TERMS OF USE OF EastBayFamily.com Web Site

1. BINDING EFFECT:

This is a binding agreement. By using the Internet site located at www.EastBayFamily.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Tamarin Group LLC (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY:

Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

When and/or if you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Additionally, Company reserves the right to monitor our Site and to disclose any information recorded or posted on, submitted to, or transmitted through the Site to the extent that we, in our sole discretion, deem such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate the Site, or to protect our rights or property or the rights or property of any third party.

3. USE OF SOFTWARE:

Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

4. USER CONDUCT ON SITE

Any conduct by you on our Site that Company believes, at its sole discretion, restricts or inhibits any other user from using or enjoying Site will not be permitted. You agree to use the Site only for lawful purposes.

You agree not transmit any message that Company in its sole discretion deems to be libelous, defamatory or obscene, or violates any other person’s copyrights, privacy rights, trademarks, trade secrets or rights in any confidential information. The user hereby indemnifies Company for any and all damages suffered by third parties as a result of user’s violation of this rule.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface provided by us for use in accessing the Site.

You agree that the use, distribution, or publication of any materials posted by third parties does not constitute or imply an endorsement of such materials or of any opinions or comments expressed in such materials.

5. USER CONTENT:

You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content by any means now known and/or developed in the future. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Notwithstanding anything contained in this subparagraph, Company shall delete all identifying information relating to users in any subsequent use(s) of such User Content.

6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS:

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

7. USE OF MATERIALS

If available, users may download, print or transmit information from the Site subject to the following conditions:

a. the appropriate copyright and/or trademark notice must be affixed to each copy downloaded, transmitted or printed;

b. use of materials available from the Site must be for personal or informational purposes only and in no instance may be used for commercial purposes;

c. materials available from this Site may not be modified in any manner;

d. no materials available from this Site (including links from pages on other web sites) can be used, copied or distributed separate from the accompanying text.

8. INAPPROPRIATE CONTENT:

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

9. COPYRIGHT INFRINGEMENT:

Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

My Corporation Business Services, Inc.
26520 Agoura Road
Calabasas, CA 91302
Tel: 888-692-6771
Fax: 1-818-879-8005
Email: info@eastbayfamily.com

10. ALLEGED VIOLATIONS:

Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

11. NO WARRANTIES:

COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. LIMITED LIABILITY:

COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, LOSS OF LIFE, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY OR ANY THIRD PARTY SERVICE AND/OR PRODUCT PROVIDER AND/OR PARTICIPATION IN ANY THIRD PARTY EVENT AND/OR ACTIVITY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. USE OF THIS SITE AND/OR PARTICIPATION IN ANY EVENT, ACTIVITY ASSOCIATED WITH THIS SITE SHALL BE SOLELY AT THE PARTICIPANT’S OWN RISK.

13. AFFILIATED AND/OR THIRD PARTY SITES:

Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

14. WAIVER OF RESPONSIBILITY FOR DEFECTIVE OR CONTAMINATED MATERIALS:

EastBayFamily.com disclaims responsibility for any errors or omissions, including technical inaccuracies or typographical errors. Furthermore, EastBayFamily.com cannot and does not guarantee or warrant that files made available for downloading will be free of “viruses”, “infections” or similar software contaminations which may render the software useless or cause damage or destruction to user’s hardware, software or system(s). Users are responsible for implementing sufficient procedures and protections against possible damage. Use of EastBayFamily.com’s web site and the Internet in general is at the user’s own risk.

15. PROHIBITED USES:

Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

16. INDEMNITY:

You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. DISCLAIMER NOTICE

This Site and the information it contains are provided as a public service by EastBayFamily.com. This system is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution.

18. COPYRIGHT & TRADEMARK:

All contents of Site or Service are: Copyright © 2006 Tamarin Group LLC, a California Limited Liability Company. All rights reserved. Except as other wise specifically identified, logos, page headers, custom graphics and icons used on this Site are intended at Trademarks and/or Service Marks of Tamarin Group LLC

19. GOVERNING LAW:

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in cities or counties of Contra Costa and/or San Francisco, California, USA in all disputes arising out of or related to the use of the Site or Service.

20. SEVERABILITY; WAIVER:

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

21. NO LICENSE:

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

22. CALIFORNIA USE ONLY:

The Site is controlled and operated by Caskie Web Solutions from its offices in San Ramon the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

23. ARBITRATION AND CHOICE OF LAW

This agreement is governed by laws of the state of California, without reference to conflict of laws principles.

Any dispute arising out of or relating to Company shall be settled by binding arbitration in Contra Costa, CA in accordance with the American Arbitration Association's Commercial Arbitration rules. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

24. MODIFICATIONS:

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

25. ACKNOWLEDGEMENT:

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

WEBSITE PRIVACY POLICY for www.EastBayFamily.com

Effective July 1, 2006

1. INTRODUCTION:

EastBayFamily.com and Tamarin Group LLC (“us,” “we,” or “Company”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Company Website (“the Site”). We created this Website Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

2. Information Collection Practices

2.1. Types of Information Collected

(a) Traffic Data Collected. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password, if service is activated, so you do not have to re-enter it each time you visit the Site.

(b) Personal Information Collected. In order for you to access certain premium, services and to purchase products that we offer via the Site, we may require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); (2) Financial Data (such as your account or credit card number); and (3) Demographic Data (such as your zip code, age, and income). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.

2.2. Uses of Information Collected

(a) COMPANY USE OF INFORMATION. We may use Contact Data to send you information about our company or our products or services, or promotional material from some of our partners, or to contact you when necessary. We may use your Financial Data, if collected, to verify your qualifications for certain products or services and to bill you for products and services. We may use your Demographic Data, if collected, to customize and tailor your experience on the Site, displaying content that we think you might be interested in and according to your preferences.

(b) Sharing of Personal Information. We may share certain categories of information we collect from you in the ways described in this Privacy Policy. We may share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. We may share Contact Data, if collected, with other companies who may want to send you information about their products or services, unless you have specifically requested that we not share Contact Data with such companies. We may also share Contact Data, if collected, and Financial Data, if collected, with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site. Those business partners have all and/or must agree(d) to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data, if collected, and other Personal Information, if collected, to carry out their specific business obligations to Company. If you do not want us to share your Contact Data, if collected, with any third parties, please email us at info@eastbayfamily.com or select the “opt out” box on our online forms, but please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on the Site. In addition, we may maintain a procedure for you to review and request changes to your Personal Information, if collected; this procedure, if activated, is described in Section 3.1, below.

(c) User Choice Regarding Collection, Use, and Distribution of Personal Information. You may choose not to provide us with any Personal Information. In such an event, you can still access and use the Site; however you will not be able to access and use those portions of the Site that require your Personal Information, if such areas of the Site are activated. If you do not wish to receive information and promotional material from us or from some of our partners, you may select the appropriate “opt-out” option each time we ask you for Personal Information.

3. C onfidentiality and Security of Personal Information:

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information, if collected, private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Service. Your Personal Information, if collected, is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit your Personal Information, if collected, via secured and encrypted channels if you use a similarly equipped web browser.

3.1. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION.

If activated, we will maintain a procedure in order to help you confirm that your Personal Information, if collected, remains correct and up-to-date. If activated, at any time, you may visit your personal profile at www.EastBayFamily.com/login. Through your personal profile, if activated, you will be able to: (a) review and update you Personal Information that we have already collected; (b) choose whether or not you wish us to send you information about our company, or promotional material from some of our partners; and/or (c) choose whether or not you wish for us to share your Personal Information, if collected, with third parties.

3.2. Lost or Stolen Information:

If you have provided Company with Personal Information and/or Financial Information, you must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.

3.3. PUBLIC INFORMATION:

The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.

4. Updates and Changes to Privacy Policy:

We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.