<%@LANGUAGE="VBSCRIPT" CODEPAGE="1252"%> Extreme Research Corp. Acceptable Use Policy
 

Extreme Rewards Acceptable Use Policy

Terms of Use Agreement:

The Extreme Rewards Corporation [Hereinafter "ERC" or "we"] owns the following Web Sites as well as the Preferred Customer Member Office:

www.MyExtremeResearch.com
www.ExtremeRewardsUSA.com
www.IcareAboutIt.com
www.EnviroFuelPlus.com
www.ExtremeResearchColombia.com
www.ERColombia.com
www.ExtremeResearchPanama.com
www.ERPanama.com
www.mlmwebtracker.com/extreme (Member Office)

All sites above and all content of the Preferred Customer Member Office are hereinafter referred to as "The Site" or ""The Sites"".

Any use of "The Sites" is with FULL acceptance of this Terms of Use Agreement [Hereinafter "Terms of Use"]. This Agreement is between the party/Customer using "The Sites" [Hereinafter "you"] and ERC with a principal place of business at Extreme Rewards Corporation, 401 Ocean Ave, Suite 205, Melbourne Beach, FL, 32951. You should carefully read the Terms of Use before using "The Sites". By using "The Sites" you agree to be bound by all the terms and conditions set forth in this Agreement. This is a legally binding agreement between you and ERC. If you do not agree with the terms and conditions contained in this Agreement you should not utilize ""The Sites"", and you are instructed to immediately leave "The Sites".

We agree to provide you access to "The Sites" in accordance with this agreement, and the "Terms of Use" agreement.
You agree to use "The Sites" in a manner consistent with the Terms of Use and all applicable rules and regulations. You acknowledge that you have read the Terms of Use and that you accept the terms thereof. You agree to read these terms of use carefully before using "The Sites". If you do not agree to the Terms of Use, you may not access or otherwise use "The Sites" and you are instructed to immediately leave "The Sites".

"The Sites" may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, or constitutes an illegal threat.
You accept that "The Sites" are provided on an "as is, as available" basis.
Your access to, and use of "The Sites", may be terminated at any time for any reason, of for no reason, by us or by you, by sending notice to the other party.

"The Sites" are protected by copyright as a collective work and/or compilation, pursuant to U.S. Copyright laws, international conventions, and other copyright laws. You are authorized to download only one copy of the material displayed or performed on "The Sites" ("Content") on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice. All materials contained on "The Sites" are protected by copyright, and are owned or controlled by or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on "The Sites". Permission is given to view the material on these web pages and save that material only for your personal reference. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from ERC or the copyright holder identified in the individual Content's copyright notice.

You may not modify, copy, distribute, republish or upload any of the material on "The Sites" in any way unless you obtain the prior written consent of ERC. No intellectual property or other rights shall be transferred to you through your use of "The Sites". We are not able to confirm that the materials contained on these web pages are correct in every case. ERC reserves the right to make changes to "The Sites", including the availability of any feature, database, Content, Web page materials, product information and prices on "The Sites" at any time without notice or liability. ERC may also impose limits on certain features and services or restrict your access to parts or all of "The Sites" without notice or liability.

To the extent that any portions of "The Sites" (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas or opinions ("Postings"), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on "The Sites".

You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through "The Sites" any materials which (i) restrict or inhibit any other user from using and enjoying "The Sites", (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

We reserve the right to monitor all postings or other materials posted on "The Sites" and to remove any which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use. We do not and cannot review all materials posted to "The Sites" by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of ERC are objectionable or in violation of these Terms of Use.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to "The Sites", you hereby grant to ERC, subject to our privacy policy, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against ERC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

You acknowledge that transmissions to and from "The Sites" are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us, or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose including but not limited to repeated unwanted emails or "SPAM," may be prosecuted to the full extent of the law." You acknowledge that by submitting Communications to ERC, no confidential, fiduciary, contractually implied or other relationship is created between you and ERC other than pursuant to these Terms of Use and any subsequent written agreement entered into with ERC.

"The Sites", including all content (software, functions, materials and information) made available on or accessed through "The Sites", is provided "AS IS, AS AVAILABLE" to the fullest extent permissible by law. ERC and any of it's subsidiaries and it's Customers/members make no representation or warranties of any kind whatsoever for the content on "The Sites" (materials, information and functions) made accessible by the software that is used on or accessed through "The Sites". This includes any products, services, or hypertext links to third parties; or for any breech of security associated with the transmission of sensitive information through "The Sites" or any linked site. Further, ERC and it's Customers/Members and it's subsidiaries disclaim any express or implied warranties, including, without limitation, non-infringement, and or merchantability for any particular purpose. ERC does not warrant that: the functions contained in "The Sites" or any materials or content contained therein will be uninterrupted or error free; that the defects will be corrected; or that "The Sites" or the servers that makes it available is free of viruses or other harmful components. ERC and it's Customers/Members and it's subsidiaries shall not be liable for the use of "The Sites", including, without limitation, the content and any errors contained therein. Further, in no event will ERC be liable for any loss of profits, business, use of data, or for indirect, special, incidental or consequential damages of any kind whether based in contract, negligence or other tort.

To the fullest extent permitted by applicable laws, we on behalf of our employees, agents, suppliers, and contractors, disclaim and exclude liability for any losses and expenses of whatever nature and howsoever arising, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of "The Sites" or any web site which it is linked.
You assume total and full responsibility for establishing such procedures for data back up and virus checking, as you consider necessary.

You hereby agree to indemnify, defend and hold ERC, and all its officers, directors, owners, agents, employees, information providers, Customers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. ERC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of ERC.

Where we provide hypertext links from or to third party sites, we do so for convenience, and for information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the Website, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.

These Terms of Use contain the entire understanding and agreement between you and ERC with respect of "The Sites". No representation, statement, inducement oral or written, not contained herein shall co-bind either of us. ERC reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Notification of changes in these Terms of Use will be posted on "The Sites".

Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

"The Sites", any information provided from it, and the Terms of Use, are given and made in the state of Florida, United States of America.

THE TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN PINELLAS COUNTY IN THE STATE OF FLORIDA.

Email and SPAM Policy:
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user may not include and of "The Sites" URL in any part of an email unless the recipient has given his/her permission to receive such information. Sending unsolicited emails is considered SPAM and must be prevented. ERC realizes that users are promoting "The Sites" through the use of email. ERC will make every attempt to be tolerant in the event of SPAM complaints. Repeated offenses will result in termination of your account.

Violations of system or network security are prohibited, and may result in criminal and civil liability. ERC will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan, or test the vulnerability of a system, or network, or to breach security, or authentication measures without express authorization of ERC.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of ERC.
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging otherwise known as 'spoofing' of any TCP-IP packet header or any part of the header information in an email.

Failure to comply with any of these terms of the Email and SPAM policy is grounds for immediate termination. Any criminal act against ERC, or any systems owned by ERC, or any customer/Customer/Member of ERC will be pursued to the fullest extend that the Laws of the State of Florida provides.

SPAMMING is strictly prohibited and is a VIOLATION of ERC's Terms of Use!


All Customers and Members utilizing any of "The Sites" agree to not utilize SPAM in promoting any of ERC web sites. This action may result in the immediate suspension or termination of their web site and account with a cancellation of any pending commissions. Additionally a Customer or member will also be in violation of the ERC Customer Agreement and subject to legal action and be held liable for any financial loss incurred by ERC. Any service interruptions to ERC as a result of Customers SPAMMING will be billed to the offending Customer at $200 U.S. dollars per hour until service is restored. In addition, violators may be fined at $50 U.S. dollars per incident.

SPAM is defined as emailing ANYONE, in bulk or by single mailing, in an attempt to drive traffic to one of the "The Sites" where the recipients of the emails have not specifically requested the information directly from the sender. Sending unsolicited Email messages that include any ERC website URL contained within any part of the Email message to someone who has not previously given you their permission to do so is considered SPAM. SPAM includes but is not limited to:
- Usenet and Message Board SPAMMING: These are messages that are sent or posted and are misleading to potential referrals and are unrelated to the topic of discussion.
- Chat Room Solicitations. Solicitations posted in chat rooms or by use of instant messaging systems.
- Non-Computer Related SPAMMING Activities. For the purpose of acquiring referrals, the distribution of printed materials on private property or where otherwise prohibited is against our anti-spam policy.

The ONLY exceptions to this are:
1. Mailing to leads purchased through an approved ERC Leads program using your ERC approved account only.
2. Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on the Customer's behalf AND you do not advertise an ERC-provided Gateway URL including any of "The Sites". ADDITIONALLY, the URL that you use may not be an automatic redirect to any ERC-provided Gateway URL. Use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate SPAM complaints against an ERC Customer, resulting in suspension or termination.
3. When you are using your personal email account to send information about ERC, you must have previous consent to send that person email, or have received permission to send that person information on ERC.

Privacy Policy
ERC holds the privacy and security of our web site visitors, Customers, and members in the highest regard. The following information explains what kind of information is gathered on our site, and how that information is used, and how your information is held in complete privacy.

What's collected and what's not?
You can visit our sites without telling us who you are or reveal any personal information. While your IP address (the Internet address of your computer) is logged to track your session, you the user remain anonymous. Tracking IP addresses gives us an idea of which parts of our site users are visiting. We do not link IP addresses to anything personally identifiable to you. This means that your visit is anonymous, unless you voluntarily leave any of your personal information.

We capture the email addresses of only those who have purchased products from us, or sign Customer/Member agreements, and those who specifically ask for more information or are otherwise known as 'opt-in.'

Upon joining ERC as a Preferred Customer you will be given several personal ERC Web Sites as well as asked to provide your email address. The email address you provide will be used to send you confirmation of orders, training messages, weekly updates, notifications of your business activity, and other important corporate business news relating to your ERC Rewards Program.
We NEVER sell, rent, or loan our email lists or your email address or any other personal information to outside firms.

How do I remove my name from mailing lists to which I previously subscribed?
As long as you have an active ERC web site, you have given ERC permission to continue to send you email that we determine is appropriate for being a Preferred Customer of ERC.

You can cancel your Preferred Customer account at anytime by contacting ERC. Our email address for Customer Service is: s
upport@ExtremeRewardsUSA.com.

You can also fax a signed request of web site and account resignation to 312-821-1366.

Is supplied credit card information retained?
As long as you are a monthly customer purchasing ERC products and services, your payment information is maintained in the Secure ERC database. In the event that you no longer purchase ERC products, you can request to have your payment information removed from the ERC database by sending a signed fax to 312-821-1366.

What about phone and fax numbers?
We request a phone and/or fax number on our customers and Customers/members in case we need to contact you about your order or your account. However, this information is entered into our ERC secured database only. We NEVER sell, rent, or loan our list of customer phone numbers. Nor do we ever share any other information about customers.

What levels of security does ERC have?
Secure servers are used where sensitive information is being transferred. Those ordering products and services from our site that have a security concern about sending credit card information over the Internet may by order via fax at 312-821-1366.

Please bring to our attention any instance where you feel these policies have been violated. Any further questions, concerns or comments can be emailed to support@ExtremeRewardsUSA.com.

Dr. Mike DeBord
Marketing Director & CoFounder
Extreme Rewards USA