BRANDflex is a business unit of Oncall Interactive, LLC
 
Welcome
 As part of the Service, Oncall Interactive, LLC 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 BRANDflex™ website incorporated by reference herein, including but not limited to Oncall Interactive, LLC's privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.
 
 
1. Privacy & Security; Disclosure
 
Oncall Interactive, LLC's privacy and security policies may be viewed at http://www.brandflex.com or http://www.brandflex.com/sub_page.aspx?get_page=security." Oncall Interactive, LLC reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Individual Users, when they initially log in, will be asked whether or not they wish to receive marketing and other non-critical Service-related communications from Oncall Interactive, LLC from time to time. They may opt out of receiving such communications at that time or at any subsequent time by changing their preference under User Preferences. Note that because the Service is a hosted, online application, Oncall Interactive, LLC 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. If you become a paying customer of the Service, you agree that Oncall Interactive, LLC can disclose the fact that you are a paying customer and the edition of the Service that you are using.
 
 
2. License Grant & Restrictions
 
Oncall Interactive, LLC hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Oncall Interactive, LLC and its licensors. 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. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your 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 tortious 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.
 
 
3. Account Information and Data
 
Oncall Interactive, LLC 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 BRANDflex, 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 Oncall Interactive, LLC 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), Oncall Interactive, LLC 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. Oncall Interactive, LLC reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Oncall Interactive, LLC shall have no obligation to maintain or forward any Customer Data.
 
 
4. Intellectual Property Ownership
 
Oncall Interactive, LLC alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Oncall Interactive, LLC 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 Oncall Interactive, LLC Technology or the Intellectual Property Rights owned by Oncall Interactive, LLC. The Oncall Interactive, LLC name, the Oncall Interactive, LLC logo, and the product names associated with the Service are trademarks of Oncall Interactive, LLC or third parties, and no right or license is granted to use them.
 
 
5. 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. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Oncall Interactive, LLC and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Oncall Interactive, LLC does not endorse any sites on the Internet that are linked through the Service. Oncall Interactive, LLC provides these links to you only as a matter of convenience, and in no event shall Oncall Interactive, LLC or its licensors be responsible for any content, products, or other materials on or available from such sites. Oncall Interactive, LLC 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.
 
 
6. Charges and Payment of Fees
 
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses requested times the User license fee currently in effect. Payments may be made annually, monthly, or quarterly, consistent with the Initial Term, or as otherwise mutually agreed upon. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide Oncall Interactive, LLC with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized Corporate Administrator may add licenses by adding additional users to the system through the User Management page. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee; and (iii) licenses added in the middle of a billing month will be charged in full for that billing month. Oncall Interactive, LLC reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
 
 
7. Excess Data Storage Fees
 
The maximum disk storage space provided to you at no additional charge is outlined within the Initial Term document. If the amount of disk storage required exceeds these limits, you will be charged according to the terms provided within the Initial Term document. Oncall Interactive, LLC will use reasonable efforts to notify you when the storage reaches approximately 90% of the maximum space allowed; however, any failure by Oncall Interactive, LLC to so notify you shall not affect your responsibility for such additional storage charges. Oncall Interactive, LLC reserves the right to establish or modify its general practices and limits relating to storage of Customer Data.
 
 
8. Billing and Renewal
 
Oncall Interactive, LLC charges and collects in advance for the Service provided to Monthly User Accounts. Oncall Interactive, LLC charges and collects at the conclusion of each month for the Service provided to Per-Per-Ad User Accounts. Oncall Interactive, LLC will automatically renew and bill your credit card or issue an invoice to you based on mutually agreed upon Terms within the Initial Term document. The renewal charge will be equal to the then-current number of total User licenses times the license fee in effect during the prior term, unless Oncall Interactive, LLC has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. Oncall Interactive, LLC’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Oncall Interactive, LLC's income. You agree to provide Oncall Interactive, LLC with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Oncall Interactive, LLC reserves the right to terminate your access to the Service in addition to any other legal remedies. Unless Oncall Interactive, LLC in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the United States will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes ("U.S. Customers"); (ii) entities with headquarters and a majority of users resident in Japan will be billed in Japanese yen and subject to Japanese payment terms and pricing schemes ("Japanese Customers"); and (iii) all other entities will be billed in U.S. dollars, Euros or local currency and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of Oncall Interactive, LLC ("Non-U.S./Japan Customers"). If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
 
 
9. Non-Payment and Suspension
 
In addition to any other rights granted to Oncall Interactive, LLC herein, Oncall Interactive, LLC reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Under the Monthly User model, you will continue to be charged for User licenses during any period of suspension. If you or Oncall Interactive, LLC initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with section 7: Charges and Payment of Fees. You agree that Oncall Interactive, LLC may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Oncall Interactive, LLC reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Oncall Interactive, LLC has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
 
 
10. Termination upon Expiration
 
This Agreement commences on the Effective Date. The Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon, commencing on the date you agree to pay for the Service by completing the online subscription form or otherwise. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at Oncall Interactive, LLC's then current fees. Either party may terminate this Agreement, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event this Agreement is terminated (other than by reason of your breach), Oncall Interactive, LLC 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. You agree and acknowledge that Oncall Interactive, LLC has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.
 
 
11. Termination for Cause
 
Any breach of your payment obligations or unauthorized use of the Oncall Interactive, LLC Technology or Service will be deemed a material breach of this Agreement. Oncall Interactive, LLC, 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. In addition, Oncall Interactive, LLC may terminate a free account at any time in its sole discretion. You agree and acknowledge that Oncall Interactive, LLC has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
 
 
12. Representations & Warranties
 
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Oncall Interactive, LLC 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 Oncall Interactive, LLC 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 and that your billing information is correct.
 
 
13. Mutual Indemnification
 
You shall indemnify and hold Oncall Interactive, LLC, 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) 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 the breach by you or your Users of this Agreement, provided in any such case that Oncall Interactive, LLC (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 Oncall Interactive, LLC of all liability and such settlement does not affect Oncall Interactive, LLC’s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim. Oncall Interactive, LLC shall indemnify and hold you and your 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) arising out of or in connection with: (i) 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; (ii) a claim, which if true, would constitute a violation by Oncall Interactive, LLC of its representations or warranties; or (iii) a claim arising from breach of this Agreement by Oncall Interactive, LLC; provided that you (a) promptly give written notice of the claim to Oncall Interactive, LLC; (b) give Oncall Interactive, LLC sole control of the defense and settlement of the claim (provided that Oncall Interactive, LLC may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to Oncall Interactive, LLC all available information and assistance; and (d) have not compromised or settled such claim. Oncall Interactive, LLC shall have no indemnification obligation, and you shall indemnify Oncall Interactive, LLC 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).
 
 
14. Disclaimer of Warranties
 
ONCALL INTERACTIVE, LLC AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. ONCALL INTERACTIVE, LLC 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 ONCALL INTERACTIVE, LLC AND ITS LICENSORS.
 
 
15. Internet Delays
 
ONCALL INTERACTIVE, LLC’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ONCALL INTERACTIVE, LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
 
 
16. Limitation of Liability
 
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. 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.
 
 
17. 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.
 
 
18. 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. The user of this site ("User") 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. Oncall Interactive, LLC 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.
 
 
19. Notice
 
Oncall Interactive, LLC may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Oncall Interactive, LLC's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Oncall Interactive, LLC'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 Oncall Interactive, LLC (such notice shall be deemed given when received by Oncall Interactive, LLC) at any time by any of the following: letter sent by confirmed facsimile to Oncall Interactive, LLC at the following fax numbers (whichever is appropriate): (312) 226-2059; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Oncall Interactive, LLC at the following address: Oncall Interactive, LLC, inc., 800 West Huron, Suite 2, Chicago, IL 60622 addressed to the attention of: Chief Financial Officer.
 
 
20. Modification to Terms
 
Oncall Interactive, LLC 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.
 
 
21. Assignment; Change in Control
 
This Agreement may not be assigned by you without the prior written approval of Oncall Interactive, LLC but may be assigned without your consent by Oncall Interactive, LLC to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. 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 Oncall Interactive, LLC directly or indirectly owning or controlling 50% or more of you shall entitle Oncall Interactive, LLC to terminate this Agreement for cause immediately upon written notice.
 
 
22. General
 
With respect to U.S. Customers, this Agreement shall be governed by Illinois 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 Chicago, Illinois. With respect to Non-U.S./Japan Customers, this Agreement shall be governed by the laws of Switzerland, 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 courts of Switzerland. Unless otherwise provided by Oncall Interactive, LLC in its discretion. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Oncall Interactive, LLC as a result of this Agreement or use of the Service. The failure of Oncall Interactive, LLC to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Oncall Interactive, LLC in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and Oncall Interactive, LLC and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
 
 
23. Definitions
 
As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means these online terms of use, any Order Forms and any materials available on the Oncall Interactive, LLC website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Oncall Interactive, LLC 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; "Initial Term" means the initial period during which you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process (e.g., if the billing frequency is quarterly, the Initial Term is the first quarter); "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; "License Administrator(s)" means those Users designated by you who are authorized to purchase licenses online and to create User accounts and otherwise administer your use of the Service; "License Term(s)" means the period(s) during which a specified number of Users are licensed to use the Service pursuant to the Order Form(s); "Order Form(s)" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); "User Preferences" means Oncall Interactive, LLC's online application that allows the License Administrator designated by you to, among other things, add additional Users to the Service; identifications and passwords by you (or by Oncall Interactive, LLC at your request). Service means the online applications branded under Oncall Interactive, LLC and other Oncall Interactive, LLC branded or customized versions of the online applications (collectively referred to as the "Service"); Individual User(s) means a single person using the Service in any way; User(s) means a person or group of persons using the Service in any way; Oncall Interactive, LLC's Technology means the Intellectual Property developed to provide the Service; Corporate Administrator means the User authorized by the Company to add, delete and edit User accounts; User Management is a webpage that enables Corporate Administrators to manage Users accounts; Monthly User Account(s) means those Users who pay for the Service on a per User per month basis, pursuant to the Order Form(s); Pay-Per-Ad User Account(s) means those Users who pay for the Service on a per Ad generated basis, pursuant to the Order Form(s);
 
Copyright 2005 BRANDflex, inc. All rights reserved.

Oncall Interactive, LLC Privacy Statement:

 
Collected Information:
 
We require customers who register to use the services offered on our Site (collectively, the "Service") to give us contact information, such as their name, company name, address, phone number, and e-mail address, and financial qualification and billing information, such as billing name and address, credit card number, and the number of users within the organization that will be using the Service. At the time you express interest in attaining additional information, or when you register for the Service, we may also ask for additional personal information, such as title, department name, fax number, or additional company information. Customers can opt out of providing this additional information by not entering it when asked. Customers can update or remove their personal information at any time by logging into the Website and editing their Personal Information within Setup. Customers can view their updated profile to confirm their edits have been made.
 
Oncall Interactive, LLC uses the information that we collect to set up the Service for individuals and their organizations. We may also use the information to contact customers to further discuss customer interest in our company, the Service that we provide, and to send information regarding our company or partners, such as promotions and events. Customers are invited to receive an email newsletter by providing an email address. Customer email addresses and any personal customer information will not be distributed or shared with third parties. Customers can opt out of being contacted by us, or receiving such information from us, at any time by sending an email to Oncall Interactive, LLC. Separately, customers are also asked to provide an email address when registering for the Service, in order to receive a username and password. We may also email information regarding updates to the Service or company, and will send a Customer Newsletter. Again, email will not be distributed or shared and customers can opt out of receiving any communication by emailing Oncall Interactive, LLC at the time it is distributed, or at the time any customer registers for the Service.
 
Customers of the Service will be using the Site to host data and information ("Data"). Oncall Interactive, LLC will not review, share, distribute, print, or reference any such Data except as provided in the Oncall Interactive, LLC Master Subscription Agreement, or as may be required by law. Individual records may at times be viewed or accessed only for the purpose of resolving a problem, support issue, or suspected violation of the Master Subscription Agreement, or as may be required by law. Of course, customers are responsible for maintaining the confidentiality and security of their user registration and password.
 
Oncall Interactive, LLC may also collect certain information from visitors to and customers of the Site, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our Site in order to constantly improve the quality of the Service. We may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
 
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. Oncall Interactive, LLC will automatically send the friend a one-time email inviting them to visit the site. Oncall Interactive, LLC does not store this information.
 
 
Cookies:
 
When you interact with the Oncall Interactive, LLC Website we strive to make that experience easy and meaningful. When you come to our Web site, our Web server sends a cookie to your computer. Cookies are files that Web browsers place on a computer's hard drive and are used to tell us whether customers and visitors have visited the Site previously.
 
Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to Oncall Interactive, LLC, either by responding to a promotional offer, opening an account, or registering for a 30-day trial, you remain anonymous to Oncall Interactive, LLC. Cookies come in two flavors: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you've closed your browser or turned off your computer. They include such information as a unique identifier for your browser.
 
Oncall Interactive, LLC uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows Oncall Interactive, LLC to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you've logged in and are required in order to use the Oncall Interactive, LLC application. Oncall Interactive, LLC uses persistent cookies, that only Oncall Interactive, LLC can read and use, to identify the fact that you are a Oncall Interactive, LLC customer or prior Oncall Interactive, LLC. Website visitor (whatever the case may be). We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. Users who disable their Web browsers' ability to accept cookies will be able to browse our Website but will not be able to successfully use our Service.
 
Third Party Cookies: We may from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to our website to help us administer our website and improve its quality. Such third parties may use cookies to help track visitor behavior. Such cookies will not be used to associate individual website visitors to any personally identifiable information. All data collected by such third parties on behalf of Oncall Interactive, LLC is used only to provide us with information on site usage and is not shared with any other third parties.
 
 
Third-Party Sites:
 
The Site contains links to other web sites. Oncall Interactive, LLC is not responsible for the privacy practices or the content of these other web sites. Customers and visitors will need to check the policy statement of these others web sites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential.
 
 
Security:
 
Our Site has security measures in place to help protect against the loss, misuse, and alteration of the Data under our control. When our Site is accessed using Netscape Navigator, or Microsoft Internet Explorer versions 5.5 or higher, Secure Socket Layer (SSL) technology protects information using both server authentication and data encryption to help ensure that Data is safe, secure, and available only to you. Oncall Interactive, LLC also implements an advanced security method based on dynamic data and encoded session identifications, and hosts the Site in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, Oncall Interactive, LLC provides unique user names and passwords that must be entered each time a customer logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of Data.
 
 
Opt-Out Policy:
 
Oncall Interactive, LLC offers its visitors and customers a means to choose how we may use information provided. If, at any time after registering for information or ordering the Service, you change your mind about receiving information from us or about sharing your information with third parties, send us a request specifying your new choice. Simply send your request to Oncall Interactive, LLC.
 
 
Correcting & Updating Your Information:
 
If customers need to update or change registration information they may do so by editing the user or organization record. To update a User Profile, log on to Oncall Interactive, LLC and select Preferences to add or update information. To update billing information please email Oncall Interactive, LLC or call 312-226-1259. To discontinue the Service and to have data returned, email Oncall Interactive, LLC or call 312-226-1259. Oncall Interactive, LLC will respond to your correction or update request within at most 30 days from the date of your request.
 
 
Additional Information:
 
Questions regarding this Statement or the practices of this Site should be directed to Oncall Interactive, LLC's Administrator by e-mailing such questions to Oncall Interactive, LLC or by regular mail addressed to Oncall Interactive, LLC, inc., Attn: Administrator, 216 South Jefferson, Suite 301, Chicago, IL 60661.