Terms of ServiceUpdated 4/10/2019
THIS TERMS OF SERVICE (“Agreement”) contain the terms and conditions that apply to a company and/or user, as applicable (“User”, “you” or “your”) of the services (the “Services”) made available through the Web site located at https://electric-ease.com and is between you and TriForce Management Applications LLC, DBA Electric Ease, 8350 Hickman Road Suite 200, Clive, Iowa, 50325, USA. Please read this Agreement carefully as it governs your use of the Services.
These Terms are the entire and exclusive agreement between you and us regarding the Services (excluding any services for which you have a separate agreement with us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between you and us regarding the Services.
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 and provided by us or obtained from sources we believe to be reliable, but we cannot and do 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 dated. You agree that we will not be responsible for any loss you experience as a result of your reliance on such information. We use reasonable efforts to make sure that the information available through the Services is accurate and up-to-date. However, we do not represent or warrant that the information contained therein is accurate or complete, and you should therefore verify any information obtained through the Services before you act upon it.
1 – GRANT OF LICENSE
The Services are owned/provided by TriForce Management Applications LLC, DBA Electric Ease (“Company”). Company hereby grants to you a non-exclusive, non-transferable, non-sublicensable, world-wide license to use the Services for internal business purposes only subject to the restrictions in this Agreement. Company reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the Services.
2 – LICENSE RESTRICTIONS
You may not:
(a) copy the Services or any software or programming related thereto;
(b) permit other individuals or companies to use the Services;
(c) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Services or any software or programming related thereto;
(d) rent, lease, transfer, resell and/or or otherwise transfer rights to the Services; or
(e) delete or write over any portion of any software relating in any manner to the Services.
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.
3 – FEES / REFUNDS
All charges shall be at the then current prices. Upon entering this Agreement, you must choose to pay by direct charge to a credit or debit card. You hereby authorize Company 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, etc., as applicable. You must notify Company 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 prohibit Company from charging your account. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by Company. 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 assesses, other than taxes based on Company’s net income.
Refunds - No refunds shall be given upon cancellation or discontinuation of service. There are no prorated refunds for unused time and no refunds of any setup fee or custom code performed.
4 – TERM AND TERMINATION
This Agreement may be terminated by any party immediately for any reason or no reason. Upon any termination of this Agreement, you shall immediately discontinue use of the Services. Sections 2, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive the termination, cancellation, or discontinuance of this Agreement.
5 – YOUR INFORMATION
You agree to provide true, accurate, current and complete transactional information and any information about your company and to maintain and promptly update such information to keep it true, accurate, current and complete.
6 – USER NAME AND PASSWORD
You will receive a user name and password during the implementation process. You are fully responsible for maintaining the confidentiality of your user name and password and all activities that occur under your user name and password. Your user name and password are for your use only. You agree to immediately notify Company by e-mail at firstname.lastname@example.org of any unauthorized use of your password or account or any other breach of security.
7 – MODIFICATION DISCONTINUATION OF SERVICES
Company 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 a modification or new Agreement when you login to your account. If you do not accept the amended Agreement, you will not have access to the Services.
We, or our Suppliers may discontinue or make changes in products, services and information provided through our Services at any time without notice. Any dated information is published as of its date only and we do not undertake any obligation or responsibility to update or amend any such information.
8 – PROPRIETARY RIGHTS
The Services, including, without limitation, any of Company’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), know-how, 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 Company, and you shall have no interest in them whatsoever.
All right, title, and interest in and to the Site, except for information and content generated by you and third-parties, are and will remain our exclusive property. Our intellectual property rights in the Site 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 our trademarks, logos, domain names, and other distinctive brands. There is also nothing in these terms that gives you the right to copy the Site, to copy any feature or portion of the Site, or create a derivative of the Site. Any feedback, comments, or suggestions you may provide regarding the Site is entirely voluntary and we will be free to use your feedback, comments, or suggestions as we see fit and without any obligation or approval to you whatsoever.
9 – USER CONDUCT
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.
10 – INDEMNIFICATION
You agree to immediately notify Company of and indemnify and hold Company, 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 this Agreement by you, or the infringement by you, or another user using your computer, on 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 Company (including, without limitation, its independent consultants, subcontractors, distributors, or any client of Company (collectively, “Company Third Parties”)) assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your communications, data, or personalization settings.
Company and Company 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 Company nor any Company Third Parties make any warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, error or virus free; nor does Company make any warranty as to the results that may be obtained from the use of the Services or as to 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 use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data. We do not guarantee the security of the online services or the prevention from loss of, alteration of, or improper access to, your account information or data, or that the online services will be free of viruses, worms or other harmful components.
We 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. We make no representation or warranty whatsoever relating to or resulting from the use or inability to use the online 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 our control.
The Services may contain links to third-party sites not affiliated with us in any way. These links are provided to you only as a convenience and are not under our control. We are not responsible for the contents of any linked site, or any link contained on a site linked through the Services. The links we provide does not imply that we have endorsed any third-party site that a link is provided for.
We make no representation or warranty that the information on www.electric-ease.com 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 herein.
12 – LIMITATION OF LIABILITY
In no event will TriForce Management Applications LLC, DBA Electric Ease, its parents, subsidiaries, affiliates, officers and employees, or any Company Third Parties be liable to you for any special, exemplary, indirect, incidental, or consequential damages, including but not limited to those for loss of profits, revenue, or goodwill, use, data or other intangibles, , whether the claim is based upon contract, breach of warranty, tort, or other theory, resulting from or concerning the use or the inability to use the Services or your failure to comply with this Agreement, even if advised of the possibility of such damages. In no event shall the total and aggregate liability of any party under this Agreement for any cause of action or reason whatsoever exceed your past 6 months of fees paid to the Company. Your sole and exclusive remedy under this Agreement is to discontinue the use of the Services. The liability of any party under this Agreement shall be cumulative and not per incident. TriForce Management Applications LLC, DBA Electric Ease disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
any errors in or omissions in the services and its content, including but not limited to technical inaccuracies and typographical errors,
any errors or omissions from resulting from your use of the Services;
any third party websites or content therein directly or indirectly accessed through links in our site, including but not limited to any errors in or omissions therefrom,
the unavailability of the Services, our site, or any portion thereof,
your use of the Services and/or any errors or omissions in data entry by you, or
your use of any equipment or software in connection with the Services.
13 – NOTICES
Unless otherwise provided herein, notices given by Company to you will be given by e-mail. Notices will be sent to the e-mail address you provide to Company as part of the registration process, or to updated addresses which you provide to Company via notice consistent with this paragraph. Notices given by you to Company must be given by e-mail to email@example.com or such updated address and number as Company may provide you consistently 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 e-mail address last provided by you to Company 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.
14 – GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa notwithstanding any conflict of law’s provisions. You irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts of Iowa (the “Iowa Courts”) for any litigation or controversy arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Iowa Courts and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.
15 – GENERAL
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver will be in writing and signed by the waiving party. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms of Service at any time in our sole discretion by posting such revised Terms of Service at the Terms of Service link (i.e., this webpage that you are currently viewing) or elsewhere in this Website. The contents of the Terms of Service may be altered at any time, at our discretion. Please review the Terms of Service link on a regular basis for changes. Continued use of our Site following any change constitutes your acceptance of the change.
16 – PRIVACY
TriForce Management Applications LLC, DBA Electric Ease, is committed to respecting our customer’s privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your customer relationship with TriForce Management Applications LLC, DBA Electric Ease. TriForce Management Applications LLC, DBA Electric Ease, will not sell, rent, or lease your personally identifiable information to others. Unless required by law or your prior permission is obtained, TriForce Management Applications LLC, DBA Electric Ease, will only share the personal data you provide with other TriForce Management Applications LLC, DBA Electric Ease, entities and/or business partners who are acting on our behalf to provide you services. Such TriForce Management Applications LLC, DBA Electric Ease, entities and/or national or international business partners are governed by TriForce Management Applications LLC, DBA Electric Ease, privacy policies with respect to the use of this data.
If you are under 13 years old, you may not use the Services. Parents and guardians of minors are responsible for monitoring and supervising their minor’s use of the Services. If your minor is using the Services without your express consent and is under 18 years old, please contact us immediately so that we can disable their access.
If you have questions regarding the Terms of Service, please contact us at firstname.lastname@example.org.