EZasset Terms of Use

BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF STRONGTECH.COM'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT IS BEING ENTERED INTO WITH STRONGTECH, LLC. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.

Welcome

As part of the Service, StrongTech.com will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the StrongTech.com or ezasset.com websites incorporated by reference herein, including but not limited to StrongTech.com's privacy and security policies. For reference, a Definitions section is included at the end of this Agreement. The service is offered in two editions: Enterprise Edition and Individual Edition. Please see our website for feature differences between the various editions.

Privacy & Security; Disclosure

StrongTech.com's privacy and security policies may be viewed at http://www.StrongTech.com/policy. StrongTech.com reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, StrongTech.com occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service.

License Grant & Restrictions

StrongTech.com hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own personal or internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by StrongTech.com and its licensors.

You may not access the Service if you are a direct competitor of StrongTech.com, except with StrongTech.com's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

You may use the Service only for your own personal or internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

Your Responsibilities

You are responsible for all activity occurring under your accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify StrongTech.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to StrongTech.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your users; and (iii) not impersonate another StrongTech.com user or provide false identity information to gain access to or use the Service.

Account Information and Data

StrongTech.com does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not StrongTech.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and StrongTech.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), StrongTech.com will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. StrongTech.com reserves the right to withhold, remove and/or discard Customer Data without notice for any breach. Upon termination for cause, your right to access or use Customer Data immediately ceases, and StrongTech.com shall have no obligation to maintain or forward any Customer Data.

Intellectual Property Ownership

StrongTech.com alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the StrongTech.com technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the StrongTech.com technology or the Intellectual Property Rights owned by StrongTech.com. The StrongTech.com name, the StrongTech.com logo, and the product names associated with the Service are trademarks of StrongTech.com or third parties, and no right or license is granted to use them.

Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service (together, the ìAdvertisementsî). Any such activity, and any terms, conditions, warranties or representations associated with the Advertisements, is solely between you and the applicable third-party. StrongTech.com and its licensors shall have no liability, obligation or responsibility for any of the Advertisements or for any activity, and any terms, conditions, warranties or representations associated with the Advertisements between you and any such third-party. StrongTech.com does not endorse any sites, including, without limitation the Advertisements, on the Internet that are linked through the Service. StrongTech.com provides these links to you only as a matter of convenience, and in no event shall StrongTech.com or its licensors be responsible for any content, products, or other materials on or available from the Advertisements or such sites. StrongTech.com provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

Termination Upon Expiration

This Agreement commences on the Effective Date. The term is indefinite and may be terminated at any time in either partyís discretion upon 30 days notice. In the event this Agreement is terminated (other than by reason of your breach), StrongTech.com will make available to you a file of the asset Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that StrongTech.com has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.

Termination for Cause

Any unauthorized use of the StrongTech.com Service will be deemed a material breach of this Agreement. StrongTech.com, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that StrongTech.com has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement and such breach has not been cured within 30 days of notice of such breach.

Representations and Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. StrongTech.com represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online StrongTech.com help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service.

Mutual Indemnification

You shall indemnify and hold StrongTech.com, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) (ìLossesî) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from your use of the Services or otherwise arising under this Agreement, provided in any such case that StrongTech.com (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release StrongTech.com of all liability and such settlement does not affect StrongTech.com's business or Service and does not include a statement as to, or an admission of fault, culpability or failure to act by or on behalf of StrongTech); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

StrongTech.com shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all Losses arising out of or in connection with a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; provided that you (a) promptly give written notice of the claim to StrongTech.com; (b) give StrongTech.com sole control of the defense and settlement of the claim (provided that StrongTech.com may not settle or defend any claim unless it unconditionally releases you of all liability and does not include a statement as to, or an admission of fault, culpability or failure to act by or on behalf of, you); (c) provide to StrongTech.com all available information and assistance; and (d) have not compromised or settled such claim. StrongTech.com shall have no indemnification obligation, and you shall indemnify StrongTech.com pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).

Disclaimer of Warranties

STRONGTECH.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, ANY CONTENT OR THE ADVERTISEMENTS. STRONGTECH.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY STRONGTECH.COM AND ITS LICENSORS.

Internet Delays

STRONGTECH.COM'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. STRONGTECH.COM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Limitation of Liability

EXCEPT AS SET FORTH BELOW, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED $1,000. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NO LIMITATIONS OR EXCLUSIONS OF LIABILITY SHALL APPLY WITH RESPECT TO ANY CLAIMS BASED ON EITHER PARTYíS INDEMNITIES, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Additional Rights

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

Local Laws and Export Control

This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. You acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. StrongTech.com and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.

Notice

StrongTech.com may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in StrongTech.com's account information, or by written communication sent by first class mail or pre-paid post to your address on record in StrongTech.com's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to StrongTech.com (such notice shall be deemed given when received by StrongTech.com) at any time by any of the following: letter sent by confirmed facsimile to StrongTech.com at the following fax numbers (whichever is appropriate): 614-326-0854, letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to StrongTech.com at the following addresses (whichever is appropriate): StrongTech.com, LLC., 1210 Old Henderson Rd., Columbus Ohio 43220, in either case, addressed to the attention of: Chief Financial Officer.

Modification of Terms

StrongTech reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

Assignment; Change in Control

This Agreement may not be assigned by you without the prior written approval of StrongTech.com but may be assigned without your consent by StrongTech.com to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of StrongTech.com directly or indirectly owning or controlling 50% or more of you shall entitle StrongTech.com to terminate this Agreement for cause immediately upon written notice.

General

With respect to Customers located in North, Central of South America (including the Caribbean), this Agreement shall be governed by Ohio law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio.

Definitions

As used in this Agreement:

"Agreement" means these online terms of use whether written or submitted online via the Online Order Center, and any materials available on the StrongTech.com website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by StrongTech.com from time to time in its sole discretion;

"Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service;

"Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service;

"Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service;

"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;

"Online Order Center" means StrongTech.com's online application that allows you to, among other things, add additional assets to the Service;

"StrongTech.com" means collectively StrongTech LLC and EZasset.com; and

Questions or Additional Information

If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to  HYPERLINK "mailto:info@EZasset.com"
info@StrongTech.com

PRIVACY POLICY

EZasset is a licensee of the TRUSTe Web Privacy Seal Program. TRUSTe is an independent, non-profit organization whose mission is to build userís trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the Web site www.StrongTech.com. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first contact Michael Patterson at mwp@StrongTech.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at  HYPERLINK "http://www.truste.org/consumers/watchdog_complaint.php" http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns.

This Privacy Statement only covers the content and site interactions for EZasset.com. All other sites and transactions are not covered under this statement. Please see, the ìLinks to Other Sitesî section below for further information.

Commitment

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, it is available in the footer of each page throughout our site.

Collected Information

This statement applies to the information that is collected or submitted at EZasset.com. Various pages request information for registering to receive materials and signup for an account to use EZasset.

Upon Account Creation You Are Requested to Provide:

• First Name
• Last Name
• Email Address
• Street Address
• City
• State
• Zip Code
• Country / Region

Service Providers

EZasset is a Software as a Service organization. Therefore, nothing is ever shipped to you. As a user, you will be using our software online, through your web browser. EZasset does use Google AdSense and Google Web Analytics to better serve our customers. EZasset is hosted in Amazon's Elastic Cloud (EC2).

Use of Information Submitted

Some data submitted is used by Ezasset web reporting. The information gathered is used strictly for providing a better overall experience for our customers. This data is related to screen resolution, browser type, and other general information to design our application in a way that best suits all users. As an EZasset user, you will never have to worry about others gaining access to the asset information hosted with our site. You will be automatically logged out after an extended period of time.

Further, each time you return to EZasset, you will need to login. EZasset does not issue cookies or cache your data in anyway. At no time is this information colleted from tracking technologies specific to individual users.

In certain areas, you may register with our site if you would like to receive additional information as well as updates on our new products and services. This information will not be used for this purpose unless you fill out the registration form.

We use asset information to better design our website and place related ads. For example, we may place a small Apple iPod advertisement next to an Apple Mac Pro laptop that is being managed at the site. However, we would not disclose anything that could be used to identify individuals. We relate your assets managed at the site to advertisements and place advertisements in the spacebars.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Links to Other Sites

This Web site contains links to other sites that are not owned or controlled by EZasset. Please be aware that we, EZasset, are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.

Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Public Forums

One of the components of EZasset is the ability to integrate your Gmail account with Google Talk to allow for collaboration between employees at your workplace. You should be aware that any information personally identifiable information transmitted with Google Talk can potentially be read, collected, and used by other users of this service and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit during Google account creation or during the use of the aforementioned services.

Access or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by calling us or sending us an email. We use this procedure to better safeguard your information. If you have an EZasset.com account and wish to modify this information, you can change the items in ìMy Accountî under ìAdministrationî. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Judicial or Other Government Subpoenas, Warrants and Orders

EZasset reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.

Opt-Out Policy

EZasset provides site users with a means for specifying how EZasset.com Administration uses the information that is submitted. In addition, any information that is sent to you, where you have previously stated a request to receive information on updates and new products, an option to Opt-Out will also be present. If you experience any difficulties in any case regarding this matter, please contact us at support@StrongTech.com.

Changes to This Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, via email and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Additional Information

EZasset.com provides site users with a means for specifying how StrongTech uses the information that is submitted. In addition, any information that is sent to you, where you have previously stated a request to receive information on updates and new products, an option to Opt-Out will also be present. If you experience any difficulties in any case regarding this matter, please contact us at info@StrongTech.com.

EZasset.com

1210 Old Henderson Road
Columbus, OH 43235
(T) 614.326.0843
(F) 614.326.0854