Legal Terms:

User Agreement On Avamere Family of Companies

As a user of the Avamere Family of Companies Web Site(s), I represent to Avamere Family of Companies that my access is on my own behalf or on behalf of my employer or my own business enterprise and that I am authorized and empowered to make promises, representations and agreements on my own behalf or on behalf of my employer or business enterprise. I understand this agreement contains important legal and financial responsibilities that may affect me, my employer or my business.

As an inducement for Avamere Family of Companies to provide me with access to or permitting me to use Avamere Family of Companies Web Sites, I agree to the following terms and conditions. I understand that the Internet, electronic commerce and technology is changing rapidly and Avamere Family of Companies may address these changes by changing these terms and conditions from time to time at Avamere Family of Companies’ sole discretion. Accordingly I promise to review regularly these terms and conditions to be informed of and agree to any changes made by Avamere Family of Companies. If at any time I do not agree to any term or condition of this or any revised Avamere Family of Companies web access or use agreement, I promise not to access or otherwise use any Avamere Family of Companies Web Sites. I understand that these terms and conditions apply to all Avamere Family of Companies Web Sites, including any Web Sites owned, operated or sponsored by any Avamere Family of Companies subsidiaries or affiliates. I agree that the word “Content”, as used in this Agreement refers to any materials, documents, images, trademarks, copyrighted materials, graphics, logos, design, audio, video and any other information provided from or on Avamere Family of Companies Web Sites.

Purpose

Avamere Family of Companies maintains its Web Site Content for general marketing, promotional, public relations and general public information purposes. Avamere Family of Companies does not transact business or engage in transactions by way of Avamere Family of Companies Web Site Content. Regardless of the existence of any order forms, interactive features, request forms, invitation for comment or suggestions contained in any Avamere Family of Companies Web Site, no contract or binding obligation of Avamere Family of Companies of any kind may be implied, assumed or made until an authorized and empowered representative of Avamere Family of Companies reviews and accepts, in writing, any proposal, offer, order or other information submitted by the user via any Avamere Family of Companies Web Site. You agree that Avamere Family of Companies becomes legally bound to and responsible for only those promises, obligations and commitments contained in written contracts and instruments signed by such authorized and empowered representative of Avamere Family of Companies. Notwithstanding anything to the contrary contained in any Avamere Family of Companies Web Site, Avamere Family of Companies reserves the right to and may reject any information, offers, orders, suggestions, comments or other information submitted to Avamere Family of Companies via any Avamere Family of Companies Web Site.

No Permissions

Avamere Family of Companies provides its Web Site Content for informational purposes only for its customers, investors, vendors and employees and other constituencies. No license is granted by Avamere Family of Companies to anyone to use or exploit any Content. If you wish to use or exploit any Avamere Family of Companies Web Site Content, you agree to contact Avamere Family of Companies in writing and to use such Content only in accordance with a written agreement with Avamere Family of Companies. If you use or exploit any Avamere Family of Companies Content without the agreement of Avamere Family of Companies, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities incurred by Avamere Family of Companies as a result of your actions or omissions.

Disclaimer

Avamere Family of Companies has no obligation to be sure that the Content of its Web Site is accurate or complete, up-to-date or current, free from technical inaccuracies or typographical errors, free from changes caused by any third party or that access to the Avamere Family of Companies Web Site will be free from interruptions, errors, computer viruses or other harmful components. You understand that Avamere Family of Companies may (but has no obligation in the absence of governmental regulatory requirements) to change, withdraw, improve or otherwise modify its Web Site Content at any time without any notice to you.

No Warranties

Web Site Content is provided by Avamere Family of Companies “AS-IS” and without warranties of any kind, either express or implied. TO THE EXTENT ANY ACCESS OR USE OF THE Avamere Family of Companies WEB SITES CONSTITUTES A SALE OR EXCHANGE OF GOODS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. You agree that under no circumstances, including, but not limited to, negligence, shall Avamere Family of Companies be liable for any direct or indirect, special, incidental or consequential damages. This includes but is not limited to loss of data or profit arising out of the use or the inability to use the Content of a Avamere Family of Companies Web Site, even if a Avamere Family of Companies representative has been advised of the possibility of your damages.

No Confidentiality and License

If you wish to provide your information to Avamere Family of Companies and you wish to retain an interest or ownership in it, you must contact Avamere Family of Companies in writing and propose to Avamere Family of Companies a commercial transaction pursuant to which you and Avamere Family of Companies agree in a written and signed agreement to an exchange of information. If you transmit to or post on the Avamere Family of Companies Web Site without any prior written Agreement with Avamere Family of Companies providing for such activity, any material, data, information or idea, it will be treated as non-confidential and non-proprietary and may be disseminated or used by Avamere Family of Companies for any purpose. By sending Avamere Family of Companies any information or material, you grant Avamere Family of Companies an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials and information. You also agree that Avamere Family of Companies is free to use any ideas, concepts, know-how or techniques that you send to Avamere Family of Companies for any purpose without any obligation to you.

No Unlawful or Unacceptable Content Posting

You are not authorized to post on or transmit to any Avamere Family of Companies Web Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. If you do so, you agree to assume all claims, costs, losses, expenses, damages and liabilities caused by such activity and indemnify and hold Avamere Family of Companies harmless from any liability or loss.

Hyperlinks

Avamere Family of Companies may provide hyperlinks to other internet web sites maintained by third parties or may provide third party content on Avamere Family of Companies Web Site. The content in any such linked sites is not under Avamere Family of Companies control and Avamere Family of Companies is not responsible for the content of those sites, including any further links in another site. If you decide to access any of the third party sites linked to a Avamere Family of Companies Web Site, you do so entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature. By providing a link, Avamere Family of Companies does not necessarily endorse a third party or its web site. Avamere Family of Companies reserves the right to terminate a link to a third party web site at any time in its sole discretion.

Linked Internet Sites

If you wish to provide a link to a Avamere Familyof Companies Web Site, you may do so under theterms and conditions of this or any future Avamere Family of Companies web access and use agreement, but: you may not use or replicate Avamere Family of Companies Content; you agree not to create a browser, border environment or frame for Avamere Family of Companies Content; you may not imply that Avamere Family of Companies is endorsing you or your products or services; you may not misrepresent your relationship with Avamere Family of Companies; you may not present false information about Avamere Family of Companies products or services; and your linked web site shall not contain content that could be construed as distasteful, offensive or controversial, and or contain content that is not appropriate for all age, racial, religious or other groups protected by law. If you violate these promises, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold Avamere Family of Companies harmless and you agree to remove any link to Avamere Family of Companies. immediately upon the request of Avamere Family of Companies.

No Representations, Legal Compliance

Avamere Family of Companies makes no representation that content or materials in a Avamere Family of Companies Web Site are appropriate or available for use outside the U.S.A. You agree to refrain from access to Content on a Avamere Family of Companies Web Site from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations. We are not responsible for any law violations of law or regulation by your access or use of any Content on a Avamere Family of Companies Web Site. You must become familiar with U.S. laws and regulations on export of technical information and you agree you will not use or export Content in a Avamere Family of Companies Web Site in violation of U.S. export laws and regulations. Any claims relating to Avamere Family of Companies Web Site and its Content and materials shall be governed by the laws of the State of Ohio, U.S.A., without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties – obligations shall be brought exclusively in a federal or state court in the State of Ohio.

Copyrights

Avamere Family of Companies claims the copyright interest in the compilation in all the Avamere Family of Companies Web Site Content, including without limitation, the incorporated Avamere Family of Companies Web Sites. The laws of the United States of America and all other signatories to the Berne Convention protect the copyright owner from infringement and you represent that you have read, understand and agree to The U.S. Copyright Act and such other applicable laws and regulations of other countries and you will not violate them in your access and use of any Avamere Family of Companies Web Site and that you will indemnify and hold Avamere Family of Companies harmless. Copyright – Avamere Family of Companies Inc. 2005

Privacy Policy

Your privacy on the Internet is important to Avamere Family of Companies. As part of the operation of Avamere Family of Companies., certain pieces of information are gathered about Avamere Family of Companies. Members. Below are explanations regarding the types of information collected, what is done with it, and how to correct or change the information. What Information is Collected As part of the Avamere Family of Companies. Member registration process, the prospective member is asked to provide an email address and interest category selections? The prospective member, at their option, may voluntarily provide additional information, including personal, geographic and demographic information. In addition to the information provided by members, Avamere Family of Companies may also collect information about Avamere Family of Companies. Members from third party sources. Furthermore, Avamere Family of Companies monitors incoming and outgoing Web site traffic data to help diagnose problems with its servers and to administer its Web site. Avamere Family of Companies also uses this data to assemble broad demographic information about its members in general. The purpose of this data collection is to ensure that Avamere Family of Companies. Members receive only the most relevant, targeted offers and information from Avamere Family of Companies.. Avamere Family of Companies uses “contact us” forms as a way for clients, potential clients and members to communicate with Avamere Family of Companies.. Avamere Family of Companies. collects the information supplied by the sender of the “contact us” form in order to establish and maintain relationships with clients, potential clients and members. Avamere Family of Companies. also uses email links located on various pages of the Avamere Family of Companies Web site to allow you to contact Avamere Family of Companies. with questions or comments you may have. Avamere Family of Companies. welcomes these email communications and makes efforts to respond to these communications where appropriate. Email communications and the ideas sent to Avamere Family of Companies. in these email communications become the property of Avamere Family of Companies.. Avamere Family of Companies uses the email communications to evaluate and improve its services and Web site. Avamere Family of Companies. also may save these email communications for future reference or use.

In an attempt to customize the Avamere Family of Companies. service and provide members with the information they may be most interested in, Avamere Family of Companies also conducts internal research on our user’s demographics, interests, and behavior based upon information members provide directly to Avamere Family of Companies and information that Avamere Family of Companies may collect from third party sources and/or through the use of cookies (see below). Avamere Family of Companies may combine or otherwise overlay some or all of the foregoing information to build profiles about Avamere Family of Companies. Members, which may be individual specific or in aggregate form. By becoming a Avamere Family of Companies. Member, you consent to Avamere Family of Companies employing the foregoing techniques in its continuing efforts to better serve its members by providing them with the information in which they may be most interested. Avamere Family of Companies does not use information about its members for any purposes unrelated to the services offered by Avamere Family of Companies.. As discussed above, Avamere Family of Companies. may, from time to time, obtain information about its members from third party sources. In addition, Avamere Family of Companies may, from time to time, assist third parties in developing, implementing and monitoring advertising campaigns using data owned or supplied by the third party. Please be aware that this Privacy Policy does not cover the conduct or practices of these third party sources. However, Avamere Family of Companies will treat information that it receives from third party sources according to the terms of this Privacy Policy.

The Use of Cookies

As an important and necessary part of providing customizable and personalized services to its members, Avamere Family of Companies uses cookies to store and sometimes track information about members. A cookie is a small amount of data that is sent to a member’s browser from a Web server and stored on a member’s computer hard drive. Areas of Avamere Family of Companies’ Web site where members are prompted to login or that are customizable require acceptance of cookies. Cookies are also used to help Avamere Family of Companies track the response to messages sent to members on behalf of marketers so that Avamere Family of Companies can monitor and report campaign results to the marketer and track response history. With respect to cookies, you have a choice. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, you will be unable to use those Avamere Family of Companies services that require the use of cookies in order to participate.

Children’s Online Privacy Protection

The safety of children is important to us. AvamereFamily of Companies’ Web site is a general audience site and is not directed to children under the age of 13. Similarly, Avamere Family of Companies’ services are not directed to nor intended for anyone under the age of 13. AvamereFamily of Companies. will not knowingly accept members who are under the age of 13 years nor will it knowingly collect or maintain personally identifiable information from or about anyone under the age of 13 years. Accordingly, when registering to become a Avamere Family of Companies Member, the new member must certify that they are not under the age of 13. Avamere Family of Companies relies on the truthfulness of this certification when accepting new members. In the event that Avamere Family of Companies receives information that establishes that a member is under the age of 13 years, Avamere Family of Companies reserves the right, which it will exercise, to terminate that member’s membership. Avamere Family of Companies will also delete all information in its databases about that terminated member. If you believe Avamere Family of Companies has any information from or about anyone under 13, please contact us at the address listed below. Email: privacy@Avamere Family of Companies.

Confidentiality

Avamere Family of Companies will not provide personally identifiable information of a Avamere Family of Companies. Member to third parties except as noted under Limits of Confidentiality, personally identifiable information means the member’s name, residence address, email address, social security number or other information from which the member’s identity may be reasonably ascertained. Avamere Family of Companies uses proprietary technologies to preserve the anonymity of members while matching the member’s interests with targeted information sent via email.

Avamere Family of Companies will under no circumstance knowingly reveal any member’s identity to marketers. It is solely at a Avamere Family of Companies. Member’s discretion if he or she chooses to provide personally identifiable information to a marketer by making a purchase, requesting additional information, or communicating directly with the company or organization after visiting its Web site or otherwise.

Limits of Confidentiality

As part of its day-to-day business activities, Avamere Family of Companies must disclose certain aggregate level information about Avamere Family of Companies. Members to certain third parties; principally, (1) Avamere Family of Companies’ Network Partners, and (2) Marketers who use Avamere Family of Companies’ network. Below is the information and circumstances under which Avamere Family of Companies may be required to disclose information to third parties.

(1) Network Partners: When a Avamere Family of Companies. Member registers through the Web site of a Network Partner, Avamere Family of Companies is obligated to disclose to that particular Network Partner the information submitted by the Avamere Family of Companies. Member during the registration process. In addition to the foregoing information, Avamere Family of Companies may also disclose aggregate level information to the Network Partner about Avamere Family of Companies. Members who registered through that particular Network Partner’s site. Such aggregate information may include, for example, the number of individuals who registered through the Network Partner’s site; the turnover rate of Avamere Family of Companies. Members who have registered through the Network Partner’s site; with respect to any particular campaign, the response rates of the Avamere Family of Companies. Members who registered through the Network Partner’;s site; and statistics on the interest categories selected by the Avamere Family of Companies. Members who have registered through the Network Partner’s site. Subject to the exceptions discussed below, Avamere Family of Companies will not knowingly disclose any personally identifiable information about a Avamere Family of Companies. Member to a Network Partner unless such personally identifiable information was provided during the registration process through the Network Partner’s Web site.

(2) Marketers: Avamere Family of Companies will disclose aggregate level information about Avamere Family of Companies. Members to marketers as reasonably necessary to explain the services that Avamere Family of Companies can offer, to report on the advertising campaigns that Avamere Family of Companies undertakes for any particular marketer, and/or to implement and explain campaign strategies. Subject to the exceptions discussed below, Avamere Family of Companies will not knowingly disclose any personally identifiable information about a Avamere Family of Companies. Member to a marketer. Due to the existing legal, regulatory and security environment, Avamere Family of Companies may be required, under certain circumstances, to disclose aggregate level and/or personally identifiable information about its members. Avamere Family of Companies will use its best efforts to limit such disclosure to the following: where Avamere Family of Companies believes in good faith that it is required to do so in response to a subpoena or other legal process; where reasonably required to do so in order to maintain, update or otherwise implement Avamere Family of Companies’ data security measures, equipment, technical operations and the like; or where reasonably necessary to identify, contact or bring legal action against persons or entities to preserve and/or enforce Avamere Family of Companies’s rights.

Use of Information

Avamere Family of Companies uses member information to deliver the Avamere Family of Companies. services. Thus, member information is used by Avamere Family of Companies in identifying information that may be of interest to its members. A member’s email address will be used by Avamere Family of Companies to contact that member about member-selected interests. Avamere Family of Companies also uses member information to monitor, interpret, analyze and report campaign results. Avamere Family of Companies does not use member information for purposes unrelated to the services offered by Avamere Family of Companies.

Protection of Member Information

Avamere Family of Companies undertakes substantial efforts to protect the confidentiality of the identity, preferences and other information it has collected about individual members and will never knowingly allow access to this information to anyone outside Avamere Family of Companies other than to the member or as described above under the heading Limits of Confidentiality.

Avamere Family of Companies has made a substantial investment in its server, database, backup and firewall technologies to protect the information assets of the Avamere Family of Companies Network, including the confidentiality of information collected about Avamere Family of Companies. Members. These technologies are deployed as part of a sophisticated security architecture and protocol. You should also do your part in protecting your information. Your Avamere Family of Companies user name and password are confidential and we recommend that you not divulge them to anyone. Unfortunately, neither Avamere Family of Companies network nor data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect member information, Avamere Family of Companies cannot ensure or warrant the security of member information. Thus, any information a member transmits to us is done so at the member’s own risk. Once we receive member information, Avamere Family of Companies undertakes substantial efforts to protect the confidentiality of this information consistent with this Policy.

Policy Changes

The foregoing policy is effective as of June 2005. Avamere Family of Companies reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of Avamere Family of Companies’s services following the posting of changes to these terms will mean you accept those changes. Avamere Family of Companies will take reasonable measures to notify you if there is a material change in our privacy practices with respect to use of the information you have provided to Avamere Family of Companies.. Avamere Family of Companies will conspicuously post these changes in our Privacy Policy. Avamere Family of Companies also will post a message on the home page of its Web site that states that the Privacy Policy has been changed, and will provide a link to the Privacy Policy. These postings will occur on Avamere Family of Companies’s Web site at least 30 days prior to any material change. For more information, see our Terms and Conditions of service. If you have any questions about this privacy statement, Avamere Family of Companies practices, or feel that your privacy has been compromised, please contact us at info@Avamere Family of Companies.