VISITOR AGREEMENT!

Welcome to XcitementMedia.com, one of the family of educational and entertainment-oriented sites brought to you by Xcitement Media, Inc. Please read this Visitor Agreement; by using this site, you accept its terms. This Visitor Agreement applies to all of the Web sites owned and operated by Xcitement Media. The entire family of Xcitement Media Web sites is referred to collectively in this Visitor Agreement as the "Xcitement Media Sites." In addition to XcitementMedia.com, the Xcitement Media Sites include, without limitation, the following sites: XcitementMag.com, XcitementMedia.com/Fitness and XcitementMedia.com/Xcitate. This particular site may not have all of the features discussed in the Visitor Agreement. Additional terms and conditions may apply to some services offered on the Xcitement Media Sites. Such terms and conditions may be found at the place where the service is offered.

The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By continuing to use any of the Xcitement Media Sites after we post any such changes, you accept the Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue the Xcitement Media Sites, or any portion of the Xcitement Media Sites, at any time.

Xcitement Media respects the privacy of our users. Please take a few minutes to review our Privacy Policy.

If you disagree with any material you find on the Xcitement Media Sites, we suggest that you respond by noting your disagreement in an appropriate site forum. We invite you to bring to our attention any material you believe to be factually inaccurate. Please forward a copy of the material to our Media Editor, along with an explanation of your disagreement.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Xcitement Media Sites, please notify us by sending email to our Media Editor or by sending a notice by U.S. Mail to: Xcitement Media Group, Media Editor, 12200 Ford Rd., Ste. 230, Dallas, TX 75234.

The material that appears on the Xcitement Media Sites is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Xcitement Media Sites, you should confirm any facts that are important to your decision. XcitementMedia.com and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Xcitement Media Sites. XcitementMedia.com is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another Web site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by XcitementMedia.com or its licensors.


USE OF HEALTH INFORMATION FROM XCITEMENTMEDIA.COM/FITNESSANDHEALTH.HTML The information that appears on XcitementMedia.comFitnessandHealth.html is presented in summary form only and is intended to provide general consumer understanding of health care topics. The information should not be used in place of a visit, call or consultation with a physician or other health care provider. XcitementMedia.com/fitnessandHealth.html does not recommend the self-management of health or medical problems, nor does XcitementMedia.com/fitnessandHealth.html promote or recommend any particular form of medical or alternative treatment. People using information accessed through XcitementMedia.com/fitnessandHealth.html should also research original sources of authority. Information obtained by using XcitementMedia.com/fitnessandHealth.html is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or visit your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of something you have read on XcitementMedia.com/fitnessandHealth.html. You should always seek prompt medical care for any specific health issue and consult a physician before starting a fitness regiment.

XcitementMedia.com expects that you will not use the service to violate anyone's copyright, trademark or other intellectual property rights. By submitting material to the Xcitement Media Sites, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

NO SOLICITING No soliciting. You agree not to use the Xcitement Media Sites to advertise or to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

NO SPAMMING No spamming. From time to time, users post their email addresses in our chat rooms, forums and other public-posting areas. You agree not to gather these email addresses for purposes of spamming, that is, sending unsolicited email.

USE OF MATERIALS All material you submit to any of our chat rooms, forums and other public-posting areas becomes the property of XcitementMedia.com and may be reproduced, modified and distributed as we see fit in any medium and for any purpose. You warrant that all moral rights in any material that you submit to us have been waived.

The Internet allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us.

Although we make the Xcitement Media Sites freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the Xcitement Sites. The materials available through the Xcitement Media Sites are the property of XcitementMedia.com or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, noncommercial use information you receive through the Xcitement Media Sites. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Xcitement Media Sites in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on the Xcitement Media Sites, and to tell them how to find it.

Requests for permission to reproduce or distribute materials found on the Xcitement Sites should be sent to: Xcitement Media, General Manager, 12200 Ford Rd., Ste 230, Dallas, TX 75234 or letters@XcitementMedia.com.

LINKING We welcome links to the Xcitement Media Sites. You are usually free to establish a hypertext link to any of the Xcitement Media Sites so long as the link does not state or imply any sponsorship of your site by any of the Xcitement Media Sites or Xcitement Media Group, Inc. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.

FRAMING No Framing. Without the prior written permission of Xcitement Media, you may not frame any of the content of the Xcitement Media Sites, or incorporate into another Web site or other service any intellectual property of XcitementMedia.com, the Xcitement Media Sites, Xcitement Media Group or any of their licensors. Requests for permission to frame our content may be sent to the General Manager, either by email or at the address above.

TRADEMARKS We don't want anyone to be confused as to which materials and services are provided by Xcitement Media and which are not. You may not use any trademark or service mark appearing on the Xcitement Media Sites without the prior written consent of the owner of the mark. Xcitement Media, XcitementMedia.com, XcitementMedia.com/FitnessandHealth.html, the Xcitement Media Group logos, the "X" logo and all of the logos associated with any of the foregoing products and services, are trademarks and/or service marks of Xcitement Media.

DISCLAIMER OF WARRANTIES AND LIABILITY We work hard to make the Xcitement Media Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the Xcitement Media Sites.

YOU AGREE THAT YOUR USE OF THE XCITEMENT MESDIA SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE XCITEMENT MEDIA SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY XCITEMENT MEDIA SITE OR ANY MATERIAL AVAILABLE THROUGH THE XCITEMENT MEDIA SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE XCITEMENT MEDIA SITES.

THE XCITEMENT MEDIA SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE XCITEMENT MEDIA SITES, XCITEMENT MEDIA GROUP, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE XCITEMENT MEDIA SITES, NOR DO THEY GUARANTEE THAT THE XCITEMENT MEDIA SITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE XCITEMENT MEDIA SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL THE XCITEMENT MEDIA SITES, XCITEMENT MEDIA GROUP, INC., OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE XCITEMENT MEDIA SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE XCITEMENT MEDIA SITES, XCITEMENT MEDIA GROUP, INC., AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE XCITEMENT MEDIA SITES, XCITEMENT MEDIA GROUP, INC., AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE XCITEMENT MEDIA SITES SHALL NOT EXCEED THE AMOUNT YOU PAID TO XCITEMENT MEDIA GROUP, INC. FOR THE USE OF THE XCITEMENT MEDIA SITES.

MISCELLANEOUS The Xcitement Media staff does its best to ensure that information we post to the Xcitement Media Sites is both timely and accurate. But the news changes over time and reports that were accurate when posted quickly become, well, old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we don't go back and change the original report to reflect new developments. If you're looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you're not looking at an out-of-date report.

To obtain access to certain services on the Xcitement Media Sites, you may be given an opportunity to register with the Xcitement Media Sites. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, or attempt to enter any Xcitement Media Site under the name of, another person. Xcitement Media reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Xcitement Media of any known or suspected unauthorized use of your account. You must be at least 13 years old to register on XcitementMedia.com. Please inform XcitementMedia.com if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by returning to the registration screen and resubmitting an updated profile form.

You agree to indemnify, defend and hold harmless Xcitement Media Group, Inc., its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys' fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any Xcitement Media Site using your account.

This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of Texas. By using this Xcitement Media Site, you consent to the exclusive jurisdiction of the state and federal courts located in Texas, in all disputes arising out of or relating to this agreement or use of this Web site or any of the Xcitement Media Sites.



In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.

By using the Xcitement Media Sites, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using the Xcitement Media Sites, and we welcome suggestions for improvements. Thanks for making XcitementMedia.com part of your Xcitement online!

You Are Visitor
Since March 17, 2006

Copyright © 2006 Xcitement Media Group, LLC.