Terms Of Use

RESTRICTIONS ON USE
Material from www.mistersofteeny.com and any other World Wide Web site owned, operated, licensed, or controlled by mistersofteeny.com Corporation or any of its related, affiliated, or subsidiary companies (together, "mistersofteeny.com") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of mistersofteeny.com EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates mistersofteeny.com intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by mistersofteeny.com. Neither title nor intellectual property rights are transferred to you, but remain with mistersofteeny.com, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

RESTRICTION OF LIABILITY mistersofteeny.com will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. mistersofteeny.com will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or mistersofteeny.com or an authorized company representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. mistersofteeny.com total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to mistersofteeny.com through this site (together, the "Submission") will forever be the property of mistersofteeny.com. mistersofteeny.com will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future mistersofteeny.com operations. Without limitation, mistersofteeny.com will have exclusive ownership of all present and future existing rights to the

Submission

of every kind and nature everywhere. Except as noted below in this paragraph, mistersofteeny.com will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of mistersofteeny.com or to other entities who are not involved in the operation of this site. Information submitted via a number of areas in this site, for instance, Contac form, is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not mistersofteeny.com have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION Except as described otherwise, all materials in the mistersofteeny.com site are made available only to provide information about mistersofteeny.com. mistersofteeny.com controls and operates this site from its headquarters in New york City, NY and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

DISCLAIMER The material in this site could include technical inaccuracies or typographical errors. mistersofteeny.com may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. mistersofteeny.com DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. mistersofteeny.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. mistersofteeny.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT mistersofteeny.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. This website contains downloadable materials as well as links to external sites. mistersofteeny.com Corporation is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that mistersofteeny.com Corporation cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. mistersofteeny.com is an equal opportunity employer committed to a diverse workforce. mistersofteeny.com franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.

TERMINATION mistersofteeny.com or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all mistersofteeny.com sites, and (b) all related documentation and all copies and installations(together, the "Materials"). mistersofteeny.com may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. MISCELLANEOUS These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. mistersofteeny.com can revise these Terms and Conditions at any time by updating this posting. mistersofteeny.com products and services are available in many parts of the world. However, the mistersofteeny.com site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by mistersofteeny.com. mistersofteeny.com is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by mistersofteeny.com of the sites.

  Privacy Policy

Effective Date: Januaryr 17, 2007

The following Privacy Policy governs the online information collection practices of MisterSofteeny.com, MisterSofteeNYC.com and any or all domains registered by us and our other divisions (“we” or “us”). Specifically, it outlines the types of information that we gather about you while you are using the MisterSofteeny.com website (the “Sites”), and the ways in which we use and don’t use this information. This Privacy Policy, including our children’s privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail). In addition, this Privacy Policy does not apply to any activities (online or otherwise) of MisterSoftee.com..

Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.

Your California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in Email to::

Online Privacy Coordinator
MisterSofteeNY.com
info@mistersofteeny.com

What Information is Collected About Visitors?

The information that we collect about you while you are using the Site falls into two general categories:

1. Information You Provide to Us.

We may collect and store information, personal or otherwise, that you voluntarily supply either while on the Site or in responding via email in connection with a feature provided on the Site. Some examples of this type of information include demographic information that you electronically submit when you sign up for access to certain features on the Site, information (such as your name or email address) that you electronically submit when you register for surveys, sweepstakes or contests on the Site, information that you post on message boards on the Site, and information contained in search requests or questions that you submit to the Site. If you decline to supply or provide us with certain information while using the Site, you may not be able to use or participate in some or all of the features offered through the Site.

2. Information that is Automatically Collected.

We also collect and store information that is generated automatically as you navigate through the Site. For example, to enhance your experience on the Site, we use a standard feature found in browser software called a “cookie.” Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you have entered preference information before. MisterSofteeNY.com also uses web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site or open our HTML-formatted email messages. Another example of information that we automatically collect as you navigate the Site is information about your computer’s connection to the Internet. This information allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site.

How is this Information Used?

We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features and advertising that appear on the Site. We also may provide your information to third parties, such as service providers, contractors, and advertisers, for a variety of purposes. For example, we may provide our advertisers with information about you and other visitors that will enable our advertisers to better target ads to specific types of visitors.

We reserve the right to use and to disclose to third parties all of the information that we collect online about you and other visitors in any way and for any purpose, with one important exception. We will not use the information that we collect online from you while you are using the Site, nor will we authorize third parties to use such information, to mail or email promotional offers directly to you unless you have specifically informed us that you would like to receive promotional offers from us and/or from third parties. If you choose to receive these promotional offers, then your information may be used for direct mail or email marketing.

Please also keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, through email or web logs, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third party use of such information.

The Site includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.

We also make some content, products and services available through our Site through cooperative relationships with third party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly; in which cases the privacy policy of the provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information. In addition, certain affiliated Mister Softee of NY divisions, such as the Mistersoftee.com, provide online services that are separate from our Site and may be subject to privacy policies that are different from ours. If you have any question about the privacy policy that applies to the online service you are using, you should click on the relevant link on the page of the service that you are using.

We are an affiliate Mister Softee. Through our cooperative relationship with Mister Softeer, we are able to provide you with access to the Mister Softeer products and services through our agreements. .

Be aware that we may occasionally release information about visitors when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of users of the Site, the public, or MisterSofteeNY.com.

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or our site is acquired by another company, information about our visitors may be among the transferred assets.

Children’s Privacy Statement

This children’s privacy statement explains MisterSofteeNY.com’s practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.

• This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site’s online activities on providing personally identifiable information.

How To Make Changes to Your Information

you have subscribed to one or more of our email newsletters, you may change your subscriber information, modify your subscriptions, and/or unsubscribe from these newsletters at any time by visiting info@MisterSofteeNY.com.

Questions Regarding Privacy

If you have questions or concerns about this Privacy Policy, our privacy practices, or your dealings with us, please contact us by Email to:

info@mistersofteeny.com

E-mail: info@mistersofteeny.com