Terms of Service
Terms of Service
The information made available through the Services has been compiled from both internal and external sources. Such information may include data prepared by third parties and provided by us or obtained from sources we believe to be reliable, but we cannot and do not guarantee the accuracy, timeliness, or completeness of such information for any particular purpose. Such information is inherently subject to change without notice and may become dated. You agree that we will not be responsible for any loss you experience as a result of your reliance on such information. We use reasonable efforts to make sure that the information available through the Services is accurate and up-to-date. However, we do not represent or warrant that the information contained therein is accurate or complete, and you should therefore verify any information obtained through the Services before you act upon it.
1 – GRANT OF LICENSE
The Services, including all displays, images, video, and audio, as well as the design, selection, and arrangement thereof, are owned/provided by TriForce Management Applications LLC, DBA Electric Ease (“Electric Ease”).
Electric Ease hereby grants to you a non-exclusive, non-transferable, non-sublicensable, world-wide license to use the Services for internal business purposes only subject to the restrictions in this Agreement. Electric Ease reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the Services.
2 – LICENSE RESTRICTIONS
Except as expressly authorized under these Terms, you may not:
(a) copy, modify, or create derivative works of the Services, in whole or in part;
(b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services;
(c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part;
(d) remove any proprietary notices from the Services;
(e) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
(f) combine or integrate the Services with any software, technology, services, or materials not authorized by Electric Ease;
(g) design or permit any applications to disable, override, or otherwise interfere with any Electric Ease communications to end users, consent screens, user settings, alerts, warning, or the like;
(h) use the Services to replicate or attempt to replace the user experience of the Services in another application;
(i) attempt to cloak or conceal your identity when requesting authorization to use the Services;
(j) use the Services in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities; or
(k) use the Services in any manner that Electric Ease determines in its reasonable discretion is abusive or harmful. You also agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that you shall not violate or infringe the rights of any third party. Any such forbidden use shall immediately and automatically terminate your license to use the Services without notice.
3 – FEES / REFUNDS
All charges shall be at the then current prices. Upon entering this Agreement, you must choose to pay by direct charge to a credit or debit card. You hereby authorize Electric Ease to charge your credit or debit card to pay for any charges that may apply to your account as they accrue on a monthly or yearly recurring basis, etc., as applicable. You must notify Electric Ease of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Electric Ease from charging your account. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by Electric Ease. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys’ fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assesses, other than taxes based on Electric Ease’s net income.
Refunds - No refunds shall be given upon cancellation or discontinuation of service. There are no prorated refunds for unused time and no refunds of any setup fee or custom code performed.
Electric Ease reserves the right to change or make exceptions to the fee structure and refund policy at any time and for any reason.
4 – TERM AND TERMINATION
This Agreement may be terminated by any party immediately for any reason or no reason. Upon any termination of this Agreement, you shall immediately discontinue use of the Services. Sections 2, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive the termination, cancellation, or discontinuance of this Agreement.
5 – YOUR INFORMATION
You agree to provide true, accurate, current and complete transactional information and any information about your Electric Ease and to maintain and promptly update such information to keep it true, accurate, current and complete.
6 – USER NAME AND PASSWORD
You will receive a user name and password during the implementation process. You will be required to provide certain registration details or other information and become a registered user before accessing certain features of the Services. It is a condition of your use of the Services to ensure all the information you provide is correct, current, and complete. You are fully responsible for maintaining the confidentiality of your user name and password and all activities that occur under your user name and password. Your user name and password are for your use only. You agree to immediately notify Electric Ease by e-mail at firstname.lastname@example.org of any unauthorized use of your password or account or any other breach of security. You must exit from your account at the end of each session and use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen or provided, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms.
7 – MODIFICATION DISCONTINUATION OF SERVICES
Electric Ease may, in its sole discretion and at any time, modify or discontinue the Services, or any part thereof. For modified services, you may be requested to accept a modification or new Terms when you login to your account. If you do not accept the amended Terms, you will not have access to the Services.
Electric Ease or its suppliers may discontinue or make changes in products, services and information provided through our Services at any time without notice. Any dated information is published as of its date only and we do not undertake any obligation or responsibility to update or amend any such information.
8 – PROPRIETARY RIGHTS
The Services, including, without limitation, any of Electric Ease’s Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of Electric Ease, and you shall have no interest in them whatsoever.
All right, title, and interest in and to the Services, except for information and content generated by you and third-parties, are and will remain our exclusive property. Our intellectual property rights in the Services are protected by copyright and trademark laws of the United States and international treaties, as well as other domestic and international laws. Nothing in these Terms gives you a right to use our trademarks, logos, domain names, and other distinctive brands. There is also nothing in these terms that gives you the right to copy the Services, to copy any feature or portion of the Services, or create a derivative of the Services, all of which is expressly prohibited. Any feedback, comments, or suggestions you may provide regarding the Services are entirely voluntary and we will be free to use your feedback, comments, or suggestions as we see fit and without any obligation or approval to you whatsoever.
9 – USER CONDUCT; USE BY OTHERS
You are solely responsible for the contents of your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.
You agree to monitor the use of the Services by any other person, whether an employee, agent, or otherwise, who is acting on your behalf, at your direction, or using your online account, for any activity that violates applicable laws, rules, and regulations or any of these Terms, including any fraudulent, inappropriate, or potentially harmful behavior, and promptly restrict any offending users of the Services from further use of the Services. You agree to provide a resource for users of the Services to report abuse of the Services at your operations. As between you and us, you are responsible for all acts and omissions of your end users in connection with yours and their use of the Services. You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations for their use of the Services and you represent and warrant that you have provided such notices and obtained such consents before submitting or allowing end users to submit information to us.
10 – INDEMNIFICATION
You agree to immediately notify Electric Ease of and indemnify and hold Electric Ease, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, (including the unauthorized use of your account or any other breach of security known to you), the violation of this Agreement by you, or the infringement by you, or another user using your computer, on any intellectual property or other right of any person or entity.
11 – DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ELECTRIC EASE (INCLUDING, WITHOUT LIMITATION, ITS INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT OF ELECTRIC EASE (COLLECTIVELY, “ELECTRIC EASE THIRD PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, OR PERSONALIZATION SETTINGS.
ELECTRIC AND ELECTRIC EASE THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT.
NEITHER ELECTRIC EASE NOR ANY ELECTRIC EASE THIRD PARTIES MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR OR VIRUS FREE; NOR DO ELECTRIC EASE OR ANY ELECTRIC EASE THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE DRIVING THE SERVICES WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT GUARANTEE THE SECURITY OF THE SERVICES OR THE PREVENTION FROM LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR ACCOUNT INFORMATION OR DATA, OR THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.
WE MAY MODIFY, SUSPEND, OR DISCONTINUE OFFERING THE SERVICES AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE OR COMPENSATION TO YOU. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE, OUTAGE, OR ANY OTHER REASON WHATSOEVER. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER RELATING TO OR RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, DELETION OF FILES, LOSS OR MODIFICATION OF CONTENT OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ANY SERVER, RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT LIMITED TO CIRCUMSTANCES BEYOND OUR CONTROL.
THE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY SITES NOT AFFILIATED WITH US IN ANY WAY. THESE LINKS ARE PROVIDED TO YOU ONLY AS A CONVENIENCE AND ARE NOT UNDER OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, OR ANY LINK CONTAINED ON A SITE LINKED THROUGH THE SERVICES. THE LINKS WE PROVIDE DOES NOT IMPLY THAT WE HAVE ENDORSED ANY THIRD-PARTY SITE THAT A LINK IS PROVIDED FOR.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION ON WWW.ELECTRIC-EASE.COM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12 – LIMITATION OF LIABILITY
IN NO EVENT WILL TRIFORCE MANAGEMENT APPLICATIONS LLC, DBA ELECTRIC EASE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, OR ANY ELECTRIC EASE THIRD PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, USE, DATA OR OTHER INTANGIBLES, , WHETHER THE CLAIM IS BASED UPON CONTRACT, BREACH OF WARRANTY, TORT, OR OTHER THEORY, RESULTING FROM OR CONCERNING THE USE OR THE INABILITY TO USE THE SERVICES OR YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED YOUR PAST 6 MONTHS OF FEES PAID TO THE ELECTRIC EASE. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT. TRIFORCE MANAGEMENT APPLICATIONS LLC, DBA ELECTRIC EASE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
- ANY ERRORS IN OR OMISSIONS IN THE SERVICES AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
- ANY ERRORS OR OMISSIONS FROM RESULTING FROM YOUR USE OF THE SERVICES;
- ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
- THE UNAVAILABILITY OF THE SERVICES, OUR SITE, OR ANY PORTION THEREOF,
- YOUR USE OF THE SERVICES AND/OR ANY ERRORS OR OMISSIONS IN DATA ENTRY BY YOU, OR
- YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.
YOU MUST COMMENCE ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13 – NOTICES
Unless otherwise provided herein, notices given by Electric Ease to you will be given by e-mail. Notices will be sent to the e-mail address you provide to Electric Ease as part of the registration process, or to updated addresses which you provide to Electric Ease via notice consistent with this paragraph. Notices given by you to Electric Ease must be given by e-mail to email@example.com or such updated address and number as Electric Ease may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the e-mail address last provided by you to Electric Ease shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.
14 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Iowa notwithstanding any conflict of law’s provisions. You irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts of Iowa (the “Iowa Courts”) for any litigation or controversy arising out of or relating to these Terms, (ii) agree not to commence any litigation arising out of or relating to these Terms except in the Iowa Courts and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.
15 – GENERAL
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. These Terms may be assigned in whole or in part by the Electric Ease. These Terms may not be assigned in any manner by you without the express, prior written permission of the Electric Ease.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver will be in writing and signed by the waiving party. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms of Service at any time in our sole discretion by posting such revised Terms of Service at the Terms of Service link (i.e., this webpage that you are currently viewing) or elsewhere in this Website. The contents of the Terms of Service may be altered at any time, at our discretion. Please review the Terms of Service link on a regular basis for changes. Continued use of our Site following any change constitutes your acceptance of the change.
If you have questions regarding the Terms of Service, please contact us at firstname.lastname@example.org.