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For
use of all
Independence2, LLC - i.2
Online Services and Web site:
Legal
notice:
This page is copyrighted material.
Any company or entity that, in any
fashion - by browser plug-ins or third
party applications such as a program
named "Gator" or any other software,
similar or otherwise, including (but not
limited to) Surf+ and/or eZula TopText -
adds additional links, contextual
advertising, frames, pop-up advertising
or advertising of any other fashion or
anything else that changes the
appearance of any web page hosted by
this site as seen by the viewer/web
surfer, or otherwise changes the
appearance of this web site in any
fashion whatsoever - including enclosing
our web pages within frames of another
web site, said company or entity hereby
agrees to pay the web site owners of
this web site a fee of $250.00 per link,
ad, pop-up window or any other item not
part of the original web page, per
instance of each link, ad or other
change, visible or not (I.E: Three
viewers see the exact same link inserted
on the same page while viewing on three
different computers, you owe us the fee
three times, or once per viewer per
view; likewise if three links, ads, or
other modifications are placed on a
single page and viewed by a single
viewer, you shall owe us the fee three
times.) Creating any changes to any web
page in this site by any of the manners
or methods described above, or any other
manner or method not yet described
constitutes agreement to this fee, as
well as agreement to pay any reasonable
fees required for the web site owner to
collect said listed fees, not to exceed
$1,000,000.00 per incident.
Further, any advertiser who's
advertisement is placed upon any web
page belonging to our domain, without
our prior consent, by any manner or
method, also agrees to pay an
advertisement fee of $250.00 per ad per
view. It is your responsibility to
verify where your advertisements are
being placed by said software. Failure
upon your part to verify this legal
notice shall not release you from paying
said fee, or any associated fee due for
collection of said fees. The placement
of your advertisement upon this web page
constitutes agreement with this legal
notice, and consent to pay us the above
mentioned fees.
As the designer of any such software or
script, you are solely responsible for
verifying the existence of this legal
notice and the avoidance of placing said
links, ads, or other changes on our
pages as viewed by others. Failure upon
your part to verify the existence of
this legal notice upon any web page
shall not excuse you from any fees or
responsibility. We are not responsible
for notifying you as to which pages this
legal notice pertains to; it is your
responsibility to verify the existence
of, or lack of, this legal notice before
you and/or your software makes any
modifications to the appearance of the
web site in any manner whatsoever.
This legal notice is effective
immediately (09/01/05).
Reward notice: To the FIRST PERSON who
notifies us of a violation of this legal
notice - you are hereby entitled to 25%
of any fees and damages collected by us
from an offending entity, with such
percentage not to exceed $250,000.00.
Such reward will be payable only after
we have collected said fee. All
notifications shall be dated according
to the date and time received by our
mail server. We are not responsible for
e-mail delayed by circumstances beyond
our control. You must include a
screen-shot of the link or ad, with our
web page clearly visible, as well as the
date, time, browser version, name of the
offending program (if known) and any
other information you may have to aid us
in the collection of said fees. You can
not collect any portion of the fees
unless we collect from the offending
entity.
Disclaimer for SPAMMERS: If you send
SPAM e-mail to us at any e-mail address
in the domain you used to reach this
page, you owe us $250 per e-mail you
send. By sending us your unsolicited
e-mail, you are signifying agreement to
pay us this fee and any associated
collection costs we may incur collecting
this amount. You are responsible for
verifying the existence of this
agreement before you send us your
unsolicited e-mail, not us. If you don't
want to pay this fee, then don't send us
your SPAM e-mail. Note: Under local law,
we may file for collection in small
claims court. You will be notified of
the court date. Failure to show up for
small claims court means we win
automatically. Once we win the judgment,
we will file for collection thru your
local sheriff's office. Unless you are a
legal corporation, then even your
personal property can have a lien placed
against it. Is spamming us worth it?
Acceptance
of Terms
Independence2, LLC,
a Limited Liability Company ("Independence2,
LLC" or
"i.2"
or "Independence2")
makes this Web site (the "Site"),
including all information, documents,
communications, files, text, graphics,
software and products available through
the Site (collectively, the "Materials")
and all services operated by
Independence2, LLC
and any and all third parties through
the Site (collectively, the "Services"),
available for your use subject to the
terms and conditions set forth in this
document and any changes to this
document that
Independence2, LLC
may publish from time to time
(collectively, the "Terms of Use").
By accessing or
using this Site in any way, including,
without limitation, use of any of the
Services, downloading of any Materials,
or merely browsing the Site, you agree
to be and are bound by the Terms of Use
of the Site.
Independence2, LLC
reserves the right to change the Terms
of Use and other guidelines or rules
posted on the Site from time to time at
its sole discretion, and will provide
notice of material changes on the home
page of the Site. Your continued
use of the Site, or any Materials or
Services accessible through it, after
such notice has been posted, constitutes
your acceptance of the changes.
Your use of the Site will be subject to
the most current version of the Terms of
Use, rules, and guidelines posted on the
Site at the time of such use. You
should periodically check the "Terms of
Use" link on the Site's home page to
view the then-current terms. If
you breach any of the Terms of Use, your
authorization to use this Site
automatically terminates, and any
Materials downloaded or printed from the
Site in violation of the Terms of Use,
must be immediately destroyed or
returned to the Ohio Headquarters office
of
Independence2, LLC
at 623 W. Liberty Street, Hubbard, OH,
44425 to the attention of the Website
Administrator and Legal Advisory Member.
All costs for destruction of this
material or the shipment for the
Materials and their return to the Ohio
Headquarters office address of
Independence2,
LLC, is
your sole responsibility.
Defined Terms
All user-supplied
information, materials, files,
communications, and documents, are
referred to collectively as "User
Content." All Materials provided
by
Independence2, LLC
through use of the Site may have
different restrictions and conditions
associated with them and all Materials
provided by
Independence2, LLC
through use of the Site, are referred to
collectively as "Materials" or "Site
Content".
Types of Users
Please be aware
that certain activities on this Site,
are available only to persons who are
covered under a Product Purchasing
Agreement with
Independence2, LLC
("Customers") and/or persons invited by
Customers to participate in such
activities on the Site. The
Customer agrees to accept responsibility
and full liability for any and all
persons that the Customer designates
with the Customer's authorization
whether written, verbal or implied by
the Customer, by providing those persons
with the private security access
information of the Customer, whether
intentional or unintentionally that may
access the Customer's account and
participate in the Services or who may
utilize the Materials of the Site.
Intellectual
property, ALL RIGHTS RESERVED!
The Materials and
Services on this Site, as well as their
selection and arrangement, are protected
by copyright, trademark, patent, and/or
other intellectual property laws, and
any unauthorized use of the Materials or
Services at this Site may violate such
laws and the Terms of Use. Except
as expressly provided through written
agreement,
Independence2, LLC
and its suppliers and distributors do
NOT grant any express or implied rights
to use the Materials and Services.
You agree not to copy, republish, frame,
download, transmit, modify, rent, lease,
loan, sell, assign, distribute, license,
sublicense, reverse engineer, or create
derivative works based on the Site, its
Materials, or its Services or their
selection and arrangement, except as
expressly authorized herein. In
addition, you agree not to use any data
mining, robots, or similar data
gathering and extraction methods in
connection with the Site.
Use of Services
When using
Services on this Site that are offered
by
Independence2, LLC,
you shall be subject to any posted
guidelines, rules, or licenses
applicable to such Service and to the
Terms of Use. Such guidelines,
rules, or licenses may contain terms and
conditions in addition to those in the
Terms of Use.
In addition to the
Materials and Services offered by
Independence2, LLC,
this Site also makes available
materials, information, and services
provided by third parties (collectively,
the "Third-Party Services"). The
Third-Party Services are governed by
separate license agreements that
accompany such services.
Independence2,
LLC
offers no guarantees and assumes no
responsibility or liability of any type
with respect to the Third-Party
Services, including any liability
resulting from incompatibility between
the Third-Party Services and the
Materials and Services offered by
Independence2,
LLC.
You agree that you will not hold
Independence2,
LLC
responsible or liable with respect to
the Third-Party Services or seek to do
so.
Use of Software.
The software
accompanying documentation that is made
available to the download from this Site
is the copyrighted and/or patented work
of
Independence2, LLC
and/or its suppliers. Use of the
software is governed by the terms of the
license agreement that accompanies or is
included with such software. Such
terms are available for review and are
incorporated herein by this reference.
You will not be able to download or
install any software that is accompanied
by or includes a license agreement
unless you agree to the terms of such
license agreement. If you do not
agree to such terms, you will not be
able to use the software. Absent a
license agreement that accompanies the
software, use of the software will be
governed by the Terms of Use. You
agree that you will not decompile,
reverse engineer, or otherwise attempt
to discover the source code of the
software available on the site.
Use of Independence2,
LLC
Content and User Content.
Except as
indicated to the contrary elsewhere on
this Site, you may view, download, and
print the
Independence2, LLC
Content and User Content available on
this Site subject to the following
conditions:
Independence2, LLC
Content and User Content may be used
solely for informational and internal
purposes for Current Customers.
"Current Customers" are individuals,
companies or organizations, who have
made a product purchase from Independence2,
LLC
within the last six (6) months prior to
the date of
Independence2, LLC
Content or User Content usage.
Independence2, LLC
Content and User Content may NOT be
modified or altered in any way.
Independence2, LLC
Content and User Content on the Site may
not be distributed or sold, rented,
leased, subleased, or licensed to others
or utilized or provided in any way that
allows or implies any copyright, patent,
trademark or legal authorization for
which
Independence2, LLC
retains the rights under local, State,
United States Federal or International
Copyright, Patent or Trademark law. You may NOT remove
any copyright, watermark or other
proprietary notices contained in the
Independence2, LLC
Content and User Content.
Independence2, LLC
reserves the right to revoke the
authorization to view, download, print,
update, modify or access the
Independence2, LLC
Content and User Content available on
this Site at any time, and any such use
shall be discontinued immediately upon
notice of
Independence2, LLC
albeit written, electronic or verbal.
The rights granted
to you hereby constitute a license and
NOT a transfer of title.
Important
Exceptions
Various sections
of the Site, may be the creative works
of professionals who have authorized the
full or limited use of their works, such
works belong to their original creators
and may be protected by copyright or
other proprietary laws, and are for
display purposes only.
Accordingly, you may not download or
print these works unless there is notice
associated with that specific work
expressly permit such use.
The rights
specified above to view, download, and
print the Independence2, LLC Content and
User Content available on this Site are
not applicable to the design or layout
of this Site. Elements of this
Site are protected by trade dress and
other laws and may not be copied or
imitated in whole or in part.
Use of
Independence2, LLC Content
If you obtain
access to Materials created or used by
Independence2, LLC or its Customers in
conjunction with using, participating in
or even browsing the Site, you have no
right to use such Materials in any way.
You also assume the liability if you
modify, destroy, corrupt, copy, or
distribute any of Independence2, LLC's
or its User's or Customer's Content.
Although Independence2, LLC
attempts to take every precaution to
safeguard Independence2, LLC's Content and that of
its Customers, in Today's
technologically advanced society, it is
impossible to provide a 100% security
guarantee. This is partially due
to the fact that Independence2, LLC can
only be vigilant with its monitoring,
patching, updating and review of
Third-Party Services and in no way can
Independence2, LLC accept liability for
the misuse of Independence2, LLC's Site
or Services by its Customers or Users.
Therefore, as a User of the Site or
Customer of Independence2, LLC,
you accept full liability for any misuse
of the content listed on the Site by
yourself, your Company, your Company's
Agents, your Company's Affiliates or
other individuals or Entities you
authorize to misuse any content on the
Site.
Trademark
Information
All trademarks, logos, registrations,
and service marks ("Marks") displayed on
this Site are the property of
Independence2, LLC or other third
parties. All third parties retain
the rights to their own Marks and in no
way does Independence2, LLC imply
ownership, license or the right to any
third party's Marks. i.2 (in a
circle) and Independence2 are the
logo and trademarks of Independence2,
Limited Liability Company. For a
current list of Independence2, LLC's
Marks, please contact our
Marketing
and Legal Departments with a written
request stating the reason for your
inquiry.
You may contact Independence2, LLC's
Marketing and Legal Departments by
sending your written notice to:
Attention: Marketing & Legal Advisory
Member, 623 W. Liberty St., Hubbard, OH,
44425.
License to
Independence2, LLC for User Content
Certain Services offered through
the Site accommodate or require User
Content. Depending upon the nature of
the Service, by submitting User Content
to this Site, you grant Independence2,
LLC one of the
following types of licenses:
-
For
Customer/User Content that is
submitted to Independence2,
LLC
through the use of its Site's
contact forms, F.A.Q. posting
section, survey response
participation, questions to Customer
Service, User Forums, bug reports,
or User Forms, you
grant Independence2, LLC and the
Customers/Users of this Site an
unrestricted, worldwide, irrevocable
license to use, reproduce, display,
perform, modify, transmit, and
distribute such Customer/User
Content, and you also agree that
Independence2, LLC is free to use
any ideas, concepts, know-how, or
techniques that you send us for any
purpose without any compensation to
you. However, we will not
release your name or otherwise
publicize the fact that you
submitted such Customer/User Content
to us unless: (a) you grant us
permission to do so; (b) we first
notify you that the Customer/User
Content you submit to a particular
part of the Site will be published
or otherwise used with your name on
it; (c) we have a good faith belief
that we are required to do so by law
and/or in response to a subpoena or
court order; or (d) we believe it
necessary in order to protect the
rights of Independence2, LLC
and
others.
License to
Independence2, LLC for Customer/User
Content
For any and all
content and information provided to
Independence2, LLC while utilizing the
Site, you agree that Independence2, LLC
may access and/or disclose such
Customer/User Content, if Independence2,
LLC has a good faith belief that it must
do so to (a) perform system
administration, such as, diagnosing and
correcting problems, updating
Independence2, LLC's records in order to
serve its Customers better, or testing
any aspect of the Site's or
Independence2, LLC's service; (b)
respond to a valid court order or
subpoena; (c) comply with legislation or
regulations, including, without
limitation, the Digital Millennium
Copyright Act; (d) investigate
complaints; or (e) protect
Independence2, LLC or others from
liability or damages. Independence2,
LLC has no obligation to
retain Customer/User content once the
Product Purchase Order has expired or
terminated, and you agree that
Independence2, LLC shall not be liable
for any failure to store such records
after such expiration or termination.
Prohibited
Communications
You may submit
only Customer/User Content to the Site
that is (a) owned by you, (b) submitted
with the express permission of
copyright, trademark, patent or
intellectual property owner of that
information or within the scope of
authorized permission of the owner of
such content, or (c) in the public
domain. You are prohibited from posting
or transmitting to or from this Site any
unlawful, threatening, harassing,
libelous, offensive, defamatory,
obscene, or pornographic materials, or
other materials that would violate any
law or the rights of others, including,
without limitation, laws against
copyright,
patent
or
trademark infringement, and rights of
privacy and publicity. Violation of
these restrictions may result in denial
of or limitations on access by you to
this Site along with prosecution under
applicable local, State and Federal
or
International laws.
Customer/User Conduct
In using the Site, including all
Services and Materials available through
it, you agree:
not to
disrupt or interfere with any other
user's enjoyment of the Site or
affiliated or linked sites;
not to
upload, post, or otherwise transmit
through the Site any viruses or
other harmful, disruptive, or
destructive files;
not to
create a false identity;
not to use
or attempt to use another's
Customer/User account, password,
service, or system without
authorization from Independence2,
LLC
or that specific Customer in writing;
not to
access or attempt to access any
Customer/User or Site Content which
you are not authorized to access;
not to
disrupt or interfere with the
security of, or otherwise cause harm
to, the Site, or any Services,
Materials, system resources,
accounts, passwords, servers,
routers or networks connected to or
accessible through the Site or any
affiliated or linked sites
not utilize any of the Services or
Materials provided to you through the
Site or Independence2, LLC for
purposes of performing corporate
espionage or corporate counter
intelligence, with the intention of
acting in a competitive capacity to
business operations of Independence2,
LLC and/or products provided by
Independence2, LLC.
Managing
Content and Communications
Although it is not
our intention to do so, Independence2,
LLC reserves the right, in its sole
discretion, to delete or remove
Customer/User Content from the Site and
to restrict, suspend, or terminate your
access to all or part of this Site, at
any time if we have cause to do so
(including, without limitation, good
faith belief that you have violated the
Terms of
Use) without prior notice or
liability. In addition,
Independence2, LLC reserves the right to
delete or remove Customer/User Content
if the relevant Product Purchase
Agreement has expired or lapsed or if
Independence2, LLC has a good faith
belief that the Customer/User posting
such Content has violated these Terms of
Use, or any law or regulation, or that
such deletion or removal is necessary to
comply with the law or to protect the
rights of Independence2, LLC or others.
Independence2, LLC
may, but is not obligated to, monitor or
review (i) any areas on the Site where
Customers/Users transmit or post
Customer/User Content, including but not
limited to areas where Services are
available, or chat rooms, bulletin
boards, or other user forums; and (ii)
the substance of any Customer/User
Content.
To the maximum
extent permitted by law, Independence2,
LLC will have no liability related to
Customer/User Content arising under the
laws of copyright, libel, privacy,
obscenity, or otherwise.
Independence2, LLC also disclaims all
liability with respect to the misuse,
loss, modification or unavailability of
any Customer/User Content or
the Site.
Use and
Protection of Account Number and
Password
You are
responsible for maintaining the
confidentiality of your account number,
account name, and/or password, if
applicable. You are responsible
for damages resulting from all uses of
your account number, account name,
and/or password, whether actually or
expressly authorized by you, unless
access to your account number, account
name, and/or password was obtained
through no fault or negligence of your
own.
WARRANTIES AND
DISCLAIMERS
Except as
expressly provided otherwise in a
Written Agreement between you and
Independence2, LLC or you and a
Third-Party with respect to such Party's
Materials or Services, the Site, and
all Materials and Services accessible
through the Site, are provided "AS IS"
without warranty of any kind, either
express or implied, including, but not
limited to, the implied warranties of
merchantability or fitness for a
particular purpose, or the warranty of
non-infringement, without limiting the
foregoing, Independence2, LLC makes no
warranty that (i) the Services and
Materials will meet your requirements;
(ii) the Services and Materials will be
uninterrupted, timely, secure, or
error-free; (iii) the results may be
obtained form the use of the Services or
Materials will be effective, accurate,
or reliable; (iv) the quality of any
products, Services or Materials
purchased or accessible by you through
the Site will meet your expectations;
and (v) any errors in the software or
any other Materials obtained from or
used through the Site, or any defects in
the Site, its Services, or Materials,
will be corrected.
This Site could
include technical or other mistakes,
inaccuracies, or typographical errors,
Independence2, LLC may make changes to
the Materials and Services at this Site,
including the prices and descriptions of
any products listed herein, at any time
without notice. The Materials or
Services at this site may be out of
date, and Independence2, LLC makes no
commitment to update such Materials or
Services.
You understand and
acknowledge that (i) Independence2, LLC
does not control, endorse, or accept
responsibility for any content,
products, or Services offered by
Third-Parties through the Site,
including, without limitation,
Third-Party Vendors and Third-Parties
accessible through links on the Site;
(ii) Independence2, LLC makes no
representation or warranties whatsoever
about any such Third-Parties, their
content, products, or services; (iii)
any dealings you may have with such
Third-Parties are at your own risk; and
(iv) Independence2, LLC shall not be
liable or responsible for any content,
products, or services offered by
Third-Parties.
The use of the
Services, Materials, or the downloading
or other use of Materials through the
Site is done at your own discretion and
risk and with your agreement that you
will be solely responsible for any
damage to your computer system, loss of
data, or other harm that results from
such activities. Independence2,
LLC assumes no liability for any
computer virus or other similar software
code that is downloaded to your computer
from the Site or in connection with any
Services or Materials offered through
the Site. No advice or
information, whether oral or written,
obtained by you from Independence2, LLC
or through or from the site shall create
any warranty not expressly stated in the
Terms of Use.
Some States or
Jurisdictions do not allow the exclusion
of implied warranties or limitations on
how long an implied warranty may last,
so, the above limitations may not apply
to you. To the extent permissible,
any implied warranties are limited to
ninety (90) days.
International
Users
This Site can be
accessed from countries around the world
and may contain references to
Independence2, LLC products, Services,
and programs that are not available in
your Country. These references do
not imply that Independence2, LLC
intends to announce such products,
Services, or programs in your Country.
The Site is
controlled, operated, and administered
by Independence2, LLC from its offices
within the United States of America.
Independence2, LLC makes no
representation that the Site, or the
Services or Materials available through
it, are appropriate or available for use
at other locations outside the United
States, and access to the Site from
territories where the Site or any of its
Services or Materials are illegal is
prohibited. If you access the Site
from a location outside the United
States, you are responsible for
compliance with all local laws.
See the section on export control laws,
below, for further information.
Personal
Information and Privacy
To learn about how
Independence2, LLC protects your
personal information, such as your name
and address or other vital information,
please refer to the Independence2, LLC
Privacy Policy. Except as set
forth in the Privacy Policy or the Terms
of Use, your personal information will
be deemed to be confidential. With
the exception of certain types of
Customer/User Content, any non-personal
information or material sent to
Independence2, LLC will generally be
deemed to NOT be confidential. You
understand and agree that Independence2,
LLC may disclose information about you
if Independence2, LLC has good faith
belief that Independence2, LLC is
required to do so by law or legal
process, to respond to claims, or to
protect the rights, property, or safety
of Independence2, LLC or others, or as
stated in Independence2, LLC's Privacy
Policy. Please be aware that your
browser must be enabled to accept
cookies in order for you to use some
portions of Independence2, LLC's
website, its Services, Materials or to
make purchases from the Independence2,
LLC product store or product ordering or
shipping process system.
LIMITATION OF
LIABILITY
IN NO EVENT,
INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL INDEPENDENCE2, LLC,
ITS SUBSIDIARIES, AFFILIATES, AGENTS,
OFFICERS, DIRECTORS, EMPLOYEES,
PARTNERS, OR SUPPLIERS BE LIABLE TO YOU
OR ANY THIRD-PARTY FOR ANY SPECIAL,
PUNITIVE, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM
LOSS OF USE, DATA, OR PROFITS, WHETHER
OR NOT INDEPENDENCE2, LLC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE
USE OF OR THE INABILITY TO USE THIS
SITE, ITS SERVICES, OR MATERIALS, THE
STATEMENTS OR ACTIONS OF ANY THIRD-PARTY
ON OR THROUGH THE SITE, ANY DEALINGS
WITH VENDORS OR OTHER THIRD-PARTIES, ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, ANY
INFORMATION THAT IS SENT OR RECEIVED OR
NOT SENT OR RECEIVED, ANY FAILURE TO
STORE OR LOSS OF DATA, FILES, OR OTHER
CONTENT, ANY SERVICES AVAILABLE THROUGH
THE SITE THAT ARE DELAYED OR
INTERRUPTED, OR ANY WEB SITE REFERENCED
OR LINKED TO FROM THIS SITE. SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES.
ACCORDINGLY, THE LIMITATIONS AND
EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY
TO YOU.
INDEPENDENCE2, LLC
USER TO USER FORUMS
In addition to
these Terms of Use, Customers/Users of
the Independence2, LLC Customer/User to
Customer/User Forums, if applicable,
must agree to a separate legal agreement
located within the Forums Registration
Area of the Site. Your access to
the Customer/User Forums will be denied
for violation of either the Terms of Use
or the Forums Registration Agreement
area of the Site. In particular,
you should be familiar with the Section
titled "PROHIBITED COMMUNICATIONS" in
that Agreement and conduct your
activities accordingly and in compliance
to the Forums Registration Agreement
along with those of the Site's Terms of
Use.
NOTIFICATION OF
COPYRIGHT INFRINGEMENT
Independence2, LLC
will, in appropriate circumstances,
terminate the Customer/User accounts for
Customer/User(s) who infringe the
intellectual property rights of others.
If your information or intellectual
property rights have in any way been
infringed upon by either the Site or on
sites linked to from this Site, please
provide Independence2, LLC's
Legal Advisory Member a Notice
containing the following detailed
information:
-
1. A
physical or electronic signature of
the person authorized to act on
behalf of the owner of the copyright
interest that is alleged to have
been infringed;
-
2. A
description of the copyrighted work
or works that you claim have been
infringed and identification of what
material in such work(s) is claimed
to be infringing and which you
request to be removed or access to
which is to be disabled;
-
3. A
description of where the Material or
Material that you claim is
infringing is located on the
Independence2, LLC web site; with
information sufficient to permit Independence2, LLC to be able to
contact you, such as, your name,
your title, your company's name (if
applicable), your physical address,
your telephone number, your fax
number (if available), and your
e-mail address;
-
4. A
statement by you that you have a
good faith belief that the use of
the Material/material identified in
your Notice in the manner complained
of is not authorized by the
copyright owner, its agent, or the
law;
-
5. A
statement by you that the
information in your Notice is
accurate and, under penalty of
perjury, that you are the copyright
owner or that you are authorized to
act on the copyright owner's behalf.
-
6. A
copy of the Power of Attorney (if
available) which provides you the
authority to act on behalf of the
original or registered owner of the
copyrighted Material/material, which
includes and outlines the date of
the copyrighted Material/material's
first use in commerce and any and
all specific goods classifications)
under which the copyrighted
information was registered with the
appropriate copyright, patent or
trademark authority.
-
Independence2,
LLC's Copyright Agent for Notice of
claims of copyright infringement can be
reached as follows:
By Mail:
Daniel P. Thomas,
Esq.
Legal Advisory
Member
Independence2, LLC
c/o
Delbene, LaPolla &
Thomas
155 Pine Ave. NE
Warren, OH 44482
By
Telephone: (330) 392-4176
By
Fax: (330) 392-5694
By
E-mail:
Legal Advisory Member
And Send a Carbon Copy
to:
Bonnie L. Buchanan
Operations & Marketing
Member
Independence2, LLC
625 W. Liberty St.
Hubbard, OH 44425
Fax: (866) 468-0767
THE COPYRIGHT AGENT
SHOULD BE CONTACTED
ONLY IF YOU BELIEVE THAT
YOUR WORK HAS BEEN USED
OR COPIED IN A WAY THAT
CONSTITUTES COPYRIGHT
INFRINGEMENT AND SUCH
INFRINGEMENT IS
OCCURRING ON THIS SITE
OR ON SITES LINKED TO
FROM THIS SITE,
IN WHICH,
INDEPENDENCE2, LLC
IS THE ENTITY WHO
MAINTAINS SAID SITE.
ALL OTHER INQUIRIES
DIRECTED TO THE
COPYRIGHT AGENT WILL NOT
BE RESPONDED TO.
SUCH INQUIRIES SHOULD BE
MADE THROUGH NORMAL
INDEPENDENCE2, LLC
FEEDBACK CHANNELS, SUCH
AS,
CLICKING HERE TO SEND US
AN E-MAIL.
Forward-Looking
Statements Disclaimer
This Site may now,
or hereafter from time to time, contain
certain statements or information with
respect to (i) the projection of
Independence2, LLC's revenues, income,
earnings per invested employee share,
capital expenditures, dividends, capital
structure, or other financial
statements; (ii) the plans, objectives,
and/or projections of Independence2, LLC
for future operations, including those
relating to the products or services of
Independence2, LLC; (iii) Independence2, LLC's future economic performance; (iv)
assumptions underlying or relating to
any of the foregoing statements or
information; and (v) any other
projections, estimates or
forward-looking statements. All
such statements and information are
forward-looking statements within the
meanings of Section 27A of the
Securities Act of 1933 and Section 21E
of the Securities Exchange Act of 1934.
Such forward-looking statements are
based upon, or will be based upon,
Independence2, LLC's judgment with
respect to future events and are subject
to a number of uncertainties and risks
that could cause actual results or
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those expressed in the forward-looking
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predictions and that actual events or
results may differ materially. For
further details and information
concerning the foregoing or
Independence2, LLC in general, please
click here to send
Independence2,
LLC
an e-mail.
Export Control
Laws; Notice to U.S. Government
Customer/Users
The export and
re-export of Independence2, LLC products
(and software Materials, if applicable)
are controlled by the United States
Export Administration Regulations and
such products (and software Materials,
if applicable) may not be exported or
re-exported to Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria, or any
Country to which the United States
embargoes goods. In addition,
Independence2, LLC's products (and
software Materials, if applicable) may
not be distributed to persons on the
Table of Denial Orders, the Entity List
or the List of Specially Designated
Nationals.
By downloading
Marketing Materialsl or
requesting the shipment of a hardcopy CD
of software or any products or services
offered by Independence2, LLC
Materials, you are certifying that you
are not a national of Cuba, Iran, Iraq,
Libya, North Korea, Sudan, Syria, or any
country to which the United States
embargoes goods, and that you are not a
person on the Table of Denial Orders,
the Entity List, or the List of
Specially Designated Nationals.
All Independence2,
LLC products, Materials and publications
are commercial in nature. The
Materials, including but not limited to,
software and documentation available to
the Site are "Commercial Items", as
that term is defined in 48 C.F.R.
§2.202.1 and 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial
Computer Software Documentation", as
such terms are used in 48 C.F.R.
§212.212 or 48 C.F.R. §227.7202, as
applicable. Consistent with 48
C.F.R. §12.212 or 48 C.F.R. §§227.7202-1
through 227.7202-4, as applicable, the
Commercial Computer Software and
Commercial Computer Software
Documentation are licensed to U.S.
Government end users (A) only as
Commercial Items and (B) with only those
rights as are granted to all other end
users pursuant to the terms and
conditions herein.
Indemnity and
Liability
You agree to
indemnify and hold Independence2, LLC,
and its subsidiaries, affiliates,
officers, agents, co-branders or other
partners, and employees harmless from
any claim or demand, including
reasonable attorney's fees, made by any
Third Party due to or arising out of
Independence2, LLC Content or
Customer/User Content you submit, post
to, transmit through the Site
(including, without limitation, any User
Content, or computer viruses), your use
of the Site, your connection to the
Site, your violation of the Terms of
Use, the actions of any member or
authorized user of your Customer/User
account (solely if you are a
Customer/User), or your violation of any
rights of another person or entity.
Governing Law and
Jurisdiction
The Site
(excluding linked sites) are controlled
by Independence2, LLC from its offices
within the State of Ohio, United States
of America. By accessing this
Site, you and Independence2, LLC agree
that all matters relating to your access
to, or use of, this Site shall be
governed by the statues and laws of
exclusive personal jurisdiction and
venue of the Superior Court of Ohio,
Warren or Youngstown County and the
United States District Court with
respect to such matters.
Language
It is the express
wish of the parties that the Terms of
Use and all related documents have been
drawn up in English, although there may
be tools provided on the Site for use by
Users/Customers or Site Visitors for
general translation purposes to other
languages, the English version of the
Site is the only version which should be
used for legal reference.
General
The Terms of Use
and other rules, guidelines, licenses,
and disclaimers posted on the Site
constitute the entire agreement between
Independence2, LLC and you with respect
to your use of the Site, unless
specifically provided elsewhere by you
and Independence2, LLC in written
Agreement. If for
any reason a court of competent
jurisdiction finds any provision of the
Terms of Use, or portion thereof, to be
unenforceable, that provision shall be
enforced to the maximum extent
permissible so as to effect the intent
of the parties as reflected by that
provision, and the remainder of the
Terms of Use shall continue in full
force and effect. Any failure by
Independence2, LLC to enforce or
exercise any provision of the Terms of
Use or related right shall
not constitute a
waiver of that right or provision.
The section titles used in the Terms of
Use are purely for convenience and carry
with them no legal or contractual
effect.
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