Effective Date: July 1, 2016
The following governs your use of all the web pages hosted by Electronic Forms, LLC, a Florida Limited Liability Company, and any affiliates or partners owned or managed by Electronic Forms, LLC (collectively referred to as “eForms”, “we” or the “Site”). By accessing or using the Site, you expressly agree and consent to the following terms and conditions. If you do not accept the following terms and conditions, then do not use this Site.
2. WHAT IS YOUR OBLIGATION AS A USER?
You represent that you are at least 18 years of age and are not prohibited from receiving services under the laws of the applicable jurisdiction. You agree to provide accurate and complete information on the Site’s registration form. You acknowledge that eForms owns your account and that you have no ownership rights to your account. You agree to abide by the following rules:
- You agree not to disseminate your user name or password and that you are responsible for maintaining the confidentiality of your user name and password to protect your personal information. Whether you authorize it or not, you are responsible for any and all uses of your registration.
- You agree to notify eForms immediately of any unauthorized use of your registration and password.
- You agree not to present eForms Site Content (or permit Site Content to be presented) in such a way that it appears to be available from a third-party Web site. • You agree to not delete or revise any material posted by others.
- You agree to not breach or attempt to breach the security measures incorporated in the Site or access data not intended for your use.
- You agree to not log into a server or account which you are not authorized to use.
- You agree that you will not use the Site to advertise or offer to sell or buy any goods or services.
- You agree to not use the Site for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations.
- You agree not to interfere with the service to any User, host or network.
- You agree not to modify, reverse engineer, decompile, translate or disassemble any portion of the Site. • You agree not to forge any TCP/IP packet header or any part of the header information in any e-mail or posting.
- You agree to access the Site only through the interfaces provided by the Site or by navigating to https://www.eforms.com/ using a web browser.
- You agree to not use software, devices, script robots, other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in or on the Site. • You agree to not use or copy information, content or any data you view on and/or obtain from the Site to provide any service that is competitive with the Site.
- You agree to report inappropriate postings or conduct to eForms.
- You agree to not print out or create an electronic version of any part of the Site or its contents for the use in any litigation or arbitration matter whatsoever under any circumstances.
- You agree to not (i) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Site Content retrieved therefrom without eForms ‘s express written permission; (ii) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism. To the extent you use or obtain contract, application, agreement or other Site Content from eForms, its licensors or the Site, all such information is intended by eForms for personal use by individual consumers only.
3. PENALTIES FOR IMPROPER USE.
4. LICENSE OF SITE CONTENT.
eForms grants you a non-exclusive, non-transferable, revocable license to:
- access and use the Site strictly in accordance with this Agreement;
- use the Site solely for personal, non-commercial uses;
- share your content with friends, relatives and trusted advisors for the purpose of assisting you with your personal
- print information from the Site solely for personal, non-commercial purposes maintaining all copyright and other policies contained therein.
5. WHEN YOU WANT TO UPLOAD/POST OR DISTRIBUTE FORMS AND DOCUMENTS.
- Your Documents may not contain: (i) confidential or private information belonging to others; (ii) material that infringes on intellectual property rights, or violates the privacy or publicity rights of others; (iii) anything sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; (iv) anything offensive to another person or entity; (v) anything that may give rise to criminal or civil liability, (vi)
anything providing instructional information about illegal activities; (vii) any computer code, file, or program that is harmful or invasive or may damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; or (viii) any unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- You may not use your Documents to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements; (iv) post chain letters or pyramid schemes; (v) post opinions or notices, commercial or otherwise; or (vi) restrict the ability of any other person to use the Site.
- If you have an idea or information that you want to remain confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any portion of the eForms’s Site or to any other site through eForms. EFORMS IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED ON OR THROUGH OUR SITE.
- Special Terms Related To Profiles and Documents: As part of the services offered on our Site, eForms permits the creation of an electronic profile for individuals who register for the Site (“Profiles”). These profiles may include graphics, images, text, or data. eForms does not screen or review any of the User posted/uploaded materials to determine suitability for any purpose. In addition, eForms shall not be considered an agent for anyone submitting a Document or other materials through the Site or any company that may view a person’s Document or materials through the Site. Nothing herein shall be construed to create an employer-employee, agency or other relationship between eForms and any individual or entity. eForms has no responsibility for, control over or liability related to anyone using this Site or any Document posted or uploaded to the Site. The Site is merely a venue for Users to create and edit Documents and for others to view Documents when the User provides permission. eForms does not review, screen, edit or monitor the Documents posted on our Site or make any judgments about or selections of Documents or individuals. eForms is not party to any transaction between Users through the Site and has no control over the Documents or the quality, truth, accuracy, reliability, completeness or timeliness of such materials. eForms makes no representations or warranties about any material Users post on our Site.
6. EFORMS DOES NOT PROVIDE LEGAL ADVICE.
eForms is not a law firm. By using this Site, you acknowledge and agree that eForms and its affiliates are not providing legal advice or acting as your attorney, and you assume full responsibility for any consequences and costs associated with your use of this Site and as it relates to your legal matters. No attorney-client relationship or privilege is created with eforms. Eforms strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, eforms cannot guarantee that all of the information on the Site or downloadable documentation is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind eforms provides can fit every circumstance. Furthermore, the legal information contained on the Site or downloadable documentation is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. If, prior to my purchase, I believe that eforms, is giving me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void. Is not a party to any agreement that you enter into as a result of the use of any Document that you create, use or download from the Site. Use of the Site and any Document does not constitute an attorney-client relationship, joint venture or partnership between eForms and any User or third party.
In order to use our services that have fees associated with them, you must provide accurate billing and payment information. You agree to pay eForms for all charges incurred as a result of your use of the Site, including all applicable taxes, fees and surcharges. You authorize eForms to bill your designated payment method for such charges. If eForms, for any reason, does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by eForms or its vendor. Every time you use the Site, you reaffirm that (i) eForms (or its billing agent) is authorized to bill your chosen payment method; (ii) eForms may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges.
- The Price and availability of any product or service offered through the Site are subject to change without notice. Refunds and exchanges will be subject to eForms’s refund and exchange policies then in effect. You agree to pay all charges incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation, any applicable taxes.
8. REFUND AND EXCHANGE POLICY.
If you are less than 100% satisfied with our services or feel there has been an error in billing, please contact us immediately so that we can help you resolve the issue. If you are still not satisfied you may request a refund for up to 7 days after signing up for any service offered on the Site, inclusive of any free trial period. After 7 days you may cancel any subscription or access to the Site, but you will not be entitled to a refund.
9. THIRD PARTIES.
Third parties may offer or provide materials through the pages on our Site. You also may obtain access to other sites on the Internet through the pages on our Site. By providing this service, eForms is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages. Your dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that third party. You agree that eForms shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties’ links and/or ads on the Site and eForms expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof. We and/or third-parties may make available through the Site message boards, chat functionality and comment features to which you are able to post information and materials (each, a “Forum”). PLEASE BE AWARE THAT SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY AS WELL AS THIS AGREEMENT.
10. REPRESENTATIONS AND WARRANTIES.
11. LIABILITY DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EFORMS AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND SITE CONTENT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY EFORMS, AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER INTANGIBLE LOSSES (EVEN IF EFORMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR THE SITE CONTENT. EFORMS RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT EFORMS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN EFORMS’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE. IN NO EVENT SHALL EFORMS (ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $50.00 OR FIVE TIMES THE AMOUNT OF YOUR MOST RECENT MONTHLY PAYMENT (IN THE EVENT YOU ARE A PAYING SUBSCRIBER), WHICHEVER IS LESS. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER APPLICABLE LAW, EFORMS’S AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. EFORMS CANNOT AND DOES NOT CHECK EACH USER’S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE EFORMS (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
12. PROPRIETARY RIGHTS.
The Site and all rights, title and interest in and to the Site is the sole property of eForms and/or its Affiliates or licensors, and is protected by U.S. copyright and international treaties. ” eForms ” and the eForms design logo are registered service or trademarks. All related products and service names, design marks and slogans are also the service marks or trademarks of eForms. In addition, the “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by eForms’s trademarks, service marks and copyrights. Each User retains ownership of any materials the User submits through the Site (each, a “Submission”). However, in order to make Submissions available on the Site and to best provide you with services tailored to such Submissions, eForms requires certain rights to User Submissions. By submitting materials to our Site, including Documents, the User grants to eForms and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation or further notice to you: (i) to use, reproduce, distribute, adapt, edit, modify, create derivative works of, publicly display and publicly perform such Submission, and the contents of such Submission, in any media now known or hereafter developed, for eForms’s business, marketing and promotional purposes and (ii) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, such rights shall be subject to any restrictions or limitations established by the User in connection with the creation or maintenance of such Document (for example, if you limit availability of your Document, eForms will use commercially reasonable efforts to ensure that the availability of your Document complies with the settings you selected). By way of further explanation, eForms would not be able to perform many of the services we offer without your granting eForms these rights. For example, without the right to “adapt,” we would be unable to make the necessary changes to the Submissions so that the Submissions meet our technical criteria; without the right to reproduce, we would be unable to make copies of Submissions on our servers to post the Submissions. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses as set forth in this section and that such Submission through the Site complies with all applicable laws, rules and regulations. You acknowledge that you are solely responsible for verifying any and all information contained in any Submission, including, without limitation, confirming your own data, terms or language, and that eForms is not responsible for correcting any information provided to any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. If you have a good faith belief that materials available on the Site infringe your copyright, send eForms a notice requesting that we remove the material or block access to it and we will investigate the claim and inform you of the results.
13. FITNESS FOR USE.
eForms makes no representation as to appropriateness or availability for use of any of its Site Content in any particular location. Those who choose to access these pages do so on their own initiative and are solely responsible for compliance with local laws.
14. BINDING ARBITRATION.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. If any dispute arises, you must first contact eForms by email at support@Eforms.org, so that we can endeavor to resolve the issue. In the event that we cannot resolve a dispute within sixty (60) days of notification, then all disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) as it may be amended from time to time.
15. FREE TRIALS
Your eForms subscription or membership (“membership”) may start with a free trial. The free trial period of your membership lasts for one week, which is 168 hours (seven consecutive 24-hour periods). For combinations with other offers, restrictions may apply. Free trials are for new subscribers or members only. Electronic Forms LLC reserves the right, in its absolute discretion, to determine your free trial eligibility. Free trials are limited to one per household. Any member of a household that obtains a second free trial will not be eligible for refunds for any reason.
We will begin billing for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “My Profile” link on the “My eForms” page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
16. GENERAL TERMS.
- User Remedies. You acknowledge that, except as expressly provided elsewhere in this Agreement, your only right with respect to any dissatisfaction with any modification or discontinuation of service made by eForms or any policies or practices in providing this Site or our products, including without limitation any change in content or any change in the amount or type of fees or charges associated with our products, is to cancel your subscription or user account, as applicable. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the eForms’ services.
- You agree to defend, indemnify, and hold harmless eForms (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site.
- Term and Termination. This Agreement is effective until terminated. eForms, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination, including deactivation or deletion of your password and user name, and all related information and files associated with it may happen without prior notice. eForms is not liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you.
- For purposes of service messages and notices about the services to you, notice shall consist of an email from eForms to the email address associated with your account, regardless of any other information we may have. eForms shall have no liability associated with your failure to maintain accurate contact information.