License Agreement

END USER LICENSE AGREEMENT

This Mobile Device Application End User License Agreement (the “Agreement“) applies to the “receiver” version of the mobile device application known as “EASE”, “EASE Receiver” or “Electronic Access to Surgical Events – Receiver”, and the related EASE services (collectively the “Application“) provided by EASE Applications, LLC, a Florida limited liability company (“Licensor“).

Acceptance of Terms and Conditions

By continuing to use the Application, you agree as follows:

  • You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
  • You will use the Application in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Licensor from time to time; and
  • You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.

If you do not agree with the terms and conditions in this Agreement, or to our separate Privacy Policy which is incorporated herein by this reference, please discontinue all further use of the Application and immediately uninstall the Application from your device.

In order to use the Application, you must: (a) either be a “Patient” (or parent, legal representative, authorized healthcare surrogate, attorney-in-fact, guardian or other legal caretaker of a Patient), a “Designated Person”, or a “Secondary Recipient” (as such terms are defined herein below in the “Definitions” section of this Agreement); (b) be 18 years of age or older; and (c) have the power to enter into a binding contract with Licensor and not barred from doing so under any applicable laws.  You also warrant that any registration information and all other information that you submit to Licensor is true, correct and complete.

Definitions

Whenever used in this Agreement, the capitalized terms quoted below will have the meaning ascribed to them in this section:

  • Communication” shall have the same meaning set forth in the Section titled “Your Communication and License to Licensor”, herein below.
  • Designated Person” shall mean those persons designated by a Patient (or parent, legal representative, authorized healthcare surrogate, attorney-in-fact, guardian or other legal caretaker of a Patient) to receive EASE Communications through the Application during an EASE Encounter. Patients (and parents, legal representatives, authorized healthcare surrogates, attorneys-in-fact, guardians and/or other legal caretakers of Patients) hereby acknowledge that Designated Persons may be able to add Secondary Recipients (as such term is defined herein below) through the Application to the EASE Encounter, thereby allowing such Secondary Recipients to receive EASE Communications.
  • EASE Communication” shall mean the text messages, audio messages, photos, videos and other communications concerning a Patient’s medical procedure which the Facility transmits through the “sender” version of the Application to Designated Persons and/or Secondary Recipients during an EASE Encounter.
  • EASE Encounter” shall mean a Patient’s medical procedure at a Facility during which such Facility utilizes the “sender” version of the Application to send EASE Communications to Designated Persons and/or Secondary Recipients through the Application concerning the status of the Patient’s medical procedure.
  • Facility” shall mean a hospital, medical center, healthcare system, or similar institution at which a Patient is undergoing medical care and which Facility is authorized by Licensor to use the “sender” version of the Application to send EASE Communications pertaining to such Patient’s medical procedure to one or more Designated Persons and/or Secondary Recipients.
  • HIPAA” shall have the same meaning set forth in the Section titled “Patient Consent”, herein below.
  • Patient” means a medical patient undergoing a medical procedure at a Facility who has consented to participating in an EASE Encounter and authorized the Facility to utilize the “sender” version of the Application to send EASE Communications during the Patient’s medical procedure to one or more Designated Persons and/or Secondary Recipients.
  • Procedure” shall have the same meaning set forth in the Section titled “Patient Consent”, herein below.
  • Secondary Recipient” shall mean those persons who a Designated Person elects to add to the EASE Encounter, thereby allowing such Secondary Recipients to receive the same EASE Communications received by the Designated Person through the Application.

Licensor’s License to You

Licensor grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Application.  This license is conditioned on your continued compliance with the terms and conditions in this Agreement.  You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Application and, if you sell or otherwise transfer a device on which the Application is installed to a third party, you must remove the Application from such device before doing so.  You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application).

Your Communication and License to Licensor

Any communications or material of any kind that you email, post, or otherwise transmit to Licensor using the Application or any other media, including, without limitation, data, questions, responses to surveys or questionnaires, comments, or suggestions (individually and collectively your “Communication(s)“) will become the sole property of Licensor. You hereby grant an exclusive and perpetual license to Licensor to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.  Licensor will be entitled to the unrestricted use and dissemination of such Communication for any purpose, commercial or otherwise, without acknowledgement or compensation to you.  You hereby waive any rights you may have to the Communication (including, without limitation, copyrights or moral rights).  Please do not share your ideas with Licensor if you expect to be paid or want to continue to own or claim rights in them.

At the conclusion of each EASE Encounter, you may have the opportunity to partake in a survey regarding your experience with the Application.  You hereby acknowledge that all responses to such surveys shall be owned by and shall be the sole property of Licensor and shall be deemed to be a Communication.

Electronic Signatures

You agree to be bound by any affirmance, assent, or agreement you transmit to Licensor using the Application or any other media, including but not limited to any consent you give to receive communications from Licensor solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the Application, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Carrier Charges

Licensor does not charge you for the Application, but your carrier’s data rates may apply to your use of the Application.  You acknowledge that Wi-Fi Internet connectivity or data coverage may be required for the Application to function properly.  Licensor is not responsible for providing such Wi-Fi connectivity or data coverage, and you hereby agree to hold Licensor complete harmless for any interruption in, and/or for your inability to obtain, Wi-Fi Internet connectivity or data coverage at the Facility or at any other location.

Use of Licensor Services

The following requirements apply to your use of the Application:

  • You acknowledge that communications received by you on the Application may contain text, audio, video and photos of or having to do with medical procedures and surgical events which some may find to be graphic in nature and disturbing to read, hear, or watch. Examples may include texts, descriptions, photos and videos of surgical procedures, images depicting operating rooms, medical equipment and medical devices, close-up images of bodily fluids, organs, blood, tissue, and bones.  If you do not wish to receive such communications, or if you believe you may be disturbed or offended by such communications, please discontinue use of the Application and delete the Application from your device immediately.  You shall indemnify, defend and hold Licensor completely harmless from any and all liability associated with the nature or context of any communication viewed or heard through the Application by you or by any other third party including, without limitation, any liability arising from a claim based on infliction of emotional distress.  Communications transmitted through the Application may not be suitable for children under the age of 18.  Licensor has no responsibility for the nature or context of any communication transmitted by the Facility (or the Facility’s medical staff, agents, or employees) through the Application.
  • You will not use any electronic communication feature of the Application for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
  • While the Application is designed so as not to store EASE Communications on your device, you nevertheless hereby agree not to use the Application to upload, post, reproduce, take screenshots, or distribute any information, software, or other material protected by any applicable law including, without limitation, HIPAA and related health information protection laws, copyright and any other intellectual property rights (as well as laws and rights of publicity and privacy) without first obtaining the permission of the owner of such rights or otherwise obtaining the permission of the persons such laws were enacted to protect. Without limiting the foregoing, you agree not to take screenshots on your device, or take pictures of your phone, while utilizing the Application.
  • You will not collect, store, upload, post, email, or otherwise transmit any data you receive through the Application, whether in the form of a text, audio communication, photograph, video file, or otherwise.
  • Except as may be authorized by Licensor, you will not use the Application for any commercial purpose not expressly approved by Licensor in writing. You will not use the Application to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
  • You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
  • You will not use the Application when doing so could be dangerous or harmful to you or those around you, such as, by way of example only, when you are driving a motor vehicle, walking, riding bicycle, or operating heavy machinery or equipment, even if doing so is legally permitted in your location.

Security of Data Transmission and Storage

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

Licensor and the Facility (and their affiliates, and agents) are permitted, but not obligated, to review or retain the EASE Communications or your Communications.  Licensor may monitor the EASE Communications and your Communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Application, or for other reasons, such as, by way of example only, improving or modifying the Application and its features. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Licensor or its affiliates or agents monitor the EASE Communications, monitor your Communications, or enforce or fail to enforce the terms of the Agreement.  In no event will Licensor or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Licensor or its affiliates or agents.

Hyperlinks

The Application may contain links to other sites.  Licensor does not control such other sites, and Licensor and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those sites.  The fact that Licensor has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and Licensor cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Licensor or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on other sites.

Trademarks and Copyrights

The Application is owned by Licensor or its affiliates or agents, and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Licensor or its affiliates or agents. Nothing contained in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the Application without the written permission of Licensor or such third party that may own the trademarks displayed in the Application. Your use of the trademarks displayed in the Application, or any other content in the Application, except as provided herein, is strictly prohibited.

Images displayed through the Application are either the property of, or used with permission by, Licensor or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, HIPAA and similar health information protection laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.

Disclaimer of Warranties

YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR SOLE RISK.  THE APPLICATION IS PROVIDED BY LICENSOR ON AN “AS IS” BASIS.  LICENSOR EXPRESSLY DISCLAIMS 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.  LICENSOR MAKES NO WARRANTY THAT (i) THE APPLICATION WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, 100% SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR, OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY REGARDING THE APPLICATION NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE APPLICATION OR ANY OTHER MATTER RELATING TO THE APPLICATION.

Indemnification

You agree to indemnify and hold Licensor and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.  Under no circumstances, including but not limited to a negligent act, will Licensor or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Application.

Governing Law

The Agreement, and all future agreements you shall enter into with Licensor, unless otherwise indicated on such other agreement, shall be governed by the law of the State of Florida, without regard to conflicts of law principles thereof.  This is the case regardless of whether you reside or transact business with Licensor or any of its affiliates or agents in the State of Florida or elsewhere.  Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the State or Federal courts located within the County of Orange, State of Florida.  If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Changes and Amendments

Occasionally Licensor may, in its discretion, make changes to the Application, this Agreement and/or the Privacy Policy. When Licensor makes changes to the Agreement or the Privacy Policy which it considers material, Licensor will notify you through the Application, by email, or otherwise. By continuing to use the Application after those changes are made, you are expressing and acknowledging your acceptance of the changes.

Patient Consent

This Section, entitled “Patient Consent” pertains to Patients and parents, legal representatives, authorized healthcare surrogates, attorneys-in-fact, guardians and other legal caretakers of a Patient.  If you are a Patient or the parent, legal representative, authorized healthcare surrogate, attorney-in-fact, guardian or other legal caretaker of a Patient, you hereby express your/the Patient’s wish to participate in the EASE Encounter in connection with one or more of your/the Patient’s medical procedures at the Facility (the “Procedure(s)“).  You understand that participation in the EASE Encounter is optional and that if you choose to participate in the EASE Encounter, confidential information about you/the Patient will be provided to the individuals designated by you/the Patient (i.e. the Designed Persons and those persons added by the Designated Persons – i.e. Secondary Recipients) to receive such information.  You hereby authorize Licensor and the Facility, their respective medical staff, agents, and employees, to disclose information about the Procedure(s) and your/the Patient’s progress to the Designated Persons and the Secondary Recipients.  You hereby authorize Licensor and the Facility, and their respective medical staff, agents, and employees, to take photographs and/or video/audio recordings of you/the Patient during the Procedure(s), and release Licensor and the Facility, and their respective medical staff, agents, officers, directors, and employees from any and all claims related to the taking of such photographs and video recordings.  You hereby release Licensor and the Facility, and their respective medical staff, agents, officers, directors, and employees from any and all claims related to the release of information concerning you/the Patient to Designated Person(s) and/or Secondary Recipients pursuant to this Consent.  You are responsible for designated the right Designated Person.  You hereby release Licensor and the Facility, and their respective medical staff, agents, officers, directors, and employees from any and all claims related to you/the Patient accidentally or intentionally designating the wrong person as a Designated Person.  You understand that the information released pursuant to this Consent may constitute individually identifiable health information as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA“) and other laws and regulations. You understand that information that has been disclosed is subject to re-disclosure and is no longer protected.

Miscellaneous

This Agreement constitutes the entire agreement between you and Licensor regarding the Application, and governs your use of the Application, superseding any prior agreements between you and Licensor regarding the Application.  If any provision of this Agreement shall be held invalid under law, such invalidity shall not affect any other provision or provisions hereof which are otherwise valid. The failure of Licensor to enforce any provision in this Agreement shall not constitute a waiver of such provision or any other provision.

Contact Information

EASE Applications, LLC

Phone: 407.308.4399

Email: support@easeapplications.com

Last Modified: May 26, 2014.

 

EASE Privacy Agreement

EASE Applications’ Privacy Policy

This privacy policy (the “Policy” or “Privacy Policy“) and the Agreement (as defined herein below) set out how EASE Applications, LLC, a Florida limited liability company, (hereinafter “Us“, “We“, “EASE“, or “Licensor“) uses and protects the personal information you provide through the Application (as such term is defined in EASE’s Mobile Device Application End User License Agreement (the “Agreement“)).

Licensor maintains an ongoing commitment to ensuring that your privacy is protected. Accordingly, any personally identifiable information provided by you to Licensor when you use the Application shall be used in accordance with the conditions outlined in the Agreement and this Policy.  Just as the Policy forms a part of the Agreement, the Agreement forms a part of the Policy, and the Agreement is incorporated herein by this reference.  All capitalized terms not otherwise defined in this Policy shall have the same meaning as set forth in the Agreement.

Licensor may change the Agreement and/or this Policy periodically by updating the same. When Licensor makes changes to the Agreement or the Policy which it considers material, Licensor will notify you through the Application, by email, or otherwise. By continuing to use the Application after those changes are made, you are expressing and acknowledging your acceptance of the changes.

The Information We Collect

This notice applies to all information collected or submitted through the Application. While using the Application, you may have the opportunity to register for services, make requests, and post content.  Accordingly, depending on the process, you may be asked to provide the following types of personally identifiable information:

  • Your name
  • Your postal address
  • Your email address
  • Your phone number
  • Your age
  • Your gender or other demographic information
  • Your location information
  • The name of the Patient who identified you as a Designated Person
  • The Patient’s date of birth
  • The date of the Patient’s medical procedure associated with your use of the Application

As set forth in the Agreement, we may also request, retain, share and use the Communications (as such term is defined in the Agreement) you send us, including, without limitation, your responses to questionnaires and surveys in which we ask you to participate.

We may also, but are not obligated to, retain or destroy copies of all data transmitted to you during an EASE Encounter (such data herein referred to as an “EASE Communication“, as such term is defined in the Agreement).  We may also deliver copies of all such EASE Communications to the Facility to be stored, utilized and administered as the Facility deems appropriate.

Use of Personally Identifiable Information

Licensor takes your privacy very seriously. Accordingly, we agree that we will only use the information you provide for the following specific purposes: to effectuate a registration made by you; to customize the advertising and content you see; to improve the content and overall look and feel of the Application; and to contact you, conduct research, and provide anonymous reporting for internal and external clients, when necessary.  We may also, and you hereby authorize us to, share all information we receive from you or through your use of the Application with the Facility.  We are not responsible for, and you hereby agree to hold us harmless from, the manner in which the Facility utilizes the information we receive from you or through your use of the Application.

We agree that we will not share, sell, rent or otherwise distribute your personally identifiable information with outside parties (other than the Facility), except to provide products or services you’ve requested through us, or in response to a validly-issued subpoena, court order, or other legal process, or when necessary to establish or exercise our legal rights or defend against legal claims made by you or on your behalf.

From time to time, we may employ the use of return email addresses to answer the email we receive from you. Such addresses are not used for any other purpose and are not shared with outside parties (other than the Facility).

Finally, we agree that we will never use or share the personally identifiable information provided to us by you in any way that violates or is otherwise unrelated to the means described in the Agreement or this Policy, without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Registration

In order to use some features of the Application, you must first complete the registration process. During registration, you are required to provide certain personally identifiable information, including, but not limited to the information described above (see: “The Information We Collect”). This information will periodically be used by us to contact you about Application news, updates and changes to the Agreement or this Policy, and to enable you to retrieve your registration information, access code, and password, if necessary.

Correction of Personally Identifiable Information

So that we may best serve you, you are responsible for ensuring that all personally identifiable information you provide on this site is maintained and kept current.

Cookies and Similar Technologies

A cookie is a small text file that resides on your computer, mobile phone, or other device, and allows Licensor or its business partners to recognize your device when you return to the Application. We may use cookies and similar technologies to perform functions essential to the operation of the Application, track usage and trends, provide advertising on the Application, and improve and customize your experience. We may also allow certain business partners to place or recognize cookies for those purposes.

Please note: No personally identifiable information is collected with the cookies that we set.

Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Licensor has established appropriate physical, electronic, and managerial procedures to safeguard and secure the information Licensor collects through the Application.

Children’s Privacy

Protecting the privacy of children is especially important to Licensor. For that reason, Licensor never allows registration of users (i.e. Designated Persons or Secondary Recipients) under the age of 18.  Additionally, Licensor does not collect or maintain information through the Application from users Licensor actually knows are under 18 years of age.  The foregoing, however, does not preclude an individual who is under the age of 18 from being a Patient, provided such Patient’s parent, legal representative, authorized healthcare surrogate, attorney-in-fact, guardian or other legal caretaker consents to the Patient’s involvement in the EASE Encounter.  It is hereby acknowledged and agreed that it shall be the responsibility of the Facility, and not Licensor, to obtain the consent of such Patients’ parents, legal representatives, authorized healthcare surrogates, attorneys-in-fact, guardians or other legal caretakers.

Scope of this Agreement; Third Party Websites

Although this Policy applies to the entirety of information obtained by you for the purpose of accessing or using content controlled and owned by Licensor, it does not apply to entities that are not owned or controlled by Licensor.

The Application may contain links to other third party websites. Please be aware that Licensor does not claim any responsibility for the privacy practices of these third party sites. We encourage you to be aware when you leave our Application and to take reasonable precautions when sharing your personally identifiable information on third party websites.

Contact Information

EASE Applications, LLC

Phone: 407.308.4399

Email: support@easeapplications.com

Last Modified: May 26, 2014

WEBSITE Introduction and Acceptance of Terms of Use

EASE Applications™ offers you a wide range of content, communication tools, forums, and information about its services (“Materials”) via this web site. By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated below (“Terms of Use”), which EASE Applications™ may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that EASE Applications™ may, at its sole discretion, terminate your access to this web site at any time without notice.

Limited Right to Use

This web site is owned and operated by EASE Applications™. Unless otherwise specified, all Materials on this web site are the property of EASE Applications™ and are protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by EASE Applications™ on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from EASE Applications™. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

Communications

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to EASE Applications™ (“Feedback”) will be deemed, at the time of communication to EASE Applications™, the property of EASE Applications™, and EASE Applications™ shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

Access to Password Protected or Secured Areas

Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.

Site Monitoring

Although EASE Applications™ is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. EASE Applications™ will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. EASE Applications™ will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.

Links to Other Sites

The linked sites are not under the control of EASE Applications™ and EASE Applications™ is not responsible for the content of any linked site or any link contained in a linked site. EASE Applications™ reserves the right to terminate any link at any time. EASE Applications™ may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. EASE Applications™ DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

Trademarks

The trademarks, service marks and logos of EASE Applications™ and others used in this web site (“Trademarks”) are the property of EASE Applications™ and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of EASE Applications™ or the respective owner.

Indemnity

You agree to indemnify, defend and hold EASE Applications™ harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this web site.

Limitation of Liability

IN NO EVENT SHALL EASE APPLICATIONS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF EASE APPLICATIONS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

EASE Applications™ assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. EASE Applications™ is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED “AS IS” AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

Applicable Laws

These Terms of Use are governed by the law in force in the State of Florida, United States of America, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Florida and courts of appeal from them for determining any dispute concerning the Terms of Use.

General

If you have any questions regarding the Terms of Use, please contact EASE Applications™ via our Contact Us page.