EasyFile7
Disclaimer and End User License Agreement
IMPORTANT – PLEASE READ CAREFULLY
Please note the following preliminary terms, which use some
of the definitions set out in paragraph 1 below:
No Emergency Calls: EasyFile7 Website does not and does not
intend to support or carry emergency calls. This Agreement: This
Agreement, and any new versions, between EasyFile7 and You, covers
all Your use of EasyFile7 Website from any terminals where EasyFile7
Website has been installed or is being used, by You or by third
parties. You can accept this Agreement by clicking on the ACCEPT
button or similar buttons or links as may be designated by EasyFile7.
Additional Terms: Your agreement with EasyFile7 will also include
the Additional Terms (as defined below). The Additional Terms
shall include, but are not limited to, the terms and policies
set out in the paragraph below. In order to use the EasyFile7
Services, You must accept the Additional Terms. You can accept
the Additional Terms by (i) clicking to accept or agree where
this option is made available to You, or (ii) by actually using
the EasyFile7 Services, in which case You acknowledge and agree
that EasyFile7 will treat such use as acceptance of the applicable
terms.
You acknowledge and agree that by accepting this Agreement and
the Additional Terms you are entering into a legally binding
contract, which collectively is referred to below as the “Terms”.
If there is any contradiction between the Additional Terms and
this Agreement, then the Additional Terms shall take precedence
in relation to the relevant EasyFile7 Service. You should print
off or save a copy of the Terms for your records.
Electronic Signature(s): You hereby agree to the use of electronic
communication in order to enter into contracts, place orders
and create other records and to the electronic delivery of notices,
policies and records of transactions initiated or completed through
the EasyFile7 Website. Furthermore, You hereby waive any rights
or requirements under any laws or regulations in any jurisdiction
which require an original (non-electronic) signature or delivery
or retention of non-electronic records, to the extent permitted
under applicable mandatory law.
Jurisdiction’s Restrictions: If the law of Your country
prohibits You from downloading or using EasyFile7 Website because
You are under the age limit or because the EasyFile7 Services
are not allowed in Your country, please don’t use it.
Table of contents:
1. Definitions
2. License and Restrictions
3. What You should and should not expect from EasyFile7
4. What we expect from You
5. Term, Termination, Updates
6. Disclaimer of Warranties and Limitation of Liability
7. Additional Terms
8. Miscellaneous
1. Definitions
1.1 The following terms and expressions shall have the following
meanings:
Additional Terms: the terms and conditions and policies applicable
to Your use of the EasyFile7 Website and the EasyFile7 Services,
in addition to this Agreement.
Affiliate: any corporation, company or other entity that directly
or indirectly controls, is controlled by, or is under common
control with, EasyFile7. For the purpose of this definition,
the word "control" shall mean the direct or indirect
ownership of more than fifty percent (50%) of the outstanding
voting stock of the corporation, company, or other entity.
Agreement: this End User License Agreement, as may be renewed
and/or amended from time to time.
Documentation: any online or otherwise enclosed documentation
provided by EasyFile7.
Effective Date: the date on which this Agreement is entered
into by clicking on the ACCEPT button as stated above or upon
installation or use of the EasyFile7 Website by You, whichever
occurs earlier.
Emergency Service(s): means services that connect a user to
emergency services personnel or public safety answering points
pursuant to applicable local and or national regulatory requirements.
IP Rights: means (i) patents, pending patent applications, designs,
trade marks and trade names (whether registered or unregistered),
copyright and related rights, database rights, know how and confidential
information; (ii) all other intellectual property rights and
similar or equivalent rights anywhere in the world which currently
exist or are recognized in the future; and (iii) applications,
extensions and renewals in relation to any such rights.
Password: refers to a code You select, which, in combination
with the User ID, gives You access to Your User Account.
EasyFile7: refers to the company established under the laws
of the United States, EasyFile7 Website with its address at 151
W. 19th St New York, NY 10011.
EasyFile7 API: application program interface consisting of the
set of routines utilized by the EasyFile7 Website to provide
the EasyFile7Website functionality for a given platform or operating
system, EasyFile7 API being included in or linked to the EasyFile7
Website as well as any future versions, improvements, developments,
programming fixes, updates and upgrades thereof.
EasyFile7 Online Material: the EasyFile7 buttons and widgets
available for download on the EasyFile7 Website as such may be
changed from time to time by EasyFile7 in its sole discretion.
EasyFile7 Promotional Materials: any and all trademarks, names,
signs, logos, banners, and any other materials, in whatever form,
owned and/or used by EasyFile7 for the promotion of its company,
its products and activities, other than the EasyFile7 Online
Material.
EasyFile7 Services: the EasyFile7 Website and any other products
and services made available to You by EasyFile7 or its Affiliates,
in addition to the EasyFile7 Website.
EasyFile7 Website: the website distributed by EasyFile7 for
internet communication applications, including without limitation
the EasyFile7 API, UI and Documentation, as well as any future
versions, improvements, developments, programming fixes, updates
and upgrades thereof.
EasyFile7 Staff: the officers, directors, employees and agents
of EasyFile7 or its Affiliates, or any other persons hired by
EasyFile7 or its Affiliates.
EasyFile7Website: any and all elements, contents and the ‘look
and feel’ of the website available under the URL, www.EasyFile7.com
, – among other URL’s –, from which website
the EasyFile7 Website can be downloaded.
Terms: has the meaning given in the “Additional Terms” preliminary
term above.
UI: the user interface of the EasyFile7 Website.
User Account: refers to the account with User ID and Password
that You create for Your use of the EasyFile7 Website.
User ID: refers to an identification code You selected, which
in combination with the Password, gives access to Your User Account.
You: You, the end user of the EasyFile7Website, also used in
the form “Your” where applicable.
1.2 References to the singular include the plural and vice versa,
and references to one gender include the other gender.
1.3 Any phrase introduced by the expressions “including”, “include”, “in
particular” or any similar expression shall be construed
as illustrative and shall not limit the sense of the words preceding
those terms.
2. License and Restrictions
2.1 License: Subject to the terms of this Agreement, EasyFile7
hereby grants You a limited, non-exclusive, non-sub licensable,
non-assignable, free of charge license to use, download, install
and use the EasyFile7 Website on Your computer, phone or PDA
for the sole purpose of personally using the internet referral
and communication applications provided by EasyFile7 and any
other applications that may be explicitly provided by EasyFile7.
You are allowed to use the EasyFile7 Website at university or
any other educational institution, subject to paragraph 4.4 below
and in accordance with this Agreement and any applicable Additional
Terms. You are allowed to use the EasyFile7 Website at work to
make communications relating to Your business in accordance with
this Agreement and any applicable Additional Terms (such as the
Terms of Service referred to in paragraph 7 below if You use
the VoIP products and/or are a Member or an Administrator of
a Business Control Panel).
2.2 No Granting of Rights to Third Parties: You will not sell,
assign, rent, lease, distribute, export, import, act as an intermediary
or provider, or otherwise grant rights to third parties with
regard to the EasyFile7 Website or any part thereof.
2.3 No Modifications: You will not undertake, cause, permit
or authorize the modification, creation of derivative works,
translation, reverse engineering, decompiling, disassembling
or hacking of the EasyFile7 Website or any part thereof except
to the extent permitted by law.
2.4 Third Parties: The EasyFile7 Website may be incorporated
into, and may incorporate itself, website and other technology
owned and controlled by third parties. Any such third party website
or technology that is incorporated in the EasyFile7 Website falls
under the scope of this Agreement. Any and all other third party
website or technology that may be distributed together with the
EasyFile7 Website will be subject to You explicitly accepting
a license agreement with that third party. You acknowledge and
agree that You will not enter into a contractual relationship
with EasyFile7 or its Affiliates regarding such third party website
or technology and you will look solely to the applicable third
party and not to EasyFile7 or its Affiliates to enforce any of
your rights.
2.5 Exclusive Ownership: Any and all IP Rights in the EasyFile7
Website, the EasyFile7 Website, the EasyFile7 Online Material
and the EasyFile7 Promotional Materials are and shall remain
the exclusive property of EasyFile7 and/or its licensors. Nothing
in this Agreement intends to transfer any such IP Rights to,
or to vest any such IP Rights in, You. You are only entitled
to the limited use of the IP Rights granted to You in this Agreement.
You will not take any action to jeopardize, limit or interfere
with EasyFile7 IP Rights. Any unauthorized use of EasyFile7 IP
Rights is a violation of this Agreement as well as a violation
of intellectual property laws and treaties, including without
limitation copyright laws and trademark laws. All title and IP
Rights in and to any third party content that is not contained
in the EasyFile7 Website, but may be accessed through use of
the EasyFile7 Website, is the property of the respective content
owners and may be protected by applicable copyright or other
intellectual property laws and treaties.
2.6 No Removal of Notices: You agree that You will not remove,
obscure, make illegible or alter any notices or indications of
the IP Rights and/or EasyFile7 rights and ownership thereof,
whether such notice or indications are affixed on, contained
in or otherwise connected to any materials.
2.7 Use of EasyFile7 API.
2.7.1 You may make use of the EasyFile7 API provided that:
(i) You comply with the EasyFile7 API Terms of Use
(ii) Your use of the EasyFile7 API is for legitimate purposes
only and shall not adversely affect the functionality or performance
of the EasyFile7 Website or services provided by EasyFile7; and
(iii) You will monitor the EasyFile7 Website in order to ensure
that You are aware of any changes in the EasyFile7 API Terms
of Use. If such changes are not acceptable to You, You will immediately
stop using the EasyFile7 API and, where applicable, the EasyFile7
Website.
2.7.2 If You are interested in using the EasyFile7 API for a
purpose which is not permitted under this Agreement or the EasyFile7
API Terms of Use, You will have to obtain EasyFile7 prior written
consent and explicitly agree upon any further commercial terms.
2.8 EasyFile7 Promotional Materials: Nothing in this Agreement
will give You any right to use the EasyFile7 Promotional Materials.
3. What You should and should not expect from EasyFile7
3.1 No Warranties: Installing EasyFile7 Website enables You
to communicate with other people. EasyFile7 cannot guarantee
that You will always be able to communicate with other people,
nor can EasyFile7guarantee that You can communicate without disruptions,
delays or communication-related flaws or that all Your communications
shall always be delivered to other people.
3.2 Content of Communications: The content of the communication
spread by the use of the EasyFile7 Website is entirely the responsibility
of the person from whom such content originated. You understand,
therefore, that by using the EasyFile7 Website and the EasyFile7
Services You may be exposed to content that is offensive, harmful
to minors, indecent or otherwise objectionable, and that You
use the EasyFile7 Website and the EasyFile7 Services at Your
own risk.
3.3 Utilization of Your Computer: EasyFile7 Website may utilize
the processor and bandwidth of the computer (or other applicable
device) You are utilizing, for the limited purpose of facilitating
the communication between You and third parties. EasyFile7 will
use its commercially reasonable efforts to protect the privacy
and integrity of the computer resources (or other applicable
device) You are utilizing and of Your communication, however
EasyFile7 cannot give any warranties in this respect.
3.4 New Versions of the EasyFile7 Website: EasyFile7, in its
sole discretion, reserves the right to add additional features
or functions, or to provide programming fixes, updates and upgrades,
to the EasyFile7 Website. EasyFile7 has no obligation to make
available to You any subsequent versions of the EasyFile7 Website.
You may have to enter into a renewed version of this Agreement,
in the event you want to download, install or use a new version
of the EasyFile7 Website.
3.5 Suspension: EasyFile7 may, in its sole discretion and to
the maximum extent permitted within Your jurisdiction, modify
or discontinue or suspend Your ability to use any version of
the EasyFile7 Website, and/or disable any EasyFile7 Website You
may already have accessed or installed without any notice to
You, for the repair, improvement, and/or upgrade of the underlying
technology or for any other justifiable reason, including but
not limited to, circumstances where You, at EasyFile7 discretion,
are in breach of the Terms, creating problems, possible legal
liabilities, or engaging in fraudulent, immoral or illegal activities,
or for other similar reasons.
3.6 No Emergency Calls: The EasyFile7 Website is not intended
to support or carry emergency calls to any type of hospital,
law enforcement agency, medical care unit or any other kind of
Emergency Service. You acknowledge and agree that: (i) EasyFile7
is not required to offer access to Emergency Services under any
applicable local and/or national rules, regulation or law; (ii)
You must make additional arrangements to access Emergency Services
and it is Your responsibility to purchase (separately from the
EasyFile7 Website), traditional wireless or landline telephone
services to obtain such access; and (iii) EasyFile7 is not a
replacement for Your primary telephone service.
4. What we expect from You
4.1 Lawful purposes: You will use the EasyFile7 Website solely
for lawful purposes. In this respect You may not, without limitation
(a) intercept or monitor, damage or modify any communication
which is not intended for You; (b) use any type of spider, virus,
worm, trojan-horse, time bomb or any other codes or instructions
that are designed to distort, delete, damage or disassemble the
EasyFile7 Website or the communication; (c) send any unsolicited
commercial communication not permitted by applicable law; (d)
expose any third party to material which is offensive, harmful
to minors, indecent or otherwise objectionable in any way; (e)
use the EasyFile7 Website to cause or intend to cause embarrassment
or distress to, or to threaten, harass or invade the privacy
of, any third party; or (f) use any material or content that
is subject to any third party proprietary rights, unless you
have a license or permission from the owner of such rights.
4.2 Representations: You represent and warrant that You are
authorized to enter into and comply with the Terms. Furthermore,
You represent and warrant that You will at any and all times
meet with Your obligations under the Terms, as well as any and
all laws, regulations and policies that may apply to the use
of the EasyFile7 Website and/or the EasyFile7 Services.
4.3 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
EasyFile7 AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND
ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES
INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF
YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR
ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN,
OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE
OR MISUSE OF THE EasyFile7 WEBSITE, OR (D) COMMUNICATION SPREAD
BY MEANS OF THE EasyFile7 WEBSITE.
4.4 Utilization of Your Computer: If Your use of the EasyFile7
Website is dependant upon the use of a processor and bandwidth
owned or controlled by a third party, You acknowledge and agree
that Your license to use the EasyFile7 Website is subject to
You obtaining consent from the relevant third party for such
use. You represent and warrant that by accepting this Agreement
and using the EasyFile7 Website, You have obtained such consent.
4.5 Export Restrictions: EasyFile7 Website may be subject to
international rules that govern the export of website. You shall
comply with all applicable international and national laws that
apply to the EasyFile7 Website as well as end-user, end-use and
destination restrictions issued by national governments. This
website is controlled under ECCN 5D992.b.1 of the Export Administration
Regulations (“EAR”) per CCATS # G047973 and thus
may not be exported or re exported to or downloaded by any person
in any countries controlled for anti terrorism reasons under
the EAR, which include Iran, North Korea, Cuba, Syria and Sudan.
EAR 742.15(a), Title 15 Code of Federal Regulations. Moreover,
the website may not be exported or re exported to or downloaded
by any person or entity subject to US sanctions regardless of
location. See http://www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm
and EAR Part 736. EasyFile7 is making this website available
to You for download only on the condition that You certify that
You are not such a person or entity and that the download is
not otherwise in violation of US export control and sanctions
regulations.
5. Term, Termination, Updates
5.1 Term: This Agreement will be effective as of the Effective
Date and will remain effective until terminated by either EasyFile7
or You as set out below. The Additional Terms will be effective
as of the date upon which they are accepted by You or You use
the relevant EasyFile7 Service (as applicable), and will remain
effective until terminated by either EasyFile7 or You as set
out below and/or in the applicable terms.
5.2 Termination: You may terminate the Terms with immediate
effect at any time. Without limiting other remedies, EasyFile7
may limit, suspend, or terminate this license and Your use of
EasyFile7 Website and EasyFile7 Services, prohibit access to
the EasyFile7 Website and delete Your User Account and/or User
ID, with immediate effect, automatically and without recourse
to the courts, if we think that You are in breach of the Terms,
creating problems, legal liabilities (actual or potential), infringing
someone else’s intellectual property rights, engaging in
fraudulent, immoral or illegal activities, or for other similar
reasons. EasyFile7 shall effect such termination by providing
notice to You to the email address You have provided, and/or
by preventing Your access to Your User Account. We reserve the
right to cancel User Accounts that have been inactive for more
than one (1) year.
5.3 Consequences of Termination: Upon termination of this Agreement
and the Additional Terms: (a) all licenses and rights to use
the EasyFile7 Website and the EasyFile7 Services shall immediately
terminate; (b) You will immediately cease any and all use of
the EasyFile7 Website and EasyFile7 Services; and (c) You will
immediately remove the EasyFile7 Website from all hard drives,
networks and other storage media and destroy all copies of the
EasyFile7 Website in Your possession or under Your control.
5.4 New Versions: EasyFile7 reserves the right to change this
Agreement at any time by publishing the revised Agreement on
the EasyFile7 Website. The revised Agreement shall become effective
within thirty (30) days of such publication, unless You expressly
accept the revised Agreement earlier by clicking on the accept
button. Your express acceptance or Your continued use of the
EasyFile7 Website after expiry of the notice period of thirty
(30) days, shall constitute Your acceptance to be bound by the
terms and conditions of the revised Agreement. EasyFile7 reserves
the right to change any of the Additional Terms from time to
time and such changes shall become effective either within thirty
(30) days of publication of the revised version on the EasyFile7
Website (unless You expressly accept the revised terms earlier
by clicking on the accept button if this option is made available),
or within the timeframe set out in the applicable terms if different.
6. Disclaimer of Warranties and Limitation of Liability
6.1 No Warranties: THE EasyFile7 WEBSITE IS PROVIDED “AS
IS” WITH NO WARRANTIES WHATSOEVER; EasyFile7 DOES NOT,
EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES,
CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE EasyFile7 WEBSITE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY,
PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR
USE FOR A PARTICULAR PURPOSE. EasyFile7 FURTHER DOES NOT REPRESENT
OR WARRANT THAT THE EasyFile7 WEBSITE WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE
AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES
EasyFile7 WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE
INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE EasyFile7
WEBSITE.
6.2 Specific Disclaimer Of Liability For Emergency Services:
EasyFile7 DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES
VIA THE EasyFile7 WEBSITE. NEITHER EasyFile7 NOR ITS OFFICERS,
EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE,
OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES
OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE
THE EasyFile7 WEBSITE TO CONTACT EMERGENCY SERVICES, AND YOUR
FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES
IN ACCORDANCE WITH PARAGRAPH 3.6 ABOVE.
6.3 Your own Risk: You acknowledge and agree that the entire
risk arising out of Your use of the EasyFile7 Website remains
with You, to the maximum extent permitted by law.
6.4 No Liability: The EasyFile7 Website is being provided to
You free of charge.
ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT EasyFile7, ITS AFFILIATES,
ITS LICENSORS AND THE EasyFile7 STAFF WILL HAVE NO LIABILITY
IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE EasyFile7
WEBSITE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT
TO ANY PROBLEMS OR DISSATISFACTION WITH THE EasyFile7 WEBSITE
IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH EasyFile7 WEBSITE.
6.5 Limitation of Liability: IN NO EVENT SHALL EasyFile7, ITS
AFFILIATES, ITS LICENSORS OR THE EasyFile7 STAFF BE LIABLE, WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR ANY OTHER FORM OF LIABILITY, FOR:
6.5.1 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA,
INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT
OF THE USE OR INABILITY TO USE THE EasyFile7 WEBSITE; AND
6.5.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT
OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE EasyFile7
WEBSITE;
6.5.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT
OF;
(I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING
THE EasyFile7 WEBSITE;
(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU
OR BY EasyFile7 FOR ANY REASON; AND
(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS
OF THE EasyFile7 WEBSITE TO YOU.
6.6 THE LIMITATIONS ON EasyFile7 LIABILITY TO YOU IN PARAGRAPH
6.5 ABOVE SHALL APPLY WHETHER OR NOT EasyFile7, ITS AFFILIATES
OR THE EasyFile7 STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSSES OR DAMAGES ARISING.
6.7 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT
OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY
OF EasyFile7 FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE
NEGLIGENCE OF EasyFile7, THE EasyFile7 STAFF OR ITS AGENTS, OR
(II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
6.8 Jurisdiction’s Limitations: As some jurisdictions
do not allow some of the exclusions or limitations as set forth
above, some of these exclusions or limitations may not apply
to You. In such event the liability will be limited to the maximum
extent possible within the applicable legislation.
7. Additional Terms
7.1 In addition to this Agreement, You have to comply with the
following Additional Terms when receiving the EasyFile7 Website
and the EasyFile7 Services. We expect You to read these Additional
Terms carefully, all of which are made part of this Agreement:
• Distribution of EasyFile7Website. You are not allowed
to distribute the EasyFile7 Website or any part thereof in a
CD-ROM, DVD or other similar physical media unless You comply
with the Distribution Terms. Any other distribution of the EasyFile7
Website is subject to paragraph 7.2 below.
• EasyFile7 API. You are not allowed to use the EasyFile7
API unless You comply with the API Terms
•EasyFile7 Online Material. You are not allowed to use
the EasyFile7 Online Material unless You comply with the Online
Material Terms
• The use of www.EasyFile7.com website is subject to the
Terms of Use with EasyFile7
7.2 Any other exceptions: If You are interested in doing anything
which is not permitted under this Agreement or by one of the
above Additional Terms, You will have to obtain EasyFile7 prior
written consent and explicitly agree upon any further terms.
7.3 Your Confidential Information and Your Privacy: EasyFile7
is committed to respecting Your privacy and the confidentiality
of Your personal data. The Privacy Policy sets out how EasyFile7
may use Your personal data, the traffic data and the content
contained in Your communication(s). If You object to Your information
being used in the way set out in the Privacy Policy then please
do not use the EasyFile7 Services.
8. Miscellaneous
8.1 Entire Agreement: The terms and conditions of the Terms
constitute the entire agreement between You and EasyFile7 with
respect to the subject matter hereof and will supersede and replace
all prior understandings and agreements, in whatever form, regarding
the subject matter. Nothing in this clause shall exclude or restrict
the liability of either You or EasyFile7 arising out of fraud
or fraudulent misrepresentation.
8.2 Partial Invalidity: If any provision of the Terms, or any
part of a provision, is found by any court or administrative
body of competent jurisdiction to be illegal, invalid or unenforceable,
and the provision (or part-provision) in question is not of a
fundamental nature to the Terms as a whole, the legality, validity
or enforceability of the remainder of the Terms (including the
remainder of the term which contains the relevant provision)
shall not be affected.
8.3 No waiver: The failure to exercise, or delay in exercising,
a right, power or remedy provided by the Terms or by law shall
not constitute a waiver of that right, power or remedy. If EasyFile7
waives a breach of any provision of the Terms this shall not
operate as a waiver of a subsequent breach of that provision,
or as a waiver of a breach of any other provision.
8.4 Assignment: You are not allowed to assign the Terms or any
rights hereunder. EasyFile7 is allowed at its sole discretion
to assign the Terms or any rights hereunder to any third party,
without giving prior notice.
8.5 Applicable Law and Competent Court: The Terms shall be governed
by and interpreted in accordance with the laws of the United
States and shall be subject to the jurisdiction of the courts
of the United States
8.6 Language: The original English version of the Terms may
have been translated into other languages. In the event of inconsistency
or discrepancy between the English version and any other language
version, the English language version shall prevail.
8.7 Survival: The terms of paragraphs 2.5, 5 and 6 of this Agreement,
and any other provision of the Additional Terms which is expressed
to survive or operate in the event of termination, shall survive
termination of this Agreement and the applicable Additional Terms
for whatever reason.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS
SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING
TO INSTALL THE EasyFile7 WEBSITE, YOU EXPRESSLY CONSENT TO BE
BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO EasyFile7 THE
RIGHTS SET FORTH HEREIN.
© Easy File 7, 2010
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