The following sets forth the ERC Systems, LLC (“Company”) online Privacy Policy and Terms of Use for this web site (“Site”). The Privacy Policy and Terms of Use do not govern privacy practices associated with offline activities. This Privacy Policy and Terms of Use is effective as of July 1, 2006.

PRIVACY POLICY

Information Collection and Use

The Company takes seriously the issue of safeguarding your privacy and confidentiality as a member or visitor. The Company restricts access to personal information of members and visitors to employees and volunteers of the Company who need access to the information. The Company does not release confidential or personally identifiable information about our members or visitors to third parties without their permission, except as otherwise required by law.

The Company reviews its privacy policy from time to time, and all privacy policies are subject to change. The effective date of this Privacy Policy will indicate the last date on which changes were made. The Company recommends that you periodically review this page to ensure continuing familiarity with the most current version of our Privacy Policy. In the event there is a change in the Company’s privacy policy, the company will post a notification of the change along with the date the change was made on the home page of the Site with the hypertext link to the revised privacy policy.

The Company collects information from you when you sign up for the Company’s mailing list or join the Company as a member. In either case, the Company will collect from you the following information: your name, email addresses, telephone number, employer’s name and your position.

The information you provide us is used to keep you informed about Company meetings and other events as they become available. If you don’t want the information you provide the Company to be used to inform you of Company meetings and events, and you indicate this preference when you provide personal information to the Company, we will honor your request.

The Company does not maintain an online registry or listing of the information you provide. While you have the right to correct your personal information and privacy preferences at any time, the Company does not yet have a method for doing so through the Site. You may change your personal information and privacy preferences by submitting these changes to the Company in writing.


To contact the Company about website privacy issues, to report a violation of our Privacy Policy, or to raise any other issue, please contact us at LWL@ercsystems.com

TERMS OF USE

The use of the Site is governed by the Terms of Use specified herein. By using this Site you acknowledge that you have read the Terms of Use and the disclaimers contained herein and that you accept and will be bound by the terms thereof. If you have objections to the Terms of Use set forth below, you should not use or access this Site. The Terms of Use do not govern policy practices associated with offline activities or other related or linked websites.

Copyright

Copyright in the pages, in the screens displaying the pages and in the information, materials and other content contained in this website is owned by the Company unless otherwise indicated and is protected by U.S. and international copyright laws and treaties. The information, materials and other content of this Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without the express written consent of the Company, such consent shall be in the sole discretion of the Company.

Trademarks

Entertainment Resource Center, the Entertainment Resource Center logo, ERC and other logos, trade names or trademarks are either trademarks or registered trademarks of the Company. Other product and company names and logos mentioned or used on the Site are the trademarks of their respective owners.

Cookies

A cookie is a piece of data stored on the user’s hard drive that contains information about a user for a particular site. The Company uses cookies to track your visit and ultimately improve the Site. Most browsers are initially set to accept cookies. If you do not want to automatically accept cookies, you can set your browser to notify you when you receive cookies and you can then decide whether or not to accept it.

Your Consent

By accessing or using this Site in any way, including without limitation any services, downloading materials or browsing the Site you consent to the Company’s collection and use of your personal information as described in this Privacy Policy and to be bound by the Terms of Use. The Company reserves the right to change this Privacy Policy and/or the Terms of Use from time to time in its sole discretion, and will post those changes and notice of the changes on the Site. Your continued use of the Site after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use and Privacy Policy posted on the Site at the time of such use.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SPONSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH YOUR USE OF THIS SITE OR YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, AND SERVICES ON THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME JURISDICTIONS PROHIBIT EXCLUSIONS OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY.

Warranty

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THIS SITE AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIABIITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FOR THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR OTHER TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES TO THE MATERIALS ON THIS SITE AT ANY ITEM WITHOUT NOTICE. THE COMPANY MAKES NO COMMITMENT TO UPDATE THE SITE IN THE EVENT IT IS OUT OF DATE.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) THE COMPANY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE, (II) THE COMPANY MAKES NO REPREENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES, (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK, AND (IV) THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACITIVITIES. THE COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THOURGH THE SITE. NO SOURCE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law and Jurisdiction

This Site (excluding linked sites) is controlled by the Company from its office in the state of California. By accessing this Site, you and the Company agree that all matters relating to your access to or use of this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and the Company also agree and hereby submit to the exclusive personal jurisdiction and venue in either the Sacramento County Superior Court for the State of California or the United States District Court for the Eastern District of California, as has subject matter jurisdiction over the dispute.

Language

It is the express intent of the parties that the Terms of Use and all related documents have been written in English.

General

The Terms of Use, Privacy Policy, and other rules, guidelines, and disclaimers posted on this Site constitute the entire agreement between the Company and you with respect to your use of this Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, Privacy Policy or portions thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by the Company to enforce or exercise any provision of the Terms of Use, Privacy Policy or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use and Privacy Policy are purely for convenience and carry with them no legal or contractual effect.

Compact Policy Summary

The compact policy which corresponds to this policy is:

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The following table explains the meaning of each field in the compact policy.

The compact policy is sent by the Web server along with the cookies it describes. For more information, see the P3P deployment guide at http://www.w3.org/TR/p3pdeployment.