Effective August 1, 2008. PRIVACY POLICY Welcome to Rower’s Room, an online directory that connects the rowing community through social networking. The Rower’s Room service and network (collectively, "Rower’s Room" or "the Service") are owned and operated by Rower’s Room, LLC (collectively, "us", "we" or "the Company"). Rower’s Room Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using Rower’s Room located at www.RowersRoom.com ("Rower’s Room" or "Web Site"). By using or accessing Rower’s Room, you are accepting the practices described in this Privacy Policy. THE INFORMATION WE COLLECT When you visit Rower’s Room you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site. When you register with Rower’s Room, you provide us with certain personal information, such as your name, your email address, your telephone number, your address, your gender, schools attended, Rower’s club, and any other personal or preference information that you provide to us. When you enter Rower’s Room, we collect your browser type and IP address. This information is gathered for all Rower’s Room visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to Rower’s Room. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature. When you use Rower’s Room, you may form relationships, send messages, perform searches and queries, form groups, set up events, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information. If you post personally identifiable information in areas of the Web Site accessible to other user, you should be aware that such information can be read, collected, or used by other users of these forums, and could be used improperly to send your unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums or for others’ misuse of such information. Any misuse or improper collection of information provided on RowersRoom.com is a violation of the RowersRoom.com Terms of Service and should be reported through to our webmasters at info@Rowersroom.com. If you chose to use our invitation services to tell a friend about our site, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Company stores this information to send this one-time email, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at info@Rowersroom.com to request that we remove this information from our database. We may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of the Service through the operation of the Service in order to provide you with more useful information and a more personalized experience. By using Rower’s Room, you are consenting to have your personal data transferred to and processed in the United States. WE DO NOT KNOWINGLY COLLECT INFORMATION FROM CHILDREN We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, do not send any information about yourself to us, including your name, address, telephone number, or e-mail address. No one under age 13 is allowed to provide any personal information to us or on Rower’s Room. In the event that we learn that we have collected personal information from anyone under the age of 13, we will delete that information as quickly as possible. If you believe that we might have any information from or anyone under the age of 13, please contact us at info@RowersRoom.com. PARENTS ARE ALLOWED TO REVIEW THE PERSONAL INFORMATION SUBMITTED BY THEIR CHILDREN BY CONTACTING ROWER’S ROOM AT info@ROWERSROOM.COM. IF REQUESTED, ROWER’S ROOM CAN DELETE THEIR CHILD’S PERSONAL INFORMATION FROM THE WEBSITE BY CONTACTING ROWER’S ROOM AT info@ROWERSROOM.COM. USE OF INFORMATION OBTAINED BY ROWER’S ROOM When you register with Rower’s Room, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, are displayed to people in the networks specified in your privacy settings to enable you to connect with people on Rower’s Room. We may occasionally use your name and email address to send you notifications regarding new services offered by Rower’s Room that we think you may find valuable. Profile information is used by us primarily to be presented back to and edited by you when you access the Service and to be presented to others permitted to view that information by your privacy settings. In some cases where your privacy settings permit it (e.g., posting to your Comments), other Rower’s Room users may be able to supplement your profile. You can delete these comments if you wish. Profile information you submit to Rower’s Room will be available to users of Rower’s Room who belong to at least one of the networks you allow to access the information through your privacy settings. People who see your name in searches, however, will not be able to access your profile information unless they have a relationship to you that allows access based on privacy settings. ROWER’S ROOM WILL NOT REQUEST MORE INFORMATION THAN IS REASONABLY NECESSARY FOR YOUR PARTICIPATION IN ROWER’S ROOM AND ITS RELATED ACTIVITIES (I.E. FAN CLUBS, CONTESTS, ETC.). Rower’s Room will send you only service-related announcements from time to time through the general operation of the Service. For instance, if a friend sends you a message, you may receive an email alerting you to that fact. Generally, you many not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. We may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people at a school like a band or movie and personalizing advertisements and promotions so that we can provide you Rower’s Room. For example, if you put a favorite movie in your profile, we might serve you an advertisement highlighting a screening of a similar one in your town. But we don't tell the movie company who you are. SHARING YOUR INFORMATION WITH THIRD PARTIES We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you (OR YOUR PARENT IF YOU ARE UNDER THE AGE OF 13). For example: • We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to send out email updates about Rower’s Room, to remove repetitive information from our user lists, to process payments for products or services, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the Rower’s Room-specified purposes. SUCH PROTECTIONS INCLUDE MAINTAIN THE CONFIDENTIALITY AND SECURITY OF YOUR INFORMATION. • We occasionally provide demonstration accounts that allow non-users a glimpse into the Rower’s Room world. Such accounts have passwords that are changed regularly to limit possible misuse. • We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Service or using the Rower’s Room name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies. • We let you choose to share information with marketers or electronic commerce providers through sponsored groups or other on-site offers. • We may offer stores or provide services jointly with other companies on Rower’s Room. You can tell when another company is involved in any store or service provided on Rower’s Room, and we may share customer information with that company in connection with your use of that store or service. • If the ownership of the Web Site, Service, or individual business units owned by Octagon were to change, your user information may be transferred to the new owner so the service can continue operations. In any such transfer of information, your user information would remain subject to the promises made in any pre-existing Privacy Policy. PARENTS: YOU HAVE THE RIGHT TO CONSENT TO ROWERSROOM.COM’S COLLECTION AND USE OF YOUR CHILD’S PERSONAL INFORMATION, BUT YOU MAY REQUEST THAT SUCH INFORMATION NOT BE DISCLOSED AND/OR NO LONGER BE DISCLOSED TO THIRD PARTIES BY CONTACTING ROWERSROOM.COM AT INFO@ROWERSROOM.COM. LINKS Rower’s Room may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected on the Rower’s Room Web Site. THIRD PARTY ADVERTISING Advertisements that appear on Rower’s Room are sometimes delivered (or "served") directly to users by third party advertisers. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and "web beacons" (also known as "1 x 1 gifs") to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. We do not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on Rower’s Room unless you choose to share it with them. This Privacy Policy covers the use of cookies by Rower’s Room and does not cover the use of cookies or other tracking technologies by any of its advertisers. CHANGING OR REMOVING INFORMATION Access and control over most personal information on Rower’s Room is readily available through the profile editing tools. Rower’s Room users may modify or remove their profile information at any time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate their Rower’s Room account may do by sending an email to info@RowersRoom.com and writing their request for removal in the email. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to members of Rower’s Room. Where you make use of the communication features of the service to share information with other individual on Rower’s Room, however, you generally cannot remove such communications. SECURITY Rower’s Room member accounts are secured by member-created passwords. We take precautions to insure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. For any additional information about the security measures we use on Rower’s Room, please contact us a info@RowersRoom.com. TERMS OF USE, NOTICES AND REVISIONS If you choose to visit Rower’s Room, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of, and application of law of the Commonwealth of Massachusetts. We reserve the right to change our Privacy Policy and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page this Privacy Policy's effective date. We therefore encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. QUESTIONS If you have any questions about this Privacy Policy, please contact us at info@RowersRoom.com. By mail: Rower’s Room PO BOX 503, Milton MA 02186 ATtn: RowersRoom Administrator

 

TERMS OF USE

Effective August 1, 2008 INTRODUCTION Welcome to Rower’s Room, an online directory that connects Rowers through social networking. The Rower’s Room service and network (collectively, "Rower’s Room" or "the Service") are owned and operated by Octagon, Inc. (collectively, "us", "we" or "the Company"). By using the www.RowersRoom.com web site (the "Web Site") you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Service or the Web Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Service or the Web Site. It is your responsibility to regularly review these Terms of Use. ELIGIBILITY You must be thirteen years of age or older to register as a member of Rower’s Room (a "Member") or use the Web Site. If you are under the age of 13, you are not allowed to register and become a member of Rower’s Room or access Rower’s Room’s content, features and services on the Web Site. Membership in the Service is void where prohibited. By using the Service or the Web Site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. We may terminate your Membership and/or prohibit you from using or accessing the Service or the Web Site for any reason, at any time. MEMBER CONDUCT You understand that the Service and the Web Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account 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. You further agree not to harvest or collect email addresses or other contact information of Members from the Service or the Web Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Web Site or for any other purpose. You further agree that you may not use the Service or the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web Site. In addition, you agree not to use the Service or the Web Site to: • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; • upload, post, email, transmit 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; • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Web Site. PROPRIETARY RIGHTS IN CONTENT ON THE WEB SITE All content on the Web Site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the “Content”), are the proprietary property of the Company or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Web Site are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. MEMBER CONTENT POSTED ON THE WEB SITE You are solely responsible for the photos, profiles and other content that you publish or display (hereinafter, "post") on or through the Service or the Web Site, or transmit to other Members (collectively the "Member Content"). You understand and agree that the Company may review and delete or remove any Member Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. By posting Member Content to any part of the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You may remove your Member Content from the Web Site at any time. If you choose to remove your Member Content, the license granted above will automatically expire. COPYRIGHT POLICY We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web Site, please contact us at info@RowersRoom.com and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. LINKS TO OTHER WEBSITES The Web Site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Web Site or the Service does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk. MEMBER DISPUTES You are solely responsible for your interactions with other Rower’s Room Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members. PRIVACY We care about the privacy of our Members. Click here to view the Web Site's Privacy Policy. By using the Web Site or the Service, you are consenting to have your personal data transferred to and processed in the United States. DISCLAIMERS If you have any questions about this Terms of Use, please contact us at info@RowersRoom.com. The Company is not responsible for any incorrect or inaccurate Content posted on the Web Site or in connection with the Service, whether posted or caused by users of the Web Site, Members or by any of the equipment or programming associated with or utilized in the Web Site or the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Web Site or Member of the Service. The Web Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company 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, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web Site or the Service, any Content posted on or through the Web Site or the Service or transmitted to Members, or any interactions between users of the Web Site or Members, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE. LIMITATION OR LIABILITY EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. GOVERNING LAW AND VENUE By visiting or using the Web Site and/or the Service, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of its affiliates. Any dispute relating in any way to the Web Site and/or the Service (including your visit to or use of the Web Site and/or the Service) shall be submitted to confidential arbitration in Norfolk County, Massachusetts, except that, to the extent you have in any manner violated or threaten to violate the Company’s or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Massachusetts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. 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 under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Web Site and/or the Service (including your visit to or use of the Web Site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. INDEMNITY You agree to indemnify and hold the Company, its parent, subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Web Site in violation of this Agreement or your violation of any law or the rights of a third party. OTHER These Terms of Use, together with the Privacy Policy and any other policies of the Company posted by us on the Web Site, constitute the entire agreement between you and the Company regarding the use of the Web Site and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Web Site or the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. QUESTIONS If you have any questions about this Terms of Use, please contact us at info@RowersRoom.com Copyright Infringement Notification To file a copyright infringement notification with RowersRoom.com, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act or the Digital Millennium Copyright Act of 1998 to confirm these requirements): i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Physical signature is preferred. ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be sent to: Rower’s Room, LLC PO BOX 503 Milton, MA 02186 Fax: 603-961-7279 Email: info@RowersRoom.com Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.