Terms of Service
Introduction
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING ON THE "ACCEPTED AND AGREED TO" BUTTON OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
These Terms of Service (this "Terms of Service") are a legal agreement between you and ExpeData, LLC ("ExpeData", "we" or "us") and govern your use of the naturalForms service, including any software, data, information or other materials that you may access or obtain through the service (collectively, the "Service").
If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity's behalf and that such entity agrees to be responsible to us if you violate these Terms of Service.
ExpeData reserves the right to change or modify these Terms of Service at any time and in our sole discretion. If ExpeData makes changes to these Terms of Service, we will provide notice of such changes, such as by sending an email, providing notice through the Service or updating the "Last Updated" date at the top of these Terms of Service. Your continued use of the Service will confirm your acceptance of the revised Terms of Service. We encourage you to frequently review the Terms of Service to ensure that you understand the terms and conditions that apply to your use of the Service.
1. Service Description
ExpeData provides a service for the creation, distribution and collection of data from digital forms. The Service consists of (a) software that allows you to create digital forms and (b) a service that allows you to distribute such forms to your employees, agents and contractors and to collect data from such forms.
2. Free Trial
ExpeData may offer you a free trial of the Service. The free trial will begin on the date you register for the Service and will end on the earlier of (a) the end of the free trial period for which you registered or (b) the date you subscribe to a paid Service. During the free trial, you may use the Service only for evaluation purposes and not for any commercial purpose.
3. Use of Service
You may use the Service only for your own internal business purposes. You may not (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (b) modify or make derivative works based upon the Service; (c) create Internet "links" to the Service or "frame" or "mirror" any content on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as costs of computing devices, internet service provider charges and airtime charges).
4. Privacy Policy
In providing you the Service, ExpeData may collect and use personal data as described in our Privacy Policy, which is located at /privacy and which is incorporated into these Terms of Service by this reference. By using the Service, you signify your acceptance of the Privacy Policy.
5. Proprietary Rights, Licenses and Limitations
5.1 The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ExpeData, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
5.2 You are hereby granted a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes.
5.3 ExpeData and the ExpeData logo are trademarks of ExpeData. You may not use these trademarks without the prior written permission of ExpeData.
6. Billing, Plan Modifications and Payments
6.1 If you subscribe to a paid Service, you will be billed in according to the plan you selected. Fees for the Service are billed in advance on a monthly or annual basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
6.2 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based on ExpeData's income.
6.3 If you upgrade your plan, the new fees will be billed starting with your next billing cycle. If you downgrade your plan, the new fees will be billed starting with your next billing cycle. Downgrading your plan may cause the loss of content, features, or capacity of your account. ExpeData does not accept any liability for such loss.
7. Cancellation and Termination
7.1 You are solely responsible for properly cancelling your account. You can cancel your account at any time by contacting us at support@naturalforms.com.
7.2 All of your content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
7.3 ExpeData, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time.
8. Service Components
ExpeData reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ExpeData shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. Indemnity
You agree to defend, indemnify and hold harmless ExpeData, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service.
10. Disclaimer of Warranties / Limitation of Liability
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXPEDATA AND ITS AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(B) EXPEDATA AND ITS AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXPEDATA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
(E) UNDER NO CIRCUMSTANCES SHALL EXPEDATA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXPEDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). Resulting from: (I) use or inability to use the service; (II) substitute procurement; (III) unauthorized access; (IV) third party conduct; (V) any other matter relating to the service.
(F) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXPEDATA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EXPEDATA FOR THE SERVICE DURING THE TERM OF YOUR USE OF THE SERVICE.
(G) SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
(H) YOUR USE OF ANY ELECTRONIC DOCUMENT SIGNING FEATURES ACCESSED THROUGH THE SERVICE IS AT YOUR SOLE RISK. EXPEDATA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LEGAL ENFORCEABILITY OF ANY DOCUMENT SIGNED ELECTRONICALLY USING SUCH FEATURES.
11. Notices
ExpeData may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the Service.
12. Government Rights
The Service and any related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
13. Export/Import/Re-Export
Software and data available in connection with the Service may be subject to United States export controls. You agree to comply with all applicable export and re-export control laws and regulations.
14. General Terms
(a) Entire Agreement. These Terms of Service constitute the entire agreement between you and ExpeData and govern your use of the Service, superseding any prior agreements between you and ExpeData with respect to the Service.
(b) Choice of Law and Forum. These Terms of Service and the relationship between you and ExpeData shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and ExpeData agree to submit to the personal and exclusive jurisdiction of the courts located within Montgomery County, Ohio.
(c) Waiver and Severability of Terms. The failure of ExpeData to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
(d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(e) Section Titles. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
(f) Assignment. ExpeData may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Service or Privacy Policy without ExpeData's prior written consent, and any unauthorized assignment and delegation by you is void.