Terms of Use

Welcome to Extend America. This Web site will provide you with access to a collection of online resources, which may include: general and personalized content, communication tools, online directories, download areas and information (collectively called our “Site”). On-line resources are provided both through our Site and by linking to Web sites of third parties with whom Extend America has an ongoing relationship as well as by linking to other unrelated third party sites which we think may be useful to you or your business. Such sites may have their own terms of use or applicable policies. Extend America has also contracted with certain third parties to enable Extend America to provide our Site to you. The term “Extend America” (or “we”, “our” and “us”) includes any subsidiaries and/or affiliates of Extend America Inc., as well as their successors and assigns.

1. ACCEPTANCE OF TERMS

Access to this Site is provided to you by Extend America subject to these Terms of Use (“Terms”). These Terms may by updated from time to time without notice. All amended Terms shall automatically be effective when they are initially posted on our Site. By using our Site in any way you are agreeing to comply with then effective Terms. Your continued use of our Site after updates to the Terms shall constitute your consent to such changes and agreement to comply with the latest Terms. Certain services available through the Site, especially services for which you are asked to subscribe or pay money, may have their own additional terms and conditions that will apply to your purchase or use of that particular service and which will control in the event of any conflict with these Terms. These Terms govern the use of our Site by viewers and other users (visitors).

2. REGISTRATION, PASSWORD AND SECURITY

If you provide information to Extend America via our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable belief to suspect that the information is, untrue, inaccurate, not current or incomplete, Extend America may suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).

If any portion of the Site requires you to register, you may also be asked to choose a password and a user name. Select a password that would not be obvious, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. Immediately notify Extend America of any unauthorized use of your account or any other breach of security. Extend America will not be liable for any loss or damage that you may incur as a result of someone else using your account, either with or without your knowledge. You may not use anyone else’s account at any time without their permission.

Extend America intends to take certain industry-accepted precautions from time to time to secure our Site or portions thereof, and some portions of the Site may be labeled as “secure” in accordance with industry practice in connection with the use of such precautions. However, you understand and agree that such precautions do not guarantee that use of the Site is secure against security breaches, and that Extend America makes no warranty, guarantee, or representation that use of our Site is protected from all viruses, unauthorized access by third parties or other vulnerabilities.

3. PRIVACY POLICY; USE BY CHILDREN

Please view our comprehensive Privacy Policy relating to the collection and use of your information through or in connection with our Site. If you enter into transactions with or provide information to other companies in connection with our Site, you will be subject to their privacy policies rather than ours. Our Site is intended for use by persons 18 years or older. We do not intentionally collect any personal, individually identifying information from children under the age of 13.

4. USER CONDUCT

You hereby agree that you are responsible for any content that you post or transmit on or through our Site. You hereby agree to use our Site in accordance with all applicable laws and regulations.

You hereby agree you will not use our Site to distribute, link to, or solicit content that:

• is harmful to minors;
• infringes the intellectual property or other rights of another party;
• advocates or solicits violence or criminal conduct;
• is threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive;
• specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
• constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication;
• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or communications systems or equipment.

Extend America generally will not pre-screen or control the content posted via our Site by third parties, and, therefore, does not guarantee the accuracy, integrity or quality of such content.

Extend America disclaims and any all liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via our Site.

Extend America shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via our Site. Without limiting the foregoing, Extend America shall have the right to remove any content that violates these Terms or is otherwise objectionable.

5. LIMITATIONS ON USE AND OPERATION OF OUR SITE

Extend America may set limits regarding our Site and the use of any features or services associated with our Site, including (where applicable) limits on the duration or amount of storage of postings, e-mail and other user-provided content, or the number or size of messages to or from a user. We are not liable for the deletion, garbling or loss of messages, other communications, or other content maintained or transmitted by our Site.

We may change or terminate our Site or any part of it without notice or liability. We may terminate or change your password, account, or use of all or any part of our Site and may remove any content from our Site without notice and for any reason, including lack of use or violation of these Terms. We reserve the right to log off accounts that are inactive for an extended period of time.

6. CONTENT PUBLICLY POSTED OR SUBMITTED TO EXTEND AMERICA

Our Site may have "publicly accessible areas" such as message boards, forums, member profiles, or other features that allow users to post information that will be accessible by the public or the user population generally. With respect to all content you elect to post to such publicly accessible areas of our Site, while you retain any and all rights that may exist in such content, you grant Extend America the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Site to access, display, view, store and reproduce content that you have placed in publicly accessible areas of our Site. Any content you post to publicly accessible areas is not subject to our Privacy Policy.

Except for any personal identifiable information which we agree to keep confidential as provided in our Privacy Policy, any feedback, data, answers, questions, comments, suggestions, ideas or the like that you send to us will be treated as being non-confidential and nonproprietary, and not subject to our Privacy Policy. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use, without liability, any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

7. INDEMNITY

You agree to indemnify and hold Extend America and its underlying content and service providers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party relating to, resulting from or arising out of content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with Extend America or your use of our Site. Extend America reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Extend America in asserting any available defenses.

8. SPECIAL LIMITATIONS ON USE OF OUR SITE

We grant to you a limited, non-exclusive, non-transferable, revocable license to use our Site only for the intended purposes of our Site. You may not sell, resell, or otherwise use or commercially exploit our Site other than by using it for its intended purposes. Systematic retrieval of data or other content from our Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Extend America is prohibited. You further agree not to reproduce, prepare derivative works from or otherwise commercially exploit any portion of our Site, for any purposes other than its intended purposes or other than as expressly permitted by these Terms.

You may not modify, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate our Site or create derivative works based on our Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site’s underlying technology.

Any license granted to you under these Terms for the use of any portion of our Site requiring registration or an account will automatically terminate upon termination of your account or registration privileges with respect to such portion of our Site. Extend America and its third party suppliers have the right to terminate the license of any user at any time for any or no reason, solely in the discretion of Extend America and its third party suppliers.

Extend America provides our Site for use only by persons located within the United States and provides certain telecommunications and other services only in certain portions of the United States. Extend America makes no representation that materials or services described on our Site are appropriate or available for use in locations outside the United States or our applicable serving territories within the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws.

9. THIRD PARTIES; LINKS

Our Site may provide links to or information about other Web sites or resources. Your correspondence or business dealings with, or participation in promotions of, advertisers or service providers found on or through our Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that Extend America shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of information about or links to such advertisers or service providers on our Site. You acknowledge and agree that Extend America is not responsible or liable for the availability, accuracy, copyright compliance, legality, decency, or any other aspect of the content, advertising, products, services or other materials on or available from such sites or resources. Advertisements found on or through our Site, and references that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information, do not constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. You acknowledge that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing our Site.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXTEND AMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

B. EXTEND AMERICA MAKES NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXTEND AMERICA OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED VIA OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

E. THIS SITE CONTAINS SPECIALIZED DATA AND CONTENT PROVIDED BY THIRD-PARTIES. EXTEND AMERICA DOES NOT WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY OR COMPLETENESS OF THIS INFORMATION. NEITHER EXTEND AMERICA NOR ITS CONTENT OR DATA PROVIDERS SHALL BE LIABLE FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THIS CONTENT

F. MATERIAL ON OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY INCORPORATED INTO THIS MATERIAL. EXTEND AMERICA MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCTS, SERVICES OR PROGRAMS DESCRIBED IN THESE MATERIALS AT ANY TIME WITHOUT NOTICE.

10. LIMITATION OF LIABILITY; EXCLUSIVE REMEDY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXTEND AMERICA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (WHETHER OR NOT EXTEND AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; OR (v) ANY OTHER MATTER RELATING TO OUR SITE. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXTEND AMERICA ’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE.

11. NOTICE

Notices to you, including notices of changes to these Terms, may, at Extend America’s discretion, be made either by e-mail, regular mail or by displaying the notices or links to notices on our Site.

12. TRADEMARK, COPYRIGHT INFORMATION

The Extend America name, the Extend America logo, Extend America slogans and other Extend America logos and product and service names are trademarks of Extend America (the "Extend America Marks"). You are not authorized to use any Extend America name or mark as a hypertext link to any Extend America Website or in any advertising, publicity or in any other commercial manner without the prior written consent of Extend America. Registration and/or use of the Extend America name, or a confusingly similar name, as part or all of a domain name by a third party is strictly prohibited.

You may use, copy and distribute the materials found on Extend America Websites for internal, noncommercial, informational purposes only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice located on our Site that pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a right, title, interest or license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by Extend America or any third party owner of such rights. All trademarks and service marks contained herein that are not Extend America Marks are the trademarks of their respective owners.

13. GENERAL

These Terms govern, and constitute the entire agreement between you and Extend America with respect to, your use of our Site. Additional or different terms and conditions may apply when you use other specific Extend America services or the services of any third-party suppliers of content, software or services. The laws of the State of North Dakota govern this agreement and the relationship between you and Extend America with respect to our Site. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Burleigh County, North Dakota for any claim or dispute arising from these Terms or the use of our Site. Extend America’s failure to enforce any right under these Terms will not waive that right. You must file any claim or suit related to our Site within one year after it arises.

The Digital Millennium Copyright Act of 1998

The Digital Millennium Copyright Act of 1998 addresses the remedies available to copyright owners who believe that their proprietary rights have been infringed on an Internet site accessed through a host Internet service provider. Under the Act, a copyright owner claiming unauthorized online use of protected works is required to provide specific notice of such claim to the Designated Agent of the host and request that the infringing material be removed or that access to the material be blocked.

If you believe in good faith that Extend America should be notified of a potential online copyright infringement occurring in an Extend America Website, please promptly notify Extend America’s Designated Agent:

DMCA Designated Agent
Extend America
222 South 12th Street
Bismarck, ND 58504
E-mail: legal@extendamerica.com

To be effective under the Act, your notification to Extend America’s Designated Agent must be made in writing or by e-mail and must include the following:

1. Identification of the copyrighted work that you claim has 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;
2. Identification of the material that you claim is 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 Extend America to locate the page or site holding the material;
3. Information reasonably sufficient to permit Extend America to contact you, such as an address, telephone number, and if available, an electronic mail address;
4. A statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement under penalty of perjury that the information in the notification is accurate and that you are either the owner of an exclusive right that has allegedly been infringed or are authorized to act on behalf of such owner; and,
6. Your physical or electronic signature (as either the owner of an exclusive right that is allegedly infringed, or as a person legally authorized to act on behalf of such owner);

Before you provide Extend America with notification of a claimed infringement, you should carefully review your claim to ensure that it is accurate and made in good faith. Under the Act, there are substantial penalties for false claims.

Upon receiving proper notification of an alleged copyright infringement involving the posted material, we will review your claim and take appropriate action in accordance with our Acceptable Use Policy.

If you have received notice from us of a claim of infringement made in relation to materials you placed on the Internet and you believe in good faith that such claim has been wrongly made against you by the claiming party, you may submit a counter-notice to bring about a private dispute between you and the party claiming copyright infringement. You should provide your counter-notification to:

DMCA Designated Agent
Extend America
222 South 12th Street
Bismarck, ND 58504
E-mail: legal@extendamerica.com

Before you provide us with counter-notification denying a claim of Infringement, you should carefully review your statement to ensure that it is accurate and made in good faith. Challenges to claims of infringement must be substantiated in court to withstand the claims by the copyright owner.

Please note: Do not send any other notices, including notifications of account termination, service complaints or any other communications, to the Designated Agent. The Designated Agent is appointed solely for the purpose of receiving and reviewing claims of online copyright infringement made pursuant to the Digital Millenium Copyright Act of 1998.