TERMS OF SERVICE, MEMBER AGREEMENT AND DISCLAIMER
EXIT PROMISE, LP (“EXIT PROMISE”) PROVIDES THIS WEB SITE AND RELATED SERVICES SUBJECT TO YOUR AGREEMENT TO AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THE SITE, WHETHER REGISTERED AS A MEMBER OR OTHERWISE USING THE SITE AS A VISITOR, CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING:
1. Copyright Information
All pages within this Internet site (“Site”) are the property of Exit Promise. No portion of the materials on any of these pages may be reprinted or republished in any form without the express written permission of Exit Promise and the designated copyright holder (if different).
2. Trademark Notice
“Exit Promise” and the “Exit Promise” logo are trademarks and service marks of Exit Promise. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
3. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
EXIT PROMISE, ITS AFFILIATES, EXPERTS, CONTRIBUTORS, FEATURED ADVISORS, PARTNERS, MEMBERS, PRINCIPALS, EMPLOYEES, ADVERTISERS AND SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
The information contained in any written or electronic communication and on this Website are provided for informational purposes only, and should not be construed as legal or tax advice on any subject matter. You should not act or refrain from acting on the basis of any content included in our written or electronic communications or on this Website without seeking appropriate advice on your particular facts and circumstances from professional advisors in your state. The author, contributor, Exit Promise, LP and its owners expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this Website or other electronic forms of communication.
Although Exit Promise attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Exit Promise so that it can be corrected.
4. Member Agreement
This Member Agreement (the “Agreement”) is between you and Exit Promise, LP, a limited partnership organized and existing under the laws of the Commonwealth of Pennsylvania (“EXIT PROMISE”), with a principal place of business at 3875 Old William Penn Highway, Suite 3, Murrysville, Pennsylvania 15668. Regardless of your status as a member or otherwise use of the site, signifies your agreement to the terms and conditions of use set forth in this Agreement.
In consideration for your MEMBERSHIP or USE OF THE SITE, EXIT PROMISE grants you a non-exclusive, non-transferable, limited right to access, use and display the Internet access services provided by EXIT PROMISE, including, without limitation, informational articles, newsgroups, bulletin board services, chat rooms, blogs and any other services which EXIT PROMISE may offer (collectively, the “Service”) on any machine(s) of which you are the primary user. Your account may not be transferred from you to another party or entity without prior written approval from EXIT PROMISE. EXIT PROMISE provides free content and reserves the right to vary the free and subscription content, and does not guarantee that the content provided free will remain free of charge.
EXIT PROMISE reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the EXIT PROMISE Web Site. Your continued use of the EXIT PROMISE Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). In addition to any other rights of the parties set forth herein, you may terminate this Agreement by canceling your membership at any time upon notice. EXIT PROMISE also reserves the right to restrict, suspend or terminate the Service in whole or in part, without notice, with respect to any breach or threatened breach, or based on a breach of any of your representations and warranties, or if you fail to provide accurate personal information upon registration as a member of the site.
The EXIT PROMISE Web Site is protected by copyright as an original or collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The materials and content of the EXIT PROMISE Web Site (collectively the “Content”) are only for your own personal use in connection with your business interests. All Content contained on the EXIT PROMISE Web Site are protected by copyright, and are owned or controlled by EXIT PROMISE or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the EXIT PROMISE Web Site. You may download and make one copy of the Content and other downloadable items displayed on this EXIT PROMISE Web Site for use in connection with your business interests, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than your personal use in connection with your business interests is expressly prohibited without the prior written permission from EXIT PROMISE or the copyright holder identified in the individual Content’s copyright notice, and you represent and warrant that you will not exceed this limitation on copying and storage. Members of Exit Promise, their immediate family and employees may not be in the business (directly or indirectly through investment or ownership) of offering exit planning, growth and/or Merger & Acquisition advisory services, unless granted explicit, written permission from EXIT PROMISE, and you represent and warrant that you will not exceed this limitation, the breach of which will terminate and revoke all licenses and rights hereunder, and subject the breaching party to liability for copyright infringement, unfair competition, and all other legal and equitable remedies, damages, punitive damages and attorney’s fees as provided herein.
EXIT PROMISE may change, suspend or discontinue any aspect of the EXIT PROMISE Web Site at any time, including the availability of any EXIT PROMISE Web Site feature, database, or Content. EXIT PROMISE may also impose limits on certain features and services or restrict your access to parts or all of the EXIT PROMISE Web Site without notice or liability.
Any MEMBER or USER of EXIT PROMISE who makes a contribution, comment, asks a question, or downloads a product, tool, document or other offering agrees to provide his or her proper email address and legal name. Any such action by a MEMBER or USER of EXIT PROMISE is confirmation of the MEMBER or USER’S permission to be the recipient of emails from EXIT PROMISE and its affiliates.
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the EXIT PROMISE Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the EXIT PROMISE Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
You hereby agree to indemnify, defend and hold EXIT PROMISE, and all its officers, directors, partners, owners, agents, employees, information providers, affiliates, sponsors, advertisers, network software vendor, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. EXIT PROMISE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of EXIT PROMISE.
The EXIT PROMISE Web Site contains links and pointers to the other World Wide Web Internet sites, resources, Experts and Contributors to the EXIT PROMISE Web Site. Links to and from the EXIT PROMISE Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by EXIT PROMISE or any of its partners, subsidiaries or affiliates of any third party resources, or their contents. BECAUSE OF THE PROFESSIONAL NATURE OF THE CONTENT OF THE EXIT PROMISE WEB SITE, YOU SHOULD SEEK INDIVIDUAL PROFESSIONAL ASSISTANCE BASED ON YOUR UNIQUE FACTS AND CIRCUMSTANCES BEFORE MAKING FINAL BUSINESS DECISIONS. EXIT PROMISE DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE EXIT PROMISE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ADDITIONALLY, EXIT PROMISE IS NOT PROVIDING TAX ADVICE. YOU AGREE THAT EXIT PROMISE SHALL NOT BE RESPONSIBLE FOR CLAIMS OF INCREASED TAXES, AUDIT LIABILITY OR TAX PENALTIES. EXIT PROMISE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE EXIT PROMISE WEB SITE.
EXIT PROMISE has the right to monitor the content which you or other users make by means of the Service, but shall have no obligation to do so. You agree that if EXIT PROMISE in its sole discretion deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, EXIT PROMISE has the right, but not the obligation, to remove or deny access to such content. You expressly agree that EXIT PROMISE shall not be liable to you for any action EXIT PROMISE takes to edit, remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright laws and prohibitions on libel, slander and invasion of privacy. EXIT PROMISE has the right to take all reasonable actions to remove or restrict access to any such material, including the restriction, suspension or termination of your access privileges and/or deletion of the objectionable material. EXIT PROMISE does not and cannot review all materials posted to the EXIT PROMISE Web Site by users, and EXIT PROMISE is not responsible for any such materials posted by users. EXIT PROMISE reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.
THE EXIT PROMISE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE EXIT PROMISE WEB SITE, IS PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. EXIT PROMISE AND ITS PARTNERS, MEMBERS, PRINCIPALS, OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE EXIT PROMISE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE EXIT PROMISE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE EXIT PROMISE WEB SITE OR ANY LINKED SITE. FURTHER, EXIT PROMISE AND ITS PARTNERS, MEMBERS, PRINCIPALS, OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXIT PROMISE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE EXIT PROMISE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EXIT PROMISE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXIT PROMISE AND ITS PARTNERS, MEMBERS, PRINCIPALS, OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE EXIT PROMISE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. UNDER NO CIRCUMSTANCES SHALL EXIT PROMISE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF EXIT PROMISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EXIT PROMISE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, PUNITIVE DAMAGES OR CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS.
You acknowledge that EXIT PROMISE shall not provide more than 1MB of storage space and that you are responsible for compliance with this limit. You expressly agree that EXIT PROMISE shall not be liable to you or any third party for any damages resulting from any reasonable action EXIT PROMISE takes to enforce this provision, including, without limitation, deleting materials from your storage space.
You acknowledge that you may not use the Service to operate server programs, including, but not limited to, mail servers, IRC servers, ftp servers or Web servers. You further agree not to use any technology, method or device to maintain a constant connection with the Service.
You are responsible for all charges associated with connecting to the Service, including, without limitation, all telephone access lines, telephone and computer equipment necessary to access the Service.
You are responsible for all activities and charges resulting from use of the EXIT PROMISE Service. You agree to pay all fees, connect time charges, surcharges, applicable taxes and other charges you incur regarding the Service.
In the event of a breach of security, you will remain liable for any unauthorized use of your account with the Service until you notify EXIT PROMISE by calling EXIT PROMISE Customer Service at MemberCare@ExitPromise.com.
EXIT PROMISE reserves the right to charge access fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice. EXIT PROMISE may reduce these fees at any time without notice to you. In the event that your account is terminated or canceled and if a membership fee was paid, online time credited to your account is not convertible to cash or other form of credit.
For purposes of identification, billing and marketing, you agree to provide EXIT PROMISE with accurate, complete, and updated information required by the registration to the Service (the “Registration Data”), including your legal name, address zip code and Country of residence, e-mail address, and if applicable valid payment data (e.g., credit card number and expiration date). You agree to notify EXIT PROMISE within ten (10) days of any changes in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Service.
You are solely responsible for maintaining the confidentiality of your passwords, and agree that EXIT PROMISE will have no obligations with regard thereto.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the EXIT PROMISE Web Site, you hereby grant to EXIT PROMISE a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against EXIT PROMISE for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
By posting a Comment on any post in the EXIT PROMISE Web Site, you grant EXIT PROMISE the right to send you emails periodically. This consent is considered to be a valid Opt-In email authorization. You may unsubscribe at any time by pressing ‘Unsubscribe’ found on the bottom of the EXIT PROMISE email.
You acknowledge that transmission to and from this EXIT PROMISE Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to EXIT PROMISE, no confidential, fiduciary, contractually implied or other relationship is created between you and EXIT PROMISE other than pursuant to this Agreement.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE COURT LOCATED IN WESTMORELAND COUNTY, PENNSYLVANIA, OR FEDERAL COURT LOCATED IN ALLEGHENY COUNTY, PENNSYLVANIA.
In any such action, EXIT PROMISE shall be entitled to recover all legal expenses incurred in connection with the action including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorneys’ fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement between EXIT PROMISE and you with respect to your membership and/or your use of the EXIT PROMISE Web Site.
This Agreement to the Exit Promise Terms of Service and Disclaimer is deemed entered into in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state courts sitting in the County of Westmoreland, or the federal courts sitting in the County of Allegheny, in the Commonwealth of Pennsylvania, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Exit Promise may modify the terms of this Agreement by posting notice of such modification on a page of the Web Site before the modification takes effect.
Your use of the Site constitutes acceptance of the above terms of service, membership agreement and disclaimer.
The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 18 and is offered only to users 18 years of age or older. Any person who provides their personal information through this Network represents that they are 18 years of age or older.
You agree that you will not post, email or make available any content or use this Network:
- In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
- in a manner that contains software viruses 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;
- to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
- to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons’ ability to use this Network;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Network or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person’s explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
- “Stalk” or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
- Post any content containing child pornography to this Network;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any content that constitutes pornography, contains nudity, or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network’s infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
- Use this Network as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.
To provide notice of alleged copyright infringement on this Network, please refer to the DMCA Notification Guidelines.
You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network’s online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.