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This web site (the "Site") is operated by Easy2.Com, Inc. When applicable under the circumstances, references to Easy2.com will be deemed references to Easy2.com, Inc. Easy2.com, Inc. is in the business of providing, currently provides, and currently powers many different media applications that can be found on many of its partners' web sites. In addition, Easy2.com, Inc. often collects feedback surveys or other information on behalf of its partners through their particular web sites. However, Easy2.com's Privacy Policy only applies to this Site.
Earning and keeping the trust of the users of this Site is important to Easy2.com. Easy2.com wants you to understand what kinds of information is gathered from you, how this information is used and protected, and how you can control its use. This statement discloses the privacy practices of Easy2.com respecting this Site. By using this Site, you agree, without limitation or qualification, to be bound by this Privacy Policy.
This Privacy Policy applies to the collection and use of information by Easy2.com on the Site but does not apply to information that you may send to us by other means.
Any material changes in Easy2.com's Privacy Policy will be communicated in this page so please check back from time to time.
1. Who is permitted to use this site
This Site is not intended or designed to attract visitors under the age of 18. Easy2.com does not collect identifiable data from any person Easy2.com knows to be under the age of 18. Easy2.com expressly instructs visitors under the age of 18 not to send us any information.
You transmit data to a server located in Chicago, Illinois in the United States. Easy2.com, Inc. is a company with a principal place of business in the State of Ohio, United States, and is subject to United States and Ohio law. You should not send any personal information to the Site unless you agree to be bound by United States and Ohio law.
2. What kind of information we collect from you
The kinds of information we collect from you will vary, depending on how you use the Site. Easy2.com's systems are set up to gather certain anonymous data to help Easy2.com better understand how this Site is being used and how Easy2.com can improve it. This automatically-gathered data includes your domain name and any content you view on the Site. We may also collect your computer's IP address and the kind of browser you are currently using. In order to take part in certain services on the Site, you will be required to provide certain personal information, e.g., your name, address, e-mail address, etc. Easy2.com automatically collects the e-mail addresses of those who communicate with Easy2.com via e-mail. In addition, Easy2.com automatically collects any information volunteered by you through the Site.
3. How we use your information
Easy2.com utilizes "cookies" on this Site. These are small files that Easy2.com sends to and stores on your computer so that Easy2.com may recognize it as a unique machine the next time you visit the Site. Easy2.com's cookies are used to let Easy2.com know you are a prior visitor and to enable Easy2.com to track your session on the Site.
Easy2.com will use your personal information to respond to requests you may make of Easy2.com, and from time to time, Easy2.com may refer to such information to better understand your needs and how Easy2.com can improve this Site. Easy2.com may also use this personal information to contact you and/or provide you with general information on new products and services or upcoming events. Unless you specify that you'd prefer not to hear from Easy2.com, Easy2.com may also use the e-mail address you provide to Easy2.com to contact you for promotional, administrative, or other reasons, including possibly to notify you about updates to the Site. You may have these communications terminated by notifying us by e-mail at Contact Form. This likely will take 72 hours from the time you give us notice.
In the event that Easy2.com, Inc. and/or any unit or subsidiary thereof is ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred or used as security, we reserve the right to transfer our user databases together with any personal information collected on this Site, to a third party as part of that transaction, including without limitation a third party acquiring Easy2.com's assets. In addition, the personal information collected on this Site may be shared with one or more third parties (subject to appropriate confidentiality obligations) as part of the due diligence process in anticipation of such a transaction, whether or not it is consummated. In the event a sale of Easy2.com's assets is consummated by acquisition or merger, we will place a prominent notice of the sale on the homepage of our web site, with links to information as to how you can change your privacy preferences.
If Easy2.com is requested by law enforcement officials or judicial authorities to provide personal information on individual users, Easy2.com may, without your consent, provide such information. Further, notwithstanding any other provision in this Privacy Policy to the contrary, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary: to comply with legal process such as a search warrant, subpoena or court order; to protect against misuse or unauthorized use of our website; to protection Easy2.com's rights and property; or during emergencies, such as when someone's physical safety is at risk.
4. Your choices regarding EASY2.COM's use of your personal information
You can always choose not to provide personal information. You can also at any time add or update certain information that you send to us. When you update information, we usually keep a copy of the prior version for our records. If you do not want to receive e-mail or other contact from us or if you wish to check your personal information, please contact us by e-mail at Contact Form. In the event it is more convenient, you may also contact Easy2.com by telephone at 216.812.3200, or by first class mail at Legal Department, Easy2.Com, Inc., 1220 Huron Road, 7th Floor, Cleveland, Ohio 44115. For information as to how you can review and request changes to any of your personal information that we have collected through the Site, please contact us by e-mail at Contact Form.
5. Aggregated Information
Easy2.com may use your personal information
to reply to you and send information to you. Easy2.com does not intend to
reveal personal information to third parties except in the manner stated
in this Privacy Policy. Easy2.com may provide aggregated information received
from you to third parties; provided, however, that Easy2.com takes
commercially reasonable precautions to prevent the aggregated information
provided to third parties from including personal information.
6. SECURITY OF YOUR PERSONAL INFORMATION
Easy2.com recognizes you may be concerned about
the security of your personal information, and is committed to employing
reasonable technology in order to protect the security of the Site. Even
with such technology, no web site is 100% secure. Easy2.com will take reasonable
measures that it believes are appropriate to protect your information from
loss, misuse, alteration or destruction, and, where possible and applicable,
will ask that any third parties to whom we may transfer your information
take comparable steps to protect that security.
7. THIS PRIVACY POLICY ONLY APPLIES
TO THIS SITE
To the extent that Easy2.com collects feedback
surveys or any other information on behalf of a partner, e.g., Lowes.com,
through a particular partner's web site, Easy2.com will make any personal
information collected available to that particular partner. In addition,
Easy2.com may choose to retain that information. However, Easy2.com's Privacy
Policy only applies to this Site. Should this Site refer to or link to web
sites outside the control of Easy2.com, please be aware that these sites
may collect personal information about you, and operate according to their
own privacy practices that may differ from Easy2.com's Privacy Policy. Remember
to consult any other web sites' privacy policies that may be applicable because
once you are outside this Site, any information you submit is no longer in
Easy2.com's control.
8. QUESTIONS
If you have any questions regarding Easy2.com's
privacy practices, feel free to e-mail Easy2.com at
Contact Form.
The effective date of this Privacy Policy is September 1, 2004.
Terms of Use
Easy2.com provides its Sites and services to you, the user,
subject to the following notices, terms, and conditions ("Terms of Use").
Easy2.com is owned and operated by Easy2.Com, Inc. When applicable under
the circumstances, references to Easy2.com shall be deemed references
to Easy2.Com, Inc.
1. Acceptance. Use of Easy2.com's service is subject to the
following Terms of Use. Please read the Terms of Use carefully before
using any of Easy2.com's Sites or services, as your use of Easy2.com's
Sites or services signifies your assent to be bound by these terms.
2. Submission of Content. You understand that all reviews, opinions,
news articles, directories, guides, text, photographs, illustrations,
graphics, logos, audio clips, and images, information, data, graphics,
software, messages or other materials (collectively, "Content") appearing
on or submitted to Easy2.com's Sites and services is the responsibility
of the person or entity originating such Content. By submitting Content
to Easy2.com's Sites or services ("User's Content"), you warrant that:
(a) you are the owner of such User's Content, or have been granted all
the rights necessary from the User's Content owner to submit such User's
Content to Easy2.com's Sites or services, and (b) the use of such User's
Content by Easy2.com's Sites and services will not infringe the intellectual
property rights of or otherwise violate the rights of any third party.
By submitting User's Content to Easy2.com's Sites or services, you automatically
grant to Easy2.com (or warrant that the User's Content owner has granted
to Easy2.com), a nonexclusive, royalty-free license to use, modify,
copy, distribute, transmit, publicly display, publicly perform, publish,
adapt, create derivative works of, distribute, transfer, or sell any
such User's Content, for any purpose whatsoever, including, without
limitation, a commercial purpose, without any compensation to you or
the third party.
3. Copyright, Restrictions on Use. All Content contained in
Easy2.com's Sites and service is protected by copyrights, trademarks,
service marks, patents, or other intellectual property and proprietary
rights and laws, and is owned by Easy2.com, its licensors, or third
parties whether or not indicated ("Site Content"). You acknowledge that
Easy2.com's Sites services and any underlying technology used in connection
with its Sites and services contain proprietary and confidential information
of Easy2.com, its licensors, or third parties. You may not copy, reproduce,
publish, distribute, create derivative works of, sell, transfer, display,
transmit, compile or collect in a database, except as licensed herein,
or in any manner commercially exploit any part of Easy2.com's Sites
or services. You must abide by all copyright notices, information, or
restrictions contained in or attached to any Site Content or portion
of Easy2.com's Sites and services.
4. License. Easy2.com hereby grants to you a non-exclusive non-transferable
license to use Easy2.com's Sites and services and the information contained
therein for non-commercial use only. The license will not terminate
so long as you, the Licensee, comply with the Terms of Use of this Agreement.
5. Trademarks. Easy2.com is a service mark of Easy2.com, Inc.
All rights reserved. This and other Easy2.com service marks, trademarks,
logos, and trade names may not be used without the prior written consent
of Easy2.com. Third party trademarks, service marks, logos, and trade
names appearing on Easy2.com's Sites or services are the property of
their respective owners.
6. Changes to Easy2.com's Sites, Services or Terms of Use. Easy2.com
may modify, suspend or discontinue any portion or service of Easy2.com's
Sites or services at any time, with or without notice. These Sites and
services are currently accessible to users without charge, however Easy2.com
reserves the right to charge for one or more portions of its Sites and
services in the future. (Easy2.com will notify you of any fees associated
with any portion of its Sites or services, and require you to subscribe
to such portion of those Sites or services, prior to charging you any
fees.) Easy2.com reserves the right to modify the Terms of Use at any
time. Any modifications shall be effective upon the posting by Easy2.com
of the modified Terms of Use. You agree to review these Terms of Use
periodically so that you are aware of any modifications. Your continued
use of Easy2.com's Sites or services shall be deemed your acceptance
of the modified Terms of Use. You agree that the above-listed standard
for notice of changes is reasonable.
7. Inappropriate Posting or Transmission. You are prohibited
from posting on or transmitting through Easy2.com's Sites or services,
without limitation, any unlawful, threatening, harassing, damaging,
abusive, defamatory, obscene, racially, ethnically discriminatory, or
otherwise inappropriate material. You are prohibited from posting on
or transmitting through Easy2.com's Sites or services any material that
would constitute or promote a criminal or civil offense, or otherwise
violate any local, state, national or international law. Easy2.com,
however, does not ensure removal of inappropriate Content after posting.
Neither Easy2.com nor its officers, directors, shareholders, employees,
agents, or affiliates assume liability for any action or inaction with
respect to conduct or Content posted on or transmitted through any of
Easy2.com's Sites or services.
8. Failure to Comply with Terms of Use. You acknowledge and
agree that Easy2.com may suspend or terminate your use of all or part
of its Sites or services and/or deny you access to all or part of its
Sites or services, without prior notice, if you engage in any conduct
that Easy2.com believes, in its sole discretion: (a) violates any term
or provision of the Terms of Use, (b) violates any rights of Easy2.com
or third parties, (c) or is otherwise inappropriate for continued access
and use of Easy2.com's Sites or services. In addition, Easy2.com reserves
the right to terminate inactive membership accounts. You agree that
upon termination for any reason, Easy2.com may delete all information
related to your account and may bar your access to your account and
Easy2.com's Sites or services.
9. Termination. You may discontinue your participation in and
access to Easy2.com's Sites or services at any time. The Terms of Use
will continue to apply to all past use of Easy2.com's Sites or services
by you even if you are no longer using those Sites or services.
10. Links. Easy2.com's Sites or services contain advertisements
and links to web sites operated by third parties. Easy2.com is not responsible
for the Content of those web sites or for your transactions with them.
Inclusion of advertisements or links to such web sites does not imply
any endorsement of the material on such web sites by Easy2.com.
11. Disclaimer. EASY2.COM'S SITES AND SERVICES ARE PROVIDED
TO YOU "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, EASY2.COM AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, WITH EASY2.COM'S SITES, SERVICES AND THE CONTENT,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
EASY2.COM DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE
QUALITY OR MERCHANTABILITY OF ANY PRODUCTS OR SERVICES OFFERED, REVIEWED,
AVAILABLE, OR ADVERTISED THROUGH ITS SITES OR SERVICES. IN ADDITION,
ALTHOUGH EASY2.COM INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION
OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO ITS SITES OR SERVICES,
EASY2.COM DOES NOT WARRANT THAT ITS SITES OR SERVICES, OR CONTENT CONTAINED
IN ITS SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT
ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH ITS SITES OR SERVICES
ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
EASY2.COM DISCLAIMS ALL LIABILITY FOR AND NO WARRANTY IS MADE WITH RESPECT
TO TELEPHONE SERVICE, INCLUDING COVERAGE, RANGE OR ANY INTERRUPTION
IN TELEPHONE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN SUCH JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT
WILL EASY2.COM OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES,
AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER
CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE
OR INABILITY TO USE EASY2.COM'S SITES OR SERVICES, (II) YOUR RELIANCE
ON ANY CONTENT, OR (III) ANY GOODS OR SERVICES ADVERTISED ON EASY2.COM'S
SITES OR SERVICES; EVEN IF EASY2.COM OR ANY RELATED PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, EASY2.COM DISCLAIMS
ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS
OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS OR "HACKERS")
OF ITS SITES OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, LIABILITY IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Sites and Services Information Disclaimer. Information provided
on Easy2.com's Sites and services are for informational purposes only.
Because Easy2.com cannot anticipate all issues related to your specific
situation or project, the information on its Sites or services is not
a substitute for professional advice and does not constitute professional
advice for your projects' purposes. Easy2.com's Sites or services must
not be your sole source of information. You must perform independent
research, understand your projects' specific requirements and safety
issues, and seek expert advice from trained and/or licensed professionals
before acting on the topics addressed in Easy2.com's Sites or services.
Reliance on any information in Easy2.com's Sites or services is done
at your own risk.
14. Indemnification. You agree to indemnify, defend and hold
harmless Easy2.com and its affiliates, officers, directors, employees,
consultants, agents and licensors from any and all third party claims,
liability, damages and/or costs (including but not limited to reasonable
attorneys' fees) arising from your failure to comply with the Terms
of Use, your infringement or violation of any intellectual property
or other right of a third party, or from your violation of any applicable
law.
15. Applicable Law. These Terms of Use shall be governed by
and construed in accordance with the procedural and substantive laws
of the State of Ohio, without giving effect to its conflict of laws
provisions.
16. Procedure for Making Claims of Copyright Infringement. If
you believe that your work has been copied in a way that constitutes
copyright infringement, please follow Easy2.com's Procedure for Making
Claims of Copyright Infringement.
17. Miscellaneous. These Terms of Use constitute the entire
agreement between you and Easy2.com with respect to its Sites or services,
and the Terms of Use replace all prior or contemporaneous understandings
or agreements, written or oral, regarding Easy2.com's Sites or services.
If any provision of the Terms of Use is found invalid or unenforceable,
that provision shall be enforced to the maximum extent possible, and
the remaining provisions of the Terms of Use shall remain in full force
and effect. The failure by Easy2.com to insist upon or enforce strict
performance of any provision of the Terms of Use will not be construed
as a waiver of any provision or right of Easy2.com. The Terms of Use
will inure to the benefit of Easy2.com and its successors and assigns.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act, Title 17,
United States Code, Section 512, Easy2.com has adopted the following
policy toward copyright infringements:
Easy2.com will disable access to and/or remove any material that it
believes in good faith to be infringed copyright material or that is
claimed to be infringed copyright material pursuant to the following
procedure for making claims of copyright infringement.
Easy2.com has adopted the following procedure for making claims
of copyright infringement:
Submit a written Notification of Claimed Copyright Infringement to
the following Designated Agent for Easy2.com:
Legal Department
Easy2.Com, Inc.
1220 Huron Road
7th Floor
Cleveland, Ohio 44115
phone: (216) 812-3200
email: Contact Form
The Notification of Claimed Copyright Infringement must include
the following information:
1. A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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;
4. 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;
5. 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; and
6. 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.
Once a written notification with the above information is received,
the following action will be taken:
1. The infringing material will be removed or access to it will be disabled.
2. The infringing user will then be promptly notified of the situation.
The user may supply a counter notification to reinstate the material.
The counter notification must be in writing, must be provided to Easy2.com's
Designated Agent, and must include the following information:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled;
and
4. The subscriber's name, address, and telephone number, and a statement
that the subscriber consents to the jurisdiction of Federal District
Court for the judicial district in which the address is located, or
if the subscriber's address is outside of the United States, for any
judicial district in which the service provider may be found, and that
the subscriber will accept service of process from the person who provided
notification of claimed copyright infringement or an agent of such person.
If this counter notification is received by the Easy2.com Designated
Agent, a copy of the counter notification will be promptly sent to the
original complaining party. The original complaining party will be informed
that the claimed infringing material will be replaced or access to it
will be restored in 10 business days.
Easy2.com will replace the removed material or will restore access
to the material within 10 to 14 business days following receipt of the
counter notification unless Easy2.com's Designated Agent is notified
by the original complaining party that an action has been filed seeking
a court order to restrain the subscriber from engaging in infringing
activity relating to the material on the service provider's system or
network.
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