Terms of Use
By using and/or visiting this application and website (collectively, including all content and functionality available through the EasySecured Client Interface), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) EasySecured's privacy notice, found at http://www.easysecured.com/privacy.html and incorporated here by reference, and and also incorporated here by reference ("Agreement"). If you do not agree to any of these terms, the EasySecured privacy notice, please do not use the EasySecured application or website.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.easysecured.com/terms.html. EasySecured may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
The Terms form a legally binding agreement between you and EasySecured in relation to your use of the Services. It is important that you take the time to read them carefully.
·
sale
of access to the EasySecured Application or Website or its related services on
another website;
·
use
of the EasySecured Application or Website or its related services, for the
primary purpose of gaining advertising or subscription revenue;
·
and
any use of the EasySecured Application or Website or its related services that EasySecured
finds, in its sole discretion, to use EasySecured's
resources with the effect of competing with or displacing the market for EasySecured,
or EasySecured content.
As part of EasySecured's copyright policy, EasySecured will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
YOU
AGREE THAT YOUR USE OF THE EASYSECURED WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, EASYSECURED, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EASYSECURED MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EASYSECURED WEBSITE. EASYSECURED
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EASYSECURED
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND EASYSECURED WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
IN
NO EVENT SHALL EASYSECURED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EASYSECURED
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES
OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW,
AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS,
WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY
TO THIS AGREEMENT.
YOU
SPECIFICALLY ACKNOWLEDGE THAT EASYSECURED SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The
Website is controlled and offered by EasySecured from its facilities in Maharashtra,India. EasySecured
makes no representations that the EasySecured Website is appropriate or
available for use in other locations. Those who access or use the EasySecured
Website from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
You
agree to defend, indemnify and hold harmless EasySecured, its parent
corporation, officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the EasySecured Website; (ii)
your violation of any term of these Terms of Service; (iii) your violation of
any third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that one of your User Submissions caused
damage to a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the EasySecured Website.
You
affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case, you affirm that
you are over the age of 13, as the EasySecured Website is not intended for
children under 13. If you are under 13 years of age, then please do not use the
EasySecured Website—there are lots of other great web sites for you. Talk to
your parents about what sites are appropriate for you.
These
Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by EasySecured without
restriction.
You
agree that: (i) the EasySecured Website shall be
deemed solely based in Maharashtra, India; and (ii) the EasySecured Website
shall be deemed a passive website that does not give rise to personal
jurisdiction over EasySecured, either specific or general, in jurisdictions
other than Maharashtra, India. These Terms of Service shall be governed by the
internal substantive laws of the State of Maharashtra, India, without respect
to its conflict of laws principles. Any claim or dispute between you and EasySecured
that arises in whole or in part from the EasySecured Website shall be decided
exclusively by a court of competent jurisdiction located in San Mateo County, Maharashtra,
India. These Terms of Service, together with the Privacy Notice at and any other
legal notices published by EasySecured on the Website, shall constitute the
entire agreement between you and EasySecured concerning the EasySecured
Website. If any provision of these Terms of Service is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Service,
which shall remain in full force and effect. No waiver of any term of this
these Terms of Service shall be deemed a further or continuing waiver of such
term or any other term, and EasySecured's failure to
assert any right or provision under these Terms of Service shall not constitute
a waiver of such right or provision. EasySecured reserves the right to amend
these Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes. Your use of
the EasySecured Website following any amendment of these Terms of Service will
signify your assent to and acceptance of its revised terms. YOU AND EASYSECURED
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EASYSECURED
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.