Terms and Conditions

Effective Date: January 1, 2010

Please review these Terms of Use ("Terms") before using the www.contactkeeper.com website as the Terms affect your legal rights and obligations.

Trend Evolution, LLC, a Delaware limited liability company doing business as Contact Keeper ("Contact Keeper," "we," "our" or "us") owns or controls, and provides access to, the web sites that link to these Terms (collectively, the "Web Sites"). These Terms govern your use of the Web Sites. These Terms only apply to the Web Sites, and not to any other web site or any offline activities by Contact Keeper (unless specifically stated). You agree to these Terms by accessing or using the Web Sites, registering for services offered on the Web Sites, or by accepting, uploading, submitting or downloading any information or content from or to the Web Sites. DO NOT USE THE WEB SITES IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS.

In some instances, these Terms and separate end user license agreements or terms of use that set forth additional conditions (collectively, "Additional Terms") may apply to a service or product offered via the Web Sites. To the extent there is a conflict between these Terms and the Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state that these Terms will control. Please also review the Web Sites' Privacy Policy.

1. Conditions of Use.

The Web Sites; their past, present and future versions; all web pages found within the Web Sites; the materials and information on the Web Sites, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Sites, including without limitation, the "look and feel" of the Web Sites (collectively, the "Materials") are provided by Contact Keeper or its parent, subsidiaries, affiliates, or licensors. By using the Web Sites, you represent that: (i) you have the capacity to be bound by these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to Contact Keeper is true, accurate, complete and current; (iii) you hold and will continue to hold all rights necessary to enter into and fully perform your obligations under these Terms and to grant the rights granted under these Terms; and (iv) if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.

2. Dated Materials.

Materials contained in the Sites or in links from the Sites are dated as of the date originally issued or indicated on the Material and may no longer be accurate. Contact Keeper assumes no obligation to update such Materials.

3. Ownership of Materials

Except as otherwise indicated, the Materials are either owned by Contact Keeper or its parent, subsidiaries, affiliates, or licensors. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. Subject to the terms and conditions set forth in these Terms, Contact Keeper grants you a revocable, non-exclusive, non-transferable, limited right to access, use, and display the Web Sites and the Materials thereon. The Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Contact Keeper's prior written permission. Any copy of the Materials or portion thereof must include any copyright notice and other intellectual property designations provided by Contact Keeper or its parent, subsidiaries, affiliates or licensors. You also may not (i) modify the Materials or the Web Sites or use them for any commercial purpose, or any other public display, performance, sale, or rental; (ii) decompile, reverse engineer, or disassemble software Materials; (iii) remove any copyright notice or other proprietary notices from the Materials; or (iv) transfer the Materials to another person.

4. Content you Submit.

By posting a message or sending an e-mail to Contact Keeper or contributing in any way to the Web Sites, including, but not limited to, sending comments, suggestions, questions, or ideas concerning products and services (each, a "Submission"), you expressly grant Contact Keeper the right to use and exploit the Submission in any way, including, without limitation, to copy, republish or sell your Submission (including, without limitation, names, voices, likenesses and other personally identifying information contained in your Submission) in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products and services using such information and for other marketing and promotional purposes, without any compensation to you. All Submissions shall not be considered confidential or proprietary information.

5. Acceptable Use.

Contact Keeper reserves the right to change, update, discontinue, restrict, or prevent access to the Web Sites at any time without notice. You agree that you will not:

  1. Submit, upload, post or otherwise transmit (collectively, "Submit") anything that is or may be: (i) harmful, threatening, abusive, harassing, degrading, hateful, or intimidating; (ii) defamatory, libelous, or disparaging of any person or entity; (iii) misleading, false, fraudulent, or tortious; (iv) obscene, indecent, pornographic, vulgar, profane, or sexually explicit; (v) intended to promote (or have the effect of promoting) violence, racial hatred, terrorism or illegal acts; (vi) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; (vii) in violation of any other rights of any person or entity; (viii) in violation of any law or regulation; or (ix) otherwise objectionable, in Contact Keeper's sole discretion;
  2. Submit any virus, worm, "Trojan Horse," "easter egg," "time bomb," spyware, or any other computer code, file, or program that may or is intended to damage, hijack or otherwise interfere with the operation of the Web Sites, the Materials or any third party's uninterrupted use and enjoyment of the Web Sites or the Materials;
  3. Submit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunities, or any other form of solicitation;
  4. Harvest personally identifiable information about other users of the Web Sites or "stalk" or otherwise harass other persons;
  5. Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity, including, without limitation, Contact Keeper; forge headers or otherwise manipulate identifiers in order to disguise the origin of any submissions to us or through the Web Sites; or expressly state or imply that Contact Keeper endorses any statement you make;
  6. Violate or attempt to violate the security of any portion of the Web Sites, including but not limited to: (i) access Materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempt to interfere with or disrupt the Web Sites or the servers or networks that support the Web Sites, including, without limitation, via means of submitting a virus to the Web Sites or overloading, "flooding," "mailbombing" or "crashing" the Web Sites; or (v) restrict or inhibit any other user from accessing or using the Web Sites, including, without limitation, by means of hacking or defacing any portion of the Web Sites;
  7. Use the Web Sites for unauthorized commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation, or through linking with or artificially generating traffic to any other web site or web page; or
  8. Use the Web Sites in any way that would affect Contact Keeper adversely or reflect negatively on Contact Keeper's goodwill, name or reputation in Contact Keeper's sole discretion.

6. Trademarks.

Contact Keeper products and/or services referenced on the Web Sites are either trademarks, licensed trademarks or registered trademarks of Contact Keeper. Other company names, products and/or services referenced on the Web Sites may be trademarks of their respective owners. Nothing contained on the Web Sites should be construed as granting, by implication or otherwise, any license or right to use any trademarks displayed on the Web Sites. You may not use any Contact Keeper trademark unless you have an express written trademark license from Contact Keeper.

7. Promotions.

The Web Sites may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.

8. Copyrights and Other Intellectual Property and Related Complaints.

You may not use the Web Sites for any purpose or in any manner that infringes the rights of any third party. Contact Keeper encourages you to report any content on the Web Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Web Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Contact Keeper has a designated agent for receiving notices of copyright infringement and Contact Keeper follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Contact Keeper's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (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 copyright work claimed to have 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact 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.

Contact Keeper's copyright agent for notice of claims of copyright infringement on or regarding the Web Sites can be reached as follows:

Name: Legal Department
Mailing address: 5265 Naiman Parkway, Suite K
Solon, Ohio 44139
Phone number: (440) 498-7200
E-mail address: legal@contactkeeper.com

NOTE: This contact information is for inquiries regarding potential copyright infringement only.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Contact Keeper will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.

9. Disclaimer.

BY USING THE WEB SITES, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEB SITES AND THE INTERNET GENERALLY. THE WEB SITES ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CONTACT KEEPER AND ITS PRINCIPALS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE "CONTACT KEEPER PARTIES") MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITES; (B) MESSAGES SENT FROM OR TO THE WEB SITES; (C) MATERIALS, SOFTWARE, INFORMATION OR THIRD PARTY CONTENT PROVIDED ON THE WEB SITES; (D) THE SUBMISSIONS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEB SITES OR ANY LINKED SITE. THE CONTACT KEEPER PARTIES DO NOT WARRANT THAT THE WEB SITES, ANY OF THE WEB SITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTACT KEEPER PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE CONTACT KEEPER PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTY. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITES. FURTHER, CONTACT KEEPER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, AND BUGS OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

10. Limitation of Liability.

IN NO EVENT WILL THE CONTACT KEEPER PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO: (A) THE WEB SITES; (B) MESSAGES SENT FROM OR TO THE WEB SITES; (C) MATERIALS, SOFTWARE, INFORMATION OR THIRD PARTY CONTENT PROVIDED ON THE WEB SITES; (D) THE SUBMISSIONS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES; (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEB SITES OR ANY LINKED SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CONTACT KEEPER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITES; (H) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CONTACT KEEPER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE CONTACT KEEPER PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE CONTACT KEEPER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE CONTACT KEEPER PARTIES.

NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT SHALL THE CONTACT KEEPER PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER IN AN AMOUNT GREATER THAN TEN DOLLARS ($10.00) (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION), EVEN IF THE CONTACT KEEPER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

BY ACCESSING ANY OF THE WEB SITES, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

11. Indemnification.

To the maximum extent permitted by law, you agree to indemnify, defend, and hold the Contact Keeper Parties harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees), resulting from: (i) your use of the Web Sites or the Materials; (ii) any breach or violation of these Terms or any law, rule, or regulation; (iii) the posting, submission, display, transmission, exchange, performance, publication, distribution, sharing, dissemination, promotion, broadcast, and/or circulation of your Submissions; (iv) the theft, disclosure or misappropriation of your password; or (v) your authorization of anyone else to use your password.

Contact Keeper reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Contact Keeper in the defense of any such claim, action, settlement, or compromise negotiations, as requested by Contact Keeper. In no event will you settle any claim or action without Contact Keeper's prior written approval.

12. Third-Party Sites.

References to third parties, their products, and/or services does not imply endorsement by Contact Keeper thereof. The Web Sites may be linked to other sites, which are not maintained by Contact Keeper. Contact Keeper is not responsible for the content of those sites. These links are provided for convenience purposes and are not under the control of the Contact Keeper Parties. Contact Keeper does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation, with respect to any third party, any third party's site, the content of any third party's site, or any products or services provided by a third party, by Contact Keeper of the sites. Contact Keeper disclaims any liability for links: (i) from another site to the Web Sites; and (ii) to another site from the Web Sites. In order to link to the Web Sites, all users must comply with Linking Terms provided in Section 13 below. Once you link to another site, you are subject to the policies and practices of the new site.

13. Linking Terms.

By linking to the Web Sites, all "Linkers" accept and acknowledge the following terms of linking: Linker agrees that it will not at any time do or cause to be done any act or thing in any way impairing the image/reputation of Contact Keeper in its sole discretion. Linker shall not in any manner represent that it is endorsed by Contact Keeper or that Linker is acting in a representative capacity of Contact Keeper. Linker shall not utilize the Contact Keeper name nor its relationship with Contact Keeper for purposes of or in any manner which intentionally gives rise to advertising or publicity, unless Contact Keeper shall consent to such use in writing prior to publication.

Regardless of the foregoing, Contact Keeper reserves the right to rescind this consent to link to the Web Sites with or without cause at any time. In such event, Linker shall remove its link to the Web Sites within 24 hours of receipt of notice from Contact Keeper.

14. Revisions to Terms.

Contact Keeper reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Web Sites so that they are accessible via a link on the home page of the Web Site, and that your use of the Web Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Web Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Web Sites from that point forward.

15. Jurisdiction.

The Web Sites are managed by Contact Keeper from its office within Solon, Ohio, United States of America. These Terms shall be governed by and construed in accordance with the laws of the state of Ohio, without giving effect to any principles of conflicts of laws and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Web Sites, the use or access thereof, or these Terms must be in the state or federal courts located in Cuyahoga County, Ohio and you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Cuyahoga County, Ohio for any such legal proceeding and agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. Any cause of action or claim you may have with respect to the Web Sites or these Terms must be commenced within one year after such claim or cause of action arose, or, if multiple causes, from the date the first such cause of action arose.

16. Termination.

Contact Keeper may terminate your use of the Web Sites at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Contact Keeper also reserves the right to use any technological, legal, operational, or other means available to enforce these Terms, including without limitation, blocking specific IP addresses or access to the Web Sites.

17. Consumer Rights Information; California Civil Code Section 1789.3.

There is no charge for general use of this Web Site and the pricing information for products is as set forth on the applicable web page of the Web Sites.

We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to the Web Sites agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry
Trend Evolution, LLC
5865 Naiman Parkway, Suite K
Solon, Ohio 44139
(440) 498-7200

You may contact legal@contactkeeper.com with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

18. Products Purchased Through Web Sites.

The Web Sites may allow you to order products (the "Merchandise") supplied and sold by us. By placing an order, you agree to us all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by the Web Sites or your credit card issuer. We may bill your credit card at the time Merchandise is ordered. We may, in our sole discretion, decline service to or terminate your Web Site account without notice.

We reserve the right, in our sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.

You may have the option to personalize certain Merchandise ordered on the Web Sites (such as including company names or logos). We reserve the right, in our sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which we deem to be illegal, offensive or inappropriate.

19. Miscellaneous

These Terms and any additional terms provided by Contact Keeper constitute the entire understanding and agreement between you and Contact Keeper and supersede any and all prior or inconsistent understandings relating to the Web Sites, the Materials and the Submissions.

Any failure of Contact Keeper to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by Contact Keeper of any provision of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Contact Keeper.

If any provision of these Terms is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The section titles in these Terms are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Contact Keeper by virtue of having drafted them.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

You understand and agree that Contact Keeper will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities.

Privacy Policy

Effective Date: January 1, 2010

Trend Evolution, LLC, a Delaware limited liability company doing business as Contact Keeper ("Contact Keeper," "we," "us" or "our") provides this privacy policy ("Privacy Policy") in order to make you aware of the privacy practices at our web sites that post this Privacy Policy (the "Web Sites"), and of the choices you can make about the way your information is collected and used by Contact Keeper.

What information does Contact Keeper collect?

Through its Web Sites, Contact Keeper may collect "Personally Identifiable Information" which is any information that can be used to specifically identify an individual, such as your name, mailing address, e-mail address, telephone number, social security number or credit card number. Users may provide us with Personally Identifiable Information and certain demographic information (such as gender, zip code, hometown or similar information) through Web Site features, including, surveys, online registration forms, sweepstakes entries and bulletin boards. Additionally, when you visit our Web Sites our servers automatically collect certain information from you, such as the number of pages viewed and accessed, browser type and IP address. We also collect purchasing information from you when you make a purchase on one of the Web Sites. This information may be collected using a variety of technologies on our Web Sites including cookies, electric images, embedded scripts, web beacons and javascript for various business purposes.

How is the information used by Contact Keeper?

The information Contact Keeper collects is used by us to: (a) provide you with content, information or services you have requested; (b) notify you about updates to our Web Sites and in our discretion, changes to this Privacy Policy, our Terms of Use and other policies that affect your use of the Web Sites; (c) contact customers for marketing purposes; (d) confirm or fulfill an order you have made or authorize or complete a transaction you have requested; (e) prepare governmental and internal statistics reports; (f) administer the Web Sites' systems and for other internal business purposes; and (g) comply with and monitor compliance with our Terms of Use and other applicable agreements and policies.

How is information shared with third parties?

We may share non-personally identifiable information and other web site usage information with our business partners and third parties. In addition, we may share Personally Identifiable Information as disclosed at the time you provide your information, as set forth in this Privacy Policy and in the following circumstances:

  1. Third parties providing services. We may employ third parties to perform functions on our behalf, for example, hosting or operating the Web Sites, fulfilling orders for products and services purchased through the Web Sites, sending e-mail and/or other communications, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your Personally Identifiable Information for the purpose of performing such functions on Contact Keeper's behalf.
  2. Third party offers. We will not share, sell or rent a user's Personally Identifiable Information to a third party to enable them to notify the user of offers, products or service, unless you have consents to such action.
  3. Sweepstakes, contests and other promotions. If you choose to enter a sweepstakes, contest or other promotion on the Web Sites, we may disclose your Personally Identifiable Information to third parties in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion.
  4. Web Site analytics. On a regular basis, Contact Keeper may send some or all of the information gathered by our web site analytics collection processes to a company that works on our behalf to provide us with a service that assists us in analyzing this information.
  5. Corporate change. Contact Keeper may share the Personally Identifiable Information collected through the Web Sites with and among its parent, subsidiaries and affiliates. Contact Keeper reserves the right to disclose and transfer Personally Identifiable Information in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our assets, or other corporate change.
  6. Legal actions and law enforcement. We may disclose your Personally Identifiable Information, in the event we are required to respond to subpoenas, court orders, legal process or other valid law enforcement measures; to comply with a legal obligation; at the request of governmental authorities conducting an investigation; to verify or enforce compliance with the policies governing the Web Sites and applicable laws; or to protect the legal rights, interests, or safety of the Web Sites, our users or others.

Security:

Our Web Sites take commercially reasonable steps to secure the information you provide. However, no data transmission over the Internet, or wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Therefore, please know that any information you transmit to or through our Web Sites you do at your own risk.

Links to third party sites:

The Web Sites contains information on a wide variety of products and services. We may also provide links to partner, affiliate, and manufacturer sites for additional information on their products and services. We are not responsible for the privacy practices or content of any third party web sites and do not make any representations regarding how such web sites use customer information.

Consent to transfer

The Web Sites are operated in the United States. By using the Web Sites or providing us with your information, you consent to this transfer and to the processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

Children and Parents

The Web Sites are general audience web sites. We do not knowingly collect any Personally Identifiable Information from children younger than the age of thirteen (13) on the Web Sites and we will delete any Personally Identifiable Information later determined to be from a user younger than thirteen (13).

California Privacy Rights - California Civil Code Section 1789.3.

There is no charge for general use of this Web Site and the pricing information for products is as set forth on the applicable web page of the Web Sites.

We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to the Web Sites agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry
Trend Evolution, LLC
5865 Naiman Parkway, Suite K
Solon, Ohio 44139
(440) 498-7200

You may contact legal@contactkeeper.com with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

How might this Privacy Policy change in the future?

If our information practices change at some time in the future, we will post the revised privacy policy on the Web Sites with an updated "Effective Date" to notify you of these changes. encourage you to periodically review this Privacy Policy to be informed of how Contact Keeper is protecting your information.

How can I access or change my Personally Identifiable Information?

Upon request, we offer you the ability to have inaccuracies corrected in your contact information. Customers can have this information corrected by calling us at the telephone number below, writing to us at the address below or e-mailing us at the e-mail address below.

How do I change my preferences about how my Personally Identifiable Information is shared?

To remove your name from our marketing lists or if you'd prefer not to have your name, mailing address or purchasing information shared with other companies, let us know your preferences by calling us at the telephone number below, writing to us at the address below or e-mailing us at the e-mail address below.

How do I contact Contact Keeper?

Trend Evolution, LLC
5265 Naiman Parkway, Suite K
Solon, Ohio 44139
Attention: Legal Department

We can also be reached at (440) 498-7200 or by email at legal@contactkeeper.com