By signing up as an affiliate with Easy Trucking Software, you agree to the following Terms of Service.
This agreement is by and between Easy Trucking Software and/or their
assigns and all subscribers. Unless the context requires otherwise,
Easy Trucking Software. and/or their assigns shall be referred to as
"us, we, or our" and you shall be referred to as "you, your or
subscriber."
You understand that Easy Trucking Software. and/or their assigns does
not guarantee or predict any type of profit or response from said
services. Subscriber agrees to hold Easy Trucking Software harmless
from and against any and all losses, claims, expenses, suits, damages,
costs, demands or liabilities, joint or several, of whatever kind or
nature which Easy Trucking Software and/or their assigns may become
subject arising out of or relating in any way to the use of the
services provided under this agreement, including, without limitation,
in each case attorneys' fees, costs and expenses actually incurred in
defending against or enforcing any such losses, claims, expenses,
suits, damages or liabilities.
A. Services to be Provided. We agree to pay you certain commissions as
described on our website for referral sales made by customers.
B. Termination. We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote Easy
Trucking Software in a manner that is unethical or inappropriate; or
(c) for any reason, in our sole discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED
OR IMPLIED, WITH RESPECT TO THE SERVICE Easy Trucking Software , ITS
SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A
PARTICULAR PURPOSE. We shall not be liable for any damages suffered by
you, whether indirect, special, incidental, exemplary, or
consequential, including, by not limited to, loss of data or service
interruptions, regardless of cause or fault. We are not responsible for
your lost profits or for your loss of data or information. If
notwithstanding this clause we are held liable to you.
D. TERMS. You agree: (1) to use our system in a manner that is ethical
and in conformity with community standards; (2) to respect the privacy
of other users (you shall not intentionally seek data or passwords
belonging to other users, nor will you modify files or represent
yourself as another user unless explicitly authorized to do so by that
user); (3) to respect the legal protection provided by copyright law,
trade secret law, or other laws protecting intellectual property. 4) to
accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE,
we will attempt to notify you. If you do not take immediate remedial
action which is satisfactory to us, or in the event of a serious
violation of the TERMS OF SERVICE, we reserve the right to terminate
your account immediately. Every effort will be made to inform you prior
to account termination, and to re-establish your account upon receiving
such representations from you as we deem appropriate in the
circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD
YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be
subject to fines and legal actions as a result of your bulk email
promotion..
E. Assignment. This agreement is personal to you. You may not assign
your rights under this agreement without our prior written consent. If
you do assign your rights, as would be the case were someone other than
you to use your account, you shall remain liable to us for any fees due
under this agreement. We may assign this agreement at any time.
F. Change of Terms and Conditions. We reserve the right to change the
terms and conditions of this agreement as needed. Use of our servers by
you after said changes constitutes acceptance of those new terms and
conditions. If you do not agree to the new terms and conditions, you
may terminate this agreement in accordance with Section B.
G. Notification of Account Changes. You agree to provide us with such
other information relating to your use of this service as we deem
necessary or desirable. You agree to notify us if your address, email
address, telephone number, billing information changes.
H. Notices. All notices, requests, demands, and other communications
under this agreement shall be in writing and shall be deemed to have
been given on the date of delivery: if delivered personally to the
party to whom notice is to be given; if sent by electronic mail with a
cc: to sender; if sent by fax; or on the third day after mailing by
first class mail.
I. General Provisions. The subject headings of the articles and
sections are for convenience only, and shall not affect the
construction or interpretation of any of its provisions. If any portion
of this agreement is found invalid or unenforceable, that portion shall
be severed and the remainder of this agreement shall remain in force.
This agreement constitutes the entire agreement between us pertaining
to its subject matter and supersedes all of our prior agreements,
representations, and understandings. Subject to Section I, no
supplement, modification, or amendment of this agreement shall be
binding unless executed in writing by both parties. No waiver of any of
the provisions of this agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any
waiver constitute a continuing waiver. No waiver shall be binding
unless executed in writing by the party making the waiver. This
agreement may be executed in one or more counterparts. Each shall be
deemed an original, but all of which together shall constitute one and
the same instrument. If an organization is the subscriber, the
individual signing up for our services represents that he or she is
duly authorized to enter into this agreement on behalf of that
organization. In the event of a dispute, the parties agree to submit
the matter to the Community Dispute Resolution Service or any
recognized Arbitration Board located within our state and county,
before instituting litigation.
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