MYFITBANNER.COM MEMBER AGREEMENT This agreement is to establish a mutual understanding of the Terms and Conditions that apply to all members of myfitbanner.com and may not be altered in any way, by any other than myfitbanner.com. In signing up with myfitbanner.com, the applicant verifies the acceptance of these Terms and Conditions Myfitbanner.com is a Free banner exchange for websites with fitness, sport or health related content and will only grant membership to high quality websites in those categories. Myfitbanner.com reserves the right to access the banner and the web site of the member and to verify the correctness and placement of the HTML code provided and also to change the category your banner ad is listed under at its sole discretion. Since this might change the banner ads being displayed on your site and also the sites your banners are displayed, myfitbanner.com will try, but is not obligated to inform you about such changes. Myfitbanner.com reviews all sites before granting membership and will not accept sites that are unfinished, ‘under construction’ or non-official and/or have inappropriate content, adult material or links to pages/sites with such content and banner ads that contain offensive pictures, symbols, gestures or text or anything that is understood as such, innuendos, nudity, images in sexual positions or any other sexual content, anarchistic cookbooks, fraudulent goods, or publicize or lead any illegal activity, or otherwise disregard the Terms and Conditions of this agreement. Myfitbanner.com reserves the right to grant and refuse memberships at its sole discretion. Upon approval, the member guarantees to insert the provided HTML-code within 2 business days. The provided HTML-code may not be modified in any way. The majority of visitors to your site have to be able to see and notice the banner ad displayed. If myfitbanner.com is unable to find the banner ads of other members on your web site or you fail to implement the provided myfitbanner.com HTML code within 2 business days, your account will be terminated. Myfitbanner.com reserves the right to access member accounts at any given time to make sure the Terms and Conditions of this agreement are not disregarded. Banners may only be displayed on approved Websites. Myfitbanner.com is a sponsor supported service and at any given time the advertisement of a sponsor may be displayed on the members web site through the incorporated myfitbanner.com HTML code. Banner Advertising is credited at a 3:2 ratio – for every three banners (of other members or myfitbanner.com) you display on your website, your banner ad will be displayed twice on other members web sites. Myfitbanner.com reserves the right to terminate the membership, with or without notice, if an excessive number of banners for or links to competing banner exchange services are being displayed or so-called banner-pages are used to display banner ads, or the website has none or little original content, or for any disrespect of the items listed below or elsewhere in the Terms & Conditions. Additionally to the above, as a member of myfitbanner.com you are not allowed to use robots or other programs to artificially inflate traffic / banner count and thus increase your own banner ad displays. You are also not allowed to put more than one myfitbanner.com banner (468x60 pixel) and one other banner (468x60pixel) on any single web page on your website, or put myfitbanner.com banners on web pages that go to another page without interaction of the user or reload automatically, or in Pop-Up windows or hidden frames or any other web page that not every visitor has access to, or put them on a web site that hasn’t been approved, or on outgoing e-mail and chat room interfaces. Application for membership confirms and consents myfitbanner.com the use of your website for screen shots of web pages within your web site, which contain myfitbanner.com HTML code for promotional purposes and also the use of your web site information to reveal to third parties e.g. through lists of busiest sites. Myfitbanner.com reserves the right to remove your web site and banner ad from the myfitbanner.com banner exchange without notice at any time, if you are disregarding the guidelines set forth in these Terms and Conditions. GENERAL The services, software, products, information and other materials available at myfitbanner.com may be incomplete and contain errors or inaccuracies and can be changed or deleted every so often. Any information gathered through myfitbanner.com should not be relied upon as 100% true and accurate and therefore not be used instead of expert professional advice. The members of myfitbanner.com are using the services supplied at their own risk. Myfitbanner.com will not be liable for any damage, disclosure or loss of data, information, revenue business or accounts due to the members use of myfitbanner.com. No guarantees will be given regarding availability, security, accuracy, timeliness and dependability. Contents of myfitbanner.com will be displayed as is and myfitbanner.com takes no responsibility or warranty for the accuracy and correctness of such contents. Myfitbanner.com herby disclaims all representations, warranties and conditions, express or implied, with regards to this services, software, products, information and materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall myfitbanner.com be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of myfitbanner.com or related services, with the delay or inability to use myfitbanner.com or related services, the provision of or failure to provide services, or for any information, software, products, services or graphics obtained through myfitbanner.com, or otherwise arising out of the use of myfitbanner.com, whether based on contract, tort, negligence, strict liability or otherwise, even if myfitbanner.com has been advised of the possibility of damages. Some States/Jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this agreement, your sole and exclusive remedy is to not use myfitbanner.com. Without limiting the foregoing, myfitbanner.com is not responsible for any of your data residing on the myfitbanner.com network. You are responsible for backing up your data and information that might reside on the myfitbanner.com network, whether or not such data is produced through the use of myfitbanner.com. It is the members responsibility to ensure that the primary means of its business is maintained. The member agrees to defend, indemnify and hold myfitbanner.com harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys fees) arising from the members violation of the Terms and Conditions set forth in this agreement. Myfitbanner.com reserves the right to deny in its sole discretion any user access to myfitbanner.com without notice. The member is responsible for safeguarding the confidentiality of his/her password(s) and username(s) and for any use or misuse of his/her account resulting from any third party using a password or username of his/hers. Myfitbanner.com may terminate this agreement and member access to myfitbanner.com at any given time with or without cause and with or without notice. Members may cancel their membership at any time.