Terms & Agreement

Click to Print This Page EzElrn Content Agreement LEGAL NOTICE: This is a legal contract between WWW.EZELRN.COM, (‘Company’, ‘We’, ‘Us’, ‘Our’), Visitor/User, (‘User’, ‘You’, ‘Your’), or Subscriber (‘Paid Subscriber’,’Subscriber’, ‘Client’). PLEASE READ THIS AGREEMENT CAREFULLY. It governs how you may use our website, and any content or other digital media; programs; or apps; made available through our website. WEBSITE USAGE Upon your use, visiting, or registering upon our Company’s website, whether using our app, program(s), uploading as well as downloading files, or accessing any content whatsoever, you agree to all of the legal terms contained within this Agreement. ‘Content’ means any: app; program; file; digital media; link(s); photographs; visual representation; or any other digital file or information that can be accessed or downloaded from our website. Our rules, policies, and regulations, may be published from time-to-time on our website. The Company reserves the sole right to change or amend the Terms of this Content License Agreement at any time. Terms and Conditions as contained herein, apply to all visitors or users of our website and services, which includes and is not limited to: users; visitors; customers; and any third parties that might access our website; program; app(s); or content. 1. License Under the terms of this Agreement, the Company hereby grants the Customer or Paid Subscriber, a limited, non-exclusive, non-transferable, non-sub-licensable, worldwide license with the right to access and use the app(s); program(s); and digital content on our website. Any other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by the Company. 2. License Restrictions The license granted herein is solely for the use of paid subscribers, although the client may authorize up to and including three (3) employees or individuals, access or authorization to use our educational program(s) or app(s) as permitted within this Agreement. This license does not grant you any additional rights to use, access, or otherwise manipulate content downloaded from our website. The paid subscriber may install and download licensed content on up to and including two (2) computers or electronic devices. If the Subscriber requires the program, app, and/or licensed content to be installed on more than two devices, or to be accessible by more than three (3) employees or representatives, the Subscriber must purchase an additional license or an extended, multi-Use license for said content. The subscriber is only permitted to make (1) one backup copy of the licensed content with the understanding that its usage is subject to the Terms of this Agreement. Software and app upgrades to future versions may be free; based upon a one time user fee; or paid based upon a subscription. Please review our website or contact Customer Service for additional information on license restrictions and upgrades. 3. Prohibited Uses Whether as a visitor, user, or paid subscriber, you are prohibited from the following behavior: 1. Reselling or otherwise distributing our apps; programs; or licensed content. 2. Using or displaying our apps; programs; or licensed content on websites; social media websites; or any other commercial venue in order to sublease or sublicense the app; program; or licensed content; or make the licensed content available for public use in any manner whatsoever. This may include and is not limited to: files; data; digital media; trade names or trade marks; or any excerpt or derivation of the licensed content. 3. The licensed content may not be used for any: immoral; illegal; obscene; defamatory; or libelous purpose. 4. Reverse engineering; decompiling; or disassembling the source code; app; program; or licensed content for any reason whatsoever. 5. Removing, changing, or modifying any copyright; trademark; service mark; or any other copyright/intellectual property right information that may be displayed or embedded within or on the licensed content. 6. Sub-licensing; reselling; renting; leasing; assigning; or otherwise transferring the: apps; programs; or licensed content or any rights you have been granted under this this Agreement. 7. Installing; uploading; using; or displaying the licensed content on more than two (2) computers or electronic devices at one time; or uploading; posting; or displaying the licensed Content on any network or web server. 8. Using; accessing; or displaying any apps; programs; or licensed content by more than three (3) agents, employees, or representatives, unless the subscriber has purchased an additional or extended license. 4. Agreement Term and Termination This Agreement begins upon your access, use, and/or acceptance of our website; licensed content; or agreement; and remains in effect until terminated by either party. Some provisions will survive termination of this agreement, including but not limited to: intellectual property rights; indemnification; limited liability; hold harmless; and choice of law provisions. (i) You may terminate this Agreement at any time by: (a) providing us with a three (3) day written notice of cancellation; (b) uninstalling or deleting the apps; programs; or licensed content from your computer and all electronic devices; (c) Deleting any copies of all licensed content from your computer(s) and electronic devices. Upon termination you must cease and desist from using any and all programs; apps; or licensed content. (i) We reserve our rights to terminate this agreement at any time, with or without notice to you, if we discover you have violated provisions of this agreement. We also reserve the right to revoke or amend the license granted herein, at any time, or replace the program; app; or licensed content with an alternative for any reason. In the event of replacement, the terms and restrictions of the original license shall apply. (ii) If at any time you receive actual notice of potential or actual claim of (third party) copyright infringement, you must immediately: (i) notify our Company in writing at: [email protected] (ii) cease and desist from using: our app(s); program(s); and or licensed content; (iii) delete or remove the licensed content from your electronic devices. We may choose as an alternative to replace the app, program, or licensed content, subject to your subscription and license. Our company shall retain the sole right to make the determination on cancellation or substitution of said content. 5. Warranty Pursuant to the terms of this Agreement and your subscription, we warrant that the licensed content will not infringe upon any copyright, or intellectual property rights of any third party, and will not violate any right of privacy or right of publicity. We promise that the EzeLrn system and programming is original to us, and does not impinge upon the copyright or intellectual property rights of any third party. YOU UNDERSTAND AND AGREE THAT ANY AND ALL LICENSED CONTENT IS PROVIDED ‘AS IS’ WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT NOR GUARANTEE THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE LICENSEE BEARS ALL RISK FOR USE OF SAID CONTENT. SHOULD THE CONTENT PROVE DEFECTIVE, YOU ASSUME ALL RISK AND COST FOR CORRECTIONS. IF YOU ARE DOWNLOADING CONTENT EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO REPRESENTATION OR WARRANTY RESPECTING THE LICENSED CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 6. Indemnification You agree to indemnify, defend and hold www.EzeLrn.com, its affiliates, employees, directors, agents, representatives, and partners, harmless from any and all unforeseen third party: claims, liability, losses, damages, costs, and expenses (including but not limited to legal fees) which may be incurred in connection with this Agreement. 7. Limitation of Liability Provided that you have used the: programs; apps; and/or licensed content under terms of this Agreement, we agree to defend and indemnify you as well as your employees an representatives from all damages, liabilities and expenses (including but not limited to legal fees), which might arise as a result of the licensed Content subject to this Agreement. AT NO TIME SHALL ANY OF OUR REPRESENTATIVES, AFFILIATES, CONTENT PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, OR OTHER PROCEEDING ARISING UNDER THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST AROSE. WE SHALL NOT BE LIABLE AT ANY TIME FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS YOU HAVE MADE TO THE LICENSED CONTENT. NOTWITHSTANDING ANY OTHER TERMS UNDER THIS AGREEMENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT AND ANY OTHER AGREEMENT UNDER WHICH WE HAVE LICENSED THE SAME CONTENT, REGARDLESS OF FILE SIZE, OR YOUR USE/EXPLOITATION OF ANY OR ALL LICENSED CONTENT IN ANY MANNER, OUR AGGREGATE LIABILITY SHALL BE LIMITED TO TEN ($10.00) US DOLLARS PER LICENSED CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 8. General Provisions (a) You may not: assign; sell; or otherwise transfer your rights under this Agreement or License, at any time without our prior written permission. Nor may you modify or change the terms of this Agreement without our written consent. However, we may assign this Agreement with or without your permission at any time, under the terms of this Agreement. (b) Your use of any: app; program; or licensed content in any manner not permitted under this Agreement constitutes a breach of its terms, and we shall be entitled to exercise any and all rights and remedies in order to enforce these terms. You understand and agree to be liable and responsible for any and all damages resulting from said breach, including but not limited to legal and attorney fees. (c) You are responsible for any and all appropriate sales or use tax imposed by any government authority or jurisdiction as a result of the license granted to you by: www.ezelrn.com (d) Any and all disputes regarding these terms shall be resolved in a professional and business-like manner, absent resolution, disputes shall be resolved by binding mediation, located in Mesa, Arizona, with the parties agreeing to share the cost and choice of an unbiased, third party mediation. The prevailing party shall be entitled to reimbursement of any and all costs and fees, including but not limited to attorney’s fees. 9. Governing Law This Agreement will be governed under the laws of the United States of America, and the State of Arizona, without reference to conflict of laws provisions. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is expressly excluded. 10. Contact Any questions or concerns relating to this Agreement, should be directed to: www.EzeLrn.com Email: [email protected] Phone: 480-404-7778 Address:Po box 13652 7316 E southern Ave Mesa AZ 85216-3652 EzElrn


Terms Of Use THIS IS A LEGAL AGREEMENT BETWEEN YOU (‘Visitor’, ‘User’, ‘You’, ‘Your’), AND www.EzeLrn.com (‘Company’, ‘We’, ‘Our’ or ‘Ours’). PLEASE REVIEW AND READ THESE TERMS OF USE BEFORE ACCESSING OUR WEBSITE; APP; PROGRAMS; CONTENT; OR USING ANY SERVICES OFFERED. IF YOU DISAGREE WITH THESE TERMS, DO NOT USE OR ACCESS OUR WEBSITE. Upon your registration and use of our website; software; or apps; you agree to all of all of the terms and conditions within this Agreement. Our Privacy Policy, and Intellectual Property Policies are incorporated herein. At our sole discretion, we may decide to publish our rules, policies, and procedures from time to time on our website, and we reserve the right to amend these Terms at any time. This Agreement along with its terms and conditions apply to all users of our services, including but not limited to: subscribers; customers; content contributors; vendors; and third parties that access our Website or licensed content. ACCESS Licensed content; programs; and software provided on our website is for educational and informational purposes only, which is to be used solely for your own use, under the Terms of this Agreement and our Content Terms of Use. You acknowledge and understand it is not for the use or benefit of any third party. At no time is any of our licensed content or software to be construed as advice of any kind. Content and services may include, but is not limited to: our website; apps; software; programs; licensed content; or any other material or service offered through our website. Each paid subscriber of our software or app is granted a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use our products and services (see our Content and Licensing Agreement). Visitors may review, read, or print pages from our website for their own use as provided within this agreement, but content must not be: republished; sold; rented; licensed; duplicated; displayed; or otherwise copied, used, or exploited for commercial use. Visitors and vendors may post links or content from their website within our site. As a result, we are granted license and permission to use and allow others to use such links and content within our site. REGISTRATION AND ELIGIBILITY You may visit and browse our website without registering, but as a condition to using certain aspects of Our website, you may be required to register. Therefore, you warrant and promise that you are over the age of thirteen (13), and are providing us with accurate and complete registration information such as: user name; e-mail address; and password. It is the subscriber’s responsibility to maintain their registration information and keep it up-to-date. Failure to do so is a breach of these Terms, which may result in the termination of your account. Clients are prohibited from the following, unless with the written permission of the Company and the end user: creating multiple accounts; creating an account for anyone other than yourself without that person’s permission; utilizing a User name that belongs to another with the intent of impersonation; utilizing a User Name or account that belongs to another without authorization; or utilizing a User Name that would be considered offensive, vulgar, obscene, or unlawful. We may refuse registration of, or cancel a User Name at any time. Clients and subscribers are responsible and liable for activity that occurs on their accounts, and are expected to keep account information and their password confidential. You must immediately notify our Company in writing: if you believe your account has been hacked; there is unauthorized activity on your account; or your account security has been breached. We reserve the right to modify these terms at any time. You, the visitor and/or subscriber are responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations in your home jurisdiction; that they are applicable to you ; and your right to access the Service is revoked where these Terms of Use or use of the Service is prohibited. In that event, you consent and agree not to use or access Our site or services in any way. CONTENT Subscribers and visitors are responsible for any and all content that is: uploaded; downloaded; or otherwise transmitted via our website. We cannot guarantee the authenticity of any content or data, which users may provide about themselves. You acknowledge that all content accessed by you, whether accessing our website or using our services, is at your own risk. You consent and accept responsibility as well as liability for any damages or losses to you or any other party as a result of this usage. The term ‘Content’ includes and is not limited to: files; digital media; information; data; source code; comments; data; text; or any interactive features generated, provided, or otherwise made accessible by us or through our website. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained by users, including content that is added to our website with users linking their accounts to third party websites and services, is collectively referred to as, ‘User Submissions.’ Our company retains all rights, title and interest to our own content; trademarks; service marks; logos; copyrights; patents; trade secrets; or other proprietary rights and laws, as applicable. You agree not to infringe upon those rights and to abide by and maintain all copyright notices, information, and restrictions contained in any Content in relation to our app, software, or services. USER SUBMISSIONS We may use your User Submissions in any way to promote our business, including but not limited to: public displays; reconstruction or deconstruction; incorporation into marketing and advertising materials; promoting and/or distribution; and allowing other users to do the same in connection with their own websites, platforms, and applications. By your submission of any content or files made available through our website, you hereby grant us, our employees, and agents, a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable, and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit said content. You certify and agree that you have all rights, title, and interest, to grant such license to us without infringement upon or violation of any third party rights, including without limitation, privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through our website, is your sole responsibility and that we will not be liable for any errors or omissions in any content submitted. RULES AND CONDUCT You agree not to use our website or services for any improper, illegal, or prohibited purpose. Harassment, bullying, obscenities, pornography, bigotry, and/or violence is strictly prohibited. You must not use this website in any way that causes, or may cause, damage to our website; or impair the availability or accessibility of our website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You are prohibited from using our website to copy; store; host; transmit; send; use; publish; or distribute any material which may contain or is linked to: spyware; malware; viruses; a Trojan horse; worm; or any other malicious computer software. Nor must you conduct any systematic or automated data collection activities, including but not limited to: scraping, data mining, data extraction and data harvesting, on or in relation to this website. We reserve the right to access, read, preserve, and disclose any information we reasonably believe is necessary to: (i) satisfy any applicable laws, regulations, legal process, or governmental requests, (ii) enforce these Terms of Use, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety or that of our users and the public. THIRD PARTY SITES AND SERVICES Our website may contain links or backlinks permitting you to link or access other websites, services or resources on the Internet. Accessing third party websites is done at your own risk. You understand and agree that we have no control over third party websites, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these websites or resources. You understand and agree that we are not responsible or liable, directly or indirectly, for: any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content; links; websites; goods; or services available on or through third party websites. You may opt out of the use of cookies for interest-based advertising, or opt out of a third party vendor’s use of cookies by visiting www.aboutads.info. COOKIES Our website uses cookies. Cookies allows us to track our visitor and subscriber’s browsing habits which help us market as well as improve your overall experience when visiting our website. We warrant that the information collected via cookies is kept in-house for our own internal purposes, and will not be sold or shared with third parties. Your use of our website is construed as your consent to our use of cookies, in accordance with this Agreement and our Content Terms and Conditions. Third party vendors may use cookies to serve ads to visitors/users, based upon their prior visits to our website. You can opt out of the use of cookies for interest-based advertising by visiting Google’s ‘Ads Settings.’ (Alternatively you can opt out by visiting www.aboutads.info ). PRIVACY POLICY Your privacy is important to us. Although we collect private information from our subscribers as to: contact information; email addresses; phone numbers; usernames; and passwords; we promise never to sell or share your information with any third party. Any and all data and information is kept in-house and is used strictly for marketing, security, and analytical purposes. If at any time we change or amend this policy, or decide it is in our best interests to share your information with our business partners, visitors and subscribers will be notified via policy change notices displayed upon our website. CUSTOMER SERVICE Subscribers and users of our website, app, and software may contact us for customer support 24 hours a day, 7 days a week. Typical response time is twenty-four (24) hours, depending upon the urgency of the requests. All emails, requests, and contacts shall be answered on a first-come, first-served basis. Our email address is: [email protected] Phone Support: 480-404-7778. Training webinars are also available at regularly scheduled intervals. Please see postings on our website for times and dates, or contact customer support to sign up for one of our pre-scheduled webinars. TERMINATION We may terminate your access to all or any part of our website or services at any time, with or without notice to you. You may terminate your account at any time by contacting customer support in writing, and requesting termination. You understand and agree that you are liable for any and all outstanding fees and costs on your account upon termination. Some provisions of these Terms of Use shall survive termination, including, without limitation: ownership provisions, warranty disclaimers, indemnity, limitations of liability, and choice of law provisions. WARRANTY DISCLAIMER To the extent required by law, you understand that we have no special relationship with or fiduciary duty to you. Our website is provided ‘as is’, without any express or implied warranty or guarantee. You acknowledge that we have no control over and no duty to take any action regarding: which users gain access to our apps and services; what content you access via our website; what effects this content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You agree to release us from any liability as a result of having acquired or not acquired content through our website. Our software; app; and/or services may contain or direct you to websites containing information that some people may find offensive or inappropriate. We make no warranty or representation concerning any content contained in or accessed through our app, software, or services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through our app or service. You agree to release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, and we make no representations or warranties as to the conduct of users or the veracity of any information provided. INDEMNIFICATION You agree to defend, indemnify, and hold harmless www.Ezelrn.com its employees, contractors, directors, agents, and affiliates from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, our app; software; website; services; content; URL; or links; either by you, or any third party using your account, or any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. LIMITATION OF LIABILITY You agree we are not liable to you in any way, relating to our website; software; apps; programs; or other content located on our website. Further, you understand that we are not responsible for any: direct, indirect, special, or consequential losses; business losses; loss of revenue, income, profits, or anticipated profits; loss of contracts, business relationships; loss of reputation and or goodwill; or loss/corruption of any information or data. These limitations of liability apply even if We have been expressly advised of the potential loss. GOVERNING LAW A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents under state or federal Rules of Evidence. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona, and the United States of America, excluding any conflict of law or CISG (Convention on the International Sale of Goods and Services) provisions. Any and all disputes regarding these terms shall be resolved in a professional and business-like manner, absent resolution, disputes shall be resolved by binding mediation, with the parties agreeing to share the cost and choice of an unbiased, third party mediation located in Mesa, Arizona. The prevailing party shall be entitled to reimbursement of any and all costs and fees, including but not limited to attorney’s fees. CONTACT You may contact www.ezelrn.com at the following, Address:Po box 13652 7316 E southern Ave Mesa AZ 85216-3652 Phone: 480-404-7778 Email: [email protected] Effective Date:12-31-14