise make available on the Web Site:

•    any video footage, video stills, or audio files of events, including fights, that (i) are currently or were previously shown on pay-per-view, or (ii) are unauthorized;
•    material that is, or may be, protected by copyright, without permission from the copyright owner;
•    material that is defamatory, indecent, obscene, harassing, violent, threatening, invasive of another's privacy, harmful to minors in any way, or otherwise objectionable;
•    material that degrades, abuses, or is hateful toward a fighter, a referee, a promoter, or a similar individual or entity;  
•    material that is pornographic, sexually-explicit, or includes links to material that is pornographic or sexually-explicit;
•    material that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
•    any advertisements or solicitations of business;
•    material, including any video footage, artwork, or photographs, other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
•    any private information of any third party, including, but not limited to, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
•    material that contains software viruses, corrupted data, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
•    content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;   
•    material that employs misleading e-mail addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of the content; or
•    material that, in the Company's sole discretion, constitutes ""spam,"" a chain letter, or the like.

    (c)     You further specifically agree not to do any of the following:  

•    use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
•    register for more than one user account or register for a user account on behalf of an individual other than yourself;
•    impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
•    use or attempt to use another's account, service or system without authorization from the Company;
•    solicit personal information from anyone under eighteen (18) years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;
•    intercept or attempt to intercept electronic mail not intended for you;
•    post irrelevant content or repeatedly post the same or similar content;
•    restrict or inhibit use of the Web Site by others;
•    collect information about others (including e-mail addresses) without their consent for any purpose, including for the purposes of sending unsolicited e-mails or other unsolicited communications;
•    contact anyone who has asked not to be contacted;
•    download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site);
•    intimidate, stalk, or harass another; or
•    engage in any other conduct that, in the sole judgment of the Company, restricts or inhibits anyone's use or enjoyment of the Web Site, or which, as determined by the Company, may harm the Company or users of the Web Site or expose them to liability.

    (d)    Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the Web Site and may expose you to civil and/or criminal liability.



USER-GENERATED CONTENT

    (a)    You understand that the Company is not responsible for content made available through the Web Site and that, under these Terms of Use, content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable may not be made available on the Web Site.  Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company.  

    (b)    The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site that the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement, or for any other reason; and (2) terminate any user's access to all or part of the Web Site without notice.  However, the Company can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted.  Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties.  The Company reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

    (c)    You understand and acknowledge that you are responsible for whatever content you submit, post, transmit through, or link from the Web Site and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness.  

    (d)    By uploading or otherwise transmitting material to any area of the Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Site.  Furthermore, by posting content to any part of the Web Site, you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, prepare derivative works of, incorporate into other works, reformat, translate, excerpt (in whole or in part), distribute, and sublicense such content for any purpose, commercial, advertising, or otherwise, on or in connection with the Web Site, including without limitation for promoting and redistributing part or all of the Web Site (and derivative works thereof), through any media channels and in any media formats (e.g., web-enabled mobile devices, streaming media), now existing or existing in the future. You may remove your content from the Web Site at any time.  If you choose to remove your content, the license granted above will automatically expire.  However you acknowledge that the Company may retain archived copies of your content.  The Company does not assert any ownership over your content; rather, as between the Company and you, subject to the rights granted to the Company in these Terms of Use, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content.    

    (e)    THE COMPANY IS NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON OR THROUGH THE WEB SITE. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE WEB SITE OR RELEASE TO OTHERS.

EVENTS PROMOTED ON THE WEB SITE
This Web Site allows users to upload, post, transmit, share, store or otherwise make available  information regarding mixed martial arts events.  For the purpose of this Section, the term ""Events"" includes all events, meetings, gatherings, or incidents that are promoted or publicized on this Web Site, whether legally sanctioned or unsanctioned.  

Under these Terms of Use, users are only authorized to upload, post, transmit, share, store or otherwise make available on the Web Site information regarding legally sanctioned Events. The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site that the Company deems, in its sole discretion, to relate to an unsanctioned Event; and (2) terminate any user's access to all or part of the Web Site for posting material relating to an unsanctioned Event.  However, the Company can neither review all material before it is posted on the Web Site nor ensure prompt removal of all material relating to unsanctioned Events after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties regarding unsanctioned Events.  The Company reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Your attendance at, participation in, or involvement in any way with any Event, whether legally sanctioned or unsanctioned, is at your own risk.  The Company is not responsible for and does not endorse any Events or the conduct, products, services or practices of any Company personnel, users or third parties involved with Events.  IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) ATTENDANCE AT, PARTICIPATION IN, OR INVOLVEMENT IN ANY WAY WITH ANY EVENT, WHETHER LEGALLY SANCTIONED OR UNSANCTIONED, OR (II) COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS WEB SITE OR PERSONS INTRODUCED TO YOU BY THIS WEB SITE.








USER INTERACTIONS AND DISPUTES
You understand and agree that (i) the Company may, but is under no obligation to, become involved if you have a dispute with one or more other users; (ii) you are solely responsible for your interactions with other users of this Web Site; and (iii) the Company makes no representations or warranties as to the conduct of any persons using the Web Site.  IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS WEB SITE OR PERSONS INTRODUCED TO YOU BY THIS WEB SITE.

PRIVACY; PROTECTION OF PERSONAL INFORMATION
The Company's use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy [hyperlink], which is incorporated by reference into these Terms of Use.  By using this Web Site, you are consenting to have your personal data transferred to and processed in the United States.

DEALINGS WITH ONLINE MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Web Site, including, without limitation, any Event sponsor or organizer, you acknowledge and agree that the Company is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant.  You agree that the Company will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Web Site.
LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
This Web Site contains links to other Web sites on the Internet.  The Company is not responsible for and does not endorse the content, products, services or practices of any third party Web sites, including, without limitation, sites framed within this Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy.  Your use of third party Web sites is at your own risk.  If you decide to leave this Web Site and access third party Web sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that these Terms of Use and the Company's other policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from this Web Site or relating to any applications you use or install from any third party Web site.





LIABILITY OF THE COMPANY
The Company does not assume any liability for the materials, information and opinions provided on, or available through, the Web Site, whether made available by the Company, Web Site users, or any other third party (the ""Site Content"").  Reliance on the Site Content is solely at your own risk.  The Company disclaims any liability for injury or damages resulting from the use of any Site Content.

The Web Site may be temporarily unavailable for maintenance or other reasons. The Company 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, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to your computer or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with this Web Site.  

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, PROPERTY INJURY, OR DEATH, RESULTING FROM USE OF THE WEB SITE, FROM ATTENDANCE AT, PARTICIPATION IN, OR INVOLVEMENT IN ANY WAY WITH AN EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE WEB SITE, OR FROM THE CONDUCT OF ANY USERS OF THE WEB SITE, WHETHER ONLINE OR OFFLINE.

THE WEB SITE, THE SITE CONTENT AND THE SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN ""AS IS"" AND ""AS AVAILABLE"" BASIS, WITH ALL FAULTS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEB SITE.  SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO,  PERSONAL INJURY, LOST PROFITS, LOST DATA, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT OR SOFTWARE FROM OR THROUGH THIS WEB SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.  

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'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 THE COMPANY FOR YOUR ACCESS AND USE OF THE WEB SITE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED ONE THOUSAND U.S. DOLLARS  ($1000 USD). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR YOUR ACCESS AND USE OF THE WEB SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Web Site or the delivery of products, services or information over the Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys' fees, arising from or related to (i) any violation by you of these Terms of Use, (ii) your use of the Web Site or any products, services or information obtained from the Web Site; (iii) any content that you upload, post, transmit, share, store or otherwise make available on the Web Site, whether the content was created by you or created by a third party, (iv) your conduct in connection with the Web Site or in connection with other users of the Web Site; or (v) any violation of any law or the rights of any third party.

COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by U.S. and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.  You are authorized only to use the content on the Web Site for personal use or legitimate business purposes.  You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. You may not disassemble, reverse engineer or otherwise attempt to discover any code contained in the Web Site.  Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with the Company or the applicable owner of such content.  Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site, or (c) use of this Web Site or of any services or materials available through this Web Site.    
TRADEMARKS
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates.  You may not use such marks without the prior written permission of the Company.  All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.
COPYRIGHT COMPLAINTS
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such intellectual property rights. Under the Company's policy, your access to the Web Site may be terminated if you infringe the intellectual property rights of others and will be terminated for repeated infringement.

If you believe that your work has been copied and posted on the Web Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and a description of where it is located on the Web Site; (iv) your address, telephone number, and e-mail address; (v) 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; and (vi) a 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. The Company's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Aaron Kleyn, ResuMMA, 25682 Blackhawk Lane, Lake Barrington, Illinois 60010, (847) 209-9403, info@ResuMMA.com.

If we remove your work from the Web Site because of an infringement claim, and you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have the necessary authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) 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; (iii) a statement, under penalty of perjury, 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 (iv) your name, address, telephone number, and e-mail address,  (v) a statement that you consent to the jurisdiction of the U.S. District Court for the Northern District of Illinois, and (vi) a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of that person.

If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that the Company may replace the removed content or cease disabling access to that content. Unless the copyright owner takes appropriate action, the removed content may be replaced, or access to it restored, at the Company's sole discretion.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company will terminate your access to this Web Site if it deems you to be a repeat infringer. The Company may also, in its sole discretion, limit your access to the Web Site and/or terminate your membership if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

ACCESS AND INTERFERENCE
You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Web Site or to collect information from the Web Site, (b) use any manual process to monitor or copy any of the material on the Web Site or for any other unauthorized purpose without the prior written consent of the Company, (c) use any device, software or routine that interferes with the proper working of the Web Site, (d) attempt to interfere with the proper working of the Web Site, (e) take any action that imposes an unreasonable or disproportionately large load on the Company's infrastructure, (f) access, reload or ""refresh"" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval, or (g) use the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site.

REPORTING IMPROPER CONDUCT
If you become aware of any content that may infringe the copyright or other intellectual property right of a third party or that you believe to be in violation of these Terms of Use, please contact our Copyright Agent as follows: Aaron Kleyn, ResuMMA, 25682 Blackhawk Lane, Lake Barrington, Illinois 60010, (847) 209-9403, info@ResuMMA.com.  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.

TERMINATION
You agree that the Company has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Web Site (or any part thereof), immediately and without notice, and remove and discard any content within the Web Site, for any reason, including, without limitation, if the Company believes that you have acted inconsistently with the letter or spirit of these Terms of Use. You agree that the Company shall not be liable to you or to any third party for any termination of your access to the Web Site.  Further, you agree not to attempt to access the Web Site after said termination.

GOVERNING LAW; JURISDICTION; ARBITRATION
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles.  With respect to any disputes or claims not subject to arbitration (as set forth below), you understand that exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site shall be in the state or federal courts located in or near Cook County, Illinois.  You agree to submit to the jurisdiction of such courts, and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in or near Cook County, Illinois.  
EXCEPT AS MAY OTHERWISE BE PROVIDED, YOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR THE WEB SITE (INCLUDING YOUR VISIT TO OR USE OF THE WEB SITE) SHALL BE FINAL AND BINDING ARBITRATION.  However, to the extent that (i) the Company has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or (ii) you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.  Arbitration under this Agreement shall be conducted using the dispute resolution procedures of the American Arbitration Association (AAA) in Chicago, Illinois, USA.  The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  The foregoing shall not prevent the Company from seeking injunctive relief in a court of competent jurisdiction.  
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.  
COMMENTS AND SUBMISSIONS
The Company welcomes your comments.  All comments, suggestions, questions, ideas, or other information sent by you to this Web Site for internal use by the Company or its advertisers or business partners in response to solicitations on this Web Site  (your ""Comments"") will become the Company's property and you agree that all intellectual property rights therein are transferred to the Company.  The Company thus shall be entitled to the unrestricted use and dissemination of your Comments for any purposes, commercial or otherwise, without acknowledgment or compensation to you. You further understand that any postings, or content submitted for posting, to publicly available portions of the Web Site are non confidential for all purposes.

COMPLIANCE
The owner of this Web Site is based in the State of Illinois, USA.  The Company makes no representation that materials in this Web Site are appropriate or available for use in other locations.  If you access this Web Site from other locations, you are responsible for complying with local laws.

MISCELLANEOUS
These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect.  Any cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties.  The other provisions of these Terms of Use shall remain in full force and effect.
The Company's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision.  Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.

CONTACT
Please visit our Help Page [hyperlink] for more information.
CH01/ 13501257.8