Terms and Conditions
AGREEMENT TO TERMS
The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the software from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The software is intended for users who are at least 18 years old. Persons under the age of 16 are not permitted to use or register for the software.
By using the software, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the software through automated or non-human means, whether through a bot, script or otherwise;
(7) your use of the software will not violate any applicable law or regulation;
(8) you will not reproduce, duplicate, copy, sell, resell or exploit access to the software, use of the software, or any portion of the software, including, but not limited to the visual design elements thereof without our expressed, written permission in each instance; and
(9) you will not to modify, reverse engineer, adapt or otherwise tamper with the software.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the software.
The parties agree to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or subcontractors of a party who have a need to know in connection with this Agreement or to use such Confidential Information for any purposes whatsoever other than the performance of this Agreement. The parties agree to advise and require their respective employees, agents, and subcontractors of their obligations to keep such information confidential.
For the purposes of this Agreement, the term "Confidential Information" shall mean all information and documentation of a party that:
(a) has been marked "confidential" or with words of similar meaning, at the time of disclosure by such entity;
(b) if disclosed orally or not marked "confidential" or with words of similar meaning, was subsequently summarized in writing by the disclosing entity and marked "confidential" or with words of similar meaning;
(c) whether marked "confidential" or not, consists of information and documentation included within any of the following categories:
(i) customer, supplier, or contractor lists;
(ii) customer, supplier, or contractor information;
(iii) information regarding business plans (strategic and tactical) and operations (including performance);
(iv) information regarding administrative, financial, or marketing activities;
(v) pricing information;
(vi) personnel information;
(vii) products and/or and services offerings (including specifications and designs); or,
(viii) processes (e.g., technical, logistical, and engineering); or,
(d) any Confidential Information derived from information of a party. The term "Confidential Information" does not include any information or documentation that was:
(A) already in the possession of the receiving entity without an obligation of confidentiality;
(B) developed independently by the receiving entity, as demonstrated by the receiving entity, without violating the disclosing entity’s proprietary rights;
(C) obtained from a source other than the disclosing entity without an obligation of confidentiality; or,
(D) publicly available when received, or thereafter became publicly available (other than through any unauthorized disclosure by, through or on behalf of, the receiving entity).
EASYSOFT REPRESENTATIONS AND COVENANTS
We represent that:
(i) we have reasonable security measures in place to protect the loss, misuse and alteration of the information under our control;
(ii) the Software conforms in all material respects with the descriptions of the functionality thereof in our documentation describing the Software; and
(iii) the Software and any other services performed us is our own work, and does not infringe upon any United States copyright, patent or other proprietary right, or misappropriate any trade secret, of any third party.
We agree to
(i) hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or subcontractors of a party who have a need to know in connection with this Agreement or to use such Confidential Information for any purposes whatsoever other than the performance of this Agreement,
(ii) use our best efforts to ensure that no computer viruses, malware, or similar items are introduced into your computer and network environment while using the Software and
(iii) advise you immediately in the event either party learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement and each party will cooperate with the other party in seeking injunctive or other equitable relief against any such person.
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the software, with or without notice, except that we shall endeavor in good faith to provide you with thirty (30) days’ notice of any modification that materially reduces the functionality of the software. Continued use of the software following any modification constitutes your acceptance of such modification.
We reserve the right to temporarily suspend access to the software for maintenance, repairs or installation of upgrades, and will endeavor to provide no less than two (2) days’ notice prior to any such suspension. Such notice shall be provided to you in advance through by way of notification within the Service, email or other notification method we deem appropriate. Further, we will endeavor to confine planned operational suspensions with a best effort to minimize disruption, but reserve the right to temporarily suspend operations without notice at any time to complete necessary repairs.
FEES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. Any late payment shall be subject to a 5% late fee, and shall bear interest at the lesser of (a) 15% per annum or (b) the highest rate allowed by applicable law.
License purchases are made on an annual or monthly basis with a 12-month commitment. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. Your purchase is subject to recurring charges and you are giving consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us in writing of your cancellation. Renewal occurs on the anniversary of the original purchase date. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the website.
You can cancel your subscription within 3 days of the conclusion of your trial period or within 14 days of the renewal of your contract by contacting us using the contact information provided below, otherwise you will be responsible for the remainder of your contracted service.
Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at firstname.lastname@example.org or call us at (800) 905-7638.
You shall retain full all ownership rights in all of your data and trademark, logos and other intellectual property rights, including the data of third parties which you add to the Software.
TERM AND TERMINATION
Each party hereto (each, an "Indemnitor") shall indemnify, defend, and hold the other party and its officers, directors, agents, and employees (each, an "Indemnitee" and collectively, the "Indemnitees") harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, or judgments (collectively "Claims"), including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from any such Indemnitee, by reason of any Claim arising out of or relating to any gross negligence, intentionally misconduct or breach of this Agreement of or by such Indemnitor during the Term hereof, including, without limitation, Claims arising out of or relating to: (a) bodily injury (including death) or damage to tangible personal or real property; (b) violation of any law; (c) computer viruses, malware, or similar items; or, (d) breaches of any representations made under this Agreement; provided, however, that the foregoing indemnity shall not apply to the extent that the applicable Claim resulted from the acts or omissions of the Indemnitee, its officers, directors, agents, or employees.
NOTWITHSTANDING ANY OTHER PROVISION SET FORTH HEREIN, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE FOREGOING EXCULPATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO DAMAGES INCURRED AS A RESULT OF THE GROSS NEGLIGENCE OR WILFULL MISCONDUCT OF A PARTY. This Section shall survive the termination of this Agreement
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. Each party hereto hereby consents and submits to the jurisdiction and forum of the state and federal courts in the State of New Jersey in all questions and controversies arising out of this Agreement. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and third party legal fees.
In order to resolve a complaint regarding the software or to receive further information regarding use of the software, please contact us at:
212 North Center Drive
North Brunswick, NJ 08902