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Terms and Conditions


Notice
By accessing, viewing, downloading or otherwise using The Men's Club, Inc. ("TMC") website located at www.themensclubonline.com ("the Website"), you agree to follow and be bound by these terms and conditions ("Agreement") and become a user ("User"). Please read this Agreement carefully.  If you do not agree to follow and be bound by these terms and conditions, you may not access, view, use or download materials from this web site.

This Agreement May Change
TMC reserves the right to update or modify this Agreement at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Agreement as changed.  For this reason, we encourage you to review this Agreement every time you use the Website.  This Agreement was last revised on September 8, 2009.

License and Warrant Your Submissions
While not required to do so, if you choose to submit something to TMC through the Website (including any User generated content, ideas, concepts, techniques and data), you grant by utilizing the Website, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to TMC to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to TMC, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to TMC, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform TMC in the event that any such information has changed since your registration with TMC and, if appropriate, you agree to make such modifications yourself to your profile and any other User generated content or submissions.

TMC exercises no control over any content you or any other Users submit while using TMC. TMC has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. While TMC does not have the capacity to review all content posted by others and does not warrant the appropriateness of such content, upon being contacted by a User or another third party claiming that another User has submitted content to the Website that may be considered offensive, harassing, harmful, or otherwise inappropriate, TMC, in its sole discretion, may investigate the matter and remove such submission, and may take any further remedial actions as it deems necessary, including, but not limited to suspending or banning the User who submitted the original content.

Prior to joining TMC, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of TMC Users and to TMC and you must not communicate to TMC and its Users any information the dissemination of which could be harmful to you or any other individual.

Privacy Policy
Please visit TMC's Privacy Policy, which we may update from time to time, on the Website. If you believe that another User is misusing or otherwise misappropriating your information, you must immediately contact TMC. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such data and content.

Eligible Users
You represent and warrant that you are 18 years or older and that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.

Keep Your Password Secure
Keep your password confidential and secure, and do not use other Users' accounts and do not let others use your account. You are responsible for anything that happens through your account until you notify us of a breach, close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your TMC account or any information therein to another party or charging anyone for access to any portion of TMC, or any information therein.

Indemnification
You agree to defend, indemnify and hold harmless TMC and all of its respective directors, officers, employees and agents, from and against all claims and expenses, including attorney's fees, arising out of your violation of this Agreement or misuse of the Website or products or services provided via the Website, including, without limitation, your submission of content that violates third party rights or applicable laws.

Payment of Fees
TMC, at its sole discretion, may charge Users a fee to access the Website or portions thereof, or to subscribe to any services we offer through the Website.  You agree to pay any such fees as they become due.

Notify Us of Acts Contrary to the Agreement
If you believe that you are obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with written notice 30 days prior to acting contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

Your Rights and Obligations
Provided you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on the Website as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you.  We grant you no other rights, implied or otherwise.

TMC's Rights and Obligations
The primary purpose of the Website is to provide a medium to facilitate professional networking and development among Users.

For as long as TMC continues to offer services, TMC shall provide (and seek to update, improve and expand) the TMC platform and services with the purpose of providing all members with professional networking connectivity, through TMC proprietary tools, rules and protocols which TMC may update, improve, discontinue and change at any time, at TMC's sole discretion.

We allow you to access the Website as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Website partially or entirely, or to charge and modify prices for use of the Website or for membership to TMC. All of these changes shall be effective upon their posting on our site or by email or other communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in TMC and all related items.

TMC reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, TMC has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

You acknowledge and agree that we may send you important information and notices regarding the TMC services by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about our services. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TMC, TMC's affiliates, TMC's Users and the public.

TMC may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Website.

You are solely responsible for your interactions with other members. TMC reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if TMC determines, in its sole discretion, that doing so is prudent.

Disclaimer of Warranties
YOU ACCESS AND USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENTS, INCLUDING ALL TEXT, DESIGN, SOFTWARE, IMAGES, GRAPHICS, SOUND, RECORDINGS, IMAGES, SOURCE CODE AND LINKS OR OTHER ITEMS, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INFRINGEMENT.  FURTHER, NO WARRANTY IS MADE THAT THE WEBSITE SHALL BE UNINTERRUPTED OR FREE FROM ERRORS OR DEFECTS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS AND DEFECTS WILL BE CORRECTED.  TMC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION OR MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL TMC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF TMC OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TMC'S TOTAL LIABILITY TO YOU, IF ANY, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

Applicable Law
The Website is controlled and operated by TMC from its offices within the United States. By visiting the Website, you agree that the laws of the State of ILLINOIS, United States of America, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and TMC.

Disputes
You and TMC agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association.  The location of the arbitration shall be Chicago, Illinois.  The arbitration shall be conducted by a single arbitrator with experience in disputes relating to use of websites.  The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.

Severability
If any provision of this Agreement is found to be invalid or unenforceable under the laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

Entire Agreement
This Agreement constitutes the entire agreement between you and TMC with respect to your access to and/or use of the Website, and supersedes all prior agreements and understandings, whether written or oral, express or implied, with respect to the subject matter of this Agreement.

Amendments to this Agreement
TMC, at its sole discretion, reserves the right to modify, supplement or replace the terms of this Agreement.

Notice and Procedure for Making Complaints Regarding Content
To notify TMC of content that infringes your rights or is otherwise unlawful, abusive or harmful, you must send a notice to TMC by mail, e-mail, or fax, and provide the following information:
  • Your name, address, telephone number, and e-mail address;
  • A description of the objectionable content that you claim either infringes your rights or is otherwise unlawful, abusive or harmful, specifying which parts of the content you believe infringe your rights, or are unlawful, abusive or harmful, and which parts you believe should be removed;
  • A description of the exact location of the objectionable content on the Website;
  • A statement specifying in detail the rights you assert, and why the objectionable content infringes them, or, a statement specifying in detail which laws you believe are being broken or why you believe the content is abusive or harmful;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the objectionable content or authorized to act on such person's behalf; and
  • Your electronic or physical signature (as appropriate).

When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the objectionable content), and if appropriate in our judgment, remove or disable access to the objectionable content. In such case, we may notify the source of the objectionable content of your complaint and our action taken. In some cases, if the source of the objectionable content provides us with information indicating that the objectionable content has been removed wrongly, we may reinstate the objectionable content. Our takedown and re-instatement procedures are and remain at our sole discretion.

You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.

Copyright Policy
TMC does not claim ownership of the materials and content you provide to TMC or post, upload, input or submit through the Website. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting TMC and its affiliates permission to use your submission in connection with the operation of their Internet businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; to publish your name in connection with your submission; and the right to sublicense such rights to any affiliate of TMC.

No compensation will be paid to you with respect to the use of your submission, as provided herein. TMC is under no obligation to post or use any submission you may provide and TMC may remove any submission at any time in its sole discretion.

By Posting a submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this Agreement, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions. In addition to the warranty and representation set forth above, by Posting a submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by this Agreement, (b) you have the rights necessary to grant the licenses and sublicenses described in this Agreement, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. No compensation will be paid with respect to the use of your Images.

Trademarks
TMC, the TMC logo, THEMENSCLUBONLINE.COM and other TMC graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of TMC in the U.S. and/or other countries. TMC's trademarks and trade dress may not be used in connection with any product or service that is not TMC's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits TMC. All other trademarks not owned by TMC that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TMC.

Privacy Policy

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This privacy policy covers how The Men's Club, Inc. ("TMC")  treats personal information that TMC collects and receives, including information related to your use of the website located at www.themensclubonline.com ("the Website") as a user ("User"). Personal information is information about you that is personally identifiable like your name, address, email address, phone number, or occupation.

This Privacy Policy May Change
We reserve the right to modify this privacy policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. By continuing to use the Website after notice of changes have been sent to you or published on the Website, you are consenting to the changes.

Information Collection and Use
We use the information you provide to:
  • Administer your account with us and customize the services we provide to you;
  • To send you service or promotional communications through email and notices on the TMC website;
  • We do not sell, rent or otherwise provide your personal identifiable information to any third parties for marketing purposes;
  • We provide you with the means to control whether or not your contact information is shared with another User;
  • Enable you to share your information and communicate with other Users.

Personal Information Collected
The purpose of the Website is to permit Users to voluntarily provide information about themselves for the purposes of facilitating professional networking and development among Users. You willingly provide us certain personal information, which we collect in order to allow you to benefit from the Website. If you have any hesitation about providing such information to us and/or having such information displayed on the Website or otherwise used in any manner permitted in this Privacy Policy and the Terms and Conditions, you should not become a member of the TMC community.

We collect personal information in the following ways:
  • When you create an account on the Website during registration;
  • When you become a User and provide additional information in the profile section.

Consent to TMC Processing Information About You
Certain information you provide to TMC may reveal, or allow others to identify, your nationality, ethnic origin, religion or other aspects of your private life, and more generally about you. Please be aware that in providing information to TMC for the purposes of opening your user account, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and TMC's Terms and Conditions. The supplying of all such information by you to TMC is voluntary on your part. You have the right to withdraw your consent at any time, in accordance with the terms of this Privacy Policy and the Terms and Conditions, but please note that your withdrawal of consent will not be retroactive.

Rights to Access, Correct and Eliminate Information About You
You have a right to access, modify, correct and eliminate the data about you which has been collected pursuant to your decision to become a User. If you update any of your information, we may keep a copy of the information which you originally provided to us in our archives for uses documented herein.

Uses of Personal Information
TMC's Website is an online service provided to Users to, among other things, build professional relationships, facilitate networking, and connect Users with one another. The personally identifiable information you choose to provide on the Website is used to help you describe yourself to other Users. Other information, that does not personally identify you as an individual, is collected by TMC from Users (such as, for example, patterns of utilization) and is exclusively owned by TMC. This information can be used by TMC in such manner, as TMC, in its sole discretion, deems appropriate.

Sharing Information with Third Parties
TMC takes the privacy of Users very seriously. We do not sell, rent, or otherwise provide your personally identifiable information to third parties for marketing purposes.

Legal Disclaimer
It is possible that we may need to disclose personal information when required by law, such as responses to civil or criminal subpoenas, or other requests by law enforcement personnel. We will disclose such information wherein we have a good faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, subpoena, or other legal process or request to TMC brought in any country throughout the world, or to exercise our legal rights or defend against legal claims.

Disclosures to Others
We may also disclose your personal and other information you provide, to another third party as part of reorganization or a sale of the assets of TMC or any division thereof. Any third party to which we transfer or sell TMC's assets or portions thereof will have the right to continue to use the personal and other information that you provide to us.

Accessing and Changing Your Account Information
You can review the personal information you provided us and make any desired changes to the information you publish for your personal profile on the Website, including your email and contact preferences, at any time by logging in to your account on the Website.

Closing Your Account
You can close your account through the Website at any time. If you close your TMC account, we will remove your name and other personally identifiable information from our publicly viewable database. We may retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law.

Your Obligations
As a User, you have certain obligations toward the other Users with whom you will be communicating. Certain of these obligations are imposed by applicable law and regulations, and others have become commonplace in user-friendly communities of like-minded members such as TMC, including the following:

  • You must, at all times, respect the terms and conditions of the then-current Privacy Policy and the Terms and Conditions. This includes respecting all intellectual property rights which may belong to third parties (such as photographs).
  • You must not download or otherwise disseminate any information which may be deemed to be injurious, violent, offensive, racist or harmful or which may otherwise violate the purpose and spirit of TMC and its community of Users.
  • You should not provide information to TMC and/or other Users which you believe might be injurious or detrimental to your person, professional or social status.

Any violation of these guidelines may lead to the restriction, suspension or termination of your account by TMC, as we take these principles seriously and consider them the basis on which our Users adhere to the TMC website and the services which it offers.

Questions and Suggestions
If you have questions or suggestions, contact us at:

The Men's Club, Inc. - Privacy Policy Issues
1000 West Washington, #248
Chicago, IL 60607
info@themensclubonline.com

 

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