Extreme Reach

EXTREME REACH NETWORK TERMS OF USE AND PRIVACY POLICY

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.

Welcome to the Extreme Reach Network. The Extreme Reach Network is a service of Extreme Reach, Inc. In this Agreement, “Member” means any individual who has registered and/or participates in the Extreme Reach Network website of services. “Client” means a customer, advertiser or other client employing or contracting with Extreme Reach, Inc. or any of its services.

If you wish to become a Member of the Extreme Reach Network and use the Network website, read these Terms of Use, and indicate your acceptance of them in the Registration Page.

You are only authorized to use Extreme Reach Network services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Extreme Reach Network website and discontinue use of Extreme Reach Network services. Extreme Reach, Inc. ("we" or "us") permits you to use this site, subject to the following Terms of Use ("Terms"), which we may update from time to time without notice to you. Please check these Terms periodically for changes. By using this site after changes have been made to these Terms, you agree to the changes. If you use any of our other services, you will also be subject to the terms and conditions that apply to such services.

1. Use and Termination.
Extreme Reach Network Members must choose carefully the information created for the Extreme Reach Network. Your submissions to the Extreme Reach Network may not include material or links to any material containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, defamation or otherwise objectionable subject matter. Despite this prohibition, information provided by Extreme Reach Network members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Extreme Reach, Inc. assumes no responsibility or liability for this material. Extreme Reach, Inc. reserves the right, in its sole discretion, to reject, refuse to use or remove any materials (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of Extreme Reach services at any time, for any or no reason, with or without prior notice, and without liability. Extreme Reach, Inc. expressly reserves the right to remove your submitted material and/or restrict, suspend, or terminate your access to any part of Extreme Reach, Inc. services if we determine, in our sole discretion, that you pose a threat to Extreme Reach, Inc., and/or its Clients and other Members.

2. Membership Contract and Limitations.
You must be 18 years of age or older to be a Member of the Extreme Reach Network. By registering or accepting these Terms, you represent and warrant that you are 18 years of age or older, that you have the right, authority and capacity to agree to and abide by these Terms, and that you will use the services in a manner consistent with any and all applicable laws and regulations.

3. Extreme Reach Network Content.
The contents of Extreme Reach Network and the Extreme Reach Network website and all other websites under Extreme Reach, Inc.’s control, such as text, graphics, images, logos, icons, software, and other content (collectively known as “Extreme Reach Network Content”) and the organization of this Content are protected under both U.S. and foreign copyright, trademark and other laws. Unauthorized use of Extreme Reach Network Content may violate copyright, trademark and other laws. You may not sell or modify Extreme Reach Network Content or divulge, reproduce, display, publicly state, distribute or otherwise use Extreme Reach Network Content in any way for any public or other commercial purpose. The use of Extreme Reach Network Content on any other web site for any purpose is prohibited.

You shall not copy, reverse engineer or adapt the code that Extreme Reach, Inc. creates to generate any Extreme Reach Network Content or the pages making up its site, which is code also protected by Extreme Reach Network’s copyright

4. Copyrights and Trademarks.
All materials on the Extreme Reach Network site , including but not limited to text, design, graphics, interfaces, or code, and the organization of those is copyrighted as a collective work under the U.S. and other copyright laws, and is the intellectual property of Extreme Reach, Inc. or its clients, unless otherwise noted or attributed. Extreme Reach, Inc. and Extreme Reach Network logo are registered trademarks of Extreme Reach, Inc. All rights reserved.

Product descriptions, keywords, graphics, logos or other information may be displayed within the content of this site, and the respective copyright holders retain their rights to this material.

Except as expressly provided, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative materials of any information from the Extreme Reach Network website in whole or in part without the prior written permission of Extreme Reach, Inc.

5. Member Submission.
By submitting work to Extreme Reach, Inc., you represent and warrant:

i. that either such submission is your own original work or that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Extreme Reach, Inc. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Contributions to enable inclusion and use of the Communications in the manner contemplated by the applicable Extreme Reach websites and these Terms of Use;

ii. you agree to indemnify Extreme Reach against all legal fees, damages and other expenses that may be incurred by Extreme Reach as a result of your breach of the above warranty.

6. Right to be Removed from Services.
Extreme Reach reserves the right, in its sole discretion, to determine who shall be eligible to use the services offered on the Extreme Reach Web site. Further, Extreme Reach may, at its discretion, remove a Member from the use of services at any time for any reason. If you are removed you will be contacted via e-mail.

7. Opt-Out Policy.
Extreme Reach, Inc. logs non-personally-identifiable information including IP address, profile information, aggregate user data and browser type from visitors and users of the Extreme Reach public website and advertising platform. We track and log this information in order to automate functions, continually streamline our client's workflow, support the latest technologies and provide information that is most relevant to our visitors and clients.

Extreme Reach also tracks and logs conversion, click and viewing data from the websites of companies for which we serve advertisements ("advertisers") and the websites and online services on which we serve advertisements ("publishers"). This anonymous data is used to track general advertising impression and response activities, so our clients can understand which ad experiences are most relevant and resonant with audiences.

Advertisements within the Extreme Reach Platform are encoded with one or more of the following, based on Customer orders and preferences: Closed Captioning, BVS Watermark, Nielsen Watermarks, V-Chip, and Teletrax. In order to opt-out of Nielsen encoding, simply click the "opt-out" checkbox on your Advertiser page within the Platform.

For some advertising solutions, Extreme Reach occasionally gathers information via cookies to provide clients with aggregated campaign information that enables them to produce and run the most relevant, engaging advertisements for their consumer audience. The cookie data is anonymous, does not contain any information that personally identifies any user and is only used in aggregate.

Consumers can opt-out to suspend ER Digital data collection. The consumer's ER Digital tracking cookie will be deleted from the consumer's browser. An ER Digital opt-out cookie will be installed on the browser for the sole purpose of remembering and respecting the consumer's opt-out status.

Please note that ER Digital will continue to record consumer activity around a campaign, such as impressions and clicks, even after opting out. However, opting-out suspends the storage of an ER Digital browser-associated consumer profile.

Click here to opt-out

8. Feedback in Communications.
Extreme Reach may provide feedback via e-mail or phone to the Member. We make all reasonable effort to review Member submissions. If there are any inaccuracies, Extreme Reach will not be held responsible.

Should you have any questions or complaints regarding your account, please contact us.

9. Payment for Services.
If you are a media destination (e.g. TV local broadcaster, TV network broadcaster, TV local cable, TV national cable, radio station, web publisher or mobile publisher) and use the Extreme Reach system to receive media, there is no charge for the services. If you use the Extreme Reach system to send media, you will be billed for services and transactions made in the Extreme Reach system. By accepting any of our services, you agree to keep us updated as to your billing information. Furthermore, you understand the following:

* No refunds will be issued on any service once the order has been submitted, even if the order is later cancelled.
* Accounts that have become delinquent (more than 14 days past due) are subject to deactivation without further notice being given to you.
* Extreme Reach, Inc. reserves the right to change the fees charged for its services and payment methods at any time with 30 day prior notice.

10. Nature of Member Service.
Extreme Reach Network Members are independent contractors and nothing in the Agreement shall be construed to create, evidence or imply any agency, employment, partnership, or joint venture between the parties. Neither party shall have any right, power, or authority to create any obligation or responsibility on behalf of the other. The Agreement is not intended to benefit, nor shall it be deemed to give rise to any rights in, any third party. You may not assign or transfer the Agreement, or sublicense, assign or delegate any right or duty under the Agreement without Extreme Reach's prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect. Extreme Reach, Inc. and its subsequent assignees may assign the Agreement, in whole or in part, or any of its rights or delegate any of its duties, under the Agreement to any party.

11. Security and Privacy.
Use of the Extreme Reach Network website and or its other services is also governed by our Privacy Policy. (See below).

12. Term.
This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your participation in the Extreme Reach Network at any time, for any reason by contacting Extreme Reach, Inc. Extreme Reach, Inc. may terminate you as a Member for any reason, at any time. In the event that you are terminated as a Member, your account will be immediately cancelled and of no further effect. Even after your Membership is terminated, this Agreement will remain in effect.

Extreme Reach, Inc. reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Account, Profile and Media Content from Extreme Reach Network and the immediate termination of, and termination of Extreme Reach services and the services of other Extreme Reach, Inc. Sites to you, upon any breach by you of these Terms or if Extreme Reach, Inc. is unable to verify or authenticate any information you submit to Extreme Reach or any other Extreme Reach Site.

13. Disclaimers of Warranties.
YOU UNDERSTAND AND AGREE THATTO THE EXTENT PERMITTED BY LAW:
(a) Services and content on this site are provided on an "as is" and "as available" basis. We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and against infringement.

(b) We make no warranty that: (i) the functions of and services provided in this site will be uninterrupted, secure or error- free; (ii) defects will be corrected; or (iii) this site or the server that makes the services available is free of viruses or other harmful components.

(c) We make no warranty regarding the accuracy, veracity, integrity or quality of the content, sites or resources made available on or from this site, including, but not limited to, any warranty that such content, sites or resources will be free of material that is offensive, indecent or objectionable.

(d) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

14. Limitation of Liability.
In no event will we be liable for any direct, indirect, consequential, incidental, special or exemplary damages for any use of this site, or use of any other linked site, even if we are advised of the possibility of such damages. Your sole remedy is to discontinue use of the site.

15. Notices.
Extreme Reach, Inc. may give general notices to you posting on its website, or by electronic mail to the email address provided by you to Extreme Reach. It is your responsibility to ensure that your email address and any other contact information provided by you to Extreme Reach is updated, current and accurate. All notices to Extreme Reach, Inc. shall be sent via recognized overnight courier or certified mail, return receipt requested, to: Extreme Reach, Inc., 75 2nd Avenue, Suite 720 Needham, MA 02494.

16. Electronic Signature.
The Agreement is an electronic contract that sets out the legally binding terms of your use of the Extreme Reach Network offerings. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in this Agreement by clicking on the "I Accept" button in connection with your registration. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "I Accept" button, you accept the Agreement and agree to the terms, conditions and notices contained or referenced herein. When you click on the "I Accept" button during enrollment, you also consent to have the Agreement provided to you in electronic form. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program.

17. Indemnity.
You agree to indemnify and hold Extreme Reach, Inc. and its affiliates, officers, directors, employees, agents, third party service providers and third parties authorized by Extreme Reach, Inc. or other partners, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of: your use of the site; content you submit, post, transmit or otherwise make available through this site; your violation of these Terms; or your violation of any rights of another. You agree to be solely responsible for defending any Claim against or suffered by Extreme Reach, Inc. and/or any Extreme Reach entity, subject to Extreme Reach, Inc. and or the Extreme Reach Inc. entity’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against Extreme Reach, Inc. and any Extreme Reach, Inc. entity provided that you will not agree to any settlement that imposes any obligation or liability on Extreme Reach, Inc. and/or a Extreme Reach, Inc. entity without Extreme Reach’s prior express written consent.

18. General Information.
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof, and govern your use of this site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software. These Terms and the relationship between you and us will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth for any dispute arising under or relating to the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect.



PRIVACY POLICY

Privacy Practices for Extreme Reach Website (www.extremereach.com)
Extreme Reach, Inc. respects your privacy and we are fully committed to protecting it whether you are a visitor, using the website without registration (“Visitor”), or a user that has registered an account on our website (“User”). Extreme Reach does not collect any personally-identifying information before, during or after your visit to the ExtremeReach.com website other than what you voluntarily supply (e.g., information submitted through the “Contact Us” form).

Extreme Reach, Inc. also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the Extreme Reach site. This data is used to manage the website, track usage and improve website services.

Additional Information for Users
As a registered user with an Extreme Reach account, Extreme Reach, Inc. may collect information you submit such as name, mailing address and email address to authenticate account use and to send notifications to those users registering for and participating in the Extreme Reach Network.

When you do register for an account with us, you may from time to time have an opportunity to receive information about special promotions, incentives, and other programs from Extreme Reach, Inc. or our clients. We will not trade or sell any information on our users with third parties.


ER DIGITAL PLATFORM PRIVACY POLICY

Terms
Beacons and Tags: Beacons and tags enable online advertising companies to collect data and serve advertising on web sites by allowing communication between a web browser and an ad server. A beacon (or web beacon) is a small transparent image that is placed on a web page. A tag is a small piece of computer code that is run by the web browser.

Cookie: A cookie is a small text file that is stored in a web browser by a website or ad server. By saving information in a cookie, websites and servers can remember preferences or recognize browsers from one visit to another or from one website to another.

Personally Identifiable Information (PII) is information that by itself can be used to identify a specific individual. PII includes such things as name, address, phone number, and email address.

What information do we collect?
From Advertisement Viewers: Beacons and cookies collect non-PII activity data and ad viewership information. None of this information is personally identifiable.

From Survey Respondents: All of the above, as well as any brand study related data that is voluntarily shared by the survey responder. None of this information is PII, but some (geographic location, age, etc.) is considered by some to be quasi-PII.

Publicly shared information: We collect publicly shared information on social media platforms that directly relates to the advertisements and brands of our customers.

What do we use collected data for?
We generate advertising campaign analysis reports for our customers (advertisers and their agencies) using anonymized aggregated non-personally identifiable information.

We use cookies to determine, based on observed user activity around an advertising campaign, whether or not the consumer should be served a survey.

We use audience and brand lift survey responses to generate aggregated anonymized reports on the effectiveness of our customers' advertising campaigns.

We use publicly available information found on social media platforms to report social sentiment to our customers regarding their advertisements and brands.

How do we protect your information?
Extreme Reach only reports the information that it collects in the aggregate to our customers in order to provide them with a statistical analysis of ad viewership and related data. Outside of this context, Extreme Reach does not sell any information to third-parties.

Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer our collected information to outside parties, except as discussed above for the limited purposes of Extreme Reach's ad viewership reporting to our customers. We may also release collected information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act.

ER Digital Platform Privacy Policy Only
The ER Digital Platform Privacy Policy applies only to information collected through our ER Digital Platform and not to information collected offline or through use of our website.

Changes to This Policy
Extreme Reach reserves the right to change, modify, add or remove portions of the ER Digital Platform Privacy Policy at any time without notice. We will make every reasonable effort to post changes to our privacy policy clearly and quickly to keep you aware of what information we collect, how we use it, and where we disclose it.

Opt-out
Extreme Reach, Inc. logs non-personally-identifiable information including IP address, profile information, aggregate user data and browser type from visitors and users of the Extreme Reach public website and advertising platform. We track and log this information in order to automate functions, continually streamline our client's workflow, support the latest technologies and provide information that is most relevant to our visitors and clients.

Extreme Reach also tracks and logs conversion, click and viewing data from the websites of companies for which we serve advertisements ("advertisers") and the websites and online services on which we serve advertisements ("publishers"). This anonymous data is used to track general advertising impression and response activities, so our clients can understand which ad experiences are most relevant and resonant with audiences.

Advertisements within the Extreme Reach Platform are encoded with one or more of the following, based on Customer orders and preferences: Closed Captioning, BVS Watermark, Nielsen Watermarks, V-Chip, and Teletrax. In order to opt-out of Nielsen encoding, simply click the "opt-out" checkbox on your Advertiser page within the Platform.

For some advertising solutions, Extreme Reach occasionally gathers information via cookies to provide clients with aggregated campaign information that enables them to produce and run the most relevant, engaging advertisements for their consumer audience. The cookie data is anonymous, does not contain any information that personally identifies any user and is only used in aggregate.

Consumers can opt-out to suspend ER Digital data collection for the browser in question. The consumer's ER Digital tracking cookie will be deleted from the consumer's browser. An ER Digital opt-out cookie will be installed on the browser for the sole purpose of remembering and respecting the consumer's opt-out status.

Please note that ER Digital will continue to record consumer activity around a campaign, such as impressions and clicks, even after opting out. Opting out suspends the storage of an ER Digital browser-associated consumer profile.
Click here to opt-out