These Terms of Service (these “Terms”) govern the use of
all domains owned by Triforce Management Applications LLC,
d/b/a Electric Ease (“Electric Ease”), including but not
limited to this website (the “Website”). These Terms
represent the entire agreement between Electric Ease and
the individual or entity (“you” or “your”) using the
services provided on the Website (the “Services”). Please
read these Terms carefully. These Terms supplement
Electric Ease’s Privacy Policy, available here:
electric-ease.com/privacy-policy.
The information made available through the Services has
been compiled from both internal and external sources.
Such information may include data prepared by third
parties or obtained from sources Electric Ease believes to
be reliable. However, Electric Ease cannot and does not
guarantee the accuracy, timeliness, or completeness of
such information for any particular purpose. Such
information is inherently subject to change without notice
and may become outdated. You agree that Electric Ease is
not responsible for any loss you experience as a result of
your reliance on such information. Electric Ease uses
reasonable efforts to make sure that the information
available through the Services is accurate and up-to-date,
but it does not represent or warrant that the information
contained in the Services is accurate or complete. You
should verify any information obtained through the
Services before you act upon it.
The Services, including all displays, images, video, and
audio, as well as the design, selection, and arrangement
thereof, are owned and provided by Electric Ease.
Electric Ease hereby grants you a non-exclusive,
non-transferable, non sub-licensable, worldwide license to
use the Services for internal business purposes only
subject to the restrictions in these Terms. Electric Ease
reserves to itself any rights not expressly granted to you
in these Terms. You shall be solely responsible for
hardware and interconnections and telecommunications to
access the Services.
Except as expressly authorized under these Terms, you may
not:
(a) copy, modify, or create derivative works of the
Services, in whole or in part;
(c) reverse engineer, disassemble, decompile, decode,
adapt, or otherwise attempt to derive or gain access to
any software component of the Services, in whole or in
part;
(d) remove any proprietary notices from the Services;
(e) use the Services in any manner or for any purpose that
infringes, misappropriates, or otherwise violates any
intellectual property right or other right of any person,
or that violates any applicable law;
(f) combine or integrate the Services with any software,
technology, services, or materials not authorized by
Electric Ease;
(g) design or permit any applications to disable,
override, or otherwise interfere with any Electric Ease
communications to end users, consent screens, user
settings, alerts, warning, or the like;
(h) use the Services to replicate or attempt to replace
the user experience of the Services in another
application;
(i) attempt to cloak or conceal your identity when
requesting authorization to use the Services;
(j) use the Services in connection with or to promote any
products, services, or materials that constitute, promote,
or are used primarily for the purpose of dealing in
spyware, adware, or other malicious programs or code,
counterfeit goods, items subject to U.S. embargo,
unsolicited mass distribution of email or spam
communications, multi-level marketing proposals, hate
materials, hacking, surveillance, interception, or
descrambling equipment, libelous, defamatory, obscene,
pornographic, abusive, or otherwise offensive content,
stolen products, and items used for theft, hazardous
materials, or any illegal activities; or
(k) use the Services in any manner that Electric Ease
determines in its reasonable discretion is abusive or
harmful. You also agree that you shall only use the
Services in a manner that complies with all applicable
laws in the jurisdictions in which you use the Services,
and that you shall not violate or infringe the rights of
any third party. Any such forbidden use shall immediately
and automatically terminate your license to use the
Services without notice.
All charges for the Services shall be at the then current
prices. Upon entering these Terms, you must choose to pay
Electric Ease by direct charge to a credit or debit card.
You hereby authorize Electric Ease to charge your credit
or debit card to pay for any charges that may apply to
your account as they accrue on a monthly or yearly
recurring basis as applicable. You must notify Electric
Ease of any changes to your card account (including,
without limitation, applicable account number or
cancellation or expiration of the account), your billing
address, or any information that may prevent Electric Ease
from charging your account. Failure to make any payment as
required constitutes a material breach of these Terms and
shall be sufficient cause for the immediate termination of
your license to use the Services without notice by
Electric Ease. In the event of collection enforcement, you
will be liable for any costs associated with such
collection, including, without limitation, reasonable
attorneys’ fees, court costs, and collection agency fees.
All charges shall be exclusive of any applicable taxes.
You are responsible for the payment of all federal, state,
and local sales, use, value added, excise, duty, and any
other taxes assessed, other than taxes based on Electric
Ease’s net income.
No refunds shall be given upon cancellation,
discontinuation, termination, or expiration of your
license to use the Services. There are no prorated refunds
for unused time and no refunds of any setup fee or custom
code performed.
Electric Ease reserves the right to change or make
exceptions to the fee structure and refund policy at any
time and for any reason.
Your license to use the Services may be terminated by
either you or Electric Ease immediately for any reason or
no reason. Upon termination, you shall immediately
discontinue use of the Services. These Terms shall remain
effective despite any termination, cancellation,
discontinuance, or expiration of your license to use the
Services.
Your data (“Data”) refers to any data, details, figures,
photos, statistics, or any other information you provide
to Electric Ease while using or for use in the Services.
By uploading your Data to the Website, you grant Electric
Ease a royalty-free, perpetual use, and worldwide right to
access, compile, collect, copy, modify, publish, display,
and use your Data in any form on the Website. Electric
Ease has the right to maintain your Data for use in the
Services even after your license to use the Services is
terminated, discontinued, cancelled, or expires.
By uploading your Data, you represent and warrant that you
have the authority to transfer such Data to Electric Ease
and that such Data does not infringe on the intellectual
protect rights of any third party. In using the Services,
you agree to provide true, accurate, current, and complete
Data. You agree to maintain and promptly update such Data
to keep it true, accurate, current, and complete.
Electric Ease will confirm if you want to receive SMS
messages and other communications when filling out certain
forms. By agreeing to accepting messages from Electric
Ease you will receive SMS and other communications
regarding Electric Ease business matters.
6 – USERNAME AND PASSWORD
When creating an account on the Website, you will be
required to create a username and password. You will be
required to provide certain registration details or other
information and become a registered user before accessing
certain features of the Services. It is a condition of
your use of the Services to ensure all the information you
provide is correct, current, and complete. You are fully
responsible for maintaining the confidentiality of your
username and password and all activities that occur under
your username and password.
Your username and password are for your use only. You
agree to immediately notify Electric Ease by email at
support@electric-ease.com of any unauthorized use of your
password or account or any other breach of security. You
must exit from your account at the end of each session and
use particular caution when accessing your account from a
public or shared computer so that others are not able to
view or record your password or other personal
information.
Electric Ease has the right to disable any username,
password, or other identifier, whether chosen or provided,
at any time in its sole discretion for any or no reason.
7 – MODIFICATION DISCONTINUATION OF SERVICES
Electric Ease may, in its sole discretion and at any time,
modify or discontinue the Services, or any part thereof.
For modified services, you may be requested to accept new
or revised Terms. If you do not accept such Terms, you
will not have access to the Services.
Electric Ease may discontinue or make changes in products,
services, and information provided through its Services at
any time without notice. Any information is published as
of its date only, and Electric Ease does not undertake any
obligation or responsibility to update or amend any such
information.
The Services, including, without limitation, any of
Electric Ease’s Internet operations, design, content,
hardware designs, algorithms, software (in source and
object forms), user interface designs, other templates and
designs, algorithms, architecture, class libraries, and
documentation (both printed and electronic), knowledge,
good will, moral rights, trade secrets, and any related
intellectual property rights throughout the world, and any
derivative works, improvements, modifications,
enhancements, or extensions thereof shall remain the sole
and exclusive property of Electric Ease. You have no
interest in the Services or Electric Ease’s intellectual
property.
All right, title, and interest in and to the Services,
including information, content, and Data generated by you
and third parties, are and will remain Electric Ease’s
property. Electric Ease’s intellectual property rights in
the Services are protected by copyright and trademark laws
of the United States and international treaties, as well
as other domestic and international laws. Nothing in these
Terms gives you a right to use Electric Ease’s trademarks,
logos, domain names, or other distinctive brands. There is
also nothing in these Terms that gives you the right to
copy the Services, to copy any feature or portion of the
Services, or create a derivative of the Services, all of
which is expressly prohibited.
9 – USER CONDUCT; USE BY OTHERS
You are solely responsible for the contents of your
transmissions through the Services. Your use of the
Services is subject to all applicable local, state,
national, and international laws and regulations.
You agree to monitor the use of the Services by any other
person, whether an employee, agent, or otherwise, who is
acting on your behalf, at your direction, or using your
online account, for any activity that violates applicable
laws, rules, and regulations or any of these Terms,
including any fraudulent, inappropriate, or potentially
harmful behavior. You further agree to promptly restrict
any offending users from further use of the Services. You
agree to provide a resource for users of the Services to
report abuse of the Services at your operations. You are
responsible for all acts and omissions of your end users
in connection with their use of the Services. You agree
that you are solely responsible for posting any privacy
notices and obtaining any consents from your end users
required under applicable laws, rules, and regulations.
You further represent and warrant that you have provided
such notices and obtained such consents before submitting
or allowing end users to submit information to us.
You agree to immediately notify Electric Ease of and
indemnify and hold Electric Ease, its parents,
subsidiaries, affiliates, officers, and employees,
harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising
out of your use of the Services, including the
unauthorized use of your account or any other breach of
security known to you, the violation of these Terms by
you, or the infringement by you, or another user using
your computer, of any intellectual property or other right
of any person or entity.
11 – DISCLAIMER OF WARRANTIES
You agree that use of the Services is at your sole risk.
The Services are provided on an “as is” and “as
available” basis, and Electric Ease (including, without
limitation, its independent consultants, subcontractors,
distributors, and clients (collectively, the “Third
Parties”)) assumes no responsibility for the timeliness,
deletion, mis-delivery, or failure to store any of your
communications, data, or personalization settings.
Electric Ease and the Third Parties hereby disclaim 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, quiet enjoyment, title,
merchantability of computer programs, and informational
content.
Neither Electric Ease nor the Third Parties make any
warranty that the Services will meet your requirements,
or that the Services will be uninterrupted, timely,
secure, or error or virus free. Nor do Electric Ease or
the Third Parties make any warranty as to the results
that may be obtained from the use of the Services, the
accuracy or reliability of any information obtained
through the Services, or that defects in the software
driving the Services will be corrected.
You understand and agree that any material and/or data
downloaded or otherwise obtained through the Services is
done at your own discretion and risk, and that you will
be solely responsible for any resulting damage to a
computer system or loss of data. Electric Ease does not
guarantee the security of the Services or protection
against loss, alteration, or improper access to your
account information or data, or that the Services will
be free of viruses or other harmful components.
Electric Ease may modify, suspend, or discontinue
offering the Services at any time and for any reason
without notice or compensation to you. The Services may
become unavailable due to maintenance, outage, or any
other reason whatsoever. Electric Ease make no
representation or warranty whatsoever relating to or
resulting from the use or inability to use the Services,
mistakes, omissions, service interruptions, deletion of
files, loss or modification of content or data, errors,
defects, delays in operation or transmission, or any
failure of performance, communication failure, theft,
destruction, or unauthorized access to any server,
records, programs, or services, whether or not limited
to circumstances beyond Electric Ease’s control.
The Services may contain links to third party websites
not affiliated with Electric Ease in any way. These
links are provided to you only as a convenience.
Electric Ease is not responsible for the contents of any
linked website, or any link contained on a website
linked through the Services. The links provided do not
imply any endorsement of any third party website.
Electric Ease makes no representation or warranty that
the information on the Website is appropriate or
available for use outside the United States. If you
choose to access the Services from outside the United
States, you do so on your own initiative and are
responsible for compliance with local laws, if and to
the extent local laws are applicable.
No advice or information, whether oral or written,
obtained by you through the Services shall create any
warranty not expressly made in these Terms.
12 – LIMITATION OF LIABILITY
Unless otherwise provided herein, notices given by
Electric Ease to you will be given by email. Notices will
be sent to the email address you provide to Electric Ease
as part of the registration process, or to updated
addresses which you provide to Electric Ease via notice
consistent with this paragraph. Notices given by you to
Electric Ease must be given by email to
support@electric-ease.com or such updated address and
number as Electric Ease may provide you consistent with
this notice provision. Notwithstanding anything herein to
the contrary, it is your sole responsibility to update
your address for notices hereunder, and notice sent to the
email address last provided by you to Electric Ease shall
be valid and binding on you regardless of whether such
address has been changed, canceled, has expired, has been
terminated, or otherwise becomes inoperative.