Legal Beagle Fleegle

http://business.ftc.gov/advertising-and-marketing
http://www.ftc.gov/opa/2009/05/swineflu2.shtm
http://business.ftc.gov/documents/bus28-advertising-and-marketing-internet-rules-road
http://www.ftc.gov/bcp/guides/free.htm

Video & Audio Terms of Use
1. Changes
We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Services. If you continue to use the Services after we change the Terms, you accept all changes.

2. Privacy Policy; Additional Terms

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services, and you consent to our use of data in compliance with the Privacy Policy.
Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.

3. Registration and Access Controls
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.

4. Intellectual Property; License
The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.
Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.
a. Viral Distribution
We may expressly authorize you to redistribute certain Content for personal, non-commercial use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
b. Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
5. Legal Complaints
CBS Interactive respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints.
12. Disclaimers; Limitation of Liability
THE CBS INTERACTIVE PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE CBS INTERACTIVE PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

THE CBS INTERACTIVE PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE CBS INTERACTIVE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE CBS INTERACTIVE PARTIES’ LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO CBS INTERACTIVE IN THE THREE MONTHS PRECEEDING THE CLAIM.

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE CBS INTERACTIVE PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE CBS INTERACTIVE PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Earnings Disclaimer

Compensation Disclosure
When it comes to buying products or services when using the internet, it is recommended that you should always conduct your own investigations. This includes buying any products or services sold from this website and all other websites.

Material Connection
Unless we have stated otherwise, you should always assume that when products or services are made reference to, they are made because there exists a material connection between the website owner and the providers of the products and services displayed. It should be noted that this is not always the case.

Good Faith Recommendations

The owners of this site will always recommend products and services based in part on a good faith belief that the supply of such products or services will help the person obtaining them. The owner has good faith belief, because the owner has either tried the products or services prior to making any recommendations, or the owners have researched the products or services based on the supplier’s history. The recommendations made by the owner about the products or services are honest opinions based on facts known to the owner at the time a product or service is mentioned on the website.

Testimonials
The owner has conducted all steps possible to verify the testimonials that appear on this site. They are treated as average user expectations based on the information that was available at the time of publishing them. They are not exaggerations of user results which we do not entertain in any form. Enquiries have been made to confirm their authenticity at all times. If a claim sounds untrue then the owners regard this as such and do not publish this on the website.
Where extracts have been displayed from other reviewers, forum posts, and otherwise user comments, these are in no way indicative of any kind of verifiable results. All visitors are strongly cautioned to conduct their own due diligence prior to making a purchase displayed on this site.
In order to protect you, should the claims be unfounded, all such products are provided with a 100% money back guarantee by a reputable third party, which have all be verified as genuine and safe to use. As a result of this, the supply of services or products is additionally supported by the 100% money back guarantee for complete peace of mind.
Our aim is to be 100% honest at all times. If however you find something displayed on this site, which you do not agree with, then please contact us immediately and we will look into it. We reserve the right to withdraw the display of any product or service that does not reach our very high levels of satisfaction without any prior notice. Any honesty and integrity is important to us at all times.

Potential Bias and Due Diligence
The owners’ opinion about a product or service may be partially formed in part on the fact that the owner is likely to receive compensation for the product or service. The nature of the relationship is sufficient to establish a material connection between the owner and the provider. There will be instances where the owner will not receive compensation relating to the products or services on this website. You should assume that the owner has a material relationship with the product or services suppliers, because the owner has received or is likely to receive something of monetary value from the supplier. You should always perform your own due diligence before purchasing a product or service mentioned on this website.

Compensation
The type of compensation may vary, from receiving payment for a product or service, or receiving complementary products or services. The owner is therefore likely to receive monetary compensation when you make a purchase for a product or service after clicking the affiliate link displayed.

Questions Regarding Any Purchases

The owners aim is to provide the best products and services available to you. If you have any questions regarding any such purchases, then please contact us immediately and we will do what we can to answer them or rectify any issues you may have.

Refund Policy
TBD


Health Breach Notification Rule
http://business.ftc.gov/privacy-and-security/health-privacy/health-breach-notification-rule

Terms of Use

DMCA Notice
http://www.ftc.gov/os/2011/03/110307patentreport.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_cong_public_laws&docid=f:publ304.105.pdf

External Links Policy

EVHH is not responsible for changes to links recommended by the author of this website.
When links are initially posted here they accurately represented the author's intent.
EVHH/The Author cannot be held responsible for changes made to external sites/links over time.
As well, links posted by visitors are not in anyway part of EVHH/ The Author's recommendation or endorsement.
All effort is being made to insure faulty information is not allowed on this site from ill meaning visitors.

Links To Other Sites
Our website contains links to the websites of other government, public and private organizations that are outside of our control. When you follow a link to another site, you leave the FCC site and your website interactions are no longer protected by our privacy policy. Before leaving the FCC website, a page will be displayed informing you that you are leaving our website. The FCC is not responsible for, and does not endorse the privacy or security practices and content of non-FCC website

Privacy Policy
FCC Privacy Policy
We respect your right to privacy and will protect it when you visit our website. This page explains how we handle information about you when you visit and use our site. The FCC provides this website as a public service - you do not have to provide any personal information in order to enter and browse. The extent and type of information we receive depends on what you do while you are visiting our website.

The FCC collects no personal information about you when you visit our website unless you specifically and knowingly choose to provide such information to us or as described below. If you choose to provide information to us, we use it only to fulfill your request for information or services.

Information That You Voluntarily Provide
If you voluntarily provide us with personal information, for example by sending an e-mail or by filling out a form and submitting it through our Website, you are indicating voluntary consent for us to use the information you are submitting to respond to your message and to help us provide you with the information and services that you have requested. We make every effort to disclose clearly how information is used at the point where it is collected so that our users can determine for themselves whether they wish to provide the information.
Sharing and Disclosure of Information. Your submission, including personal information, may be shared within the FCC as well as with other Federal or State agencies, or others if necessary to address matters raised in your submission as allowed by the Commission's systems of records or as otherwise required or authorized by statute, including requests from Congress, Freedom of Information Act requests from private individuals or companies, for law enforcement purposes, for routine agency uses subject to the Privacy Act, or under our access and public record rules.
If any personal information you provide will be maintained in an FCC Privacy Act system of records, you will be notified at the point of collection through a Privacy Act statement, as to whether providing information is mandatory or voluntary, and the effects of not providing all or any part of the requested information. The Commission works continuously to set out and implement procedures to regulate the collection, maintenance, use, and dissemination of Privacy Act-protected information. Visit our Privacy Act Web Page for complete information about our compliance with the Privacy Act of 1974, and information on how to file a Privacy Act request.
Under the Freedom of Information Act (FOIA) and the Privacy Act of 1974, to the extent applicable, you have certain rights to obtain information about you or your company that may be in our records. For more information about the circumstances under which you can get and - if necessary - correct this information, visit our FOIA Web Page. You will get access to any information that the FOIA and Privacy Act require us to disclose to you.
Any comments that you submit to the FCC on a proposed rulemaking, petition, or other document for which public comment is requested will be made public, including any personally identifiable information you include in your submission. We may share non-personally identifiable information with others, including the public, in aggregated form, in partial or edited form, or verbatim.
We do not collect, give, sell or rent any personal information to third parties for commercial marketing.
Retention of Information.
We may retain electronically submitted information as long as necessary to respond to your request, depending on the subject matter and according to the principles of the Federal Records Act and the regulations and records schedules approved by the National Archives and Records Administration (NARA). Computer web server logs may be preserved as long as administratively necessary and are scheduled for destruction in accordance with guidelines approved by NARA. The information in the logs may be used at any time as necessary to prevent security breaches and to insure the integrity of the data on our servers.
If you use an on-line form to receive filing software or to register for informational e-mail updates, or for other purposes, information you provide may be retained so that we can notify you about changes or upgrades, where appropriate.

Security of Personal Information
We use commercial encryption techniques to protect the transmission and storage of the information you submit to us when you use one of our secure online forms. E-mail that you send to us is not necessarily secure against third-party interception or misdirection. For your own protection, you may wish to communicate sensitive information using a method other than e-mail.
For website security purposes and to ensure that our website remains available to all users, FCC computer systems that support the website use industry-standard methods and software to monitor and audit network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Anyone visiting our website expressly consents to such monitoring and auditing.





Links To Other Sites
Our website contains links to the websites of other government, public and private organizations that are outside of our control. When you follow a link to another site, you leave the FCC site and your website interactions are no longer protected by our privacy policy. Before leaving the FCC website, a page will be displayed informing you that you are leaving our website. The FCC is not responsible for, and does not endorse the privacy or security practices and content of non-FCC websites.

Cookies
A cookie is a piece of data stored by a website or service on a user's computer that allows the website or service to recognize the user's unique computer. You can remove or block cookies by changing the settings on your browser.
The FCC website sometimes uses cookies. These session cookies are temporarily stored on your computer's hard drive and are automatically erased after a specified period of time. Information from these cookies is not collected or saved. Some of the interactive sections of our website may set session cookies in temporary memory in order to provide streamlined navigation.
Some videos embedded in the FCC website may set a persistent cookie when you click to play the video. These cookies are stored on your computer's hard drive and allow the third party video provider to record and track the website that you have visited and which videos you have played. The third party video service provider uses this information, among other things, to maintain accurate statistics of video use and to customize the video service for individual users. Further information regarding the handling of these cookies is available in the privacy statements available on the video providers' websites. The Federal Government has guidelines for the use of persistent cookies. The goals of the guidelines are to enable the useful functioning of federal websites while protecting individual privacy. See OMB Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002, M-03-22 (September 26, 2003), modifying M-00-13 (June 22, 2000), available online at http://www.whitehouse.gov/omb/memoranda/m03-22.html. Pursuant to these guidelines, the Chairman's Office has issued a waiver to allow this use of persistent cookies when you use the third party video players embedded on the Commission's website. This was done because a prohibition on the use of persistent cookies would bar the FCC at the present time from taking advantage of the enhanced video services possible through the use of commercial video service providers. If you would like to view a video without the use of persistent cookies, a link to download the video file is typically provided just below the video.
For the purposes of improving the services delivered via FCC.gov, all visitors will periodically be given the opportunity to provide feedback about the website. During periods when feedback is collected, a visitor's browser will automatically set a persistent cookie to register that a user has been presented with the opportunity to provide this feedback, and to avoid repeatedly requesting feedback on subsequent visits. Pursuant to these guidelines, the Chairman's Office has issued a waiver to allow this use of persistent cookies when regarding the website's feedback mechanism.

Anti-Spam Policy
http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business

The CAN-SPAM Act: A Compliance Guide for Business [PDF]

Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.
Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:
1.Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.

2.Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.

3.Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.

4.Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.

5.Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.

6.Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.

7.Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.