CRUIZINUSA.COM

TERMS OF USE AGREEMENT

Last Updated: August 28, 2008

IMPORTANT:

THIS AGREEMENT IS A CONTRACT.

IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. PLEASE READ THIS AGREEMENT CAREFULLY, AND PRINT IT, BEFORE CLICKING “I ACCEPT”

The Parties

This Terms of Use Agreement (referred to as the "Agreement" or “Terms of Use”) is made by and between CRUIZIN, INC. and its corporate affiliates (referred to herein as “we,” “us,” “Company,” “Cruizin,” “Cruizin, Inc.” or “Cruizin USA”), a Wisconsin corporation having its office at 638 Cardiff Drive, Hartland, Wisconsin 53029 and YOU This Agreement contains the terms and conditions that govern your use of the web site found at http://www.cruizinusa.com, its mobile version and any of its sub-domains (collectively, the “Site”), and the services, products and networks found at or related to the Site (referred to collectively as the “Service"). You and Company may be referred to collectively herein as the “Parties” and individually as a “Party.”

IN CONSIDERATION and exchange of the mutual covenants of the Parties contained herein and the mutual benefits to be received under this Agreement, the Parties agree as follows:

Acceptance of terms through use

By accessing or using the Site or Service, you signify that you have read, understand and agree to be bound by the Terms of Use, whether you are simply browsing the Site or are a registered member of the Site (collectively “Users”).

The Terms of Use also includes, and by accessing or using the Site or Service you are agreeing to be bounds by, the privacy policy found at www.cruizinusa.com/privacy and all other legal notices posted on the Site and applicable to the Site and/or Service (collectively, the “Policies”). The Policies are incorporated herein by this reference, and you agree to their terms. You should review the Policies frequently and carefully. By using the Site or Service you are consenting to have your personal data transferred to and processed in the United States. Changes to this Agreement. We may change or modify the Terms of Use (including the Policies) at any time without further notice and such changes or modifications will become effective upon being posted on the Site. We will indicate at the top of its first page the date the Terms of Use were last revised. Your continued use of the Service or the Site after any change or modification constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by these or any future versions of the Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms of Use and to review such changes.

Member Registration Data; Account Security

In order to access some features of the Site or Service, you will have to become a registered member and create an account. You may not use any other person’s account.

In consideration of your use of the Site and/or Service, you agree (as more fully described below) to:

• provide accurate, current and complete information about you as may be requested by any registration form on or relating to the Site ("Registration Data");
• maintain the security of your username and password;
• maintain and promptly update your Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and
• be fully responsible for all use of your account and for any actions that take place using your account.

You consent and authorize us to verify your Registration Data as required for your use of and access to the Site and Service.

As a registered member, you will receive a unique username and password in connection with your account (collectively referred to herein as your "Username"). You agree that you will not allow any other person to use your Username to access or use the Site or Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Username and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. Company is not liable for any harm caused by or related to the theft of your Username, the disclosure of your Username, or your authorization to allow any other person to access or use the Site or Service using your Username. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account, including, but not limited to, any charges incurred relating to the Site or Service. You agree to notify us immediately of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data transmitted while using the Site or Service cannot be guaranteed.

Company, in its sole discretion and without notice to you, may freeze or otherwise disable access to your account for a reasonable period of time to investigate any good faith suspicion Company may have regarding activities occurring under your account that may be in violation of this Agreement and/or applicable law.

You agree that your failure to abide by any provision of this Agreement, the Policies or any other Company operating rule or policy, your willful provision of inaccurate or unreliable Registration Data, your failure to update your Registration Data to keep it current, complete or accurate, and/or your failure to respond to inquiries from Company concerning the accuracy of your Registration Data shall be considered a material breach of this Agreement. If within ten (10) calendar days after Company provides notice (in any form and via any method of delivery) to you of such material breach, you fail to provide evidence, reasonably satisfactory to Company, that you have not breached your obligations under this Agreement, Company may terminate your account without further notice to you.

License and Site Access

Company grants you a personal, revocable, nontransferable, and non-exclusive license to access and make personal use of the Site and the Service and to use the object code of the Site on a single computer, subject to the following terms and conditions:

• You do not, and do not allow any third party to, copy, modify, create a derivative work from, or attempt to transfer any right in the software for the Site or the Service; and
• You do not download (other than page caching) or modify the Site or Service or any portion of either, without Company’s express written consent; and
• You do not download (other than page caching), modify or exercise any other right to any User Content (as defined in this Agreement) that you do not exclusively own, without a written license from the owner(s) thereof; and
• You do not download (other than page caching), modify or exercise any other right to any Site Content (as defined in this Agreement), without a written license from Company; and
• You abide by all the terms and conditions of this Agreement, including without limitation the requirements set forth under the section of this Agreement titled User Conduct and General Practices.

Except as otherwise specifically permitted herein, this license expressly excludes any resale or commercial use of any part of the Site or the Service; any collection or use of any product information, advertisements, data, maps or information for commercial purposes; any derivative use of the Site or the Service; any downloading or copying of any user’s Registration Data; and any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor the Service nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Company’s express written consent.

In this Agreement, the term “User Content” means, without limitation: advertisements, pictures, graphics, photographs, trademarks, logos, text, comments, messages, maps, information, listings, videos and other audiovisual work, sound recordings, musical compositions, lyrics, and all other works and intellectual property of any type or kind you upload or post on or through the Service or the Site, or transmit to or share with other users.

Company shall have the right to review all User Content and in its sole discretion to remove or refuse to post any User Content for any reason.

The Site and Service are protected by all applicable federal and international intellectual property laws. No portion of the Site may be reprinted, republished, modified or distributed in any form without Company’s express written permission. You agree not to reproduce, reverse engineer, decompile, disassemble or modify any portion of the Site or Service. Certain content and functionality may be licensed from third parties and all such third party intellectual property rights related thereto belong to the respective third parties.

You acknowledge that Company reserves and retains exclusive ownership of the Site and Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any right or license to patents, copyrights, trade secrets or trademarks with respect to the Site or Service, and Company reserves all rights not expressly granted hereunder. You shall promptly notify Company in writing upon your discovery of any unauthorized use or infringement of the Site or Service or Company' patents, copyrights, trade secrets, trademarks or other intellectual property rights. The Site and Service contain proprietary and confidential information that is protected by applicable law.

Violations of this Agreement may result in civil and/or criminal liability. We have the right to investigate occurrences that may involve such violations and may provide information to and cooperate with law enforcement authorities in prosecuting any user who is involved in such violations. Subject to our Privacy Policy, no User Content or other information uploaded or sent to Company at, on or through the Site or Service will be deemed or treated as confidential.

User Conduct and General Practices

You understand that except for advertising programs offered by us, the Service and the Site are available for your personal, non-commercial use only. Without limiting any other provision of this Agreement, you agree not to use the Service or the Site to:

• harvest or collect email addresses or other contact information from other users of the Service or the Site by electronic or other means;
• use the Service or the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service or posted to the Site;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• interact with minors in any way;
• upload, post, transmit, share 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, “stalk” or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from Company, or create a false identity on the Service or the Site;
• provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) pursuant to Section 219 of the Immigration and Nationality Act; and/or
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its Users to any harm or liability of any type. You acknowledge, consent and agree that Company may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that postings or other uploaded User Content will be retained by the Service, the maximum disk space that will be allotted on the Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Company has no responsibility or liability for the deletion or failure to store any communications, User Content or Site Content. You acknowledge that Company reserves the right to close user accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to modify these general practices and limits from time to time. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Service.

User Representations; User Content

By accepting this Agreement you expressly warrant and represent the following to Company and acknowledge that Company is relying upon such warranties and representations:

• That all factual assertions you have made and will make to us are true and complete; that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; and that in any event you are at least 18 years of age.
• That you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit User Content on the terms provided herein and to grant Company the licenses set forth herein.
• That no other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your User Content on the terms provided herein or to grant Company the licenses set forth herein.
• That your User Content is original; that your User Content was either created solely by you or, by written assignment, you have acquired all worldwide intellectual property rights in and to your User Content; that if your User Content contains any "samples" or excerpts from copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to use and include such work in your User Content; and that your User Content does not otherwise infringe on the personal, privacy, publicity or intellectual property rights of any person or entity.
• That your User Content does not violate any common law or statutory patent, copyright, privacy, publicity, trademark or trade secret rights of any person or entity and is not libelous, defamatory, obscene or otherwise actionable at law or equity.
• That you have neither intentionally nor with gross negligence submitted any User Content containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers.
• You agree to sign and deliver to Company any additional documents that Company may request to confirm Company’s rights and your warranties and representations under this Agreement.
• You acknowledge that Company is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify Company, its licensees, assigns, customers and corporate affiliates against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.

You are solely responsible for all User Content. You may not post, transmit or share User Content on the Site or Service that you did not create or that you do not have permission to post, transmit or share. You understand and agree that Company may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Company.

You shall retain all ownership rights in and to your User Content. Notwithstanding, when you post, transmit or share User Content, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and Service, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter devised. You also hereby grant each user of the Site and Service a non-exclusive license to access the User Content through the Site and Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and Service and under the Terms of Use.

You may remove your User Content from the Site at any time. You understand and agree, however, that Company may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content are perpetual and irrevocable.

WARNING: COMPANY DOES NOT CONTROL USER CONTENT POSTED TO THE SITE OR VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF ANY USER CONTENT. COMPANY DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THEREIN, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT.

YOU UNDERSTAND THAT BY ACCESSING THE SITE AND USING THE SERVICE, YOU MAY BE EXPOSED TO USER CONTENT THAT IS OFFENSIVE, INDECENT,OBJECTIONABLE OR INACCURATE. COMPANY DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON THE SITE, AND, IN ACCORDANCE WITH COMPANY’S DMCA POLICY COMPANY WILL REMOVE USER CONTENT IF PROPERLY NOTIFIED THAT SUCH USER CONTENT INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS.

YOU MAY ACCESS USER CONTENT SOLELY FOR YOUR INFORMATION AND NON-COMMERCIAL, PERSONAL USE AND AS INTENDED THROUGH THE NORMAL FUNCTIONALITY OF THE SITE AND SERVICE, INCLUDING WITHOUT LIMITATION THE “STREAMING” OF AN AUDIOVISUAL WORK. ALL USER CONTENT IS MADE AVAILABLE “AS IS” AND MAY NOT BE COPIED, REPRODUCED, DISTRIBUTED, OR OTHERWISE EXPLOITED IN ANY MANNER OTHER THAN AS INTENDED BY THE NORMAL FUNCTIONALITY OF THE SITE AND SERVICE.

Co-Branding, Framing, Metatags and Linking

Co-Branding. You may not co-brand the Site or Service. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of Company in such a manner as is reasonably likely to give the impression that you have the right to display, publish, or distribute the Site or Service or content accessible within the Site or Service. You agree to cooperate with Company in causing any unauthorized co-branding immediately to cease.

Framing and Metatags. You may not frame or use framing techniques to enclose any Company trademark, logo, or other proprietary information (including but not limited to images, text, page layout, and form) without Company’s express written consent. You may not include Company’s name or trademarks in any metatags or any other "hidden text" without Company’s express written consent.

Linking.

You are granted a limited, revocable, nonexclusive license to create a hyperlink to the Site’s home page, provided that you comply with all of the following:

• The link must be a text-only link clearly marked “Cruizin USA™” or "CruizinUSA.com™ " or "www.cruizinusa.com";
• The link must "point" to the URL "http://www.cruizinusa.com" and not to any other page within or without the Site;
• The link, when activated by any person, must display the Site full-screen and not within a "frame" on the linking or any other site;
• The link shall not portray Company or its products or services in any false, misleading, disparaging or otherwise offensive manner;
• The link may not use any Company logo or other proprietary graphic or trademark as part of the link without Company’s prior express written permission; and
• The appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create any false appearance that we are associated with or sponsor the linking or any other site.

We reserve the right to revoke this license to link at any time in our sole discretion, without notice.

Any unauthorized activity by you as set forth in this provision shall result in the immediate and automatic termination of your account and all permission, rights and/or licenses granted to you by Company, and may also result in such additional action as Company deems necessary to protect and enforce its legal rights.

Mobile Services

The Service may include certain services that are available via your mobile phone, including without limitation the ability to upload content and messages to the Site, blog post, and send and receive messages, instant messages, and other types of communications that may be developed for the Site (collectively the "Mobile Services"). Your mobile carrier's normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. When available, by using any Mobile Services, you agree that we may communicate with you regarding the Company and the Site and other entities by multimedia messaging service, short message service, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Third Party Websites and Content

You understand that users of the Site may post links to third party web sites that are not owned or controlled by Company ("Third Party Sites") and that Third Party Sites may contain advertisements, pictures, graphics, photographs, trademarks, logos, text, comments, messages, maps, information, listings, videos and other audiovisual work, sound recordings, musical compositions, lyrics, and other works and intellectual property (without limitation, “Third Party Content”) that is not owned or controlled by Company.

Without in any way limiting any other provisions of this Agreement, Company makes no representations whatsoever about any Third Party Site or Third Party Content that you may access through the Site. When you access any other website, you understand that it is entirely independent from the Site, and that Company has no control over the content of such website nor of its policies. Company will not and cannot investigate, monitor, censor or edit the content of any Third Party Sites or Third Party Content. It is up to you to take precautions to ensure that Third Party Sites and Third Party Content are free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. If you access any Third Party Site or use or install any Third Party Content, you do so at your own risk.

In addition, a link to another website does not mean that Company endorses or accepts any responsibility for the content, use or policies of the linked website or that the policies of that website are consistent with our policies or the terms and conditions of this Agreement. We strongly encourage you to become familiar with the terms of use and practices of any linked site. You acknowledge and agree that all Third Party Content and Third Party Sites shall be governed by the terms of use and other rules established by the owners, operators or providers of such Third Party Content and/or Third Party Sites, and that Company shall not be a party to, and shall play no role whatsoever in any dispute you may have with the owners, operators or providers of such Third Party Content and/or Third Party Sites

In the event users of Third Party Sites post links to the Site on Third Party Sites, the Site and the Service will continue to be governed by this Agreement.

By using the Site and/or Service, you expressly release Company from any and all liability arising from your use of any Third Party Site or Third Party Content.

Copyright and Trademark Notices

Except for User Content, all content included on the Site and Service, including but not limited to text, graphics, logos, layout, design, button icons, images, data compilations, code and source code, multimedia content (including but not limited to images, illustrations, audio and video clips), html and other mark up languages, all scripts within the Site or associated therewith and all other work and intellectual property of any type or kind, whether patentable or copyrightable or not (hereinafter, without limitation, “Site Content”), is the property of Company or its content suppliers and is protected by United States and international copyright laws with All Rights Reserved. The compilation of all Site Content on the Site is the exclusive property of Company and is protected by United States and international copyright laws with All Rights Reserved. All software used on this site is the property of Company or its software suppliers and is protected by United States and international copyright laws with All Rights Reserved.

The trademarks “Cruizin,” “Cruizin USA,” “cruizinusa.com” and all logos and trade dress related to the Site (collectively, the “Company Marks”) are exclusively owned by Company. Other trademarks, service marks, logos, labels, product names and service names appearing in User Content posted on the Site and not owned by Company or its subsidiaries, are the property of their respective owners.

You agree not to copy, display or otherwise use any Company Marks without Company’s prior written permission. Company Marks may never be used in any manner likely to cause confusion, disparage or dilute the Company Marks and/or in connection with any product or service that is not authorized or sponsored by Company.

You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any Content.

Parental Control Protections. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com

Special Admonitions for International Use

We make no representation that products or services available on or through the Site or Service are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site or Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Products, including software, made available through the Site or any Service are further subject to United States export controls. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No such products may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any product available through the Site or Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or Service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.

Digital Millennium Copyright Act (DMCA) Policy and Notification

Section 512 of the Copyright Law of the United States (17 U.S.C. §512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider’s website. CRUIZIN, INC. has designated an agent to receive notification of alleged copyright infringement (our agent is identified below). This notification is made without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512, to CRUIZIN, INC.

How to report a claim of infringement

If you believe that any of your exclusive rights under United States copyright law have been violated in a manner that constitutes infringement, and that the allegedly infringing material is accessible on this site or through CRUIZIN, INC. as an online service provider, you must notify our designated agent.

The law requires that to be valid, your claim of copyright infringement must be written and addressed to our agent (identified below) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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;
• Information reasonably sufficient to permit the service provider (that’s us) to contact the complaining party (that’s you), such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• 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
• 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.

When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist our agent’s investigation of your claim.

Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided) CRUIZIN, INC. will undertake to have the disputed material removed from public view. We will also notify the user who posted the allegedly infringing material that we have removed or disabled access to that material. CRUIZIN, INC. has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false.

Please note: If you materially misrepresent that material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution.

How to make a counter notification

• If you are a CRUIZIN, INC. user and you feel that material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (identified below) and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):
• A physical or electronic signature of the subscriber (that’s you);
• 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;
• 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
• 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 under subsection (c)(1)(C) or an agent of such person.

Our designated agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, CRUIZIN, INC. is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration. It is CRUIZIN, INC.’s policy to terminate users who are found to be repeat infringers.

CRUIZIN, INC.’s designated agent is VICTORIA JASIEK.

By e-mail: copyright@cruizinusa.com (Subject line: DMCA)

User Disputes

You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Disclaimer of Warranties.

You acknowledge that the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Company shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of the Site or Service. Company provides no promise or assurance whatever that any of your User Content will ever be accessed, viewed or used by other users.

A possibility exists that the Site or Service could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Service. Although we attempt to ensure the integrity of the Site and Service, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which the Site's or Service’s completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable.

The Site and Service may be discontinued at any time, without notice, and with or without reason or cause.

Company disclaims any and all responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or User Content. Company disclaims any and all responsibility for harm resulting from downloading or accessing any information, User Content or Site Content on the Internet or through the Site.

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE (INCLUDING THE MOBILE SERVICES), IS PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT PREJUDICE TO DISCLAIMERS FOUND ELSEWHERE IN THIS AGREEMENT, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY COMPANY SERVICE. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, USERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.

COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SERVICE AND YOUR RELIANCE THEREON. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.

Limitation of Liability.

NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (TOGETHER, FOR PURPOSES OF THIS SECTION, “COMPANY”), ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY COMPANY SERVICE OR ANY LINKED SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL COMPANY’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY, TO ACCESS THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ANY COMPANY SERVICE, FROM INABILITY TO USE THE SITE OR ANY COMPANY SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY COMPANY SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED AT, IN OR THROUGH THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE OR ANY COMPANY SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SITE OR ANY COMPANY SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR ANY COMPANY SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL COMPANY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, EPIDEMIC, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

Termination

Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through the Service and/or prohibit you from using or accessing the Service or the Site, or any portion thereof, for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. When we are notified that a User has died, we will generally, but are not obligated to, keep the User's account active under a special memorialized status for a period of time determined by us to allow other Users to post and view comments.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. You hereby assign to Company all exclusive rights, including all intellectual property rights, to Submissions and Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Miscellaneous.

Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Company’s option.

This Agreement is binding on the Parties and their respective heirs, legatees, executors, successors and assigns. Except for Policies and other agreements incorporated by reference herein, this Agreement is the entire agreement between the Parties and supersedes all prior written or oral agreements between the Parties relating to the subject matter hereof. If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit the essential purposes of the Agreement to be achieved. The Parties’ various rights and remedies hereunder shall be construed to be cumulative.

This Agreement shall be deemed to have been made in the United States of America, State of Wisconsin, and it shall be governed by the substantive laws of the State of Wisconsin without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in Dane County, Wisconsin, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections.

Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.

Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.

No breach of this Agreement by Company shall be deemed material unless you shall have given Company written notice of such breach, and Company shall fail to cure such breach within thirty (30) days after its receipt of such notice.

All notices required to be sent to Company under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, to Cruizin, Inc., 638 Cardiff Drive, Hartland, WI 53029 Attention: Legal (or such other address or addresses as may be designated by Company herein).

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notice for California Users. Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. The provider of service is Cruizin, Inc., 638 Cardiff Drive, Hartland, WI 53029. There is no charge for using the Site. Charges for advertising are available by contacting Company at the above address, Attention: Customer Service.

You agree to defend, indemnify and hold Company harmless against any losses, expenses, costs or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your User account. Company may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.

You may terminate this Agreement at any time by providing Company with thirty (30) days' written notice of your intention to terminate. Company may terminate this Agreement at any time, without notice and in its sole discretion.

Acceptance of Electronic Contract. You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.

FINANCIAL TERMS AND CONDITIONS

Currency. Advertising fees and prices are based on United States dollars. Payments for any purchase made on or through the Site or Service shall be made to Company in United States dollars.

Payments. You agree to pay for all fees and charges incurred under your Username. If you have configured the account associated with your Username (your "Account") to pay for advertisements or purchases with a credit or debit card or similar form of payment (a "Card” payment method), you authorize any and all charges and fees incurred under your Account to be billed from time to time to your Card account. Regardless of the method of payment, it is your sole responsibility to advise Company of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known to you. Your Card issuer agreement governs the use of your designated Card account in connection with any fee, purchase or Service; you must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a Cardholder.

Stale Checks. Checks issued by Company to any User, for any purpose, are VOID after 180 days from the date of issue. Users who fail to cash Company-issued checks within such 180-day period will be charged a $5.00 fee for re-depositing funds from the stale check to the User’s Account. Users requesting replacement checks will be charged an additional $5.00 fee for issuance of the replacement check.

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