Let’s Work Together To Get You Leads!
We’re excited to have you onboard and can’t wait to get started on your new LeadSite! Before we begin, please review this easy to understand service agreement and let us know if you have any questions.
LeadSites Monthly Service Plan Includes:
- Amazing Support
- Access to our proprietary apps
- IDX to get your listings onto your site (comes with most plans)
- Managed Hosting
- Access to product webinars
- Access to our private Facebook Group
- 2 blogs per week
- Access to stock photo library included
- Continual upgrades
- No long-term service contract
Client may terminate Services with a 30 day written notice. The effective date of cancellation will be 30 days from the date of EAP’s receipt of written notice to terminate or cancel hosting. Any monthly fees scheduled to bill after receipt of written notice to terminate or cancel, are valid and Client agrees to pay such amounts. Requests for cancellation of Services should be made by visiting the following website: https://www.easyagentpro.com/billing. Client agrees that there is NO REFUND of monthly fees or monthly additional service fees incurred or paid by Client prior to cancellation date. Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. Client agrees to pay $50.00 cancellation fee when cancelling within the first 6 months.
Terms Of Service
By signing up, and interacting with Easy Agent PRO you accept Easy Agent PRO’s Terms of Service. At the time of purchase, Easy Agent Pro has produced and delivered the product. Due to the real-time delivery of this Product, I waive my right to dispute charges, and accept Easy Agent Pro’s Terms of Service.
These Terms of Service (“TOS”) are legally binding on all Clients of Three Words LLC dba Easy Agent Pro, including all of its divisions and subsidiaries (collectively “EAP”).
- Acceptance of Terms
By accepting EAP’s TOS, electronically or in writing, and/or by using or engaging EAP’s services, including but not limited to, submission of content to EAP, and payment or authorization of payment, Client agrees to be bound by these terms and conditions. Client also agrees that Client’s electronic acceptance of the TOS shall have the same force and effect as if Client had agreed to the TOS in writing. EAP provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client may review the most current version of the TOS at https://www.easyagentpro.com/terms-use/. Failure to comply with the TOS may result in account termination or suspension. By using EAP’s services, Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS at the point of sale, Client agrees to (and hereby signs) the TOS and EAP is instructed to commence and continue work on Client’s website as if Client had expressly accepted the TOS. By engaging EAP’s services and using EAP’s products, Client agrees that they are solely responsible for all content posted by them on their EAP site. If Client violates copyright protections by posting copyrighted content to Client’s EAP site that you do not license or own, Client assumes sole responsibility for any resulting infringement claims or litigation. If EAP is named as a party to any copyright-infringement-litigation because of content that the Client has posted to their site without the proper authorizations, they agree to fully indemnify EAP. Client also agrees to pay all of EAP’s related attorney’s fees and costs. If EAP is made aware that Client has repeatedly infringed the copyright(s) of others, the Client will be terminated as an EAP client.
- Description of Services
EAP designs and hosts websites, provides Internet-based marketing services, and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, web-traffic reporting, database development, CRM, easy interface for updating the website, IDX, email accounts and additional website-related services (“Services”). Client understands that EAP’s services may include certain communications from EAP such as advertisements, notices, text messages, voicemail, service announcements and newsletters. Client is responsible for obtaining access to EAP’s services that may involve third party fees (including but not limited to,ISP, merchant accounts and gateways). Client is responsible for all equipment and software necessary to access EAP’s services.
- Electronic Delivery Policy
EAP is a website-related business and communicates with its Clients electronically. When a Client accepts the TOS, Client consents to receive electronically from EAP any notices, progress reports, agreements, disclosures, or other communications (Notices). All Notices from EAP are effective at the time they are sent by EAP, regardless of whether the Notice is read or received by Client.
- Confidential Information
- Call Monitoring and Recording Privacy Statement
As part of EAP’s commitment to providing its Clients with the best possible service, EAP may monitor and record telephone calls to and from EAP. EAP also may archive recorded voice mail messages. EAP records telephone calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the telephone. EAP undertakes such actions in order to enable it to identify how to better serve its Clients.
- Unacceptable Practices
As EAP strives to offer the very best Services, there are certain guidelines and policies that must govern EAP’s efforts and relationships with its Clients. Practices that are in violation of these guidelines and policies are forbidden and will result in the immediate termination of EAP’s Services. Client acknowledges and agrees that EAP has sole discretion over decisions regarding compliance with these guidelines and policies. Unacceptable practices include, but are not limited to:
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Sexually oriented products or material
- Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Offensive or otherwise distasteful material
- Bulk emailing tools
- Distribution of internet viruses or other harmful or destructive activities
- Gambling, gaming, lotteries, and similar activities
- Harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racial, chauvinistic, ethnically offensive or otherwise objectionable content or language
- Defamatory, hateful or revenge content or language.
- Content or language that is harmful to minors in any way
- Illegal activities such as Ponzi schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
- Intentional or unintentional violations of any applicable local, state, national or international law.
- Reselling email accounts or hosting accounts to third parties
- Reselling of any EAP services including, but not limited to, design services and updates to third parties without a written re-seller agreement.
- Spamming and all other forms of unsolicited messages including, but not limited to, spam, pyramid schemes, chain letters, and junk email
- Links to other sites that are in violation of EAP’s policies and guidelines
- Other activities, whether lawful or unlawful, that EAP deems to be in poor taste or that reflect adversely on EAP or EAP’s other clients
- EAP reserves the right to refuse to design or host an account at its sole discretion at anytime.
As an EAP Client, you agree to conduct your business in a legal and professional manner. As an EAP Client, you acknowledge and agree that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of Client. Client is fully responsible for all website content on Client’s EAP-provided site and agrees to hold EAP harmless in the event third parties’ bing suit against Client for Client’s business practices, including but not limited to, suits for copyright or trademark infringement. EAP retains the right to terminate any accounts that are in violation of the letter or spirit of this TOS. At its sole discretion and at any time, EAP may discontinue providing Services, or any part thereof, with or without notice. If an account is terminated by EAP for a TOS violation, Client is not eligible for a full refund and any refund is subject to the Termination/Cancellation of Services Policy. (See Termination/Cancellation of Services at Section 30). As a EAP Client you may have access to editing tools for your website. Client may edit, add, or delete content to or from the website at anytime. Accordingly, EAP may or may not pre-screen content. EAP shall have the right, but not the obligation, to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by EAP, including any reliance upon accuracy, usefulness or completeness. Client acknowledges that EAP may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of EAP and the public.
- DATA PRIVACY LAW
Client agrees, represents and warrants that it will comply with all applicable data privacy law and regulation with respect to the collection and use of the personal information of Client’s consumers and customers through Client’s Lead Site. Client agrees and acknowledges that, under applicable data privacy law, Client is the data controller with respect to the personal data of Client’s consumers and customers through Client’s LeadSite. Client agrees that it is solely responsible for compliance with all applicable data privacy law and regulation with respect to the data of those subjects, and will defend, indemnify and hold harmless EAP from any and all claims, actions, demands, lawsuits and expenses of any kind, including attorneys’ fees, arising from the processing of personal data of Client’s consumers and customers through Client’s LeadSite, or any alleged violation of applicable data privacy law with respect to such data.
- ACCEPTABLE USE POLICY
This AUP is incorporated by reference in your hosting services agreement with Easy Agent Pro.Your services may be suspended or terminated for violation of this Acceptable Use Policy (“AUP”) in accordance with the TOS.Inquiries regarding the AUP should be directed to [email protected]AbuseClient may not use EAP’s Mail Service or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Interference with service to any user of the EAP or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization;
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
- Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or
- Any conduct that is likely to result in retaliation against the EAP network or website, or EAP’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
Bulk EmailClient may not use a EAP Mail Service to send bulk mail. Please see the applicable Product Terms and Conditions for those services.Mail RequirementsClient shall comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, Client’s bulk and commercial email must meet the following requirements:
- Client’s intended recipients have given their consent to receive email from you via some affirmative means, such as an opt-in procedure;
- Client’s procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
- Client retains evidence of each recipient’s consent in a form that can be promptly produced on request, and you honor recipient’s and EAP’s requests to produce consent evidence within 72 hours of receipt of the request;
- Client has procedures in place that allow a recipient to revoke their consent – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line; Client honors revocations of consent within 48 hours, and notifies recipients that the revocation of their consent will be implemented in 48 hours;
- Client must post an email address for complaints (such as [email protected]) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- Client has the means to track anonymous complaints;
- Client may not obscure the source of an email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Client’s emails must include the recipient’s email address in the body of the message or in the “TO” line of the email;
- The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information; and
- Client must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
These policies apply to messages sent using EAP services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your EAP service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you. EAP may test and otherwise monitor your compliance with its requirements. EAP may block the transmission of email that violates these provisions. EAP may, at its discretion, require certain Clients to seek advance approval for bulk and commercial email, which approval will not be granted unless the Client can demonstrate that all of the requirements stated above will be met.Unsolicited CommunicationsYou may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.Vulnerability TestingYou may not attempt to probe, scan, penetrate or test the vulnerability of a EAP system or network, or to breach EAP’s security or authentication measures, whether by passive or intrusive techniques, without EAP’s express written consent.Newsgroup, Chat Forums, Other NetworksYou must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums. You must comply with the rules of any other network you access or participate in using your EAP services.Offensive ContentYou may not publish, transmit or store on or via EAP’s network and equipment any content or links to any content that EAP reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person’s privacy;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- infringes on another person’s copyright, trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to EAP; or
- is otherwise malicious, fraudulent, or may result in retaliation against EAP by offended viewers or recipients, or is intended to harass or threaten.
Content “published or transmitted” via EAP’s network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.Copyrighted MaterialYou may not use EAP’s network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
- you are otherwise permitted by established copyright law to copy the work in that manner.
It is EAP’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.Email Retention PolicyThe following rules apply to the retention of e-mails in e-mail account hosted on EAP Mail Servers.
- All email in your inbox or personal folders that is either unread or marked unread will be deleted after 90 days.
- All read email will be retained indefinitely as long as you do not exceed the maximum storage quota for your mailbox. You can determine the available storage space by logging on to EAP Webmail.
- All email in the trash folder will be deleted after 30 days.
- All email in the Spam detector folder will be deleted after 30 days.
- You must have valid and current information on file with your domain name registrar for any domain hosted on the EAP network.
- You may only use IP addresses assigned to you by EAP in connection with your EAP services.
- You agree that if the EAP IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and EAP may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
SLANo credit will be available under a EAP service level agreement for interruptions of service resulting from violations of the AUP.
- Intellectual Property Policy
EAP respects copyright laws and the intellectual property of others. EAP may terminate Services and/or accounts for copyright infringement. EAP will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to EAP is original content and free from third-party copyright or trademark protection, or to obtain permission to use copyrighted or trademarked materials from the copyright or trademark owner. Client assumes full liability for any infringement of any third-party’s copyright or trademark rights as a result of the use of protected materials on Client’s website, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website. (See Unacceptable Practices) Client content that is sent to EAP will remain the intellectual property of Client. EAP does not return original content to Client. Unless a request to return the original content to Client is made in writing upon submission of the content, the content will be destroyed. EAP will attempt to honor requests to return original content, however, EAP has no liability and does not guarantee the return of any content to Client.
- International Use
Recognizing the global nature of the Internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with all laws regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business.
- Interstate Communications
Client acknowledges that by using EAP’s Services Client will be causing communications to be sent through EAP’s computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of EAP’s services results in interstate data transmissions.
- Progress Reports
EAP shall contact or meet with Client on a mutually acceptable schedule to report all tasks completed, problems encountered, and recommended changes relating to the development and testing of the website. EAP shall inform Client promptly by telephone or e-mail upon discovery of any event or problem that may delay significantly the development of the design work.
- Technical Support
EAP’s technical support department can be contacted at [email protected] for any concerns with Client email accounts or any problems with hosting or functionality of the Services and/or website after the Services and/or website are live. If Client uses EAP’s technical support services, including but not limited to screen share sessions, Client acknowledges and understands that EAP does not warranty that technical support services will meet Client’s requirements or be error free.
- Customer Service
EAP strives to offer the best service available. Customer service complaints or concerns should be emailed to [email protected]
- Marketing Representations
EAP makes no representations as to the marketing of Client’s products, services or sales.
- Billing Policy
EAP accepts payment via credit card and EFT debit from Client’s bank account. Upon Client’s authorization of payment to EAP via credit card, or EFT debit payment, Client thereby authorizes all recurring monthly hosting and/or additional services fees to be charged to the same method of payment, credit card or EFT account for future charges until such authorization is withdrawn by Client in writing. The Client may change payment methods including credit card and EFT debit payments with 30 days notice. To change payment methods Client should contact EAP’s billing department. Client should not email new billing information for security purposes. EAP reserves the right to change prices at any time.
Customer understands there are no refunds provided for unique sales offers and specials on products, such as discounts on annual plans or upgrades where the product or service has been delivered.
- Billing Disputes
Client acknowledges the unique nature of the product delivered and the immediate build, delivery of the Leadsite and subsequent costs associated with the product. Client also acknowledges that there is no long-term contract required and in exchange the Client agrees to abide by our 30 day advance notice cancellation process and Client agrees not to dispute the charges. Any questions regarding billing should be must first directed to EAP’s billing department through [email protected] and allow up to ten (10) business days for a response. If Client initiates a credit card dispute, EAP’s billing department will provide Client with all documentation and turn the matter of collecting on the payment over to a collections agency. At this point, we will no longer be able to service the agent as a client through support or billing communication channels. EAP charges a $200.00 fee to handle unauthorized credit card disputes. If EAP does not receive payment in full when due, EAP may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. EAP may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney’s fees billed to EAP for collecting unpaid amounts due and owing from Client.
- Easy Agent Pro’s Proprietary Rights
Client acknowledges and agrees that EAP’s Services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of EAP’s Services or proprietary or confidential information. EAP does not provide direct access, through File Transfer Protocol or other means, to any proprietary technology.
- Third-Party Services
From time to time third parties may offer services to EAP’s clients. Use of such third-party services will be at Client’s own risk and subject to the terms and conditions of those third parties. Third-party services, including but not limited to, IDX, VOW, and other MLS services, are the responsibility of and shall be paid by Client to its chosen provider. EAP does not represent or warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that Client will be able to access EAP’s services. Client also agrees that EAP is under no obligation to provide Client with any enhancements, updates, or fixes to make EAP’s services accessible through any third-party applications.
- Disclaimer of Warranties
CLIENT’S USE OF EAP’S SERVICES IS AT CLIENT’S OWN RISK. EAP’S SERVICES ARE PROVIDED “AS IS”. EAP DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW 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 OF PROPRIETARY RIGHTS. EAP DISCLAIMS ANY WARRANTIES REGARDING EAP’S SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. EAP DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EAP’S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. EAP DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. EAP DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH EAP’S SERVICES, OR LINKS PROVIDED BY EAP’S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY EAP OR OBTAINED THROUGH LINKS PROVIDED THROUGH EAP’S SERVICES. CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EAP’S SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
- Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT EAP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN IF HWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE EAP’S SERVICES, RELIANCE ON EAP’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF EAP’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.) THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH EAP’S SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO EAP’S SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO EAP’S SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT. Without limiting the foregoing, under no circumstance shall EAP be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. EAP’s full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to EAP.
- Tort Claims
Client waives all tort claims against EAP, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission.
Client agrees to defend, indemnify and hold harmless EAP, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through EAP’s Services, from any product sold by Client, its agents or employees or assigns, from any Services provided or performed or agreed to be performed by EAP or from Client’s violation of the TOS or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless EAP, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
Unless otherwise specifically provided, all notices required or permitted by the TOS shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by email (to the address below) as confirmation of the request.[email protected]
In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of the TOS shall remain valid and enforceable according to its terms.
The TOS agreement shall be governed by the laws of the State of Kansas. All legal proceedings are to be submitted exclusively to the jurisdiction of the courts in the State of Kansas.
In lieu of litigation, Client agrees to binding arbitration if requested by EAP. Arbitration will be through the Better Business Bureau or other neutral third-party Arbitrator to be selected by EAP. If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. (See Billing Disputes)
EAP may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.
- Electronic Signatures
Selecting and submitting “accept” on the electronic copy of the TOS, submitting content through the DMP, making payment, or submitting information or documents to EAP so that EAP may perform services for the Client, the same shall constitute an electronic signature.
- General Information
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of EAP. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this TOS. 51. Copyright NoticeAll content on this site, including text, graphics, logos, icons, images, audio clips, and software, is the property of EAP or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Juniper Networks, Inc. and is protected by U.S. and international copyright laws. All software used on this site is the property EAP or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. Send all notices to the following. Please send by email for prompt attention. Easy Agent PRO 15056 Antioch Rd Overland Park, KS 66221(800) 327-6623 [email protected]easyagentpro.com