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YA’ DAMN FOOL! ONLINE USER AGREEMENT

The following User Agreement ("Agreement") governs the use of the Ya’ Damn Fool! Online Service ("Service"), including participation in its bulletin boards, or "forums". Please read the rules contained in this Agreement carefully. You can access this Agreement at anytime from Ya’ Damn Fool!. Your use of the Service will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Service. These rules may be modified by Ya’ Damn Fool! from time to time; notice of revisions to this Agreement will be announced on this page. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement.

This Service is intended to provide a forum for a robust and free-flowing exchange of information, opinions and comments. Since the Service is designed to provide an enjoyable and informative experience for all participants, you agree to abide by certain rules regarding your participation.

Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to Service Provider's other remedies.

RULES OF USAGE

Comments of Users Are Not Endorsed by Ya’ Damn Fool!:
Ya’ Damn Fool! does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on bulletin boards or otherwise contained in the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, and does not necessarily represent the views of Ya’ Damn Fool!.

Use of the Service by You:

· This service is not intended for users under the age of 13. This service does not knowingly collect personal identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.

· Your right to use the Service is personal to you -- you may not authorize others to use the Service, and you are responsible for all use of the Service.

· You agree not to use any obscene, indecent, or offensive language or to place on the Service any material that is defamatory, abusive, harassing, or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

· You are responsible for ensuring that any material you provide to the Service or post on a bulletin board, including but not limited to text, photographs, and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.

· Material on the Service is for your personal use only. The Service contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law.

· You agree not to disrupt or interfere with the Service, nor to alter of tamper with any information or materials on or associated with the Service.

· You acknowledge that the Service Provider has not reviewed the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service and does not endorse them. Your linking to any service or site is at your sole risk.

Use of Material Supplied By You:
Postings to and communications with the Service are not private. You grant Ya’ Damn Fool! the unrestricted right to use, reproduce, modify, translate, transmit and distribute any material you supply or communicate to the Service (including your identity and information about you) in any medium (now in existence or hereafter developed) and for any purpose, including commercial uses, and to authorize others to do so.

Materials Posted By Others:
You agree that the Service Provider is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.

Indemnification:
You agree to indemnify the Service Provider and its affiliates, employees, agents and representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.

Editing and Deletions:
The Service Provider reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed on the Service or its bulletin boards, in its sole discretion, without notice.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

THE SERVICE PROVIDER AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Termination:
Service Provider has the right to terminate your ability to access the Service, for any reason, without notice.

Jurisdiction:
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Michigan applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Ann Arbor, Michigan. In addition, you agree to submit to the personal jurisdiction and venue of such courts.

Entire Agreement:
This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.

If you don't agree to the terms contained in this Agreement, please exit the Service. Please click the Back button on your browser to return to the previous page.

If you have any concerns regarding your child's or your use of Ya’ Damn Fool!, please contact us at
administrator@yadamnfool.com. Your use of Ya’ Damn Fool! is also governed by our Privacy Policy.