Terms of Use

Effective Date: As of April 14, 2007

1. Acceptance of Terms of Service
EasyCare.com is provided free of charge to you (unless otherwise indicated), by Automobile Protection Corporation -- APCO.

EasyCare.com is defined as an all English language United States based web site owned, controlled and/or operated by Automobile Protection Corporation -- APCO. Although portions of the EasyCare.com may be viewed simply by visiting the web site, in order to access the message boards and/or receive additional services from EasyCare.com you need to register as a member of EasyCare.com. If you register as a member of EasyCare.com, these Terms of Service will govern your use of EasyCare.com, including access to message boards.

BY COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service, together with any applicable additional Terms of Service posted govern your use of EasyCare.com and all services provided in connection with EasyCare.com. EasyCare.com shall not be liable to you for any breach of these Terms of Service.

If you do not agree to these Terms of Service, please do not register for or enter EasyCare.com. The Terms of Service for your continued use of EasyCare.com will be available throughout the website. Please check these areas before using EasyCare.com to determine whether a change has been made to these Terms of Service.

If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with EasyCare.com immediately by (i) notifying EasyCare.com of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use of EasyCare.com. Your continued use of EasyCare.com will signify your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of EasyCare.com is hereby expressly prohibited.

From time to time EasyCare.com may supplement these Terms of Service with additional terms pertaining to specific content ("Additional Terms"). You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.

2. Registration Information/Privacy Policy
When you register for EasyCare.com, you will be asked to provide EasyCare.com with the following information: your name, e-mail address, phone number and zip code. In addition, you may choose to provide EasyCare.com with additional information, including your mailing address, household income, education, marital status and employment status. Any information provided by you or gathered by EasyCare.com or third parties during any visit to EasyCare.com shall be subject to the terms of EasyCare.com Privacy Policy, which are incorporated herein by reference. Click here if you wish to read EasyCare.com Privacy Policy.

EasyCare.com reserves the right to terminate your membership if EasyCare.com learns that you have provided EasyCare.com with false or misleading registration information.

3. Termination
Automobile Protection Corporation -- APCO reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access EasyCare.com, upon any breach by you of these Terms of Service or otherwise.

4. Modifications of these Terms of Service
Automobile Protection Corporation -- APCO may modify these Terms of Service from time to time in its sole discretion. Each time you log on to EasyCare.com, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right to provide you notice of such changes to any e-mail address you have provided to EasyCare.com.

5. Modifications of EasyCare.com
Automobile Protection Corporation -- APCO may modify or discontinue EasyCare.com with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

6. Content of Messages
You alone are responsible for the content of your messages, and any consequences of such messages. EasyCare.com reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines. Any use by you of any other subscriber's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service.

EasyCare.com is to be used by you for your personal use only. Commercial uses of EasyCare.com are strictly prohibited. You agree that you will not use EasyCare.com for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. You further agree not to use EasyCare.com to send or post on message boards or any place on EasyCare.com, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by EasyCare.com in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.

For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on EasyCare.com. EasyCare.com reserves the right to delete any such material from EasyCare.com. EasyCare.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of EasyCare.com. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use EasyCare.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. You acknowledge that (i) EasyCare.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content.

You may not post to EasyCare.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on EasyCare.com is not protected by Rights rests with you. You acknowledge that EasyCare.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials. By submitting content, which may include your member name, to any "public area" of EasyCare.com, you grant EasyCare.com a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on EasyCare.com retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS OR ANY OTHER AREA ON EASYCARE.COM, YOU HEREBY EXPRESSLY PERMIT EASYCARE.COM TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY AUTOMOBILE PROTECTION CORPORATION -- APCO 'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

7. Third Party Services
You may order services or merchandise through the EasyCare.com or from other persons not affiliated with EasyCare.com("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller.

EasyCare.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider EasyCare.com nor will EasyCare.com be construed as a party to such transactions, whether or not EasyCare.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

EasyCare.com may include special routing icons which may be located within EasyCare.com, the activation of which will allow you to access and learn more about EasyCare.com and other services provided by EasyCare.com whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

8. Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify EasyCare.com of any unauthorized use of your registration or password.

9. Claims of Copyright
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe in good faith that materials hosted by EasyCare.com infringe your copyright, you (or your agent) may send EasyCare.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow EasyCare.com to locate the material on EasyCare.com; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) 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.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send EasyCare.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. EasyCare.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF EASYCARE.COM IS AT YOUR SOLE RISK. EASYCARE.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EASYCARE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AUTOMOBILE PROTECTION CORPORATION -- APCO MAKES NO WARRANTY THAT EASYCARE.COM WILL MEET YOUR REQUIREMENTS, OR THAT EASYCARE.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES AUTOMOBILE PROTECTION CORPORATION -- APCO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EASYCARE.COM. AUTOMOBILE PROTECTION CORPORATION -- APCO WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF EASYCARE.COM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EASYCARE.CO IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT AUTOMOBILE PROTECTION CORPORATION -- APCO DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH EASYCARE.COM. AUTOMOBILE PROTECTION CORPORATION -- APCO IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER EASYCARE.COM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN EASYCARE.COM, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. AUTOMOBILE PROTECTION CORPORATION -- APCO ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

AUTOMOBILE PROTECTION CORPORATION -- APCO SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN EASYCARE.COM. YOUR PARTICIPATION IN EASYCARE.COM IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EASYCARE.COM OR THROUGH EASYCARE.COM, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. AUTOMOBILE PROTECTION CORPORATION -- APCO IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE EASYCARE.COM.

AS A CONVENIENCE TO OUR MEMBERS, WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH EASYCARE.COM MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST EASYCARE.COM WITH RESPECT TO SUCH SITES.

11. Limitation of Liability
AUTOMOBILE PROTECTION CORPORATION -- APCO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE EASYCARE.COM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF EASYCARE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. E-Mail Message Storage
EasyCare.com assumes no responsibility for the deletion of or failure to store e-mail messages.

13. Promotional Messages
EasyCare.com and/or third parties may, from time to time, send e-mail messages to you containing surveys or polls, promotions, etc. EasyCare.com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither EasyCare.com nor such third party shall have any liability with respect thereto.

14. Indemnification
You agree to indemnify and hold each Automobile Protection Corporation -- APCO, its affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of EasyCare.com, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

15. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflicts of laws provisions. By registering for or entering EasyCare.com, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Georgia.

16. Remedies for Breach of these Terms by You
In the event that Automobile Protection Corporation -- APCO determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for EasyCare.com, EasyCare.com reserves the right to (i) warn you via email (to any email address you have provided to EasyCare.com) that you have violated these Terms of Service; (ii) delete any or all content provided by you or your agent(s) to EasyCare.com; (iii) discontinue your registration(s) with EasyCare.com; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which EasyCare.com deems to be appropriate.

If your registration(s) with or ability to access EasyCare.com is discontinued by EasyCare.com due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of EasyCare.com, then you agree that you shall not attempt to re-register with or access EasyCare.com through use of a different member name or otherwise.

In the event that you violate the immediately preceding sentence, EasyCare.com reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv) and (v) of this provision without any notice or warning to you.

17. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

EasyCare.com may assign its rights and obligations under these Terms of Service and upon such assignment EasyCare.com may be relieved of any further obligation hereunder. You represent to EasyCare.com that you have the authority to register with or visit EasyCare.com according to these Terms of Service. EasyCare.com does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit EasyCare.com.

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on EasyCare.com) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of EasyCare.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

EasyCare.com reserves the right to terminate free access to EasyCare.com with or without notice to you. EasyCare.com reserves the right to provide you with notice of such change by prominently posting a notice on the EasyCare.com and/or sending written notice to you at any e-mail address you have provided.

If you have any questions about this Terms of Service Agreement or the practices described herein, you may contact: Automobile Protection Corporation -- APCO at info@EasyCare.com.

Rev 4-12-07
© 2007 Automobile Protection Corporation -- APCO All rights reserved.