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Welcome to the Urbancougar of the Month application page! Our Urbancougars of the Month have achieved great notoriety, starring in TV Land's The Cougar, appearing on television programs like The Tyra Banks Show and in the pages of Playboy. You think what you've got what it takes to join their exclusive ranks?

If you do, take a little time to fill out the preliminary questions below and submit a photo. We give careful consideration to the answers to these questions as we're looking for women who embody the urbancougar lifestyle. We love women who take a little time, give some thought, and have a little fun with their answers. And you get bonus points for humor and sexiness!

 



 

Your Name:     Your Email:

Tell us about yourself:
What do you think it means to be a cougar:
Why should you be our next Urbancougar of the Month:
Photo:

WEBSITE TERMS AND CONDITIONS OF USE

Date of Last Revision: August 15, 2008

Thank you (“you” or the “Member”) for visiting the UrbanCougar.com (“UC”) site. By accessing or using our website (the “Site”), you represent that you have read, understand and agree to be bound by these Terms and Conditions of Use (“Terms of Use”), whether or not you are a registered member of UC. UC reserves the right to change these guidelines and disclaimers at any time, without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, AS WELL AS THE PRIVACY POLICY, INCORPORATED IN THESE TERMS AND CONDITIONS BY THIS REFERENCE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

Membership

You may become a Member at no cost. As a Member, but only as a Member, you will have the ability to participate in all of the features and services available within the Site. Membership is void where prohibited, as further described below. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into, and be bound by, these Terms of Use.

As a condition of registering with the Site, you are required to select a member identification (“MemberID”) and password. While UC will keep your MemberID and password confidential in accordance with its Privacy Policy, you are responsible for maintaining the confidentiality of your MemberID and password. You are responsible for all activity that occurs under your MemberID. You must not create multiple member accounts with the intention of artificially inflating ratings or exploiting other features in the Site, including but not limited to member photo quota, if any.

Restrictions on Use; Proprietary Rights

All content on the Site, and available through UC, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, editorial materials, and their selection and arrangement (the "Site Content"), are the proprietary property of UC, its members or its licensors with all rights reserved, and is protected to the full extent of U.S. and International Copyright Laws. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without UC's prior written permission, as further set forth below.

Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print one (1) copy of any portion of the Site Content to which you have properly gained access on any single computer solely for your single, individual, personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Member Content (defined below), you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation (whether your own or that of a third party), and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots (a.k.a. “bots”), scraping or similar data gathering or extraction methods, whether known or unknown. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of UC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use UC icons, site address, or other means to hyperlink other Internet sites with any page in the UC Site.

Any rights not expressly granted by these Terms of Use or any applicable end member license agreements are reserved by UC.

Uploaded and Transferred Materials

The UC Site sometimes requires or invites members to upload and/or transfer artistic materials, including but not limited to personal and non-personal photographs and personal and non-personal stories, articles, or other editorial material. By making such upload or transfer of information and materials to UC, you hereby fully consent to its full, complete and unrestricted use of such material, including but not limited to your name and identification for use on the UC website and its additional promotional materials. All submissions, whether uploaded or transferred by any method, become the sole and exclusive property of UC for use on the UC website and all other mediums of media whether known or unknown. Such ownership rights include, without limitation, the right to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize licenses of the foregoing. You may remove your Member Content from the Site at any time. However choosing to do so does not act to revoke, rescind or cancel UC’s ownership to your Member Content, as such may be saved, copied, cached, or otherwise retained by UC, as further described below.

You agree that any artistic materials, and copyrights thereto, uploaded to the UC Site become the property of UC upon receipt by UC. Any submissions may be used to determine and promote the UrbanCougar of the Month. If your submission is chosen as UrbanCougar of the Month, you agree that your submission and information may be used for any and all purposes in promoting UC and this Site. Your consent to these Terms of Use constitutes a full release of liability to UC for all uses of your inherent Right of Publicity and Right of Privacy.

By uploading photographs, stories or other artistic materials, you represent and warrant that you own said materials without encumbrance and have the right and power to transfer said materials and any copyrights thereto. You further represent and warrant that you have the right and power to license to UC the use of the name, image and likeness of any subject, living or dead, embodied in any materials uploaded to the Site. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any content posted by you on or through the Site.

You agree to indemnify and hold UC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Member Content you post or share on or through the Site, any royalties, or fees or any other monies which may be owing to any person or entity by reason of any content posted by you on or through the Site, your use of the Site, your conduct in connection with the Site or with other members of the Site, or any violation of this Agreement or of any law or the rights of any third party. In the event of such a claim against UC, UC shall have the right to defend and settle any such claim with counsel of its own selection.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display ("post" or “upload”) on or through the Site, or transmit to or share with other members (collectively the "Member Content"). You may not post, transmit, or share Member Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or Member Content in its sole discretion, for any reason or no reason, including Member Content that in the sole judgment of the Company violates these Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members or others, as further described below. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Content you post or store on the Site or provide to UC.

When you post Member Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Member Content on the Site. By posting Member Content to any part of the Site, you acknowledge that, as it becomes the property of UC as stated above, UC, in its sole discretion, may retain archived copies of your Member Content.

Copyright Complaints

We respect the intellectual property rights of others. Members are prohibited from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When we receive proper notification of an alleged copyright infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act (“DCMA”). If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification to the addresses below. Please include the following information in your notification:

> an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed

> identification of the copyrighted work claimed to have been infringed

> a description of where the material that you claim is infringing is located on the Site

> your address, telephone number, and e-mail address

> a 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 and that you have authority to make such a statement

> a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on this Site is:

By postal mail:

DCMA Agent
Eric Farber
Pinnacle Law Group,LLP
425 California Street, #1800
San Francisco, CA 94104

By telephone:
(415) 394-5700

By fax:
(415) 394-5003

By email:
DMCA_agent@urbancougar.com


Repeat Infringer Policy


In accordance with the DMCA and other applicable law, UC has adopted a policy of terminating, in appropriate circumstances and at UC's sole discretion, members who UC, due UC’s receipt of repeated complaints and notices, deems to be repeat copyright infringers. UC may also, at its sole discretion, limit access to the Site and/or terminate the memberships of any members who UC, due to UC’s receipt of repeated complaints and notices, deems to be infringing any intellectual property rights of others, whether or not there is any repeat infringement.

Member Conduct

The Site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or transmitted, will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Site to:

> harvest or collect email addresses or other contact information of other members from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

> use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

> use automated scripts to collect information from or otherwise interact with the Site;

> upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

> upload, post, transmit, share, store or otherwise make available any videos, other than those of a personal nature, that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;

> register for more than one member account, register for a member account on behalf of an individual other than yourself, or register for a member account on behalf of any group or entity;

> impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

> upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

> upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

> solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

> upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

> intimidate or harass another;

> upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

> use or attempt to use another's account, service or system without authorization from the UC, or create a false identity on the Site.

> upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of UC, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose UC or its members to any harm or liability of any type.

The following is a partial list of the kind of content that is illegal or prohibited on the Site. UC 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 Site and terminating the membership of such violators, with or without further notice. It includes, but is not limited to, content that:

> is patently offensive to the online community, 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;

> involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

> 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 images, audio or video, or links to pirated images, audio or video 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 the age of 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 members; and

> engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You may not include in your member profile any telephone numbers, street addresses, last names, URLs or email addresses.

You may not engage in advertising to, or solicitation of, other members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Site or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other members. Although UC cannot monitor, and does not undertake to monitor the conduct of its members on the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, we reserve the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which UC deems appropriate in its sole discretion.

Prohibited Activities

UC reserves the right to investigate and terminate your membership if you have misused the Site, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Site:

> You will not impersonate any person or entity.

> You will not "stalk" or otherwise harass any person.

> You will not express or imply that any statements you make are endorsed by UC without our specific prior written consent.

> You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

> You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

> You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.

> You will not interfere with or disrupt the Site or the servers or networks connected to the Site.

> You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

> You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site.

> You will not "frame" or "mirror" any part of the Site, without UC's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to UC or the Site in order to direct any person to any other web site for any purpose.

> You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.

Trademark Notice

URBANCOUGAR, URBANCOUGAR.COM, COUGAR OF THE MONTH, URBANCOUGAR OF THE MONTH, and COUGAR GEAR are the logos, trademarks, and service marks of UrbanCougar, Inc., all pending or registered in the U.S. Patent and Trademark Office. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. These trademarks may not be used in any way, except by the express written permission of UC, including but not limited to, in any manner that is likely to cause confusion, dilute UC’s marks, or in any manner that discredits UC.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to UC, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; (e) immediately notify UC of any unauthorized use of your member name or password or any other breach of security, and (f) ensure that you exit from your account at the end of each session. UC will not be liable for any loss or damage arising from your failure to comply with this provision.

Monitoring Of Access

Access to this Site is electronically and automatically monitored. The requesting URLs, the machine originating your request, and the time of the request are automatically electronically logged for access statistics and security purposes. Use of this Site constitutes consent to such electronic monitoring of such statistical information.

Availability of Services and Products

Information that UC publishes on the Internet may contain references or cross-references to UC products, programs and services that are not announced or available in your geographic location or jurisdiction. Such references do not imply that UC intends to announce such products, programs or services in your country. Consult your local UC business contact for information regarding the products, programs and services which may be available to you. UC and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Website is void where prohibited.

Use of Other Websites

The Site contains, or may contain (or you may be sent through the Site to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

UC makes no representations whatsoever about any other website which you may access through the Site. When you access a non-UC website, you acknowledge that it is independent from UC, and that UC has no control over the content on that website. In addition, a link to a non-UC website does not mean that UC endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. IN NO EVENT WILL UC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The inclusion on this Site of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by UC.

The descriptions of, and references to, products, services and companies on this Website are the sole responsibility of the companies providing the information ("advertisers"), and not UC.

Our Store

All listings posted on or through the Cougar Gear online store service on CafePress.com (the “Store”) and all transactions conducted in connection therewith are subject to and governed by the CafePress.com Terms of Service (the "CP Terms of Service ") as well as these Terms of Use. When you visit the Store, in any manner, you are agreeing to abide by and be subject to the CP Terms of Use and the other applicable rules set forth in these Terms of Use. The CP Terms of Use are subject to change without prior notice at any time, in CafePress.com’s sole discretion, so you should review the CP Terms of Service each time you visit the Store. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through the Store. You acknowledge that UC is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by UC applicable to the Store are set forth on the CafePress.com website, and all terms and conditions applicable to such fees are set forth in the CP Terms of Use. However, please note that ALL USE OF THE STORE IS PROVIDED "AS IS" AND AT YOUR OWN RISK.

Interactions with Other Members

You are solely responsible for your interactions with other members. You understand that UC does not in any way screen its members, nor does UC inquire into the backgrounds of its members or attempt to verify the statements of its members. UC makes no representations or warranties as to the conduct of members or their compatibility with any current or future members. In no event shall UC be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered members of this Site or persons you meet through this Site. You agree to take reasonable precautions in all interactions with other members of the Site, particularly if you decide to meet offline or in person. You understand that UC makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Site. You should not provide your financial information (for example, your credit card or bank account information) to other members. We reserve the right, but have no obligation, to monitor disputes between you and other members.

Disclaimer

The content included in this Site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Site. UC makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Site or content, or the suitability, functionality, or operation of this Site or its content. By using this Site, you assume the risk that the content on this Site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. UC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL UC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF UC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that UC is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and UC reserves the right to remove such materials from the UC Site without liability, with or without notice.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. UC 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, Member communications. UC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to Member's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Site. Under no circumstances will UC be responsible for any loss or damage, including any loss or damage to any Member content or personal injury or death, resulting from anyone's use of the Site, any Member content posted on or through the Site or transmitted to members, or any interactions between members of the Site, whether online or offline.

THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Termination

UC may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.

Blocking of IP Addresses.

In order to protect the integrity of the Site, UC reserves the right at any time in its sole discretion to block members from certain IP addresses from accessing the Site.

Arbitration

YOU AND UC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND THE SITE (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Store may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in the city of San Francisco, County of San Francisco, State of California, and the allocation of costs and fees for such arbitration shall be determined in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER MEMBER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than three (3) years after the cause of action arose.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you or through your MemberID to UC are non-confidential and shall become the sole property of UC. UC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Choice of Law and Venue

These Terms and Conditions of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California exclusive of its choice of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Francisco in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Entire Agreement

These Terms of Use constitute an agreement, the agreement, and the entire agreement between UC and you pertaining to the subject matter of this agreement. In its sole discretion, UC may modify these Terms of Use by posting the revised version on this Site.

Questions or Concerns

If you have questions or concerns about these Terms of Use please contact termsandconditions@urbancougar.com. Your use of UrbanCougar.com evidences your agreement to these Terms of Use.

I HAVE READ THESE TERMS AND CONDITIONS OF USE, AND I AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Privacy Policy


1. Introductory Statement

Thank you for visiting UrbanCougar.com, an UrbanCougar, Inc. (“UC”) website. Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at this UC site.

By accepting this privacy policy and our Terms and Conditions of Use (“Terms of Use”), you expressly consent to our use and disclosure of your personal information in the manner described in this privacy policy. This privacy policy is incorporated into and subject to the Terms of Use. If you do not agree to these terms, please do not use or visit our website.

UrbanCougar, Inc. (“UC”, “we”, “us”), which owns and operates the urbancougar.com web site (our “Site”), has created this privacy policy as part of our commitment to helping our users better understand what information we collect about them and what we may do with that information. The following discloses our information gathering and dissemination practices for our Site.

We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. As part of the normal operation of our Site, we collect and, in some cases, may disclose information about you. Accordingly, by submitting photographs, stories, and/or any personal information or editorial material, you thereby waive any privacy expectations you have with respect to our use of your likeness or personal or editorial information provided to us in connection with the Site. If you do not wish to have such pictures or information that you provided viewed by or disclosed to other users, do not use our Site.

2. A Special Note About Children
Children are not eligible to use our Site. We ask that minors (under the age of 18) not submit any personal information to us. We do not knowingly collect any personal information from children under the age of 13.

3. Information We Collect
Our primary goal in collecting personal information is to provide you with a smooth, efficient and customized experience. This allows us to provide services and features and to customize our Site to make your experience better.

We collect two types of information: personally identifiable information (PII) and non-personally identifiable information (Non-PII), which is also referred to as aggregate and anonymous data. We collect this information in a variety of ways through the features provided on our Sites, such as registration, when you communicate or otherwise interact with us, contests or promotions, or when you purchase a product or service through our Site. Providing us with PII is your choice, and you can always choose not to provide certain information, but then you may not be able to take advantage of some of the Site’s features.

(a) Personally Identifiable Information

PII is data used to identify, contact or locate a person, including name, address, telephone number, email address, fax number, credit card information, and information about your interests in and use of various products, programs, and services.

(b) Non-Personally Identifiable Information

Non-PII is information that is anonymous or not linked to a particular person such as your Internet Protocol (“IP”) address, type of web browser, operating system, site entry/exit pages, date/time stamp, clickstream data, and the domain name of your Internet Service Provider.

(c) User Profiles

You agree that we may feature your public profile information in, among other places, editorials and newsletters that we may periodically post elsewhere on the Site or send out to our users. Your non-public profile information including real name, email address, postal address and telephone number are confidential and will not be posted by us in your profile or used in any editorial or newsletter feature. The Terms of Use prohibit you from including such information in your profile. Your profile is available for view on our Site, by both registered users and anonymous visitors who view our Site. Users’ profiles include a description, photos, likes and dislikes, individual essays, and other information helpful in rating and communicating with that user. Your viewable profile does not include any identifying information about you, except the photo(s) you choose to submit and the username you chose upon registering.

(d) Use of Cookies

We use data collection and persistence devices such as “cookies” on certain pages of our Site for practical purposes. “Cookies” are small files placed in memory and/or disk on your computer that assist us in providing customized services and better functionality as you move from page to page within our Site. Cookies make the personalization of your Internet experiences possible. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie. For example, without the use of cookie files, it would be virtually impossible for us to remember your username and password as you click from page to page and you would need to log-in over and over again as you interact with pages of site that need to know who you are what actions you have taken in previous pages of a session. We also offer certain features that are only available through the use of a cookie. You are always free to decline our cookies if your browser permits; however, many aspects of our Site may not work properly without them.

Web Beacons and Web Bugs

Generally, a web beacon consists of a small string of software code that represents a graphic image request on a Web page in an email message. There may or may not be a visible graphic image associated with the web beacon and often the image is designed to blend into the background of a Web page or email. Web beacons can be used for many purposes – including site traffic reporting, unique visitor counts, advertising auditing and reporting, and personalization. The web beacons on our Site collect only Non-PII or anonymous data. We may use web beacons to do the following: count users who have visited specific pages or access certain cookies; monitor traffic and conversion patterns through our various product and other offerings on our Site; personalize your experience when you visit our Site, including the advertising content you see; and determine whether or not messages were opened, links were clicked or notifications/offers were acted upon.

4. Information You Provide About Yourself While Using our Site
We provide areas on our Site where you can post information about yourself and others and communicate with others or upload content such as photographs and editorial material. Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

5. Our Use of Your Information
We use information in the files we maintain about you, and the other information we obtain from your current and past activities on the Site, to resolve disputes, troubleshoot problems and enforce our Terms of Use. At times, we may review the data of multiple users to identify problems or resolve disputes.

You agree that we may use PII to improve our marketing and promotional efforts, to analyze Site usage, improve our content and product offerings, and customize our Site’s content, layout, and services. These uses improve our Site and may better tailor it to meet your needs.

You agree that we may use your information to contact you and to deliver information to you regarding your account, administrative notices, newsletters and/or alerts for which you have opted-in and may cancel at any time, product offerings and communications relevant to your use of the Site. We collect all email addresses that you provide to us, and communicate with you via email in accordance with your preferences. When creating a user profile, you select the notifications that you wish to receive from us. For users that pay for our subscription service, we occasionally notify those users by email about account renewal dates, cancellations, changes in service or other operational concerns fundamental to the delivery of a high quality paid experience. We do not share your email address with any other users of our Site, including paid subscribers. While we may maintain a copy of your email address if you send us an unsolicited email inquiry, we will not alter the email notifications that you have selected.

If you do not wish to receive all of these communications, you may opt out of the receipt of certain communications when creating or editing your user profile or by clicking “unsubscribe” in any email communications from us. By accepting this privacy policy and not changing your notification preferences, you expressly agree to receive this information. To edit this information you can, at any time, log-in to your account and go to the “Edit Account Settings” section of the profile where each key type of personal information and opt-in is clearly displayed and easy to change. You can also learn more about opting out of these communications by reading the Frequently Asked Questions section of our online Help area.

We use your email address to deliver important service-related announcements. Example service-related announcements include: email verification during registration, requests for password reset, important security or server maintenance updates, software updates, upgrades, and new releases, or policy changes. These service-related announcements are considered a fundamental part of our web service, and users cannot opt-out of these email announcements.

In order to improve the experience for our users, we will offer you the ability to sign up for optional email communications, such as regular updates from our corporate website, or email alerts and newsletters for specific web guides. These communications are enhancements to our service and are entirely optional. We will ask for your consent before sending you promotional communications, and will make it easy for you to unsubscribe from these communications, either through the emails or though your member profile page.

Some of our features, such as the group blog and forum, allow you to communicate with other members by posting public messages. Please be aware that what you write in these public messages can be viewed, collected or used by anyone who visits our website. We are not responsible for any personally identifiable information that you submit or permit others to submit through public messages.

If you have consented to receive promotional materials (e.g., newsletters) or notifications from UC, UC may periodically use your email address to send you such materials related to the UC Site, as applicable. If you want to stop receiving such materials from UC, you can change your profile settings under “Account Settings,” or follow the unsubscribe instructions at the bottom of each email.

UC employees, agents and contractors must have a business reason to obtain access to your PII. UC may share your PII with those who help us manage or provide Site information activities (for example, message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.

These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide UC with a specific service and not for any other purpose. UC may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. UC also may share your PII with Affiliated Companies if it has a business reason to do so.

UC sometimes may offer content (e.g., contests, sweepstakes, or promotions) that is sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the site activity. UC has no control over these third parties' use of this information. UC will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.

UC may use a reputable third party to present or serve the advertisements that you may see at its Web pages. These third party ad servers may use cookies, web beacons, or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our privacy policy.

When a user who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that user is responsible for ensuring that such information conforms to all local data protection laws. UC is not responsible under the EU local data protection laws for user-posted information.

6. Our Disclosure of Your Information
Due to the regulatory environment in which we operate, we cannot ensure that all of your private communications and other PII will never be disclosed in ways not otherwise described in this privacy policy. By way of example (without limiting any of the foregoing), we may be required to disclose information to the government, law enforcement agencies or third parties. Under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from our Site. Accordingly, although we use industry standard practices to protect your privacy, we do not guarantee, and you should not expect, that your PII or private communications will always remain private.

As a matter of policy, we do not sell or rent any PII about you to any third party. However, the following describes some of the ways that your PII may be used or disclosed.

Financial Information

Under some circumstances we may require certain additional information, including but not limited to your credit card billing information. We use this financial information, including your name, address, and other information to bill you for use of our subscription services and products. By purchasing a subscription, making a purchase, or engaging in any other kind of activity or transaction that uses financial information on the Site, you consent to our providing of your financial information to our service providers and to such third parties as we determine necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support your transaction or activity. By purchasing, or registering for, or making reservations for products or services of third parties offered on the Site, or by participating in programs offered on the Site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Any of these various third parties may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all information submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us.

Advertisers

We may aggregate (gather up data across multiple users’ accounts) PII and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes. However, in these situations, we would not disclose to these entities any information that could be used to identify you personally. We do not disclose PII, such as your name, email address, password, credit card number and bank account number, are never disclosed to marketing advertisers.

We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and web beacons (also known as action tags) to measure advertising effectiveness and to better manage the advertising on our Site. For example, the companies typically gather data about consumers who view their ads. That data is anonymous - linked only to a numbered cookie on a user’s computer. Networks collect and analyze this data to make a variety of inferences about each consumer’s interests and preferences. The result is a profile that attempts to predict the individual consumer’s tastes, needs, and purchasing habits. That profile enables the advertising companies’ computers to make split-second decisions about how to deliver ads directly targeted to the consumer’s specific interests. This is called online preference marketing.

Some advertisers also track and analyze anonymous usage and browsing patterns of the visitors to our Site. All data collected by these third parties on behalf of our Site is owned and used by us, but is licensed to the third party for the purposes of creating behavioral information segments. We use this information to help provide our advertisers with more targeted advertising opportunities, which means that users see advertising that is most likely to interest them and advertisers send their messages to people who are most likely to be receptive, improving both the viewer’s experience and the effectiveness of the ads. In addition, the third parties can sell the behavioral information segments to other third parties for use in ads on other web sites.

Other Corporate Entities

We may share much of our data, including PII about you, with our parent, subsidiary and other affiliated companies (each an “Affiliate”), if any, that are committed to serving your online needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. Our Affiliates will follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. It is possible that we or one or more of our Affiliates, or any combination of such, could merge with or be acquired by another business entity. In connection with the due diligence review involving such a potential transaction, we may share some or all of your PII with potential acquirers, merger partners or investors, and their agents (including professionals). We would require that these third parties sign non-disclosure agreements and would endeavor to disclose as little PII as possible. Should such a combination then in fact occur, you should expect that we would share some or all of your information in order to continue to provide the Site.

Legal Requests

We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, potential threats to the physical safety of any person, violations of our Terms of Use, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability or is necessary to exercise our legal rights or defend against legal claims. We can (and you authorize us to) disclose any information about you in response to subpoenas, court orders, legal process, governmental investigative demands or where we believe, in our sole discretion, disclosure is necessary to comply with the law.

7. Your Use of Other Users Information

Our Site also includes access to instant messaging and chat rooms. As a user you have access to users’ user names, and you might gain access to other contact information of other users through the regular use of the Site. By accepting this privacy policy, you agree that, with respect to other users’ PII that you obtain through the Site, we hereby grant to you a license to use such information only for: (a) communications related to the Site that are not unsolicited commercial messages, and (b) any other purpose to which such user expressly agrees after complete disclosure of the purpose. In all cases, you must give users an opportunity to remove themselves from your database. In addition, under no circumstances, except as defined in this privacy policy, may you disclose PII about another user to any third party without our consent and the consent of such other user after adequate disclosure. We and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Site user to your mail list (email or physical mail) without their express consent after adequate disclosure of your intentions.

8. Accessing, Reviewing and Changing Your Profile
Following registration, you can review and update the information you submitted during registration by logging-in and going to the “Edit Account Settings” section of your profile. You are always free to change your password and email address, name, address, city, state, zip code, country, phone number, profile, likes and dislikes (keywords), desired date profile, personal descriptions/essays, and saved search criteria. If you change any of the foregoing information, we may retain a record of your old information.

Upon your notification, we will remove your profile from our active databases as soon as reasonably possible in accordance with our policy and applicable law. To hide or remove your profile so that others cannot view it, log-in to your profile and go to the “Edit Account Settings” section of your profile (this section is clearly labeled in the left-hand navigation bar that is part of all profile pages).

We will retain in our files information you have requested be removed from our active databases for certain purposes, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information may never be completely removed from our databases due to technical and legal constraints, including stored ‘back up’ systems. Therefore, you should not expect that all of your PII will be completely removed from our databases in response to any request you may submit.

9. Control of Your Password
You are responsible for all actions taken with your login information and password, including fees. Therefore we do not recommend that you disclose your Site password or login information to any third party. If you choose to share this information with any third party, you are responsible for all actions taken with your login information and password. If you lose control of your password, you may lose substantial control over your PII and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised in any way, you should immediately change your password.

10. Other Information Collectors
Except as otherwise expressly described in this privacy policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Site or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers or have third party e-commerce partners, they adhere to their own privacy policies. Since we do not control the privacy policies of any third parties, you should investigate their policies before you disclose your personal information to them.

Third party applications (such as widgets) created by third party developers may also be available through the UC Site. Third party applications are small bits of software, often with interactivity, that can be installed into users’ profiles or shared with other users. However, UC does not control the third party developers, and cannot dictate their actions. When a user engages with a third party application, that user is interacting with the third party developer, not with UC. UC encourages users not to provide PII to the third party’s application unless the user knows the party with whom it is interacting.

11. Security
We treat data as an asset that must be protected against loss and unauthorized access. To safeguard the confidentiality and security of your PII, we use industry standard practices and technologies including but not limited to “firewalls”, encrypted transmission via SSL (Secure Socket Layer) and strong data encryption of sensitive personal and/or financial information when it is stored to disk.

12. Notice
We may change this privacy policy from time to time based on changes in the law, your comments, or our need to accurately reflect our data collection and disclosure practices. We will notify you about significant changes in the way we treat personal information by sending you a notice via email or by placing a prominent notice on our Site. If we notify you by email, we may include a message in that email that you will be deemed to have consented to any changes in the privacy policy if you do not object within a certain amount of time of our sending the email notification. We may also require you to agree to any changes in the privacy policy in a manner similar to the way you have agreed to the terms and conditions of this current edition of our privacy policy.

13. How to Contact Us
If you have any questions about this privacy policy or our information-handling practices, please contact us by email or postal mail as follows:

Privacy Officer
UrbanCougar, Inc.
3991 Macarthur Blvd # 175
Newport Beach, CA 92660

privacy@urbancougar.com

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