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AMOBILITY OF OHIO, INC. PRIVACY POLICY & LEAGAL DISCLAIMER
April 5th, 2004

 
     
 
Menu:
- Products and Services Provided by Active Mobility - Trademarks
- Product Descriptions — Not Available in all States - Message Boards and Chat Rooms
- Links to Other Sites - Limitation of Liability
- General Disclaimer - Calculations and Investment Decisions
- Viruses, Worms, Use of Files - Minors and Child Online Privacy Protection Act
- Health Information - The Digital Millennium Copyright Act
- Forward-Looking Statements - Changes and Applicable Law

Products and Services Provided by Active Mobility
Active Mobility is a registered service mark of Active Mobility of Ohio, Inc. , licensed for use by Active Mobility and its subsidiaries. Products and services are provided exclusively by Active Mobility.

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Product Descriptions — Not Available in all States
The product descriptions, if any, provided on amobility.com are not intended to constitute offers to sell or solicitations in connection with any products or services. Some products may not be available in all jurisdictions. Anyone interested in a particular product should contact Active Mobility to determine whether the product is available in their jurisdiction and to request a copy of the applicable policy or prospectus for a complete description of the product.

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Links to Other Sites
While visiting amobility.com, you may leave the Active Mobility Web site and access certain non-Active Mobility Web sites. Active Mobility neither reviews nor controls the content and accuracy of these Web sites, and therefore will not be responsible for their content and accuracy. Your access to non-Active Mobility Web sites is at your sole risk.
Other Web sites on the Internet may contain unedited, sexually explicit, violent, racist or other types of material, which may be offensive to you. Please access other Web sites at your own discretion.

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General Disclaimer
All material including any link to other sites and content found at linked sites is provided "as is" and without any express or implied warranties including warranties of merchantability or fitness for a particular purpose. Due to the nature of the Internet, Active Mobility does not warrant that access to amobility.com or any of its pages will be uninterrupted or error free. Active Mobility does not warrant or make any representations regarding the usefulness of or the expected results of the material contained on amobility.com. Note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you. Please check your local laws for any such restrictions.

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Viruses, Worms, Use of Files
Active Mobility cannot and does not guarantee or warrant that files available for downloading from this site are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. Active Mobility does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement or fitness for a particular purpose) with respect to the files available for downloading from this site. In no event will Active Mobility be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from this site. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited, unless prior written consent is obtained from the appropriate Active Mobility copyright holder.

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Health Information
The health information on this Web site is provided by Active Mobility solely for informational purposes as a public service to promote consumer health. It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by a physician. Active Mobility assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on this site. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this site as a tool for self-diagnosis.

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Forward-Looking Statements
Amobility.com may from time to time contain forward-looking statements that include information about financial prospects, plans and objectives of management for future operations, economic conditions, trends and known uncertainties. Active Mobility cautions the reader that actual results could differ materially from those that Active Mobility expects, depending on the outcome of certain factors. In some cases, Active Mobility describes uncertainties when offering forward-looking statements.
Active Mobility does not undertake any obligation to correct or update any forward-looking statements on the Active Mobility Web site.

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Trademarks
There are references throughout amobility.com to various trademarks or service marks and these, whether registered or not, are the property of their respective owners.

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Message Boards and Chat Rooms
It is a condition of your use of Message Boards or Chat Rooms that you do not: (i) post or transmit any unlawful, threatening, abusive, libelous, defamatory, racial, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (ii) post or transmit comments containing harassing or offensive language, using sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activity online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, worms or Trojan horses; (iii) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works without first obtaining permission from the owner; (iv) post or transmit any information, software or other material which contains a virus, worm, Trojan horse or other code that has contaminating or destructive properties; (v) post any information, software, or other material for commercial purposes; (vi) solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes; (vii) impersonate any person or entity or falsely represent your professional or other affiliation with any person or entity; or (viii) use amobility.com to collect personally identifiable information in violation of our Privacy Policy. You agree Active Mobility, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.

You agree to indemnify and hold Active Mobility and its employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by a third party arising from any material you contribute to Message Boards or Chat Rooms you access via amobility.com.

You understand that Active Mobility has no obligation to monitor Message Boards or Chat Rooms. Active Mobility reserves the right at all times to disclose any information regarding the Message Boards or Chat Rooms, or to remove any information or materials, in whole or in part, that in Active Mobility's sole and absolute discretion are objectionable. You acknowledge that Active Mobility reserves the right to monitor any and all information transmitted or received through amobility.com which may be examined, recorded, copied, and used in accordance with our Active Mobility Privacy Information. Use of amobility.com constitutes consent to such activity by Active Mobility.

When using amobility.com, please be certain that anything you disclose does not compromise your personal safety. Do not provide your name, phone number, social security number or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.

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Limitation of Liability
You agree by accessing amobility.com that under no circumstances or any theories of liability under international or civil, common or statutory law including but not limited to strict liability, negligence or other tort theories or contract, patent or copyright laws, will Active Mobility be liable for damages of any kind occurring from the use of this web site or any information, goods or services obtained on this web site including direct, indirect, consequential, incidental, or punitive damages (even if Active Mobility has been advised of the possibility of such damages), to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages so some of these limitations may not apply to you.

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Calculations and Investment Decisions
Financial calculators\calculations are provided for illustrative purposes only. You are responsible for verifying the accuracy and suitability of all assumptions and calculations. Please seek the advice of licensed and/or competent individuals before making any investment or financial planning decisions. Do not rely solely on financial calculators\calculations or financial or retirement information found on amobility.com.

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Minors and Child Online Privacy Protection Act
Amobility.com does not direct content to Minors and does not intend to collect personal information from Minors and therefore is not subject to the Child Online Privacy Protection Act.

If you allow your minor child, or a child for whom you are legal guardian (a "Minor"), to access and use amobility.com, you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of amobility.com; and (iii) the consequences of any use.

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The Digital Millennium Copyright Act
Active Mobility reserves the right, but not the obligation, to terminate your access to amobility.com if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless or whether the material or activity is ultimately determined to be infringing. Active Mobility and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. Active Mobility has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is our compliance officer:

Mary Kay Inguagiato
Active Mobility, Inc.
5517 Schultz Drive
Sylvania, OH 43560
419.882.2727

Please complete the notification form and submit.

Any written notice regarding any infringement of copyright or of other proprietary rights, should be sent to our compliance officer, listed above, and must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
C. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
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 or other proprietary right owner, its agent, or the law.

If you choose to access amobility.com from outside the United States you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from amobility.com to a foreign national or foreign country in violation of those laws.

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Changes and Applicable Law
We reserve the right to make changes to amobility.com and our Legal Disclaimer/Conditions of Use. We encourage you to review the Web site and these terms periodically for any updates or changes. Your continued access or use of amobility.com shall be deemed your acceptance of these Legal Disclaimers/Conditions of Use and any changes and the reasonableness of these standards for notice of changes. Use of amobility.com and purchases of products from amobility.com will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and amobility.com will be brought exclusively in a federal or state court of competent jurisdiction sitting in Toledo, Ohio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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© 2004 Active Mobility, Inc. | Privacy Policy | HIPPA