Terms of Service of EZ Inspections
hyperlinks set forth below. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "I HAVE READ AND AGREE TO THE ABOVE TERMS" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. ACCOUNT SIGN UP.
To use the Service, You agree to: (a) provide certain limited information about You to Harmonisoft (such information to be current, complete and accurate) and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Harmonisoft discovers that any of Your Registration Data is inaccurate, incomplete or not current, Harmonisoft may terminate Your right to access and receive the Service immediately upon notice. Harmonisoft will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. Harmonisoft may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. Harmonisoft reserves the right to refuse the Service to any user who has cancelled any number of previous Service accounts. Harmonisoft needs not provide a reason for its rejection. If Harmonisoft rejects Your application, then You may reapply and Harmonisoft will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to Harmonisoft, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with Harmonisoft and will become a subscriber to the Service.
(1) Description of Service.
The Service provides the registered user with tools to advertise, manage, deploy and complete field service orders using handheld devices or over the internet. Harmonisoft makes the Service available under a number of different subscription plans. Please confirm that the plan for which You are signing up meets Your needs. To use the Service on your handheld devices, you will need to download EZ Inspections client software to each handheld device that you would like to use. Each handheld device that you wish to use to synchronize data with your ezinspections.com account needs to have internet access when synchronization is being conducted.
(2) Fees and Payments.
You can always find the current Subscription Fees and charges posted under My Account on the ezinspections.com web site. Your subscription will continue and renew automatically unless terminated by Harmonisoft, You or until You notify Harmonisoft of Your decision to change Your subscription renewal. For cancellation instructions, log in to your account and click on the My Account page. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card or to your mailing or email address designated during the registration process for ezinspections.com, or subsequently designated to Harmonisoft at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with Your subscription for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable unless expressly stated otherwise. You are also responsible for any fees or charges incurred to access ezinspections.com through an Internet access provider or other third party service. Harmonisoft may change the fees and charges then in effect, or add new fees or charges, by giving You notice in advance. YOU, AND NOT Harmonisoft, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. This Agreement is personal to You, and You may not assign Your rights or obligations to anyone.
(3) Payment Information.
As a condition to your right to use the Service, You must provide us with valid payment information, e.g., credit card number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize Harmonisoft, from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, or you fail to pay Harmonisoft within the specified time period on any Harmonisoft invoice, you will be in violation of this Agreement, and Harmonisoft may terminate this Agreement with You. Harmonisoft does not accept debit cards for payment of Service Fees. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this Agreement to your debit card account.
(4) Free Accounts, Trial Offers, Coupons, Credits and Special Offers.
Harmonisoft reserves the right to discontinue or modify free accounts, coupons, credits and special promotional offers at our discretion. The Free Account offers registered users limited access to ezinspections.com services. Each company and/or person is limited to one Free Account. The Free Trial offer associated with ezinspections.com entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer. Harmonisoft reserves the right to terminate any user account that is determined by Harmonisoft to have violated any term in the Terms of Services.
2. USER CONDUCT AND PROPRIETARY RIGHTS
(1) No Resale of the Service.
Your right to use the Service is personal to You. You may be either an individual, a corporation or a business entity, but You agree not to resell the use of the Service, any downloadable plug-in, client software on handheld devices or other materials or any information obtained by You without the express written consent of Harmonisoft.
You are solely responsible for the content of Your transmissions through the Service. Harmonisoft does, however, reserve the right to take any action with respect to the Service that Harmonisoft deems necessary or appropriate in Harmonisoft's sole discretion if Harmonisoft believes You or Your transmissions or use of the Service may create liability for Harmonisoft. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, user privacy, unfair competition, anti-discrimination or false advertising). You agree: (a) to comply with all United States and international laws, rules and other regulations applicable in connection with the Service; (b) not to use the Service for illegal purposes; (c) not to interfere or disrupt networks connected to the Service; (d) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (e) not to transmit through the Service, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use of the Service.
(3) Proprietary Rights.
In accordance with Your authorized use of the Service, Harmonisoft grants You a limited license to use the client software on handheld devices, and client plug-in solely in connection with the Service offered by Harmonisoft. You acknowledge that the client software and plug-in downloaded in connection with the Service is proprietary to Harmonisoft and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this client software or plug-in as expressly authorized by the Service and these Terms. Further, ezinspections.com, EZ Inspections, Harmonisoft, their logos, and other names, logos, icons and marks identifying Harmonisoft's products and services are trademarks of Harmonisoft and may not be used without prior written permission of Harmonisoft. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. You may not copy, reproduce, distribute or create derivative works of the Service and its client software or plug-in without expressly being authorized to do so by Harmonisoft. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the plug-in. All rights not expressly granted in these Terms are reserved to Harmonisoft.
Harmonisoft may amend these Terms at any time by (a) posting a revised Terms of Service document in Your EZ Inspections account on https://www.ezInspections.com or on the EZ Inspections mobile application, and/or (b) sending information regarding the Terms amendment to the email address You provide to Harmonisoft. You manifest intent to accept these amended terms if You continue to use Your service account after such amended terms have been posted or information regarding such amendment has been sent to You.
5. PASSWORDS AND SECURITY.
As part of the Service, You will choose Your account login and You will choose Your passwords for access to this account and to Your handheld devices. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Harmonisoft of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.
Harmonisoft may immediately terminate Your right to use the Service if (a) You breach these Terms; (b) Harmonisoft is unable to verify or authenticate any information You provide to Harmonisoft; (c) such information is inaccurate; or (d) Harmonisoft decides, in its sole discretion, to discontinue offering the Service. Harmonisoft shall not be liable to You or any third party for termination of the Service. You may terminate Your Account and end Your use of the Service at any time, for any reason or for no reason. For cancellation instructions, log in to your account and click on the My Account page. Upon termination of Your account, You shall remain liable for all fees incurred or accrued by You, and any fees you may have paid in advance are nonrefundable. Upon expiration or termination for any reason, You are no longer authorized to use the Service or Software. When this Agreement is terminated and/or Your Account is cancelled, You will no longer have access to data and other material You have stored on the Site through the Service. You may request for historic data and other material from Harmonisoft after expiration or termination of the Service, in which Harmonisoft will attempt to retrieve for You if the requested data and material is available and may charge You a fee for the retrieval.
7. MAINTENANCE AND UPDATES.
You understand that Harmonisoft may update the Software at any time, some major and some minor such as a change to the font or color of the user interface. Harmonisoft will make attempts to notify You of major maintenance and updates, however, Harmonisoft is under no obligation to inform You of or furnish to You all or any such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Software or supporting documentation. To the extent that Harmonisoft supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless Harmonisoft indicates otherwise. Harmonisoft reserves the right to charge fees for any future versions of, or updates to, this Software.
8. DISCLAIMER OF WARRANTIES.
HARMONISOFT REPRESENTS THAT THE SERVICE WILL BE PROVIDED TO YOU IN A PROFESSIONAL AND WORKMANLIKE MANNER. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. HARMONISOFT EXPRESSLY DISCLAIMS 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. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING SOFTWARE ON HANDHELD DEVICES AND PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HARMONISOFT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY.
(1) EXCEPT IN THE EVENT OF HARMONISOFT'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN WHICH HARMONISOFT'S AGGREGATE LIABILITY WILL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, THE TOTAL AGGREGATE LIABILITY OF HARMONISOFT FOR ANY DIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR LOST USE) UNDER OR IN CONNECTION WITH THIS AGREEMENT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE WILL, TO THE EXTENT PERMISSIBLE BY LAW, NOT EXCEED AN AGGREGATE DOLLAR AMOUNT EQUAL TO THE FEES ACTUALLY RECEIVED BY HARMONISOFT UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
(2) HARMONISOFT SHALL BE EXCUSED FROM PERFORMANCE OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND HAVE NO LIABILITY TO YOU IF THE SERVICE IS PREVENTFD FROM PERFORMING ANY OF ITS OBLIGATIONS, IN WHOLE OR IN PART, AS A RESULT OF A MATERIAL DELAY CAUSED BY YOU OR BY AN ACT OF GOD, WAR, TERRORISM, CIVIL DISTURBANCE, COURT ORDER, INFRASTRUCTURE FAILURE, OR NATURAL DISASTER (EACH A "FORCE MAJEURE EVENT"). HARMONISOFT SHALL IMMEDIATELY NOTIFY YOU IF IMPACTED BY SUCH A FORCE MAJEURE EVENT, AND IS NOT LIABLE FOR DAMAGES CAUSED BY THE SAID EVENT AS LONG AS REASONABLE MEANS ARE TAKEN TO EXPEDITIOUSLY REMEDY THE PROBLEM CREATING SUCH NON-PERFORMANCE.
You agree that Harmonisoft may use your name, trademarks, and trade names to identify you as a customer of Harmonisoft on Harmonisoft web sites, and for use in Harmonisoft's corporate, promotional, and marketing literature, and to cooperate with Harmonisoft for reasonable availability to act as a reference for companies considering the Harmonisoft Product and Services. You also agree to permit Harmonisoft to occasionally send you marketing and promotional materials in the form of mails or emails. Upon non-renewal or termination of this Agreement, each Party shall cease all display and advertising, of the other Party's name, trademarks and trade names, and each Party shall terminate the permission of receiving promotional materials from the other Party, unless expressly agreed upon in writing otherwise. Each Party hereby agrees not to contest or make application for registering any trademark or trade name of the other Party.
You hereby agree, at Your expense, to indemnify, defend and hold Harmonisoft harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against Harmonisoft arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
12. COPYRIGHTED MATERIALS.
You agree that any information you upload or send to the Service, which includes but is not limited to orders, forms, reports, documents, contacts, and images is owned, by you or authorized to be used by you. You agree not to upload or send any materials to the Service that is copyrighted by any person or entity other than yourself or by entities you wholly own.
13. DISPUTE RESOLUTION.
You agree that any dispute regarding performance of the Service, payment or other matters under this agreement shall be
finally and exclusively settled by mandatory binding arbitration in Santa Clara County, California. Both parties mutually acknowledge that, by this agreement to arbitrate, You and Harmonisoft each irrevocably waive the right to a court or a jury trial.
14. GENERAL TERMS.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Harmonisoft's failure to act with respect to a breach by You does not waive Harmonisoft's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail. Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms are governed in all respects by the laws of the State of California as such laws are applied. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral, and all prior versions of the Terms of Service, except for the case where a written and signed document, such as an Agreement or Contract has been executed between Harmonisoft and You, in which case the signed document supersedes these Terms.
You can find EZ Inspections Terms Of Service at https://www.ezinspections.com/info/termsOfService.aspx