TERMS OF USE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE Check Yourself.com WEBSITE (the "Site"). 1. General "Check Yourself.com" ("Check Yourself", or "Site") is an interactive online service and web site operated by Check Yourself.com and administered by the Partnership for a Drug-Free America, in collaboration with a team of health and communication professionals. By accessing and using the Site, you are hereby agreeing to be legally bound by the terms and conditions of Check Yourself (the "Terms and Conditions") and all applicable laws without limitation or qualification, and acknowledge that any other Terms and Conditions between you and Check Yourself are superseded and of no force or effect. Please note that the Site and the Services (as defined below) offered are only open to users 13 years of age or older. If you do not agree with all of the following terms and conditions, please do not use this Site. By registering for this Site, you will automatically be registered to use the services offered, including but not limited to "Check Now", “Check Later”, and “What Would You Do?” "Message Boards" or “Boards”, "Check Yourself Moments", “Profiles”, “Long Night" Out", "Journals" and "Feedback" sections (collectively, the "Services"). Service names and labels are subject to change. Your use of and browsing in the Site are at your risk. Neither Check Yourself nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Check Yourself also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. The information contained in Check Yourself is not intended to replace, and should not be interpreted or relied upon as, professional advice, whether medical or otherwise. Accordingly, please consult your own professional for all advice concerning medical, legal or financial matters or the like which may be located in, or transmitted in connection with, Check Yourself. Check Yourself assumes no liability of any kind for the content of any information transmitted to or received by any individual/entity in connection with such individual/entity's use of the Check Yourself site, and Check Yourself does not endorse or recommend any such information. 2. Changed Terms We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof to the Site. Without limiting the foregoing, we may occasionally notify you by email about changes to the Site or provide notices of changes by displaying notices or links to notices to you generally on the Site. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. 3. Ownership of Intellectual Property Check Yourself maintains the Site for your personal information, education, and communication. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without written permission from Check Yourself. You should assume that everything you see, read or listen to on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Check Yourself. Permissions can be requested at cywebmaster@drugfree.org Check Yourself neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Check Yourself. While Check Yourself uses reasonable efforts to include accurate and up to date information in the Site, Check Yourself makes no warranties or representations as to its accuracy. Check Yourself assumes no liability or responsibility for any errors or omissions in the content of the Site. Images (stills, video) of people, places or objects displayed on the Site are either the property of, or used with permission by, Check Yourself. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images or video may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Check Yourself is not responsible for the content of any off-site pages or any other sites linked to or from the Site. Your linking to any other off-site pages or other sites is at your own risk. 4. Community Standards and Submissions If you're posting in our message boards, you agree to follow Check Yourself community guidelines. PLEASE DO NOT: • Use language or make statements that endorse drug abuse, drug recipes, alcohol abuse, illegal activities or hatred • Post personal information (yours or anyone else's), including, but not limited to, last names, phone numbers and e-mail addresses • Impersonate anyone (another user, an artist, a celebrity, an Check Yourself employee, etc.) • Make personal attacks on other users • Make libelous, defamatory, obscene, pornographic, threatening, abusive or harassing comments • Post advertisements or solicitations of services or goods • Post chain letters • Post unauthorized copyrighted material • Post off-topic information • Flood a message board or chat room with repetitive posts • Post other information that Check Yourself decides (in its sole discretion) is inappropriate for the site • Include hyperlinks to outside sites that violate any of the above rules • Post anything that includes vulgar, obscene or indecent language or images Any message submitted, posted or e-mailed to the "Check Now", “Check Later”, and “What Would You Do?” "Message Boards" or “Boards”, "Check Yourself Moments", “Profiles”, "Long Night" Out", "Journals" and "Feedback" sections of the Check Yourself site is public, and Check Yourself may use such messages, anonymously, without permission, on the site, in new features or for enhancing existing features. In consideration of your posting messages to the aforementioned sections of the Check Yourself site, you agree that your messages will not be untruthful, offensive, obscene, defamatory, discriminatory, unlawful, or violative of the intellectual property rights of a third party. Check Yourself reserves the right, at its sole discretion, to modify and/or remove any message, submitted, posted or e-mailed to these sections of the Check Yourself Web site that Check Yourself deems to be not in the best interests of Check Yourself or the people Check Yourself serves. Check Yourself will monitor or review message boards, chats, postings, transmissions, bulletin boards, and the like on the Site, for compliance to the Community Guidelines. However, Check Yourself is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Check Yourself will fully cooperate with any law enforcement authorities or court order requesting or directing Check Yourself to disclose the identity of anyone posting any such information or materials. Furthermore, Check Yourself reserves the right (but is not obligated) to delete, move or edit postings that it, in its sole discretion, deems threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane or in violation of copyright or trademark laws, or otherwise inappropriate. During registration you will be asked to provide current, complete and accurate information as prompted to so do. In order to access certain Site Services, you will then be asked to enter your assigned registered username and password. Your username and password will be used for all Services offered by the Site that require it. You are entirely responsible for maintaining the confidentiality of your username and password. A user's IP address and identity will not be displayed in connection with the Services. All information requested during registration shall be referred to as the "Registration Data". Please read the Checkyouself Privacy Policy for information on how Checkyouself collects and uses user's personal information. While it is Checkyouself policy to respect the privacy of its users, including information about user's use of the Services, including the contents of users' email and messages, Check Yourself reserves the right to monitor, edit or disclose any personal information about the user, his/her use of the Services, or such contents, in the event that Check Yourself believes that such action is necessary in order to 1) conform to legal requirements or comply with legal process; 2) to protect and defend the rights of Check Yourself; 3) to enforce the Terms of Service; or 4) to act to protect the interests of its members and others. You agree to notify Check Yourself immediately in the event that you believe that there is unauthorized use of your account. 5. Trademarks, Logos, and Service Marks The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Check Yourself and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Check Yourself or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Check Yourself will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 7. Privacy Policy We are committed to protecting the privacy of our users, particularly because of the nature of the topic of the site. We offer this statement to inform our users of how we define, gather and utilize personal information. We reserve the right, at our sole discretion, to change, modify or otherwise alter this policy at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, we may occasionally notify you by email about changes to the Site or provide notices of changes by displaying notices or links to notices to you generally on the Site. Please review this policy periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised privacy policy. When you register with the Check Yourself web site and set up a profile, we collect the following personal information: your email address, age, gender, likes, dislikes and opinions, user name and password. We collect the email address solely for the purpose of verifying that you are registering for the site and not someone else. We do not make your email address, or any of the other collected information, available to any third party affiliates, agencies, or partners. This data is stored in aggregate form and is in no way singled out in an individual file.We also collect your opinions, likes and dislikes in the optional “Check Later” feature, which you choose to fill out and send to yourself at designated time in the near future. This information is stored in a secure database so that we can send the information back to you based on your selected time frame. We will not share this information with any third party affiliate, agency, or partner. This data is stored in aggregate form and is in no way singled out in an individual file. Our e-Card feature requires users to enter a recipient email address in order to send an e-Card. We do not collect the recipient’s email address. Once recipients receive an e-Card, they can choose to click on link to alert us to not send another e-Card to their address. In these cases, the e-mail address is collected in order for us to block any future e-Cards. A "cookie" is a small file stored on your computer by a Web site that gives you a numeric user ID and stores certain information about your activity on the site. We utilize cookie technology to enable a user to login automatically and to collect data regarding the number of visits a person has made to our site. This data is stored in aggregate form and is in no way singled out in an individual file. This information allows us to know what pages/sites are of interest to our users and what pages/sites may be of less interest. Such information is utilized in revising the website to better meet our users needs and interests. We also may collect personally identifiable information from users through voluntary submissions, as noted above. Prior to any data collection, we use good faith efforts to make it clear why the information is being collected and what it will be used for. We will not share this information with any third party affiliate, agency, sponsor or advertiser. We have taken steps to ensure that personally identifiable information collected is secure, including limiting the number of people who have physical access to its database servers, as well as electronic security systems and password protections which guard against unauthorized access. 8. INDEMNIFICATION You agree to indemnify, defend and hold harmless, Check Yourself, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Terms and Conditions by you. Check Yourself reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Check Yourself in asserting any available defenses. 9. TERMINATION OF SERVICE Actions that may cause termination of account: • Posting or providing links to content that violates these Terms of Service • Using an account that is not yours or is inactive • Signing up for more than one account by the same person • Reproduction or use of another user's content without permission • Invalid e-mail address • Failure to login to your account once every six months