ePORT TERMS OF USE
Thank you for visiting the ePort website (“ePort”). ePort is a service provided by FreeWheel Advertisers, Inc. (“FWA,” “we” or “us”). Through this website (the “Site”) and certain affiliated sites, FWA provides a diverse variety of tools and resources to help advertisers make the best use of local television.
Please take the time to read the following Terms of Use for our Site. This is a legal document that describes your rights and responsibilities as a user of the ePort Site. your use of this site is subject to the terms and conditions OF this agreement AND ANY OTHER WRITTEN AGREEMENT BETWEEN FWA AND YOU OR YOUR EMPLOYER RELATING TO YOUR USE OF THE EPORT SITE (“TERMS”). your access and use of this site constitues your acceptance of these terms and your agreement to be bound by them. if you do not agree to these terms, please do not use this site or any services offered by this site. we reserve the right to change these terms at any time without notice. please check back often to ensure you are aware of any updates or changes to these terms.
TERMS OF USE
Your Obligations as a User:
You must be over 18 years old to use ePort. All information you provide also must be correct, current, and complete. When you sign up for any services on the Site, you must:
You must also comply with all of the Terms, all laws and regulations in the country from which you are visiting the Site, and all additional rules governing any particular services that you might use. We reserve the right to suspend or cancel your access or use of the Site, and to forbid you from using the Site and its services (immediately and in the future) if we believe that you have not complied with any of the Terms.
Use Fees:
FWA may, from time to time, charge certain fees for the use of the Site (the “Use Fees”). These fees will be disclosed by FWA, and you will be given the opportunity to discontinue use of the Site if you do not wish to pay the Use Fees. If you consent to pay the Use Fees, but neglect to pay any Use Fees, FWA reserves the right to terminate your access to, and usage of, the Site and any attendant services.
You may not use the ePort Site for any purposesthat violate these Terms, or any laws or regulations of the United States or the country from which you are visiting the Site. FWA reserves the right to terminate your access to the ePort Site at its sole discretion, if: 1) you repeatedly violate these Terms; or 2) FWA receives complaints from other ePort users that you are, or have been, engaging in any activity that would constitute, without limitation, unfair dealing, or that would breach your obligations to other users and/or FWA.
We Own The Site Content:
Our Site contains information, reports, data, applications, graphics, text, images, logos, software and other material ("Content") belonging to FWA, our affiliates, partners and other third parties. You acknowledge and agree that all Content is protected by copyright and other intellectual property and proprietary rights in effect in the United States and elsewhere, and that these rights are owned by FWA or by third parties and are valid and protected in all forms, media and technologies that exist now or are developed or created in the future.
You acknowledge and agree that all Content you access, download, copy or otherwise obtain from the ePort Site is obtained pursuant to a nonexclusive licensewhereby FWA grants you the right to use such Content solely for purposes of accessing and using the ePort Site to transact business with other registered ePort users. You further acknowledge and agree that pursuant to this nonexclusive license you may not claim any ownership or authorship rights in such Content. Also, when you use such Content you agree to credit the Content's source as it is credited on the ePort Site to either FWA or to the appropriate third party owner or author. 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 of the Content.
Any information on the Site is subject to change without notice. It is your responsibility to evaluate the accuracy, completeness, and usefulness of all the Content provided on the ePort Site prior to your use of the Content. FWA does not endorse or represent the reliability, accuracy, or quality of any of the Content. Content that you download or otherwise obtain through the ePort Site is obtained and will be used at your sole risk.
Submissions:
You hereby grant to FWA the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to FWA through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. FWA will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future FWA operations.
FWA will treat any personal information that you submit through this site in accordance with its Privacy Policy (visit: http://eport.gotostrata.com/privacypolicy.htm).
Disclaimers of Warranties:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) WE DO NOT WARRANT OR REPRESENT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, SERVICES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (vi) ANY ERRORS IN THE SITE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR ANY OF THE SERVICES AVAILABLE ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
(a) FWA AND ITS SUBSIDIARIES, AFFILIATES, BOARD OF TRUSTEES, OFFICERS, AGENTS, LICENSORS, LICENSEES AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
(b) IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
Waiver of Jury Trial:
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Indemnification:
You agree to indemnify and hold FWA and its affiliates, board of trustees, officers, agents, 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 your use of the Site, your connection to the Site, your violation of the Terms or your violation of any rights of another.
Hyperlinks To Other Sites:
FWA may provide links to other websites and resources through the ePort Site. FWA provides such links for your convenience only and is not responsible for the content of any such site. Links from the ePort Site to any other site do not mean that FWA approves of, endorses or recommends that site. FWA disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on such other site. You hereby waive all claim you might have against FWA with respect to such other sites.
Infringement Concerns:
Please use the instructions set forth below to let us know if you suspect any infringement on our site. We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Please consult with your attorney if you suspect infringement.
Please send us written notice by fax or regular mail. To expedite our process, please use the following format:
1. Describe the material you believe has been infringed. For example, "The copyrighted work of concern is the picture at ___ " (include the specific Internet address or URL if applicable) and include any relevant proprietary registration information.
2. Describe the material that you claim is infringing the work you identified in #1 above.
3. Tell us how to contact you (include email address).
4. Tell us how to contact the user(s) who posted the material you believe infringes your work (include email address).
5. State the following: "I believe, in good faith, that use of the copyrighted material described above is not authorized by the copyright owner or its authorized representative. I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge, and that I am the copyright owner or authorized to act on behalf of the copyright owner of the exclusive right allegedly infringed."
6. Be sure to sign your written notice to us.
FWA’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: Legal@freewheel.com
By Mail:
FreeWheel Advertisers, Inc.
33 West Monroe Street, Suite 1900
Chicago, IL 60603
By Phone: 312-222-1555
By Fax: 312-222-2510
If the person(s) who posted the original content sends us a counter notification, we will forward a copy of that notice to the person who filed the first notice and restore the material in question.
To file a counter notification with us, send us written notice by fax or regular mail. To expedite our process, please use the following format:
1. Identify the material that FWA has removed or disabled. Include the specific Internet address or URL.
2. Tell us how to contact you. Include your name, address, telephone number, email address. State that you consent to the jurisdiction of the Federal District Court for the judicial district of Cook County, Illinois, and that you will accept service of process from the person who provided notification to FWA of the infringement or an agent of such person.
Disputes:
These Terms of Use will be governed and interpreted pursuant to the laws of the State of Illinois, United States of America. If there is any dispute regarding this site, by using this site, you agree that the dispute will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts of the State of Illinois, Cook County.
Miscellaneous:
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms (including any other written agreement between FWA and you or your employer relating to your use of the ePort Site) constitute the entire agreement among the parties relating to this subject matter.
Right to Update:
Because our Site will continue to implement new technologies and improve the services we provide, these Terms are subject to change. We reserve the right to change or update the Terms and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a site user, you are responsible for regularly reviewing our Terms in order to remain informed of our practices and your obligations as you visit and use our Site.