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EZFOLLOWUP TERMS OF USE AGREEMENT
Important – Read Carefully
This terms of use agreement is a contract between you and
Strategic Connections LLC, a New York limited liability company (also referred to
as “we” or “us”).
By accessing the EZFollowUp website, you agree to be legally
bound by these Terms of Use as modified by us from time to time.
The EZFollowUP service is an online, subscription-based
email system that simplifies the process of creating and sending followup emails,
scheduled emails, and other emails to selected customers, colleagues and others.
In order to use the EZFollowUp service, you must enter the
required information online and specifically agree to these terms of use by clicking
“I accept” when asked. You are then bound by the terms of this agreement. If you
do not agree to these Terms of Use, do not click “I accept” and do not use the services
we offer.
License Grant
Upon your acceptance of these Terms of Use, we grant to
you the non-exclusive right and license to use the EZFollowUp service during any
free trial period and during the period that your subscription remains active and
paid.
User Names and Passwords
You may access the EZFollowUp service from any web browser
by entering an authorized user name and a confidential password. You understand
and agree that your subscription is for your use alone. You agree not to disclose
your confidential password to anyone else.
Fees
You agree to pay all fees and charges incurred in connection
with your user name and password at the rates in effect when the fees and charges
are incurred. All fees and charges are nonrefundable. We may at any time (a) change
the rates charged for access to the EZFollowUp service or any other products or
services, (b) change the manner in which our fees are assessed, and (c) add new
fees or charges. The current rates are posted on the ____Pricing_____ page of this
website. Your subscription will terminate rather than automatically renew
at the conclusion of the subscription period unless you renew. We will notify you
by electronic mail when you are near the end of your subscription so that you may
request its continuation.
Trademarks
We or our affiliate is the sole owner of the EZFollowUp
trademark. You may not use the EZFollowUp trademark without our prior written consent,
which we may withhold in our discretion.
Copyrights
The EZFollowUp website is protected by copyright and other
laws. We are the sole owner of all rights in and to the website. You have no rights
in the website except as set forth in these terms and conditions.
Compliance
You agree to use the EZFollowUp service in compliance with
all applicable laws and regulations, including without limitation the CAN-SPAM Act.
We recommend that you ask your attorney whether the CAN-SPAM Act applies to you
and whether your email must give recipients an opt-out method. We will have no liability
to you or anyone receiving email from you for any breach by you of the terms of
this agreement or any violation by you of any laws. If you breach this agreement
or violate any laws, we will have the right to terminate your subscription without
any refund to you of amounts paid.
No Warranties
We offer the EZFollowUp service on an “as is” and on an
“as available” basis. We make no representation or warranty of any kind, express
or implied, regarding the services we offer, your use of the services or the results
you will obtain from such use.
Any reliance upon the EZFollowUp website or the EZFollowUp
service is at your own risk. We are not responsible for errors, inaccuracies or
omissions in the website or such service, nor for any consequence of your use of
or reliance upon the website or such service.
To the maximum extent permitted by applicable law, we disclaim
all warranties with regard to the EZFollowUp service, either express, implied or
otherwise, including the implied warranty of merchantability and the warranties
of non-infringement and of fitness for a particular purpose. We do not warrant that
access to or use of the EZFollowUp service will be uninterrupted or error-free or
completely secure.
Limitation of Liability
To the maximum extent permitted by applicable law and regardless
of whether any remedy in this Agreement fails of its essential purpose, in no event
will we be liable for any special, incidental, indirect, consequential or punitive
damages whatsoever arising out of this Agreement or your use of or inability to
use the EZFollowUp service, even if we have been advised of or should have known
of the possibility of such damages. In no event will we be liable in damages in
contract, tort or otherwise in excess of the amounts paid by you to us for the services
that are the subject matter of the claim or any circumstances/situations that occur
as a result of your activities using ezfollowup.
Disclaimers
We do not endorse the website of any third party, even if
the EZFollowUp website links to such website and promotes the offerings on such
website. In no event will we be liable for any act or omission of any third party,
including without limitation any financial institution, any payment system, any
third party service provider, any provider of telecommunications services, Internet
access or computer equipment or software, or any mail or delivery service.
Limitation of Actions
In no event may you bring an action against us more than
one year after the cause of action occurs.
Your Indemnity
You agree to defend, indemnify and hold us and our affiliates
and our and their respective officers, directors, employees, shareholders and assigns
harmless from any claim, demand, liability, loss, damage, cost and expense (including
reasonable attorneys' fees) arising from or relating to: (i) your use of and
access to the EZFollowUp website; (ii) your breach of this agreement; or (iii) your
violation of any law. We reserve the right, at your expense, to assume the exclusive
defense and control of any dispute subject to indemnification by you, and in such
case, you agree to cooperate with us in our defense of such claim. You will not
settle any such dispute without our prior written consent. The terms of this indemnity
will survive the expiration or termination of this Agreement.
Privacy Policy
You consent to the terms of our Privacy Policy, as posted
on the EZFollowUp website, as that policy may change from time to time.
Notices
We may notify you by email, regular mail or overnight delivery
service using the contact information you provide to us. You may notify us by filling
out the customer support form or by email to info@ezfollowup.com or by regular mail or overnight delivery
service to _______________, or such other address as we post as our address for
notice on the website in the most recent version of the Terms of Use Agreement.
Modifications
We reserve the right to modify these Terms of Use at any
time by posting revised terms on this website. Your continued use of this website
will be governed by the Terms of Use in force at the time of your use.
Waivers
No delay or failure to exercise any right or remedy provided
for in these Terms of Use will be deemed to be a waiver.
Severability
If any provision of these Terms of Use is held invalid or
unenforceable, for any reason, by any arbitrator, court or governmental agency,
department, body or tribunal, the remaining provisions will remain in effect.
Assignment
Your right to use the EZFollowUp service is personal to
you. You may not transfer, sublicense or assign the rights granted under this Agreement
to any other person or entity.
We may transfer our interest in this Agreement to a parent
entity or successor-in-interest to our business (whether by merger, consolidation
or sale of all or substantially all of the assets of our business).
Governing Law
This Agreement is governed by the laws of the state of New York, USA, without regard
to New York’s conflict of laws provisions.
Jurisdiction
Any claim or dispute between you and us that arises in whole
or in part from this website will be decided exclusively by a court of competent
jurisdiction located in New York, NY, or in White Plains, NY, U.S.A. Each party
consents to the exclusive jurisdiction of such courts in any such action or proceeding.
The EZFollowUp website will be deemed to be based in New
York, the state in which our office is located. You agree that this website will
be deemed a passive website that does not give rise to personal jurisdiction over
us in jurisdictions other than New York.
Attorneys’ Fees
You agree to pay all costs and expenses (including reasonable
attorneys' fees) that we may incur in order to collect any amounts you owe under
this Agreement.
Further Information
For further Information about our policies, contact us at:
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