EA-COMPANIES.COM TERMS OF SERVICE

1.  Introduction

Welcome to EA-Companies.com, the official website of E&A Industries, Inc., doing business as E&A Companies.  This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service.  Your agreement to the Terms of Service is implied by use of this website.

2.  Description of Service

EA-Companies.com is a private equity firm website offered for informational purposes.  Our primary audience consists of business owners, banks, and any other intermediary which may represent a business for sale.

3.  Information Supplied

When using our service, we may collect your name, e-mail address, and other information we deem relevant.

In addition to providing us with the above information about yourself, you must be at least thirteen years of age or older to use our service.  This is because we are prohibited by the Children’s Online Privacy Protection Act from collecting information from anyone below that age.  We apologize for any inconvenience this may cause.

4.  Disclaimer

EA-Companies.com is an informational website only.  Although certain content may contain forward-looking statements about companies or other investment information, none of it should be relied on as investment advice.  You release us from any liability for your reliance on any of the content on our Site.

5.  Our Copyright

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission.  This includes, but is not limited to, copying content (whether or not we own the full rights to it, or it is licensed content from a third party, as copying it still harms our network capacity, and we may also have a copyright subsisting in the arrangement of third party data).

6.  Trademarks

“E&A Companies” is a trademark used by us, E&A Industries, Inc., to uniquely identify our website, business, and service.  You agree not to use this phrase anywhere without our prior written consent.  Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent.  You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.

7.  Revocation of Consent

Where EA-Companies.com has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time.  If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.

8.  DMCA Notices

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act.  If you believe that your copyright has been infringed, please send us a message which contains:

• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our website of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at:

Attn: EA-Companies.com DMCA Agent
101 W. Ohio Street, Suite 1350
Indianapolis, IN 46204
United States

jkashman@ea-companies.com

If sending the notification by e-mail, an electronic signature is acceptable.

Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.

9.  Representations & Warranties

We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose.  You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our products, for reasons including, but not limited to, failure of our service, loss of income, negligence, or any tort or other cause of action.  To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.

You agree that we are not responsible in any way for offers made by third parties through our website.

We are not liable for any failure of our service, including any failures or disruptions, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.

You acknowledge that the content we provide may contain general or specific investment statements about the advantages and disadvantages of certain investments, and that we do not recommend that you act on any such statements.  These statements may be contained on our website, in our newsletter, or elsewhere, and you release us from liability for any such statements that we may make, regardless of the forum.

The provision of our service to you is contingent on your agreement with this and all other sections of this Agreement.

Nothing within the provisions of this “Representations & Warranties” section shall be construed to limit the generality of the first paragraph of this section.

10.  Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it.  You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

11.  Choice of Law

This Agreement shall be governed by the laws in force in the State of Indiana.  The offer and acceptance of this contract is deemed to have occurred in the State of Indiana.

12.  Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Indiana.  Specifically, you agree that any disputes shall be heard, where eligible, solely within a small claims court within Marion County (“Small Claims Court”).

You agree that where the amount you would otherwise claim exceeds the monetary jurisdiction of the Small Claims Court, which at the time of the publication of this Agreement is up to $6,000, you will waive your right to collect any damages in excess of the monetary jurisdiction and instead only sue us for the maximum amount of $6,000.

Likewise, if you have multiple causes of action, you agree that if your claim would be eligible to be heard by the Small Claims Court, except that one or more of the causes of action or other rights to collect damages would not be eligible for the Small Claims Court to hear, you will waive your right to claim damages for any of the ineligible claims and instead still bring the dispute in the Small Claims Court for only the claim or claims over which the Small Claims Court has jurisdiction to hear.

Likewise, if you would otherwise have any remedies available to you outside of the Small Claims Court, such as the right to an injunction, specific performance, or other equitable relief, you agree that, if the Small Claims Court has no jurisdiction to grant such relief, you will waive your right to obtain such relief against us.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.

13.  Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

14.  Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, EA-Companies.com shall have the sole right to elect which provision remains in force.

15.  Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

16.  Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and, if you have given us your e-mail address, e-mail you about the updates.  If you have not given us your e-mail address, you must check this page each time you access our website.  In either case, if this Agreement has changed since you last saw it, you agree that your continued use of our website constitutes your acceptance of the changes.  Otherwise, you must immediately cease using our website.

Last Modified:  March 19, 2013

 

EA-COMPANIES.COM PRIVACY POLICY

1.  Introduction

Welcome to EA-Companies.com, the official website of E&A Industries, Inc., doing business as E&A Companies.  If you have not already read and agreed to our Terms of Service, please do so now.  You must also agree to this Privacy Policy, which governs your privacy rights when interacting with our website, as a condition of being permitted to use our website.  Your agreement to the Privacy Policy is implied by use of this website.

2.  Personal Information We Collect

When using our service, we may collect your e-mail address and other information we deem relevant.  We do not disclose this information to anyone except in accordance with our Privacy Policy.

In addition to providing us with the above information about yourself, you must be at least thirteen years of age or older to use our service.  This is because we are prohibited by the Children’s Online Privacy Protection Act from collecting information from anyone below that age.  We apologize for any inconvenience this may cause.

3.  Non-Personal Information We Collect

We may collect information about you that is not personal information.  When you access our website, we may collect such things as your IP address, browser, operating system, referring URL, and other general information about our visitors.  This information, on its own, cannot usually be used to identify you.

4.  Use of Information

We may use your information:

• To send e-mails about our website or respond to inquiries.
• To send e-mails about our website and other products, news, services, or updates from E&A Companies.
• To send third party offers.
• To do anything else you consent for us to do.

5.  Third Party Websites

We may link to third party websites from our own website.  We have no control over, and are not responsible for, these third party websites or their use of your personal information.  We recommend that you review their privacy policies and other agreements governing your use of their website.

6.  Third Party Access to Your Information

We protect your information from being accessed by third parties.  However, since we may employ outside maintenance personnel or use a third party to host our material, there are third party entities which may have custody or access to your information.  Because of this, it is necessary that you permit us to give access to your information to third parties to the same extent that you authorize us to do so.  For greater certainty, every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems.  You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

7.  Law Enforcement

We may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter.  In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.

8.  Security of Information

We take steps to protect our systems, including using SSL Certificates to further secure our website, as it is in our interests to secure our systems against external threats.  However, we make no representations as to the security or privacy of your information.  It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.

9.  Amendments

We may amend this Privacy Policy from time to time, and the amended version will be posted on our website in place of the old version.  If you have submitted your e-mail address to use, we will notify you of the changes via this method.  If you have not submitted your e-mail address to us, you must visit this page each time you visit our website and read and agree to the changes.  Regardless of how you become aware of the changes to this Privacy Policy, your continued use of our website will constitute your acceptance of the changes.  If you do not agree to the changes, you must cease using our website immediately.

10.  Your California Privacy Rights

EA-Companies.com permits residents of California to use its services.  Therefore, it is our intent to comply with the California Business and Professions Code §§ 22575-22579.  If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes.  Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes.  In summary, you must presume that we collect electronic information from all visitors.  You may contact us at jkashman@ea-companies.com with any questions.

11.  Minors

Individuals under 13 may not use our website.  If you become aware of a user who is violating our age rules, please contact us with full details.  If you are a user who is reported as violating these rules, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our website.

12.  International Transfer

Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, EA-Companies.com transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Last Modified:  March 18, 2013