Term of Use

Date of Last Revision: December 1, 2007.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Ownership:

The RateMyFraternity.com Web site is owned and operated by RateMyFraternity, Inc., a Nevada corporation. All code, images, and text used to display the RateMyFraternity.com site are the sole property of RateMyFraternity, Inc. Members of RateMyFraternity.com agree to abide by all Terms of Use described herein. The Terms of Use may be updated from time to time without notice to you. In addition, when using particular RateMyFraternity.com services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use described herein.

License:

All materials contributed by site members remain the member’s property, and RateMyFraternity.com does not claim any ownership therein. However, with respect to such materials you submit or make available for inclusion on RateMyFraternity.com, you grant RateMyFraternity, Inc. and RateMyFraternity.com the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to materials you submit or make available for inclusion on RateMyFraternity.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such materials on RateMyFraternity.com solely for the purposes of providing and promoting RateMyFraternity.com. This license exists only for as long as you elect to continue to include such materials on the site and will terminate at the time you remove or RateMyFraternity.com removes such materials from the site.

With respect to photos, graphics, audio or video you submit or make available for inclusion on RateMyFraternity.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such materials on the site solely for the purpose for which such materials were submitted or made available. This license exists only for as long as you elect to continue to include such materials on RateMyFraternity.com and will terminate at the time you remove or RateMyFraternity.com removes such materials from the site.

By contributing materials to RateMyFraternity.com, each member represents and warrants that he or she has the legal right to copy and disseminate any and all materials, regardless of the format provided, that he or she uploads to or downloads from the RateMyFraternity.com site.

Subscriptions:

All memberships to RateMyFraternity.com are absolutely free. There is no cost to become or remain a member. If there should come a time when membership fees will be charged, a minimum of 90 days notice will be given.

Privacy:

We have provided a separate Privacy Policy document on the site. In brief, all data contained in each member’s storage area at RateMyFraternity.com will be kept private to the best of our ability. RateMyFraternity, Inc. assumes no responsibility for materials that may be stolen or intercepted in the normal course of business, as RateMyFraternity, Inc. has implemented industry-standard safeguards to prevent unauthorized access.

Acceptable Use:

No materials will be uploaded to the RateMyFraternity.com site containing nudity or adults-only themes. No illegal materials can be uploaded to RateMyFraternity.com. You acknowledge that RateMyFraternity.com does not pre-screen materials, and that all materials shared via RateMyFraternity.com must be acceptable for access by users of any age, as deemed by the management of RateMyFraternity, Inc. RateMyFraternity, Inc. and RateMyFraternity.com reserve the sole right to review and remove materials from the RateMyFraternity.com site at any time, for any reason, and without the responsibility to alert any member of its removal.

You agree that you must evaluate, and bear all risks associated with the use of any materials on RateMyFraternity.com, including any reliance on the accuracy, completeness, or usefulness of such materials. In this regard, you acknowledge that you may not rely on any materials created by RateMyFraternity.com or submitted to RateMyFraternity.com for accuracy, completeness, or usefulness.

You acknowledge and agree that RateMyFraternity.com may preserve materials and may also disclose materials if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any material violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RateMyFraternity.com, its users and the public.

Indemnity:

All users of RateMyFraternity.com agree to indemnify and hold RateMyFraternity.com, RateMyFraternity, Inc., its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers, harmless from any dispute that may arise from your breach of these Terms of Use or violation of any representations or warranties contained in these Terms of Use. You also agree to hold RateMyFraternity, Inc. harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any materials you upload or download to RateMyFraternity.com.

Modification and Termination:

You agree that RateMyFraternity.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the site, and remove and discard any material within the site, for any reason, including, without limitation, for lack of use or if RateMyFraternity.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. RateMyFraternity.com may also in its sole discretion and at any time discontinue providing the site, or any part thereof, with or without notice. You agree that any termination of your access to the site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that RateMyFraternity.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site. Further, you agree that RateMyFraternity.com shall not be liable to you or any third-party for any termination of your access to the site.

Links:

RateMyFraternity.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RateMyFraternity.com has no control over such sites and resources, you acknowledge and agree that RateMyFraternity.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RateMyFraternity.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such materials, goods or services available on or through any such site or resource.

Proprietary Rights of RateMyFraternity.com:

You acknowledge and agree that the site and any necessary software used in connection with the site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any materials contained in sponsor advertisements or information presented to you by RateMyFraternity.com or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RateMyFraternity.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the site or the Software, in whole or in part.

RateMyFraternity.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the site. You agree not to access the site by any means other than through the interface that is provided by RateMyFraternity.com for use in accessing the site.

Disclaimer of Warranties:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RateMyFraternity.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. RateMyFraternity.com MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

RateMyFraternity.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RateMyFraternity.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

Trademark Information:

RateMyFraternity.com, any RateMyFraternity.com logos, trademarks, trade names, service marks and service names are the property of RateMyFraternity, Inc. (the "RateMyFraternity.com Marks"). Without RateMyFraternity.com's prior permission, you agree not to display or use in any manner, the RateMyFraternity.com Marks.

General Information:

The Terms of Use constitute the entire agreement between you and RateMyFraternity.com and govern your use of the site, super ceding any prior agreements between you and RateMyFraternity.com. You also may be subject to additional terms and conditions that may apply when you third-party content or third-party software. The Terms of Use and the relationship between you and RateMyFraternity.com shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and RateMyFraternity.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Nevada. The failure of RateMyFraternity.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.