EZOnline Software License Agreement
1. Under this Software Use Agreement (the Agreement) EZOnline Scheduling (the Vendor) grants to the user (the Licensee) a non-exclusive and non-transferable license (the License) to use EZOnline Scheduling (the Software).
2. Software includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
4. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
5. The Software may not be modified, reverse-engineered, or dc-compiled in any manner through current or future available technologies.
6. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
7. The Vendor allows for the Licensee to use the software at a predetermined monthly fee. This fee will be established at the initial setup and subsequent addition or deletion of options. Monthly fees are determined by the number of options the licensee uses with the standard service.
8. Promotional fees may be offered to new customers, these promotional fees if different from already agreed prices do not apply to existing customers.
Limitation of Liability
9. The Software is provided by the Vendor and accepted by the Licensee as is. Liability of the Vendor will be limited to a maximum of the current monthly fee. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, loss of appointment(s) or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
10. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
11. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
12. The Vendor may remedy any non-conforming Software by providing a refund of the current monthly fee, prorated for days used.
Warrants and Representations
13. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
14. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (Acceptance) on registration of the service with the Vendor.
15. The Licensee will be entitled to technical support via email or phone at no additional cost. However complete scheduling setup of the Licensees site may be subject to setup charges.
16. The term of this Agreement will begin on Acceptance and is perpetual.
17. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. Non payment of monthly fees with balances owed for more than 30 days constitutes a breach of this agreement.
18. Licensee may terminate the use of the software at any time
19. There will be no refund of the monthly fee for unused days of the month if cancellation takes place at a date other than the last day of the month.
20. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Manure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
21. The Parties to this Agreement submit to the jurisdiction of the courts of the State of Arizona for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Arizona.
22. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
23. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
24. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
25. If the terms, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
26. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
27. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendors successors and assigns.
28. All notices to the Vendor under this Agreement are to be provided at the following address:
P0 Box 93682
Phoenix, AZ 85070-3682
Our Commitment to your Privacy
EZOnline Scheduling is committed to protecting your privacy and ensuring that your visit to our website is completely secure.
Collection of your Personal Information
EZOnline Scheduling only saves such personal information that is necessary for you to access and use our services. This personal information includes, but is not limited to, first and last name, physical address, email address, phone number, birth date, financial information, and vehicle information.
How we use your Personal Information
Your personal information will be used in order to provide you with better service. This includes the use of information for completing transactions or communicating back to you. Credit card numbers are used only for payment processing and are not used for any other purpose.
Who we share your Personal Information with
We will NOT sell or rent your name or personal information to anyone else. We DO NOT sell, rent or provide outside access to our mailing list at all.