Andy Sernovitz's Damn, I Wish I'd Thought of That!

Gaspedal.com

Privacy Policy, Trademark, Copyright, and Terms of Service

Privacy Policy Statement

Damn, I Wish I Thought of That, damniwish.com and all related content are (C) 2001-2007 Andy Sernovitz and GasPedal LLC.

1. Contacting GasPedal

Our postal address is 333 W. North Avenue, #500, Chicago, IL 60610. We can be reached via e-mail at info@gaspedal.com or by telephone at 312-932-9000.

2. Information that we collect

For each visitor to our website, our web server automatically recognizes only the visitor's domain name but not the e-mail address (where possible). We collect only the domain name, but not the e-mail address of visitors to our Web page, the e-mail addresses of those who communicate with us via email, aggregate information on what pages visitors access or visit, information volunteered by the visitor, such as survey information and/or site registrations. We store the data generated when the services on our site are used by visitors for internal purposes only. IP reports for advertisement clicks are shared with the advertiser. However, they usually have this information already since it is captured by their server when you click an ad. This is done to verify billing for the ads. No additional information associated with any specific user is provided to the advertisers.

3. Cookies

We do not set any cookies.

4. Use of information

The information we collect is used for internal review, used to improve the content of our web site, and is not shared with other organizations for commercial purposes, except for the specific cases mentioned below. a. We will never release email addresses to anyone, for any reason, unless you specifically give us permission. b. You may be contacted by us by phone, email, or postal mail with information regarding the use of our service or information regarding new products and services or upcoming events. c. On occasion we exchange our postal mailing list with other reputable businesses for controlled marketing purposes. d. We will release information in response to a court order.

5. Opting out

If you do not wish to have your information released as per the situations noted above, or if you do not want to receive email, telephone calls, or postal mail from us in the future, please let us know by calling us at the number provided above, emailing us at the above address, or writing to us at the above address. Please provide us with complete contact information so that we can accurately remove you from appropriate databases. Upon request we provide site visitors with access to unique identifier information (e.g., customer number or password) that we maintain about them and contact information (e.g., name, address, phone number) that we maintain about them. Visitors can have this information corrected by sending us e-mail at the above address, calling us at the above telephone number, or writing to us at the above address. Please allow us a reasonable amount of time to complete these requests.

6. External links

This site contains links to other sites. GasPedal is not responsible for the privacy practices or the content of such websites.

7. Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We take every precaution to ensure that member profiles are password-protected and that passwords are transmitted securely and coded specifically for our internal database.

8. Changes in this policy

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact registered users of our service before we use their data for these new purposes to notify them of the policy change and to provide them with the ability to opt out of these new uses. We will post the policy changes to our web site to notify all others of these changes and provide them with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our website periodically. If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number. We will attempt to correct the problem immediately. The

Terms of Service Agreement

1. TRADEMARKS, COPYRIGHTS & RESTRICTIONS

All materials on this site, including, but not limited to, text, images, illustrations, posts, audio clips, video clips (the "Materials") are protected by copyrights that are owned or licensed by the Company. "GasPedal" " is a registered trademark. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.GasPedal.com or any other web site or email transmission owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.

2. LINKS

The Company is not responsible for the content of any sites that may be linked to or from www.GasPedal.com, our email communications, or any other site owned, operated by, or affiliate with GasPedal LLC. These links are provided for your convenience only and you access them at your own risk.

3. DISCLAIMERS

By using this web site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of this agreement or for any content that is provided by you, to you, or through your user I.D. and/or password. You agree to cooperate as fully as reasonably required in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. COMPANY'S SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. Neither the Company, nor its officers, directors, employees, agents, successors, distributors or affiliates are responsible or liable for any loss, damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company's web site.

4. TERMINATION

The Company may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any Message Boards on its site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by Company, your sole remedy is to terminate this Agreement.

5. JURISDICTION

This site is controlled and operated by the Company from the Company's headquarters in Chicago, IL. The Company does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. This agreement will be governed by and construed in accordance with the laws of the State of Illinois, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site will be brought in either the State or Federal Courts of Illinois. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and the Company concerning your use of the site, and the Agreement will not be modified, except in writing, signed by both parties.

6. CONDITIONS OF USE

This service is provided by GasPedal to you ("you" or "user"), subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by GasPedal. This service is provided to users who agree to abide by the terms and conditions of this Agreement. GasPedal reserves the right to change the nature of this relationship at any time. Users who violate the terms of this Agreement will have their access canceled and they may permanently be banned from using the GasPedal service.

7. RULES

USE OF THIS SITE WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER GASPEDAL.COM. You are entirely responsible and liable for all activities conducted by you. Listed below are some, though not all, violations which may result in GasPedal terminating your access. You agree not to do any of the following actions while using this site: (1) harass, threaten, embarrass or cause distress or discomfort upon another user, or other individual or entity; (2) transmit via GasPedal any information, data, text, files, links, software, communication or other materials ("Content") that GasPedal considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; (3) post or transmit any unsolicited advertising, email, promotional materials, or any other forms of solicitation; (4) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law in connection with your use of this site in any manner; (5) invade the privacy or violate any personal or proprietary right of any person or entity; (6) infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity; and (7) impersonate any other person or entity.

8. CONTENT

You and any user of your user name must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. GasPedal shall have the right, but not the responsibility, to remove Content which is deemed in our sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules GasPedal has in place at the time. GasPedal may elect at its sole discretion to monitor some, all, or no areas of the GasPedal service for adherence to this Agreement or GasPedal 's rules.

9. SHARING OR DISTRIBUTION OF CONTENT OR USER NAMES

No content on GasPedal.com or emails transmitted by GasPedal on behalf of itself or others may be forwarded or otherwise redistributed. No user name or password may be shared with or revealed to any party other that the individual to which it had been originally granted. Any violation of this is likely to result in material damage to GasPedal. By the act of violating these conditions user accepts full liability for any damages, financial and otherwise in the minimum amount of $5000 per incident, per recipient. User agrees to indemnify GasPedal in full for all such damages.

QUESTIONS, COMPLAINTS, AND SUGGESTIONS

Should you have any questions or complaints regarding violations of this Agreement, please contact GasPedal at 312-932-9000, info@gaspedal.com, 333 W. North Avenue, #500, Chicago, IL 60610. (C) 2001-2007 GasPedal LLC. All rights reserved.