Terms of Service

Welcome to EasyEndorse, a service of EasyEndorse, LLC! Before you begin using our service, you must read and agree to the following terms and conditions and policies, including any future amendments (collectively, this "Agreement"). In this Agreement, "we" and "our" refer to EasyEndorse, LLC.

Although we may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version (easyendorse.com/terms-of-service). We may, in our sole discretion, modify or revise this Agreement and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the EasyEndorse service (the "Service"). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

  1. 1. Description of Service.

    The Service is described on our frequently asked questions page at easyendorse.com/faq. Any changes to our service will be noted there from time to time. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. We also reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you, other than to refund fees you paid to us to use the Service after the termination date.

    We reserve the right to lawfully refuse service to anyone at any time without notice for any reason.

  2. 2. Proper Use.

    You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations.

    Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of this Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

    You are responsible for all of the content that is posted in your name using the Service. Although we reserve the right to monitor content, we have no obligation to do so. Therefore, we take no responsibility for any content. Instead, we merely provide you with access to such content as a service to you. You may remove any content about you that you find offensive, harmful or inaccurate. We have no obligation to do so. You must use caution and common sense and exercise proper judgment when using the Service.

    We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.

    By using the Service, you accept any and all risk arising from or in connection with the use of the Service, including without limitation the consequences of doing business with, or declining to do business with, any person, company or organization mentioned or referenced when using the Service. We disclaim all liability arising from or in connection with your use of the Service. This is a material provision of this Agreement. Your access to the Service would not occur but for this provision.

  3. 3. Privacy.

    We may access or disclose your personal or business information, including the content of your postings and information relating to your use of the Service, if we are required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in this Agreement. Personal and business information that we collect may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

  4. 4. General Practices Regarding Use and Storage.

    You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

  5. 5. Content of the Service.

    We take no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content. We reserve the right at all times to remove or refuse to distribute any content on the Service, such as content that violates the terms of this Agreement. We also reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect our rights, property or safety and the rights, property or safety of users and the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.

  6. 6. Intellectual Property Rights.

    You acknowledge that we own all right, title and interest in and to the Service, including all intellectual property rights (the "IP Rights"). Our IP Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service, except for such content as relates to your own testimonials. As described immediately below, our IP Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

    We claim no ownership or control over any Content submitted, posted or displayed by you on or through the Service.  You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Service. You are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Service that is intended to be available to the public, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on the Service. We furthermore reserve the right to refuse to accept, post, display or transmit any Content in our sole discretion.

    You represent and warrant that you have all rights, power and authority necessary to grant the rights granted herein to any Content submitted and that your grant of the rights granted herein does not violate the intellectual property rights of any other person.

  7. 7. No Resale of the Service.

    Unless expressly authorized in a signed writing by us, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

  8. 8. Publicity.

    Any use of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including "EasyEndorse" and "EasyEndorse.com", must be in compliance with this Agreement.

  9. 9. Representations and Warranties.

    You represent and warrant that (a) all of the information provided by you to us in connection with the Service is complete, correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

    We do not guarantee that the Service will be free of problems or errors. As noted above, the Service is provided to you on an AS IS and AS AVAILABLE. WE MAKE NO WARRANTIES, CONDITIONS OR PROMISES TO YOU OR TO ANY THIRD PARTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, OR ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE OR TRADE USAGE.

  10. 10. Termination; Suspension.

    We may, in our sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or to any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 18 of this Agreement shall survive expiration or termination.

  11. 11. Indemnification.

    You agree to hold harmless and indemnify us, and our subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.

  12. 12. Collection Expenses.

    You agree to pay all expenses, including reasonable attorneys' fees and disbursements, reasonably incurred by us in endeavoring to collect any amounts payable by you to us that are not paid when due.

  13. 13. Entire Agreement.

    This Agreement constitutes the entire agreement between us and governs your use of the Service, superseding any prior agreements between us. You also may be subject to additional terms and conditions that may apply when you use or purchase or access additional or affiliate services, third-party content or third-party software.

  14. 14. Waiver; Severability of Terms.

    Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

  15. 15. Statute of Limitations.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  16. 16. Governing Law; Forum; No Juries.

    This Agreement will be governed by and construed in accordance with the laws of Connecticut, without giving effect to its conflict of law provisions or your actual state or country of residence. Any claims, legal proceedings or litigation arising under or in connection with the Service or this Agreement will be brought exclusively in State or Federal courts in Hartford, Connecticut, and you consent to the jurisdiction of such courts. We and you waive all rights to a trial by jury in connection with any action or judicial proceeding.

  17. 17. Headings; Construction.

    The section headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement. The language used in this Agreement is the language chosen by you and us to express our mutual intent. No rule of strict construction shall be applied against you or us.

  18. 18. Electronic Signatures.

    By clicking "I agree to the terms of service" on our Signup Page, you confirm that you executed this Agreement with the intent to be bound by all of its terms and conditions, and we accept this Agreement. Therefore, upon your clicking "I agree to the terms of service," this Agreement is binding on you and us.

Copyright © 2012-2013 EasyEndorse, LLC.  See our terms of service.