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.
11000 Cedar Avenue
Suite 401
Cleveland, Ohio 44106
phone: (216) 707-1988
fax: (888) 813-6139
email: legal@easy2.com
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.