Website Terms of Use
Upon entering this
site you agree to our Terms of Use. It is your responsibility
to read them.
AH HA Dynamic (“Easy
Street Discount ESD”) operates this Site to provide
online access to information about ESD and the products, services, and opportunities we provide (the
“Service”). By accessing and using this Site, you
agree to each of the terms and conditions set forth herein (“Terms
of Use”). Additional terms and conditions applicable to
specific areas of this Site or to particular content or transactions
are also posted in particular areas of the Site and, together
with these Terms of Use, govern your use of those areas, content
or transactions. These Terms of Use, together with applicable
additional terms and conditions, are referred to as this “Agreement.”
ESD reserves the right to
modify this Agreement at any time without giving you prior notice.
Your use of the Site following any such modification constitutes
your agreement to follow and be bound by the Agreement as modified.
The last date these Terms of Use were revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings,
images and/or other works that you see, hear or otherwise experience
on the Site (singly or collectively, the “Content”)
solely for your non-commercial, personal purposes and/or to
learn about ESD products
and services. No right, title or interest in any Content is
transferred to you, whether as a result of downloading such
Content or otherwise. ESD reserves complete title and full intellectual property rights
in all Content. Except as expressly authorized by this Agreement,
you may not use, alter, copy, distribute, transmit, or derive
another work from any Content obtained from the Site or the
Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign
copyright laws, and belong to ESD or its partners, affiliates, contributors or third parties.
The copyrights in the Content are owned by ESD or other copyright owners who have authorized their use on the
Site. You may download and reprint Content for non-commercial,
non-public, personal use only (If you are browsing this Site
as an employee or member of any business or organization, you
may download and reprint Content only for educational or other
non-commercial purposes within your business or organization,
except as otherwise permitted by ESD,
for example in certain password-restricted areas of the Site
and in our Frequently Asked Questions). With the exception of
the Sample Images, you may not manipulate or alter in any way
images or other Content on the Site.
2.1 Sample Pictures
ESD has included Sample
Pictures on certain pages within the Site, to demonstrate the
capability of certain decal and other products. You may download, reprint and manipulate
the Sample Images for this purpose, but you may not crop or
change the composition of the image, or use the image for commercial
purposes.
Please read through our Frequently Asked Questions .
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3. Trademarks
You are prohibited from using any of the marks or logos appearing
throughout the Site without permission from the trademark owner,
except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are
provided solely as a convenience to you. If you use these links,
you will leave the Site. Such links do not constitute or imply
an endorsement, sponsorship, or recommendation by ESD of the third party, the third-party web site, or the information
contained therein. ESD is
not responsible for the availability of any such web sites. ESD is not responsible or
liable for any such web site or the content thereon. If you
use the links to the web sites of ESD affiliates or service providers, you will leave the Site, and
will be subject to the terms of use and privacy policy applicable
to those web sites.
5. Linking to this Site
If you would like to link to the Site, you must follow ESD’s
link guidelines. Unless specifically authorized by ESD,
you may not connect “deep links” to the Site, i.e,
create links to this site that bypass the home page or other
parts of the Site. You may not mirror or frame the home page
or any other pages of this Site on any other web site or web
page.
6. Downloading Files
ESD cannot and does not
guarantee or warrant that files available for downloading through
the Site will be free of infection by software viruses or other
harmful computer code, files or programs.
7. Software
Any software available for download via the Site is the copyrighted
work of ESD and/or its licensors.
Use of such software is governed by the terms of the end user
license agreement that accompanies or is included with the software.
Downloading, installing, and/or using any such software indicates
your acceptance of the terms of the end user license agreement.
8. Disclaimer of Warranties
ESD MAKES NO EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. ESD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE,
THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED
VIA THE SITE. ESD DOES NOT
WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT
DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ESD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT,
OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE,
THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL ESD BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED
TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY
OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY
TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION
CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V)
ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT,
EVEN IF ESD HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED
WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ESD’S LIABILITY IS
LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED
BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
10. Indemnification
You understand and agree that you are personally responsible
for your behavior on the Site. You agree to indemnify, defend
and hold harmless ESD, its
parent companies, subsidiaries, affiliated companies, joint
venturers, business partners, licensors, employees, agents,
and any third-party information providers to the Service from
and against all claims, losses, expenses, damages and costs
(including, but not limited to, direct, incidental, consequential,
exemplary and indirect damages), and reasonable attorneys’
fees, resulting from or arising out of your use, misuse, or
inability to use the Site, the Service, or the Content, or any
violation by you of this Agreement.
11. Privacy
Click here to see ESD Privacy Policy.
12. User Conduct
You agree to use the Site only for lawful purposes. You agree
not to take any action that might compromise the security of
the Site, render the Site inaccessible to others or otherwise
cause damage to the Site or the Content. You agree not to add
to, subtract from, or otherwise modify the Content, or to attempt
to access any Content that is not intended for you. You agree
not to use the Site in any manner that might interfere with
the rights of third parties.
13. Unsolicited Idea Submission Policy.
ESD or any of its employees
do not accept or consider unsolicited ideas, including ideas
for new advertising campaigns, marketing strategies, new or
improved products, technologies, services, processes, materials,
or new product names. We have found this policy necessary in
order to avoid misunderstandings should ESD’s
business activities bear coincidental similarities with one
or more of the thousands of unsolicited ideas offered to us.
Please do not send your unsolicited ideas to ESD or anyone at ESD. If, in
spite of our request that you not send us your ideas, you still
send them, then regardless of what your posting, email, letter,
or other transmission may say, (1) your idea will automatically
become the property of ESD,
without any compensation to you; (2) ESD will have no obligation to return your idea to you or respond
to you in any way; (3) ESD will have no obligation to keep your idea confidential; and
(4) ESD may use your idea
for any purpose whatsoever, including giving your idea to others.
However, ESD does welcome feedback regarding many areas of ESD’s
existing businesses that will help satisfy customer’s
needs, and feedback can be provided through the many listed
contact areas on the Site. Any feedback you provide shall be
deemed a Submission under the terms in the User Supplied Information
section above.
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14. User Supplied Information
ESD does not want to receive
confidential or proprietary information from you via the Site.
You agree that any material, information, or data you transmit
to us or post to the Site (each a “Submission or collectively
“Submissions”) will be considered non confidential
and non proprietary. For all Submissions, (1) you guarantee
to us that you have the legal right to post the Submission and
that it will not violate any law or the rights of any person
or entity, and (2) you give ESD the royalty-free, irrevocable, perpetual, worldwide right to
use, distribute, display and create derivative works from the
Submission, in any and all media, in any manner, in whole or
in part, without any restriction or responsibilities to you.
15. Password Security
If you register to become a easystreetdiscount.com
member, you are responsible for maintaining the confidentiality
of your member identification and password information, and
for restricting access to your computer. You agree to accept
responsibility for all activities that occur under your member
identification and password.
16. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute
the entire agreement of the parties with respect to the subject
matter hereof. No waiver by ESD of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain
typographical errors or other errors or inaccuracies and may
not be complete or current. ESD therefore reserves the right to correct any errors, inaccuracies
or omissions and to change or update the Content at any time
without prior notice. ESD does not, however, guarantee that any errors, inaccuracies or
omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part
of this Agreement is determined by a court of competent jurisdiction
to be invalid or unenforceable, it will not impact any other
provision of this Agreement, all of which will remain in full
force and effect. Any and all disputes relating to this Agreement, ESD’s Privacy Policy,
your use of the Site, any other ESD web site, the Service, or the Content are governed by, and will
be interpreted in accordance with, the laws of the State of Colorado , without regard to any conflict of laws provisions.
d. Claims of Copyright Infringement. Pursuant to Title 17, United
States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to Service Provider's Designated
Agent. See our Notice and Procedure for Making Claims of Copyright
Infringement .
© Copyright 2004-2008 AH HA
Dynamic Company dba Easy Street Discount
ESD. All rights reserved.
Date of Last Modification: January 1, 2008
