ACTIVEAMERICANS.COM
Website Privacy Statement
Website
Security
Collection
of Non-Personally Identifiable Information; Cookies
Collection
of Personal Information
Children’s Privacy
Use of Collected Information;
Sharing
Disclosure
Exceptions
Links to Other Sites
Access to
Collected Information
Contacting Us
Changes to
this Privacy Policy
Membership
& Refund Policy
User
Agreement
PRIVACY POLICY
ActiveAmericans.com is committed to protecting any
personal information that you may provide to us. Accordingly, we want you to
know and understand our practices with regard to collecting and using your
information and the steps we take to safeguard it. Specifically, this notice
discloses the privacy practices of ActiveAmericans.com including:
ü What information of yours is collected
ü How the information is used
ü With whom the information may be shared and the “Never Ever, Ever
Guarantee”
ü What choices are available to you regarding collection, use and
distribution of the information
ü What security procedures are in place to protect your information
ü How you can correct any inaccuracies in your information
This Privacy Policy (or “Policy”) applies to
personally identifiable information collected only online within the United
States. Users located outside the United States should not provide any personal
information or personally identifiable information via this site.
ActiveAmericans.com, LLC is sometimes referred to in this Policy as
“ActiveAmericans.com,” “we,” “us,” or “our.” The term “you,” “your” or
“yourself” shall refer to the user who is browsing this site (“Site”).
By providing personal information to this Site
and/or by using this Site, all users, fully understand and consent to the
collection and processing of such information in the United States of America
and to ActiveAmericans.com processing of personal information for the purposes
set forth below.
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Website Security
For your protection, any and all on-line data must
pass through our secure server. The security protocol that is utilized is
called Secure Socket Layer (SSL). SSL protects data transmissions between your
PC and our secure server and utilizes authentication and encryption technology.
This method of cryptography means that your personal information cannot readily
be deciphered by unauthorized individuals. Our secure server uses encryption
verified by Thawte, a provider of secure online
certificates.
Unfortunately, no electronic communication over the
Internet can be guaranteed to be 100% secure. While we strive to take great
care to protect your personal information, ActiveAmericans.com cannot warrant
the security of any information that you submit to us, and you do so at your
own risk. Remember to sign off of this Site and close your browser window when
you are finished using the Site. This is to ensure that others cannot pose as
you online.
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Collection of Non-Personally Identifiable Information; Cookies
As part of the standard operation of this Site, we
may collect/obtain certain non-personal information from you including, but not
limited to, your browser type (e.g., Netscape or Internet Explorer), operating
system (e.g., Windows or Macintosh), Internet Service Provider (“ISP”), IP
address, Web sites visited, and the domain name from which you accessed this
Site (e.g., yahoo.com). In addition, we may collect information about your
browsing behavior, such as the date and time you visited this Site, the areas
or pages of this Site that you visit, the amount of time spent viewing this
Site, and other click-stream data.
Further, most Web sites use "cookies" and
so do we. A cookie is a bit of information (a small text file) that is stored
on a visitor's hard drive and enables the server to recognize your computer
when it visits again, in order to track statistical information about
navigation to and throughout certain areas of this Site. Cookies helps us learn
how large groups of people use the Site, and helps us collect information to
track usage patterns, browsing behavior and assess Web content and structure,
as well as to tailor the Site to your interests and preferences and make the
Site more convenient for you. This cookie is not used to obtain your name or
any personal information.
You have the ability to accept or decline cookies.
If you prefer not to accept cookies, you can set your web browser to reject
them or to alert you before one is placed, but in doing so you may not be able
to use certain features on this Site. The "help" segment of the
toolbar on most browsers explains how to configure a browser to not accept new
cookies, how to have the browser inform a user when they receive a new cookie,
and how to erase cookies from a computer's hard drive.
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Collection of Personal Information
You are free to use many features of the
ActiveAmericans.com Site on an anonymous basis without registering or providing
any personal information.
Of course, users who request contact from an
ActiveAmericans.com representative or e-mail us a question must provide their contact
information (such as name, street address, city, state, zip code, phone number,
e-mail address) so that we may respond to your request. Other information may
also be needed to process an inquiry (such as date of birth, member number or
the last four digits of your social security number).
We may also request personal information from you
in connection with your use of, or participation in, optional features,
activities, tools and services we may make available on our Site from time to
time. In order to use or participate in many of ActiveAmericans.com optional
features, activities, tools and services, we ask you to register to become a
member, which requires a paid membership. During this member registration
process, we will ask you for personally identifiable information such as your
name, e-mail address, mailing address, zip code, telephone number, gender,
credit card information, member name and password.
You may also have the opportunity to purchase
merchandise and/or services through ActiveAmericans.com or our e-commerce
partners. To purchase merchandise and/or take advantage of these services you
may be asked to provide personal information either to ActiveAmericas.com or
our e-commerce partners.
In addition, certain ActiveAmericans.com membership
privileges, such as the Auto Club, are provided to you by third parties. To
activate these benefits, we may ask that you provide us with personal
information such as your name and address.
Again, you do not have to disclose any personal
information if you do not want to. You can always decide not to use the
optional features and services that require the submission of such information.
The choice is yours. We are only interested in offering you convenient online
services that match your interests and needs.
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Children’s Privacy
This Site, and any products or services provided
via this Site, is not intended to target, and are not structured to attract,
children under the age of 13. If ActiveAmericans.com discovers personal data
from a child, ActiveAmericans.com will eliminate that data.
Use of Collected Information; Sharing
Non-Personally Identifiable Information
Information that we collect from you regarding your
browser type, operating system, ISP, IP address, Web sites visited, and the
domain name from which you accessed this Site is not used by us to personally
identify you, but instead is compiled and analyzed on an aggregated basis to
measure our users’ habits. This helps ActiveAmericans.com to better understand
and serve our users, including personalizing your visits to the Site,
administering business, improving site navigation, measuring the effectiveness
of our promotional placements, and notifying you of events, information,
materials, products and services that may be of interest to you.
ActiveAmericans.com may disclose the non-personally identifiable information
collected, in aggregate form only, to third parties including advertisers or
potential advertisers to help them understand who the ActiveAmericans.com
audience is, so that they can determine which of their products or services are
most appropriate for our users.
Such non-personally identifiable information may be
combined with your personal information and may be shared with
ActiveAmericans.com subsidiaries, affiliates under common control or ownership
with ActiveAmericans.com (“Affiliates”), and third party service providers in
accordance with this Policy.
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Personally Identifiable Information
Pursuant to our “Never Ever, Ever Guarantee,”
ActiveAmericans.com will never rent or sell personally identifiable information
about you to any third party for any reason without your consent.
ActiveAmericans.com uses your personal information
to respond to your requests for information or contact from an
ActiveAmericans.com representative and to contact you if it becomes necessary
to do so. We may also share your personal information with our subsidiaries and
Affiliates (such as the ActiveAmericans.com Foundation, a non-profit
organization) to better serve you.
We may use personal information for
ActiveAmericans.com marketing and promotional purposes. For example,
ActiveAmericans.com may send you e-mails and newsletters regarding promotions,
contests, products, services, announcements, information, changes and updates
that we think might be of interest to the users of our Site. You may
"opt-out" at any time from such usage, even after you have provided
personal information, by sending an email to us at info@activeamericans.com.
Please note, however, that under certain circumstances, if you
"opt-out," you may not be eligible for certain benefits for which a
name, e-mail address, telephone number or other personal identification
information is needed.
Like most organizations, we also hire agents and
contractors to provide certain administrative and other services on our behalf.
Such agents and contractors have access to your personal information only to
the extent necessary to perform their functions.
If you purchase a membership from
ActiveAmericans.com, we use Paypal to assist us in processing your order and
payment to ActiveAmericans.com. Because the personally identifiable information
you provide to Paypal is collected by and controlled by Paypal,
ActiveAmericans.com encourages you to read Paypal's privacy policy before
providing any personal information to Paypal.
When you provide personally identifiable
information to one of ActiveAmericans.com e-commerce partners, this transaction
will occur on the e-commerce partner's Web site. As such, the personally
identifiable information you provide is collected by and controlled by the
privacy policy of that e-commerce partner. It is important that you familiarize
yourself with the privacy policy of the e-commerce Web site with which you
transact business.
Please remember that any information you disclose in
ActiveAmericans.com public forum areas such as chat rooms, profiles, message
boards, blogs and IM chat features, becomes public information and is
accessible on the Site. What you have written may be seen, disclosed to or
collected by third parties and may be used by others in ways we are unable to
control or predict. Therefore, it is important for you to exercise discretion
and appropriate caution when deciding to reveal personal information in these
areas, as we cannot guarantee the security of information you post in such
areas. Please also remember to use care in protecting your identity when you
choose a member name, which can be viewed by other ActiveAmericans.com members
in conjunction with the information you disclose in the public forum areas, and
to keep your member name and password confidential.
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Disclosure Exceptions
Though we make every effort to preserve your
privacy we may need to disclose personal information to appropriate third
parties if we are required to do so by law or we believe that such action is
necessary:
·
To comply with legal process such
as a search warrant, subpoena or court order;
·
To protect ActiveAmericans.com
rights and property or defend against legal claims;
·
To protect any other party’s
rights, property, and safety;
·
To report to any law enforcement
agency any activities that we, in good faith, believe to be unlawful;
·
To investigate, prevent or take
action regarding illegal activities, suspected fraud, situations involving
harassment, abusive messages or potential threats to the physical safety of any
persons;
·
To protect against misuse or
unauthorized use of our Site; or
·
During emergencies, such as when
we believe someone's physical safety is at risk; or
·
In the event that ActiveAmericans.com
and/or its subsidiaries are ever sold, acquired, merged, liquidated,
reorganized, or otherwise transferred, we reserve the right to transfer our
user databases, together with any personally identifiable information contained
therein, to a third party acquiring the assets. In the event we do so, we will
place a prominent notice of the sale on the homepage of our Site, with links to
information as to how you can change your privacy preferences. Under the USA
Patriot Act, ActiveAmericans.com may be restricted from notifying individuals
that such information has been disclosed.
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Links to Other Sites
This Site may contain links to other third-party Web
sites. While we try to link only to third-party Web sites that share our high
standards and respect for privacy, ActiveAmericans.com Policy and privacy
practices do not extend to and may differ from third-party Web sites that can
be accessed through links on this Site. We are not responsible for the content,
security, or privacy practices employed by other third-party Web sites. If you
are concerned, please consider the privacy policies on the third-party Web site
before registering or navigating those sites.
Access to Collected Information
You may review, update and delete any personal
information that you provide to us through this Site by contacting us as
described below under “Contacting Us.”
Contacting Us
If you have any questions or concerns about this
Policy or if you would like to review, update and delete any personal
information that you provide to us through this Site, please contact us at info@activeamericans.com.
We welcome your questions and
suggestions about our Policy.
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Changes to this Privacy Policy
ActiveAmericans.com reserves the right to change
this Privacy Policy at any time in its sole discretion without prior notice to
you. If we revise this Privacy Policy we will post the most current version
here as soon as it takes effect, so that you are always aware of what
information we collect, how it is used, under what circumstances, if any, it is
disclosed and what choices you have. We encourage you to review the Privacy
Policy regularly for any changes.
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ACTIVEAMERICANS.COM
User
Agreement
Notices
Terms
and Conditions of Use
Termination
Privacy Policy
Ownership; Copyright and
Trademark Information
Limited License;
Restrictions on Use of Materials
Forums
and Public Communication
Information/Submissions
Provided by You
Disclaimer
Third Party Web Sites
External Links to this Site
Limitation of
Liability
Indemnification
Transfer of Rights by
ActiveAmericans.com
Choice
of Law, Notice Regarding State Laws, Jurisdiction, Entire Agreement
Contact Information
Membership
& Refund Policy
Privacy Policy
TERMS AND CONDITIONS OF USE
This site (“Site” or ACTIVEAMERICANS.COM) is
provided by ACTIVEAMERICANS.COM, LLC (referred to as
"ActiveAmericans.com," "we," "us," or
"our" herein). The term “you,” “your” or “yourself” shall refer to
the user who is browsing this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE OF
THIS SITE (“Terms”) CAREFULLY BEFORE USING THIS SITE. They govern your access
and use of this site. By REGISTERING AS A ACTIVEAMERICANS.COM MEMBER, accessing
or using this Site or downloading any materials from this site, you signify
your assent to these Terms. If you do not agree to these Terms, please exit
this site immediately and refrain from using the Site.
We reserve the right, at our sole discretion and
without prior notice, to change, modify, add, or remove any or all portions of
the Site or these Terms at any time. Please check these Terms periodically for
changes, as changes shall be immediately effective when posted to this Site.
Your access to and continued use of ActiveAmericans.com following the posting
of changes to these terms (including the ACTIVEAMERICANS.COM Privacy Policy)
shall constitute your acceptance of those changes.
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TERMINATION
You agree that ActiveAmericans.com may at any time,
terminate, change, suspend or discontinue any aspect of this Site, including
the availability of any features of this Site or the Site Content at any time.
ActiveAmericans.com may also impose limits on certain features and/or services
or restrict your access to parts or all of this Site or Site Content without
notice to you or liability on the part of ActiveAmericans.com. You agree that
ActiveAmericans.com may at any time, terminate the authorization, rights and
limited license granted herein, including your right to access this Site and
Site Content.
The provisions in the Terms regarding ownership of
Site Content and Site Code, confidentiality, the disclaimer of warranty,
limitation of liability and indemnification shall survive such termination.
PRIVACY POLICY
ActiveAmericans.com is concerned about your privacy
and has developed a policy to address privacy concerns. You can find the
current privacy policy by clicking on the following link: Privacy
Policy
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OWNERSHIP; COPYRIGHT AND TRADEMARK INFORMATION
All Site Content and Site Code is the exclusive
property of ActiveAmericans.com. The name “ActiveAmericans.com” and all
trademarks, service marks, trade names, trade dress, copyrights, patent rights
and other proprietary rights in, associated with or utilized on this Site, the
Site Content or Site Code are the properties of ActiveAmericans.com or its
licensors. The names of other companies mentioned herein may be the trademarks
of their respective owners. Nothing in these Terms or any Site Content shall convey
to you an ownership interest in any trademarks, service marks, trade names,
trade dress, copyrights, patent rights and other proprietary rights in this
Site or any Site Content or Site Code.
All Site Content and Site Code is Copyright © 2007,
ActiveAmericans.com, LLC and/or subject to the copyright of its licensors or
third-party content providers. All rights reserved.
“Site Content” means any data, software, text,
information, material, statements and images, as well as graphics, interactive
features, video and audio, if any, displayed and/or used on this Site. “Site
Code” refers to any and all underlying elements of this Site, including, but
not limited to, any source code, object code and other sets of statements or
instructions that relate to the operation or functions of this Site.
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LIMITED LICENSE; RESTRICTIONS ON USE OF MATERIALS
Subject to the terms and conditions set forth
herein and subject to your compliance with the Terms, ActiveAmericans.com
grants you a non-exclusive, non-transferable, terminable, limited right to
access and use this Site and Site Content for your personal, informational
purposes only. ActiveAmericans.com authorizes you to view and download Site Content
only for your personal, non-commercial use. You may download one (1) copy of
the Site Content on any single computer for your personal, non-commercial home
use only, provided you keep intact all copyright, trademarks, service mark and
other proprietary notices contained therein.
You further agree (a) not to modify, copy,
republish, reproduce, reprint, transmit, distribute, post, alter or creative
derivative works (or facilitate someone else in taking the foregoing actions)
of any Site Content or Site Code in any manner or use such Site Content or Site
Code in a manner not expressly authorized by the Terms without the express
written permission of ActiveAmericans.com; (b) not to interfere with,
interrupt, disrupt or create an undue burden on the Site in any way, or attempt
to do any of the foregoing; (c) not to place any Site Content or Site Code on a
network or personal or commercial website; (d) not to access or use any secure,
password protected, or non-public areas of the Site without obtaining a member
name and password from ActiveAmericans.com or authorization from
ActiveAmericans.com, as the case may be; (e) not to use the account, member
name, or password of another Site member at any time or disclose your password
to any third party or permit any third party to access your account; (f) to
notify ActiveAmericans.com immediately if you suspect any unauthorized use of
your account or access to your password; and (g) not to frame, link, associate
with advertisements or commercially exploit this Site, Site Content or Site
Code without the express written permission of ActiveAmericans.com.
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FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin
board, blog, profile, e-mail function or other interactive feature or service
offered as part of the Site and includes both public and private forums. You
are solely responsible for all content, whether publicly posted or privately
transmitted, that you upload, post, e-mail, transmit, or otherwise make
available on the Site. The Forums shall be used only in a non-commercial
manner. You agree not to, without our express written approval, upload, post,
distribute, transmit, publish or otherwise make available to or on the Site any
content, information, materials, file, data, video, image and audio that:
- is false, misleading, inaccurate, libelous,
defamatory, obscene, pornographic, threatening, harassing, invasive of
privacy or publicity rights, abusive, profane, threatening, stalking,
harmful, injurious, offensive, or otherwise objectionable;
- infringes the intellectual property or
proprietary rights, including copyrights, of any third party;
- violates any law, regulation or contract with
or obligation to any third party;
- advocates illegal activity or promotes
violence, drug use, illegal gambling or other criminal activity;
- advertises or otherwise solicits funds or are
a solicitation for goods or services;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive
subject matter or contains a link to an adult website;
- solicits personal information from anyone
under 18;
- contains stock touts;
- involves the transmission of surveys,
"junk mail," "chain letters," or mass mailing, instant
messaging, "spimming," or "spamming";
- solicits passwords or information, personal or
otherwise, for commercial or unlawful purposes from other Site users;
- involves commercial activities and/or sales
such as contests, sweepstakes, barter, advertising, or pyramid schemes;
and
- includes a photograph, image or video of another person without that
person's express written consent.
Furthermore, you agree not to:
- use any Forum in a commercial manner;
- collect, upload, post, distribute, transmit,
publish or otherwise make available personal information, data, files,
images, photographs or audio or video of other Site users without their
express written consent;
- use any user information, personal or
otherwise, obtained from the Site in order to contact, advertise to,
solicit, or sell to any user;
- solicit other Site members to join or become
members of any commercial or non-commercial online service or other
organization;
- attempt to impersonate another person or
entity, whether actual or fictitious, including impersonating an employee
of ActiveAmericans.com or misrepresent your affiliation with any person,
entity or organization;
- use an inappropriate member name of any kind;
and
- post,
upload, e-mail, or otherwise transmit any file or materials that contains
any malicious computer code (including spyware, worms, Trojan horses,
viruses, etc.).
ActiveAmericans.com has the right, but not the
obligation, to monitor and edit or remove from the Site any activity or
content, information, data, images, files, audio, video and other materials
generated or posted, uploaded, transmitted, or otherwise made available by you
or third parties.
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INFORMATION/SUBMISSIONS PROVIDED BY YOU
Any ideas, suggestions, materials, content,
information, files, data, images, audio or video that you provide to
ActiveAmericans.com in any form or medium or any creative suggestions, ideas,
notes, drawings, concepts, or other information that you provide to
ActiveAmericans.com or submit via this Site are provided pursuant to the terms
and conditions set forth herein and are collectively referred to herein as the
"Work."
ActiveAmericans.com does not want you to, and you
should not, send any confidential or proprietary information
to ActiveAmericans.com. You agree that any information or materials
that you or individuals acting on your behalf provide
to ActiveAmericans.com will not be considered confidential or proprietary.
By providing any Works to ActiveAmericans.com,
and in consideration of your continued right to use the Site, you agree
that such Work shall, upon receipt by ActiveAmericans.com, be deemed to become
and shall remain the property of ActiveAmericans.com. You hereby irrevocably
assign and transfer to ActiveAmericans.com all right, title and interest
(including, without limitation, all copyrights and all other intellectual
property rights) in and to the Work. You represent and warrant that: (i) you are the sole and exclusive owner of all right, title
and interest in and to the Work; (ii) you have the full right, power and
authority to assign the Work to ActiveAmericans.com; and (iii) such Work does
not violate the Terms, including, but not limited to, the restrictions set
forth in the section of the Terms titled “Forums and Public Communication.”
None of the Work shall be subject to any obligation of confidence on the part
of ActiveAmericans.com, and ActiveAmericans.com shall not be liable for any use
or disclosure of all or part of the Work. Without limiting the foregoing, you
agree that ActiveAmericans.com shall exclusively own all now known or hereafter
existing rights to the Work of every kind and nature (including all moral
rights) throughout the world, and ActiveAmericans.com shall have the right to
use the Work, including but not limited to, in furtherance of
ActiveAmericans.com business and ActiveAmericans.com shall be entitled to
unrestricted use of the Work for any purpose whatsoever, commercial or
otherwise, without any compensation to you.
You further agree that any and all of the rights
granted to ActiveAmericans.com herein can be assigned and sublicensed by
ActiveAmericans.com in its sole discretion.
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DISCLAIMER
The Site contains content that ActiveAmericans.com
creates as well as content provided by third parties, including, but not
limited to, our users and advertisers. This content includes, among other
things, product and service reviews, opinions, views and information about
products and/or services offered by parties other than ActiveAmericans.com.
Your use of this Site and Site Content and the purchase of products and/or
services from third parties are entirely at your own risk.
THE INFORMATION AND MATERIALS IN THIS SITE, THE
SITE CONTENT AND SITE CODE ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
ACTIVEAMERICANS.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF
ANY KIND RELATING TO YOUR ACCESS AND/OR USE OF THIS SITE, SITE CONTENT AND THE SITE
CODE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (a)
SUITABILITY FOR ANY PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR PURPOSE, (b)
MERCHANTABILITY, (c) USEFULNESS, ACCURACY AND COMPLETENESS,
(d) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND (e) FREEDOM FROM
INTERRUPTION, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS
INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS.
WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED
IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.
The Site and site content may contain inaccuracies
and typographical errors and ActiveAmericans.com does not warrant the accuracy,
the integrity, or the quality of any Site Content.
ActiveAmericans.com makes no representations or
warranties whatsoever with regard to any content or any goods or services
advertised, provided or sold to you by or obtained from third parties or site
users and DOES NOT ENDORSE any opinions, views or reviews expressed or provided
by such third parties and Site users. ActiveAmericans.com cannot guarantee that
the content, opinions, views and reviews posted and/or expressed by site users
are those of genuine site users and not persons or entities promoting their own
goods and/or services. You acknowledge and agree that ActiveAmericans.com shall
have no responsibility whatsoever for any interaction that occurs between you
and any other user, member or third party with respect to the site or any loss
or damage of any sort incurred in connection therewith.
Further, ActiveAmericans.com makes no
representations or warranties whatsoever with respect to any and all ADVICE
AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, AND
OBTAINED BY YOU FROM THE SITE. SUCH INFORMATION AND/OR ADVICE IS PROVIDED WITH
THE UNDERSTANDING THAT NEITHER ACTIVEAMERICANS.COM NOR ITS USERS OR OTHER THIRD
PARTIES, WHILE SUCH USERS OR OTHER THIRD PARTIES ARE PARTICIPATING ON THE
ACTIVEAMERICANS.COM SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL
COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ACTIVEAMERICANS.COM
ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE, COUNSELING OR CARE FOR
ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
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Third Party Web Sites
As a convenience to you, ActiveAmericans.com may
provide on this Site, links to Web sites operated by third parties, including
access to content, products and/or services that are not maintained or controlled
by ActiveAmericans.com. ActiveAmericans.com has no control over any such third
party Web sites, the contents therein or the products/services offered by such
third parties. If you use these Web sites, you will leave this Site. If you
decide to visit any linked Web site, you do so at your own risk and it is your
responsibility to take all protective measures to guard against viruses or
other destructive elements. You are solely responsible for complying with the
terms of use of any such third-party Web site and you shall bear all risks
associated with the use of such Web sites.
ActiveAmericans.com makes no warranty or
representation regarding and is not responsible for, and does not endorse, any
linked Web sites or the content appearing thereon or any of the products and/or
services described thereon.
ActiveAmericans.com does not make any
representations or warranties as to the security of any information (including,
without limitation, credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive any claim
against us with respect to such sites. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding with
any online or offline transaction with any of these third parties. Further,
some sites employ automated search results or otherwise link you to sites
containing information that may be deemed inappropriate or offensive,
ActiveAmericans.com cannot be held responsible for the accuracy, copyright
compliance, legality, or decency of material contained in third-party sites,
and you hereby irrevocably waive any claim against us with respect to such
sites. Links do not imply that ActiveAmericans.com or this Site sponsors,
endorses, is affiliated or associated with, or is legally authorized to use any
trademark, service mark, trade name, trade dress, logo or copyright symbol or
other intellectual property or proprietary right displayed in or accessible
through the links, or that any linked Web site is authorized to use any
trademark, service mark, trade name, trade dress, logo or copyright symbol or
other intellectual property or proprietary right of ActiveAmericans.com or any
of its affiliates or subsidiaries.
ActiveAmericans.com recommends that you read the
policies and terms of use posted on other Web sites regarding privacy and other
topics before using those sites. ActiveAmericans.com is not responsible for any
loss or damage of any sort you may incur from accessing any third party Web
sites and/or dealing with any third party.
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External Links to this Site
All links to this Site must be pre-approved in
writing by ActiveAmericans.com, and the links shall meet each of the following
requirements: (i) the link is a text-only link
containing only the name “ActiveAmericans.com” and does not contain any of
ActiveAmericans.com, its affiliates or its licensor's proprietary trademarks,
logos or service marks; (ii) the link "points" only to
www.ActiveAmericans.com and not to deeper pages; (iii) the link, when
activated by a user, displays the page located at www.ActiveAmericans.com full
screen in a fully operable and navigable browser window and not within a
"frame" on the linked Web site; and (iv) the appearance, position,
and other aspects of the link may neither create the false appearance that an
entity or its activities or products are associated with or sponsored by
ActiveAmericans.com or its affiliates.
Should you wish to link to this Site, please
contact ActiveAmericans.com in writing at Info@ActiveAmericans.com
and your request will be given due consideration. ActiveAmericans.com reserves
the right to withhold consent or revoke consent to link to this Site at any
time in its sole discretion.
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LIMITATION OF LIABILITY
IN NO EVENT SHALL ACTIVEAMERICANS.COM, ITS
SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS,
EMPLOYEES, AGENTS, LICENSORS, LICENSEES, TRANSFEREES, SUCCESSORS OR ASSIGNS BE
LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF
DATA, PROFITS, REVENUE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER A
CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY
PARTY'S ACCESS OR USE OF THIS SITE (OR RELIANCE ON ANY INFORMATION, MATERIALS
OR CONTENT CONTAINED IN OR GOODS AND/OR SERVICES ADVERTISED ON THE SITE,
WHETHER CREATED, SUBMITTED, POSTED, PUBLISHED, DISTRIBUTED, ADVERTISED AND/OR
OTHERWISE PROVIDED BY ACTIVEAMERICANS.COM OR ANY THIRD PARTY), SITE CONTENT
AND/OR SITE CODE, IN CONNECTION WITH YOUR INABILITY TO ACCESS OR USE THIS SITE,
OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE
SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEB
SITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY OTHER WEB
SITE, EVEN IF ACTIVEAMERICANS.COM IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THE FOREGOING LIMITATION OF DAMAGES
SHALL BE, FOR ANY REASON, HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT
THE TOTAL AGGREGATE LIABILITY OF ACTIVEAMERICANS.COM AND ITS AFFILIATES TO YOU
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR
OTHERWISE) ARISING HEREFROM SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THE SITE OR US$50, WHICH EVER IS LESS.
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Indemnification
You agree to defend, indemnify and hold harmless
ActiveAmericans.com, its subsidiaries and affiliates and their respective
officers, directors, members, employees and agents from and against any and all
claims, liabilities, damages, losses or expenses, including reasonable
attorneys' fees and costs, arising out of or in any way connected with your
access to or use of this Site, breach by you of the Terms, and the infringement
by you of any intellectual property, proprietary or other right of any person
or entity.
Transfer of Rights by ActiveAmericans.com
You agree that these Terms and ActiveAmericans.com
interests, rights, and obligations hereunder can be transferred by
ActiveAmericans.com to a subsequent owner of an interest in this Site or any of
the Site Contents or Site Code.
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Choice of Law, Notice Regarding State Laws, Jurisdiction, Entire
Agreement
Unless otherwise specified, this Site, Site
Content, and Site Code are appropriate for use in the United States only and
products or services offered through this Site, if any, are appropriate or
available for use in the United States and its territories, possessions, and
protectorates only. This Site is controlled and operated by ActiveAmericans.com
from its offices within the State of Ohio, United States of America.
ActiveAmericans.com makes no representation that the Site, Site Content and
Site Code are appropriate or available for use in other locations. Those who
choose to access this Site from other locations do so on their own initiative
and risk and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
Users located outside the United States should not
provide any personal information or personally identifiable information via
this Site. By providing personal information to this Site, all users, fully
understand and consent to the collection and processing of such information in
the United States of America. You may not use this Site or export Site Content
in violation of U.S. export laws and regulations.
These Terms and all matters relating to your access
to, and use of, this Site shall be governed by and construed in accordance with
the laws of the State of Ohio, without giving effect to its principles of
conflicts of law. You expressly and irrevocably consent to the sole and
exclusive jurisdiction and venue of the state and federal courts situated in
the State of Ohio to resolve any dispute between you and ActiveAmericans.com
related hereto, and you hereby agree to waive all rights to contest this
exclusive jurisdiction and venue of such courts.
You agree and represent that you have carefully
considered the Terms and that ambiguities, if any, shall not be enforced
against the drafter but shall be fairly read so as not to prejudice the rights
of ActiveAmericans.com.
The Terms constitute the entire agreement between
ActiveAmericans.com and you with respect to the matters contained herein. Any
cause of action you may have with respect to the matters contained herein or
your use of this Site must be commenced within one (1) year after the claim or
cause of action arises. If for any reason a body with proper jurisdiction finds
any provision(s) of the Terms or a portion thereof, to be unenforceable, you
and ActiveAmericans.com agree (without waiving rights of appeal) that unenforceable
provision(s) shall be enforced to the maximum extent permissible so as to
affect the intent of the Terms, and the remainder of the Terms shall continue
in full force and effect.
Contact Information
For further information or clarification of these
Terms, please contact info@activeamericans.com.
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Membership & Refund
Policy
How can I cancel my membership?
To
cancel your AAC Club membership, you may contact one of our customer service
representatives by sending an email to membership@activeamericans.com.
1.
MEMBERSHIP FEE – The fee will be
billed to the credit card account you designated when you enrolled in the
program, in accordance with the billing terms furnished to you upon your
enrollment in the Service.
2.
RENEWALS – Unless you notify
ACTIVEAMERICANS.COM that you do not wish to renew your membership,
ACTIVEAMERICANS.COM will automatically renew your membership at the end of each
annual term and bill the then-current renewal fee to the credit card account
designated by you when you joined.
3.
RIGHT TO CANCEL MEMBERSHIP - You have the right to terminate this Agreement at any time. You may
cancel this Agreement by calling 1-888-346-7726 or
writing to ActiveAmericans.com, 118 West Streetsboro Street, Ste. 244, Hudson,
OH 44236 Attention: Membership
Department. If you cancel this Agreement during your trial period, you will not
owe any annual membership fee. If you discontinue your membership at any time
after the trial period, you can receive a refund for the unused portion of the
current year's membership fee. You will remain liable for any other fees or
charges to be paid pursuant to this Agreement.
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