The following is a legal agreement between ElectionMall, Inc. dba
eYardsigns.com. a Delware corporation with offices at 30 South Wacker Drive
Ste 2200, Chicago, Illinois 60606 ("EMT," "we," "us,"
or "our") and "you," the user of this Site.
By accessing, browsing and/or using this Web site ("Site"), you acknowledge
that you have read, understand, and agree to be bound to these terms of service
("Terms") and to comply with all applicable laws and regulations.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT
OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do
not agree to these Terms, please do not use this Site.
Your Use of the Site
EMT hereby grants you a limited license to use the materials, features, and
services provided by EMT on this Site (collectively the "Materials")
solely for your personal, non-commercial use, subject to these Terms. The design
and layout of the Site are specifically excluded from the Materials. No other
use of the Site or Materials is authorized. You agree that any copy of the Materials
(or any portion of the Materials) that you make shall retain all copyright and
other proprietary notices contained herein or therein. Framing of the Site or
Site Materials or posting of Materials on other Web Sites is strictly prohibited.
The products, technology, and/or processes described and/or used on this Site
may be the subject of intellectual property rights reserved by EMT or other
third parties. Except for the limited license granted above, nothing contained
herein shall be construed as conferring to you in any manner, whether by implication,
estoppel or otherwise, any license, title, or ownership of or to any intellectual
property right of EMT or any third party.
All of the Material available on the Site is copyright © 1998-2004, EMT
or used under license. EMT currently utilizes copyrighted materials from individuals
and entities. The copyright information for each licensor is indicated on the
applicable portion of the Site, and/or on the electronic messages incorporating
Election Mall Technologies, Inc. eYardSigns.com, the eyardsigns logo,
and the Election Mall Technologies, Inc. logo are trade marks or registered
service marks of ElectionMall Technologies, Inc. dba ElectionShopping.com, in
the United States and other countries. All rights reserved. Use of the Election
Mall Technologies, Inc. trademarks as meta-tags for search engines is strictly
Acceptable Use Policy
EMT has adopted the following Acceptable Use Policy in order to assure that
its electronic messages are used in a lawful and appropriate manner. While EMT
does not ordinarily monitor the content of users' messages, it reserves the
right to investigate reports of misuse of its service and to protect its property
and assets. The following conduct is prohibited on the service:
sending harassing, abusive, or threatening messages;
sending obscene or pornographic messages or images;
sending defamatory or libelous messages;
sending viruses or other harmful, disruptive, or destructive files;
attempting to steal passwords or credit card information;
sending messages in furtherance of unlawful, criminal, or fraudulent activity;
attempting to conceal or misrepresent the identity of the sender.
Violations of the EMT's Acceptable Use Policy will not be tolerated and may
result in termination of service. EMT may disable the sender's account without
compensation or refund. EMT RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE
TO THIRD PARTIES, INCLUDING MESSAGE RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT
AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT
LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS,
TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION
DEEMED NECESSARY BY EMT TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY
AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT
PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
You may not use this Site to send online messages cards to mailing lists to
which you do not have full rights or to send unsolicited bulk or commercial
messages. In addition, the use of automated scripting-type programs that automate
the process of sending or viewing any of the Materials is strictly prohibited.
EMT reserves the right to limit, in its sole discretion and without prior notice
to you, the number of cards or messages that you may send using the Site and/or
the number of recipients to which you send such cards or messages.
You are solely responsible for your actions and communications undertaken or
transmitted using this Site. Neither we nor our affiliates exercise editorial
control over your transmissions; however, we do reserve the right to review
your uploads and transmissions in order to ensure compliance with these Terms.
Links and Advertisements
EMT may feature on its Site, in its newsletters, or in its e-mail communications
to you links to third-party web sites. These may appear in the form of text
links, advertisements, banners, buttons, integrated gift services, digital cash,
digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH
THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN
ANY WAY WITH EMT. EMT MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP,
VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY
OR FINANCIAL VIABILITY OF ANY ADVERTISER. EMT WILL NOT REIMBURSE OR INDEMNIFY
YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY EMT ADVERTISER.
USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH
There may be circumstances where access to this Site is provided by a link
located at another Web site. Neither EMT nor its affiliates makes any representations
or give any warranties with respect to any information contained in or at these
other sites and neither EMT nor its affiliates shall be liable for any damages
or injury arising from the content of these other sites. Neither EMT nor its
affiliates endorses the individuals, companies, or other similar entities, or
any products or materials associated with such individuals, companies, or other
similar entities, that provide a link to this Site.
Creating Your Own Messages and Photos and/or Images
EMT may allow you to create your own messages by uploading your own photos,
artwork and other materials. If we do and you do so, you are subject to the
conditions outlined in these Terms. When you upload photos and/or images to
the Site you are indicating that you own the photo and/or image and/or have
full rights to its use.
When you upload material to the Site and use it to create a message, your material
will be used for the transmission of your digital message; however, we may also
use such material in the course of performing testing, training and/or archiving
of our and our affiliates' systems and hereby expressly reserve the right to
From time to time, EMT may sponsor contests and sweepstakes on its Web Sites.
Participation in such contests is entirely voluntary. EMT does not condition
access to any goods or services it offers on participation in any contest. If
you elect to enter any such contest, your participation shall be governed exclusively
by the contest rules available through the entry forms or in these Terms of
Service. You agree to strictly abide by any and all contest rules. Any personally
identifiable information you provide in conjunction with any contest shall become
the property of EMT and you hereby consent to receive special promotions and
offers from EMT and its advertisers. In the event that you are awarded any prizes
or other consideration, you give EMT permission to use your name, likeness,
portrait, recorded voice, and biographical information to advertise, publicize,
or promote EMT, its products and services, and no additional consideration shall
be paid for such rights.
Warranty Restriction; Limitation Of Liability.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT
NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING
COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. EMT IS NOT RESPONSIBLE
FOR ANY FAILURE OF ELECTRONIC MESSAGES SENT THROUGH THE SERVICE TO REACH THEIR
INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE
SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER EMT NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY
AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING
IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE,
OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF EMT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO
ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH
OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION,
AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH
HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE
THAT EMT AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID
PURSUANT THIS AGREEMENT.
NEITHER EMT NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY
FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY,
OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY,
PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU
MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS EMT AND ITS AFFILIATES
AND PARTIES WITH WHOM EMT HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING
THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE
BY YOU ON THE SITE.
Neither EMT nor its affiliates make any representation that Materials on this
Site are appropriate or available for use in locations outside the United States,
and accessing them from territories where their contents are illegal is prohibited.
Those who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with local laws.
You hereby indemnify, defend and hold harmless EMT and its affiliates, and all
officers, directors, owners, agents, content providers, licensors and licensees
(collectively, the "Indemnified Parties") from and against any and
all liability and costs, including, without limitation, reasonable attorneys'
fees, incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you or any user of your account of this Agreement. You
shall cooperate as fully as reasonably required in defense of any such claim.
EMT reserves the right, at its own expense, to assume the exclusive defense
and control of any matter subject to indemnification by you.
Enforcement by Election Mall Technologies, Inc.
In the event EMT determines, in its sole discretion, that you have violated
these Terms, EMT shall have the right to immediately terminate your account
(with or without refund), refuse membership, or block the sending or receipt
of messages from our Site, and/or pursue any other remedies available to it
under applicable law.
This Agreement, and the respective rights and obligations of the parties hereto,
shall be governed by and construed in accordance with the laws of the State
of Illinois. Any dispute arising between you and EMT will be submitted to binding
arbitration in Chicago, Illinois in accordance with the American Arbitration
Association's standard rules then in effect for arbitration of commercial disputes.
Updates to Terms
EMT shall have the right to revise these Terms at any time by updating this
posting. By using this Site, you agree to be bound by any such revisions and
should therefore periodically visit this Site to determine the then-current
Terms to which you are bound.
Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to EMT's Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE
PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE,
REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH
Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification Of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should be Sent:
30 South Wacker Drive
Chicago, Illinois 60606
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Email Address of Designated Agent:
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A),
the Notification must include the following: · An electronic or physical
signature of the owner or of the person authorized to act on behalf of the owner
of the copyright interest;. · A description of the copyrighted work that
you claim has been infringed, and a description of the infringing activity including
of where the material which you claim is infringing is located on the EMT Site
sufficient to allow us to locate the material; · Identification of the
location where the original or an authorized copy of the copyrighted work exists,
for example the URL of the website where it is posted or the name of the book
in which it has been published, your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and ·
A statement by you made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.