MXSPONSOR.COM TERMS OF USE

INTRODUCTION:
These Terms of Use constitute a contract and govern your use 
and viewing of the content on this website. Please read this 
document carefully.

By clicking "I agree" to initiate membership, browsing, use, 
uploading, data entry and submission (herein referred to as 
"Use") upon and within the MXSponsor.com website (herein 
referred to as the "Site"), you a knowledge that you have 
read, understood and agree to comply and be bound by the 
terms and conditions of this document. If you do NOT agree 
with any part of this agreement, terms and conditions, you 
must not enter nor Use the MXSponsor.com Site.

MXSponsor.com reserves the right to modify, amend, or change 
these Terms and Conditions and your continued use of this 
Website will be conditioned to your acceptance and 
understanding of these Terms and Conditions. The following 
Terms and Conditions apply to all the Use of MXSponsor.com 
its affiliates, partners and all services, products, 
features, communication within the Site. 

DEFINITIONS
Where used in these Terms of Use the word "website" means 
the collection of webpages published by us under the domain 
names www.MXSponsor.com and MXSponsors.com at any point in 
time including but not limited to those webpages containing 
a prefix before the aforementioned domain names in place of, 
or before, the traditional "www" or those websites without 
the "www." prefix, the words "Company", "us", "we", and 
"our" mean MXSponsor.com, an online service ("Service") that 
matches motocross racing user profiles ("Members") with 
sponsorship programs ("Sponsorships") and requirements 
provided by various companies ("Companies") whom have 
sponsorship profiles ("Sponsorship Profiles"), "you", "your" 
and "yours" mean you and anyone who has access to use your 
account for the Website, regardless of whether such 
individual is authorized by you to do so, the phrase 
"website content" means all products, services, software, 
browser plug-ins, webpages, documents, and other things 
offered, provided by, or published on the website, the 
phrase "nonwebsite content" means anything that is not 
website content, and the words "use" or "using" includes any 
online conduct including but not limited to viewing, 
copying, subscribing, purchasing, publishing, and clicking 
on hyperlinks.

GENERAL CONDITIONS
Membership to MXSponsor.com and the Service are voice where 
prohibited. By
Using the Site and the Service, you, the Member represent 
and warrant that all information including personal 
information, race results, background history, and images 
are truthful and accurate. Inaccurate or fraudulent 
information registered or submitted through the Service is a 
material breach of this Agreement. If such a breach of this 
agreement occurs, your Membership will terminated 
immediately and you will be notified via email of the 
termination of your Membership. You additionally represent 
and warrant that you are 13 years of age or older of have 
consent of an adult 18 years of age or older whom is either 
a parent or legal guardian. Members who are under 18 years 
of age may be required to obtain legal signatures from a 
parent or guardian who is 18 years of age or older to agree 
to certain Company conditions and terms set forth in 
requirements for Sponsorships. You also agree that you 
solely responsible for all Content published, displayed, 
entered, uploaded, or amended including but not limited to 
resumes, requests sent, emails, or internal messages with 
Companies or other Members. 

MXSponsor.com’s Service is not guaranteed and there is no 
warranty of any Sponsorships or agreements reached between 
Companies and Members. Sponsorships may be acquired through 
use of the MXSponsor.com Service, however, all negotiations, 
obligations, contracts, rules and regulations pertaining to 
the Sponsorship are the solely and complete responsibility 
of the Member and its sponsoring Company. 

You further agree not to disclose information acquired 
through the MXSponsor.com service including but not limited 
to contact information, terms and disclosure of such 
Sponsorships, contracts, pricing, trade secrets, or other 
information that is deemed confidential by MXSponsor.com, 
its affiliates and or Companies. 

DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS
YOU USE THIS WEBSITE AT YOUR OWN RISK. ALL WEBSITE CONTENT 
AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT 
EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WE HEREBY DISCLAIM 
ALL WARRANTIES AND CONDITIONS REGARDING, INCLUDING BUT NOT 
LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND 
FITNESS FOR A PARTICULAR PURPOSE OR USE, WARRANTIES OF 
WORKMANLIKE EFFORT, AND WARRANTIES OF TITLE AND 
NON-INFRINGEMENT. WE, OUR AFFILIATES, OR OUR SPONSORS WILL 
NOT BE HELD LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, 
SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES 
WHATSOEVER, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, 
STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR AFFILIATES, 
OR OUR SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF 
DAMAGES. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR 
UNAUTHORIZED ACCESS TO YOUR SUBMISSIONS, ALTERATION OF YOUR 
SUBMISSIONS, ANY SUBMISSIONS SENT OR RECEIVED OR NOT SENT OR 
RECEIVED. YOU FURTHER AGREE THAT WE WILL NOT BE RESPONSIBLE 
OR LIABLE FOR ANY CONDUCT OF ANY OTHER PARTY, SUCH AS THE 
POSTING OF THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR 
ILLEGAL CONTENT, THE INFRINGEMENT OF THE RIGHTS OF ANOTHER 
PARTY, INCLUDING INTELLECTUAL PROPERTY RIGHTS. OUR LIABILITY 
TO YOU FOR BREACH OF THESE TERMS OF USE IS LIMITED TO THE 
AMOUNT ACTUALLY PAID BY YOU TO US FOR ACCESS TO AND USE OF 
THE WEBSITE. YOU HEREBY RELEASE US FROM ANY AND ALL 
OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS 
LIMITATION. THE FOREGOING LIMITATIONS, EXCLUSIONS AND 
DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY 
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL 
PURPOSE.

ADDITIONAL TERMS
In certain instances, your use of website content may be 
subject to additional terms (the "Additional Terms"). The 
Additional Terms will be available for review on that 
portion of the website to which the Additional Terms relate. 
Your acceptance of these Terms of Use constitutes your 
acceptance of any Additional Terms applicable to any website 
content. In the event that anything in these Terms of Use 
conflicts with the Additional Terms then these Terms of Use 
supercede such Additional Terms.

SPONSORSHIP AND MEMBER DISPUTES
It is the sole responsibility of Members and Companies to 
resolve any sponsorship disputes and or disputes between 
Companies and or disputes between Members. MXSponsor.com 
reserves the right to participate in the resolving of such 
disputes but also has no obligation to monitor or resolve 
any disputes or complaints. You agree that MXSponsor.com, 
its affiliates, sponsors, employees, agents, partners, 
members, and non-disputed companies are held harmless and 
are without liability to such disputes. 

PRIVACY
In operating the website, we adhere to the Website Privacy 
Statement for the collection and use of your personal 
information. You can review the Website Privacy Statement at 
www.MXSponsor.com/privacy. You should periodically review 
the statement, as it may be updated on a frequent and 
regular basis.

YOUR ACCOUNT AND SECURITY
You are solely and entirely responsible for all activities 
that occur in relation to your account, including but not 
limited to use of the website. It is your responsibility to 
open an account, provide us with accurate, current, and 
complete information, and choose a password and username. 
You are solely and entirely responsible for keeping all your 
information up to date and secure. We are not responsible 
for any loss that you may incur in your use of the website 
caused by negligent conduct. In no event, are we liable for 
any incidental or consequential damages you may incur. By 
agreeing to these Terms of Use, you acknowledge and agree 
that the amount of damages you may incur for any reason 
arising out of or otherwise related to the website, your use 
of website content, or your use of nonwebsite content for 
which we may be held responsible, are not readily 
ascertainable. Therefore, you agree that the appropriate 
measure of damages in such instances will be limited to a 
refund of any of your dues paid for the website or the sum 
of fifty dollars, whichever is higher. You agree to 
indemnify, hold harmless, and defend, us, including payment 
of our reasonable attorneys’ fees, for any action arising 
out of or otherwise related to the website, your use of the 
website content, or your use of the nonwebsite content.

MODIFICATION OF THESE TERMS OF USE
You agree that we may, in our sole and absolute discretion 
and without notice, make discontinuation of services, 
changes or additions to these Terms of Use, the website, or 
the website content, including but not limited to any 
Additional Terms or other terms.

LIMITATIONS ON YOUR USE OF THE WEBSITE
We are providing the website for your personal, 
noncommercial use. Your unauthorized use, solicitation, or 
attempt to use the website content, including but not 
limited to copying, reposting, or actually reselling any 
website content, is expressly prohibited. For instance, you 
may not modify, copy, distribute, transmit, display, 
perform, reproduce, publish, license, create derivative 
works from, or transfer website content without our advance 
express written permission

LINKS TO OTHER WEBSITES
The links included within the website may direct you to 
third-party websites. We do not control such linked 
websites, therefore, we cannot be held responsible for the 
contents of them. We are providing these links as a 
convenience to you, not as an endorsement. Any agreements or 
obligations between you and the parties associated with a 
linked website are solely between you and that party, not 
us. We will not be responsible for them in any way.

NO UNLAWFUL OR PROHIBITED USE
You may not, through any means, attempt to gain unauthorized 
access to the website, other user accounts on the website, 
website content or website content computer systems or 
networks. You may not obtain or attempt to obtain any 
materials or information through any means not specifically 
made available for public or subscriber/member consumption 
through the Website. You agree to abide by all applicable 
local, state, national and international laws and 
regulations governing your use of the website and the 
website contents. The laws of the state of California will 
govern your use of the website and apply to these Terms of 
Use and the Additional Terms. You agree not to use the 
website or the website content in any manner that could 
damage you, us, the website, other users of the website, or 
in a manner that could overload, impair, or cause a system 
failure on equipment used to publish the website or 
containing the website content. You agree not to interfere 
with the use and enjoyment of the website by another. If a 
representative from another website reports that you have 
violated their rules, terms of use, or other agreement, you 
agree that we may take appropriate action just as if you had 
violated these Terms of Use. Your violation of that website 
agreement will be a violation of this agreement.

USE AND OPERATION OF SERVICES
The website may contain message posting services, bulletin 
board services, message delivery and retrieval services, 
email services, chat rooms, newsgroups, personal web pages, 
calendars, photographs, document storage areas and other 
mechanisms enabling you to communicate with other Members 
and Companies. You may only use the website to post, send, 
and receive messages and material that are proper and, where 
applicable, related to the particular website content. We 
will have no obligation to monitor the website or the 
website content, but we reserve the right to review 
materials posted to website service and to remove any 
materials in our sole discretion for any reason, or for no 
reason. We further reserve the right to terminate your 
access to the website or any website content at any time, 
without notice, for any reason whatsoever or for no reason 
whatsoever. We specifically disclaim any liability with 
regard to any website content, messages, or information and 
with regard to any actions resulting from your use of the 
website.

MATERIALS PROVIDED OR POSTED
We respect your rights to your profile information and 
submitted data and will not claim ownership of the materials 
you provide to us. However, by submitting materials you will 
grant us, our affiliates, and all necessary sublicensees, 
permission full and complete rights to use such material, 
including but not limited to license rights to copy, 
distribute, transmit, publicly display, publicly perform, 
reproduce, edit, translate, reformat your submission; to 
publish your name in connection with your submission; and 
the right to sublicense such rights to any party. No 
compensation or royalties will be paid with respect to the 
use of your submission. We are under no obligation to post 
or use any submission you may provide. And, we may remove 
any submission at any time in our sole discretion. In making 
a submission you warrant and represent that you own or 
otherwise control all of the rights to your submission, 
textual, graphical, or otherwise.

MISCELLANEOUS
Claims for enforcement, breach or violation of duties or 
rights under these Terms of Use, violation of consumer 
protection laws, unfair competition laws, or tort actions 
shall be adjudicated under the laws of the State of 
California, without reference to conflict of laws 
principles. You hereby irrevocably consent to the exclusive 
jurisdiction and venue in Sacramento County, California in 
all disputes arising out of or otherwise relating to the use 
of the Website. You agree that no joint venture, 
partnership, employment, or agency relationship exists 
between you and us as a result of these Terms of Use or your 
use of the Website. You agree not to represent yourself to 
be a representative, agent, or employee of us and that we 
will not be liable by reason of any representation, act or 
omission to act by you. You consent to, and we reserve the 
right to, disclose any personal information about you or 
your use of the Website, including its contents, without 
your prior permission. If any part of these Terms of Use is 
determined to be invalid or unenforceable pursuant to 
applicable law including, but not limited to, the warranty 
disclaimers and liability limitations set forth above, then 
the invalid or unenforceable provision will be deemed 
superseded by a valid, enforceable provision that most 
closely matches the intent of the original provision and the 
remainder of these Terms of Use shall continue in effect. We 
may assign these Terms of Use, in whole or in part, at any 
time with or without notice to you, but you may not assign 
these Terms of Use, or assign, transfer or sublicense any 
rights to your account. Except as otherwise stated in the 
Terms of Use, they constitute the entire agreement between 
you and us with respect to the Website and related matters. 
The Terms of Use supersede all prior or contemporaneous 
communications and proposals, whether electronic, oral or 
written, between you and us. A printed version of these 
Terms of Use and of any notice given in electronic form 
shall be admissible in judicial or administrative 
proceedings based upon or relating to these Terms of Use to 
the same extent and subject to the same conditions as other 
business documents and records originally generated and 
maintained in printed form. You and we agree that any cause 
of action arising out of or related to the Website must 
commence within one year after the cause of action accrues; 
otherwise, such cause of action is permanently barred. The 
section titles in the Agreement are solely used for the 
convenience of the parties and have no legal or contractual 
significance.

NOTICES, CONSUMER DISCLOSURES, AND CONSENTS REGARDING 
ELECTRONIC INFORMATION INDEMNIFICATION
You agree to indemnify and hold us, our companies, sponsors, 
parents, subsidiaries, members, affiliates, officers, 
managers, and employees, harmless from any claim, demand, or 
damage, including costs and reasonable attorneys' fees, 
asserted by you or any third party due to or arising out of 
your and the third party’s use of or conduct on the Website. 
We will notify you of any claim for which we seek 
indemnification and will afford you the opportunity to 
participate in the defense of such claim, provided that your 
participation will not be conducted in a manner prejudicial 
to our interests, as reasonably determined by us in our sole 
and absolute discretion.

COPYRIGHT AND TRADEMARK NOTICES
All website content is Copyright (c) 2005 MXSponsor.com. All 
rights reserved. MXSponsor.com may also be either 
trademarked or registered trademarks of the Company in the 
United States, in other countries, in some or all 
jurisdictions. The names of actual companies and products 
mentioned herein may be the trademarks of their respective 
owners. We hereby reserve any rights not expressly reserved 
or granted herein.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT 
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), 
notifications of claimed copyright infringement should be 
sent to us at MXSponsor.com, 455 Capitol Mall Suite 330C, 
Sacramento, CA 95814. © 2005 MXSponsor.com. All rights 
reserved.


To obtain a copy of this agreement, please contact 
legals@mxsponsor.com.