Connect 4 Lunch™ User Agreement

(Last updated November 5, 2008)

Welcome to the User Agreement ("Agreement") for Connect 4 Lunch, the networking service for business owners and professionals, owned and operated by CloverKeys, Inc.  By using the Connect4Lunch.com Website, ("the Website") you agree to be bound by this Agreement, whether or not you register as a Connect 4 Lunch Service User ("User").  In order to become a Connect 4 Lunch User, you must read and accept all of the terms and conditions of this Agreement and the Privacy Policy.

This Agreement sets out the legally binding terms of your use of the Website and the Connect 4 Lunch Service and may be modified by Connect 4 Lunch from time to time, such modifications to be effective upon posting by Connect 4 Lunch on this Website.  This Agreement includes Connect 4 Lunch's Acceptable Use Policy for Content Posted on the Website, Connect 4 Lunch's Privacy Policy and any notices regarding the Website.  You may also receive a copy of this Agreement by emailing us at , subject: User Agreement.

Purpose of Connect 4 Lunch

We believe that the healthiest businesses have the most diverse networks, and have established those networks on a personal basis.  Through Connect 4 Lunch's proprietary software, business owners and professionals can meet and get to know each other over lunch in a relaxed, comfortable and focused environment.  In this setting, they can enhance their own and each other's business, become each other's clients and provide each other with referrals.

Eligibility

You must be 18 years or over to register as a User of the Connect 4 Lunch Service or use the Website.  Use of the Connect 4 Lunch Service is void where prohibited.  By using the Website, you represent that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

You represent that the business categories that you select at the time of registration are your primary source of income.

To ensure diversity, Connect 4 Lunch may from time to time limit the number of users in a particular business category.

Term

This Agreement will remain in full force and effect while you use the Website and/or are a User.  You may terminate your Connect 4 Lunch account at any time, for any reason effective upon receipt by Connect 4 Lunch of your written or email notice of termination.  Connect 4 Lunch may terminate your Connect 4 Lunch account and access to the Connect 4 Lunch Service for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Connect 4 Lunch.  If Connect 4 Lunch terminates your account and use of the Connect 4 Lunch Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees.  Even after this Agreement is terminated, certain provisions will remain in effect, including sections labeled:

• Proprietary Rights In Content on Connect 4 Lunch
• Content Posted on the Site
• Privacy
• Disclaimers
• Limitation of Liability
• Disputes
• Indemnity

Commercial Use by Users

The purpose of Connect 4 Lunch is to provide a service that facilitates and encourages business networking on a personal level.  For that reason, participation in the Connect 4 Lunch Service is for persons, rather than for organizations, companies and/or businesses per se.  Organizations, companies and/or businesses may not become Users, but employees or owners of businesses are encouraged to become individual Users of the Connect 4 Lunch Service.  Connect 4 Lunch User accounts are restricted to the personal use by that User, who is a representative of the business.  Sharing usernames and/or passwords with other individuals who are not Users of Connect 4 Lunch will result in termination of your Connect 4 Lunch account.  Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Cancellation Policy

If you have scheduled a lunch and are not able to attend, please contact your lunch partners ASAP. You may not send a substitute in your place. If you miss three lunches that you have committed to attend within a three-month period, we may ask you to observe a one-month suspension before resuming your membership. Your account will not be charged during such a suspension.

Proprietary Rights In Content on Connect4Lunch.com

Connect 4 Lunch owns and retains all proprietary rights in the Website and the Service.  The Website contains copyrighted material, trademarks, and other proprietary information of Connect 4 Lunch and its licensors.  Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site

• You understand and agree that Connect 4 Lunch may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Connect 4 Lunch violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of Users.
• You are solely responsible for the Content that you publish or display
• By posting Content to any public area of Connect4Lunch.com, you automatically grant, and you represent and warrant that you have the right to grant, to Connect 4 Lunch an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content and to grant and authorize sublicenses of the foregoing.
• The following is a partial list of the kind of Content that is illegal or prohibited on the Website.  Connect 4 Lunch reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Connect 4 Lunch accounts of such violators.  It includes Content that:
  • is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
• You must use the Service in a manner consistent with any and all applicable laws and regulation.

Specific Prohibited Uses

Connect 4 Lunch specifically prohibits any of the following uses of the Website, and you agree not to use the Website for any such purposes:

• Posting any incomplete, false, fraudulent or inaccurate biographical information or general information, which is not your own information, or impersonating any other person.
• Posting a profile for anything other than to meet other Users.
• Deleting or revising any content or material posted by any other User.
• Accessing data not intended for such User or logging into a server or account which you are not authorized to access.
• Attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Website without proper authorization.
• Attempting to interfere with Service to any User, host or network, including without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing" the Website or the server of any User.
• Posting chain letters, multi-level marketing programs or pyramid schemes.
• Forging any TCP/IP packet header or any part of the header information in an email or newsgroup posting for any reason.
• Posting any obscene, indecent, defamatory, threatening, harassing, tortuous, abusive hateful Content or any Content that is embarrassing to another User or any person or entity.
• Posting any sexually explicit image or statement.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please notify Connect 4 Lunch with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Username and Password Policy

You will create a username and password upon completing the registration process.  You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your username and password.  You agree to immediately notify Connect 4 Lunch of any unauthorized use of your username or password or any other breach of security.  You agree that Connect 4 Lunch cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge that Connect 4 Lunch does not pre-screen Content, but that Connect 4 Lunch and its designees shall have the right (but not the obligation) in their sole discretion to take action based upon any violation of the Agreement or law, including refusing any Content that is available via the Service or denying further access.  Without limiting the foregoing, Connect 4 Lunch and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.  You agree that you must evaluate, and bear all risks associated with, the making available, downloading or use of any Content.

You acknowledge and agree that Connect 4 Lunch may preserve Content and may also disclose Content 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 Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of Connect 4 Lunch, its Users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

User Disputes

You are solely responsible for your interactions with other Connect 4 Lunch Users.  Connect 4 Lunch reserves the right, but has no obligation, to monitor disputes between you and other Users.

Connect 4 Lunch's Liability

The material on this Website may contain technical inaccuracies, typographical errors and out of date information, including Users that may not be currently active.  Connect 4 Lunch makes no representations about the accuracy, reliability, completeness or timeliness of the Website or the Content, nor makes any warranty that the Website will meet your requirements.  You acknowledge and agree that the use of the Website and the Content is at your own risk.  Connect 4 Lunch reserves the right to make changes to the Website at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Content or other material placed by you on the Website.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Connect 4 Lunch be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Connect 4 Lunch has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, Connect 4 Lunch's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Connect 4 Lunch for the Service during the term of membership.

Disclaimers

Connect 4 Lunch is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Users or by any of the equipment or programming associated with or utilized in the Service.  Connect 4 Lunch is not responsible for the conduct, whether online or offline, of any user of the Website or User of the Service.  Connect 4 Lunch assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or User communications.  Connect 4 Lunch is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.  Under no circumstances will Connect 4 Lunch be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Users, or any interactions between users of the Website, whether online or offline.  The Website and the Service are provided "AS-IS" and Connect 4 Lunch expressly disclaims any warranty of fitness for a particular purpose or non-infringement.  Connect 4 Lunch cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

Disputes

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions.  You agree to personal jurisdiction by and venue in the state and federal courts of San Mateo County, California.  You further agree that in the settlement of any such dispute that both parties in good faith will first attempt settlement by using alternative methods of dispute resolution, such as mediation or arbitration. 

Indemnity

You agree to indemnify and hold Connect 4 Lunch, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. 

Other

This Agreement, accepted upon use of the Website and further affirmed by becoming a User of the Service, contains the entire Agreement between you and Connect 4 Lunch regarding the use of the Website and/or the Service.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.