Disclaimer
Legal Disclaimer and Agreement:
Content contained on or made available through this Web site does not constitute legal or financial advice. Our services are not the substitute for advice from a licensed attorney or accountant. The completeness, adequacy or currency of the content of this Web site is not warranted or guaranteed. Use of the information on this Web site or materials linked from this Web site is at your own risk. No attorney-client privilege exists between you and any attorneys that may be employed by, or contracted with, easynonprofit.com or its affiliates under any circumstances.
EASYNONPROFIT.COM’S TERMS AND CONDITIONS OF USE
November 2010
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
Easynonprofit.com (ENP) Web Site (the “Web Site”) is a service made available by “ENP” and all content, information and software (“Content”) provided on or through the Web Site may be used solely under the following terms and conditions (“Terms of Use”)
1. Web Site License
As a user of this Web Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site in accordance with these Terms of Use. ENP may terminate this license at any time for any reason.
2. Limitations on Use
Use of the Content on this Web Site is limited to lawful business purposes including the filing of documents and applications with state offices and the Internal Revenue Service. You may not reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Web Site or Content without ENP’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Web Site or its Content is prohibited.
3. Not Legal Advice
Content contained on or made available through the Web Site is not intended to and does not constitute legal advice and no attorney-client relationship formed, nor is anything submitted to this Web Site treated as confidential. The completeness, adequacy or currency of the Content is not warranted or guaranteed. Use of the information on the Web Site or materials linked from the Web Site is at your own risk.
4. Intellectual Property Rights
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For further information see Intellectual Property – Permitted Uses and Restrictions on Use.
5. Registration
Certain sections of the Web Site require you to register. If registration is requested, you agree to provide ENP with accurate, complete registration information. It is your responsibility to inform ENP of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. ENP does not permit any other person using the sections under your name or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
6. Errors and Corrections
ENP does not represent or warrant that the Web Site is error free or other harmful components. We will take steps to the best of our ability to correct all defects with the Web site. ENP does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely or otherwise reliable. ENP may make improvements and/or changes to its features, functionality or Content at any time.
7. Third Party Content
Third party content may appear on the Web Site or may be accessible via links from the Web Site. ENP is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of ENP.
8. Privacy Policy
ENP does receive information that is considered personal, sensitive, and in some cases proprietary. No information submitted to ENP by you or your organization is not sold or disseminated to third-parties for purposes other than completing the services requested by the customer. If you require specific privacy protection compliance email info@easynonprofit.com to address your concerns. Any specific requirements must be submitted before transmitting data to EN through this Web Site.
9. Disclaimer
THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. ENP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ENP DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, OUT OF OR IN ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEB SITE, OR (E) YOUR USE OF EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.
10. Limitation on Liability
ENP SHALL NOT BE LIABLE FOR ANY INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. ENP SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ATTORNEY FEES, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT.
11. Unlawful Activity
ENP reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
12. Remedies for Violations
ENP reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to ENP’s Web Site and its features.
13. Severability of Provisions
These Terms of Use Incorporate by reference any notices contained on the Web Site. The Terms of Use constitute the entire agreement with respect to access to and use of the Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
14. Force Majeure
ENP is not responsible for any delay or failure in performance of the web site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
15. Injunctive Relief
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your from further mischief.
16. Governing Law
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF UTAH (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don’t win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).
17. Right to Rely on instructions
ENP may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Web Site’s automated criteria or which is believed by ENP’s personnel to be genuine. For any password protected areas, ENP may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. ENP may assume the latest email addresses and registration information on file with ENP are accurate and current. When programmed to do so, ENP may take prescribed actions in the absence of receiving proper and complete contrary instructions.
18. Miscellaneous
This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Web Site. Your continued use of this web site after the effective date of such amendment will constitute your acceptance of it. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
19. Intellectual Property – Permitted Uses and Restrictions on Use
This Web Site is protected by copyright law. Copyright© 2010 Easynonprofit.com and Paul W. Jones. All rights reserved.
Access to and use of the ENP Web Site services is provided subject to Terms and Conditions, which you accepted during the Registration process. These Terms and Conditions contain warranty disclaimers, limitations of liability, linking guidelines and restrictions on use.
Except for these specified uses, no part of the materials, including graphics or logos, available through the ENP Web Site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without prior written consent of ENP. Any other reproduction in any form without the permission of ENP is prohibited. Distribution for commercial purposes is prohibited.
20. Trademarks
Nothing contained on this site should be construed as granting any license or right to use any Trademark displayed on this site without the express written permission of ENP or such third party that may own the Trademark.
21. Satisfaction Policy
ENP’s goal is to provide you with excellent service. We want you to be 100% satisfied. If you are not, please contact us via e-mail at info@easynonprofit.com.
If you cancel your order before we have submitted it to a federal, state or local office, the ENP will refund the total amount less a service fee. If you cancel your order after we have already submitted it, we will use our discretion to determine what portion, if any, we can refund.