EasyPrompt Terms of Use

Welcome to EasyPrompt.com. We hope you enjoy the various services we provide. Please be sure to read over the details in this User Agreement. This is an agreement between you (referred to hereinafter as "You," "Your," "Member," "Subscriber," or "User") and EasyPrompt. You should be aware of the benefits we provide and also of the limitations of the service. This Agreement applies to the EasyPrompt.com site and its associated sites (referred to hereinafter "EasyPrompt"). This agreement also applies to the various services offered, including but not limited to subscription, membership, tracking, media client, newsletters and other services that may be added.

Acceptance of Agreement

When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these "Terms") at any time here. Your continued use of our services signifies your binding acceptance of the changes. This Agreement will always be available on this page for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by contacting EasyPrompt via email at support@easyprompt.com.

Our Sites and Services provide you with opportunities to link to, or otherwise use, sites and services offered through our third-party service providers, including email. Your use of these third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to our visitors. Such third-party linked sites are not under EasyPrompt control and EasyPrompt is not responsible for and does not endorse their content. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.

Children Under 13

EasyPrompt Sites and services are not directed to children under the age of 13. EasyPrompt Sites and Services will not knowingly collect personally identifiable information from anyone under 13.

Data Protection

As a Limited company registered in Virginia, United States, EasyPrompt takes all means to ensure we comply with Data Protection, notwithstanding any permission given by you by agreeing to or Terms of Service.

EasyPrompt Site and Services

As a commitment to our users, we currently provide you with access to online resources for setting up links for your end-users to use for adding events and meeting to their default calendar. These include various communication tools, online forums, personalized content and branded programming through EasyPrompt Sites and Services. All services on EasyPrompt are paid for on a yearly basis. Your credit card will be automatically billed yearly unless notified to cancel your service

Service Limitations

We will do our best to make your experience with the EasyPrompt Sites and Services a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that EasyPrompt Sites and Services, including the services of our third-party service providers, are provided "AS IS." EasyPrompt Sites and Services and our third-party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.

Service Changes and Discontinuation

EasyPrompt reserves the right to change or discontinue, temporarily or permanently, the Sites and Services at any time without notice. You agree that EasyPrompt will not be liable to you or any third party for any modification or discontinuance of these Sites and Services.

Privacy Policy

EasyPrompt respects your privacy and has developed a detailed Privacy Policy.

Conditions of Use

For the benefit of the entire EasyPrompt community, and to comply with applicable laws, we have a set of rules that we ask that you follow. We feel these are not unreasonable and make sense both to benefit the site and yourself. Breach of these rules is grounds for termination of your account. Please read them carefully.

  1. Provide Accurate Information
    You agree to provide true, accurate, current and complete information about yourself as requested in EasyPrompt Sites and Services registration forms. Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please keep your registration data current and accurate.
  2. Protect Your Password
    Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify EasyPrompt immediately of any unauthorized use of your password or account or any other breach of security. You must promptly change your password and notify EasyPrompt of the problem.
  3. Stay within the Law
    You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, racist, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others.
  4. Content Restrictions
    EasyPrompt Sites and Services attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of EasyPrompt Sites and Services are protected by international copyright and trademark laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials, or any other form of proprietary content found on EasyPrompt Sites and Services is strictly prohibited without the prior written permission of EasyPrompt.
  5. Limits on Uses of User Information
    By using any EasyPrompt Site or Service, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user's (whether specific to any particular user or as an aggregation) information accessible through any web sites owned by EasyPrompt, including but not limited to any commercial purpose. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences; using the data for targeted marketing campaigns; or using the data to offer services to EasyPrompt users. EasyPrompt reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or Services, including any EasyPrompt account not owned by you, to its source, or exploit the Sites or Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person's use of the Sites or Services. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to EasyPrompt on or through the Sites and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  6. Permissions You Grant to EasyPrompt
    Distributing content you produce (subject to EasyPrompt Privacy Policy): you are licensing to the EasyPrompt Sites and Services any "content" you provide through or to EasyPrompt Sites and Services. User submitted content includes but is not limited to: age, zip code, occupation, and email address. EasyPrompt Sites and Services may modify, display, distribute and create new material using such content on EasyPrompt Sites and Services for the promotion and marketing of our services and the operation of our system. It may be distributed across EasyPrompt Sites and Services for promotion and marketing of our services and operation of our system.
  7. Advertising
    The EasyPrompt Sites and Services is a pay-for-use site. At this time we do not display advertising.
  8. Account Access
    In order to ensure that the EasyPrompt Sites and Services are able to provide high-quality services that are responsive to our members' needs, you agree that EasyPrompt employees have access to your account and records as reasonably needed to investigate complaints.
  9. Merger or Acquisition
    In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by EasyPrompt, EasyPrompt may transfer your Personally Identifiable Information and transition your existing accounts to a similar subscription product to a third party as a part of such merger, acquisition, reorganization, or sale.

Disclaimer of Warranties

You expressly understand and agree that your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. EasyPrompt and its third party service providers 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.

EasyPrompt makes no warranty that:

  1. the Services will meet your requirements
  2. the Services will be uninterrupted, timely, secure, or error-free
  3. the results that may be obtained from the use of the service will be accurate or reliable
  4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations
  5. that your email or voicemail messages will not be lost
  6. any errors in the software will be corrected

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from EasyPrompt Site and Services, our third party service providers, or through or from the Service will create any warranty not expressly stated in the Agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.

User Content

You acknowledge and agree that EasyPrompt Sites and Services do not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, racist, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that EasyPrompt Sites and Services do not pre-screen any user posted content, but that EasyPrompt and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Sites and Service. User is defined as any person who visits EasyPrompt Sites and receives information or uses EasyPrompt Services.

Zero Tolerance

EasyPrompt customers are prohibited from using the Internet at any time for activities that are illegal, or that are inappropriate or offensive to the public. Using EasyPrompt to create, view, store, download, transmit, or intentionally receiving communications, files, or documents that could be interpreted as being unlawful or violating copyright laws, or that contain sexually explicit or pornographic material, is expressly forbidden.

Both the U.S. Copyright Act, and the Digital Millennium Copyright Act of 1998 prohibits the distribution or sharing of copyrighted works without the copyright owner's permission.

When child pornography is appropriately brought to our attention and we have control over it, we will remove it. Subject to constitutional and statutory privacy safeguards, we will cooperate fully with law enforcement officials investigating child pornography on the Internet. We will not allow this valuable new medium to be exploited by child pornographers and child predators.

EasyPrompt has a Zero Tolerance for any violations of these activities. Your account will be immediately canceled and you will forfeit rights to any refunds, if applicable. The Zero Tolerance applies to any activity EasyPrompt deems illegal. The customer will have the right to appeal any cancellation.

Limitation of Liability

You agree that the EasyPrompt will not be liable to you for any harms, which lawyers and courts often call 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 the EasyPrompt Sites have been advised of the possibility of such damages), resulting from:

  1. The use or the inability to use the service
  2. The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service
  3. Unauthorized access to or alteration of your transmissions or data
  4. Statements or conduct of anyone on the service
  5. Any other matter relating to the service.

If, notwithstanding the other provisions of this Agreement, EasyPrompt is found to be liable to you for any damage or loss which arises out of or is any way connected to your use of the Sites or Services, EasyPrompt liability shall in no event exceed the greater of the total of any subscription or similar fees with respect to any Service or feature of or on the Sites paid in the six months prior to the date of the initial claim made against EasyPrompt, or $100.00.

Indemnification

You agree to protect and fully compensate EasyPrompt Sites and Services and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Site or Services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

Further Information

The EasyPrompt Sites and Services provide an online auto calendar merge application of a general nature and are designed to provide subscribers with the ability to link events and meetings. EasyPrompt rights under this Agreement may not be waived unless EasyPrompt agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with EasyPrompt prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void. All matters relating to your access to, or use of, the Service shall be governed by State of Virginia. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and EasyPrompt Sites and Services.

Subscription Terms of Service

THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("SUBSCRIBER", "YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND EasyPrompt ("OUR," "US," "WE" OR "EasyPrompt"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE EasyPrompt Subscription SERVICE (THE "SERVICE"). BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE REGISTRATION PROCESS.

Payment and Credit Card Authorization

You are responsible for paying yearly subscription fees. All listed fees are in U.S. dollars. As a subscriber to EasyPrompt Sites and Services, you agree that we are permitted to charge your credit card (or other approved facility) to pay for the initial Service subscription, any automatic renewals and any other charges you may incur in connection with your use of EasyPrompt Sites and Services. The subscription fee will be billed at the beginning of your subscription and on each annual renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least 10 days prior to the renewal date pursuant to the process set forth below. You give permission for us to automatically renew your subscription and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. We will cancel your account upon receipt of such notification from you. If you terminate your subscription before the expiration of the current term but within this 5 day window, we will reverse the charge for the renewal term. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable. Only in cases of demonstrated fraud will these payments be refunded. Our services are subscription based. Your payment is to reserve your account in an "open" status for the time period paid. You acknowledge and agree that the authorization to charge your credit card for Services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order Services online. Payment must be made by a major credit card accepted by EasyPrompt or via Paypal or one of the other payment processors. If we do not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder.

YOU, AND NOT EasyPrompt, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

EasyPrompt RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY EasyPrompt, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT EasyPrompt. EasyPrompt MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your subscription by contacting EasyPrompt at support@easyprompt.com and indicating your preference. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.

Cancellation of Your Subscription

You may terminate your subscription at any time. When you terminate your account, it will not be automatically renewed and access will be terminated on the expiration date. You acknowledge that EasyPrompt, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if EasyPrompt believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or any EasyPrompt User Agreements. EasyPrompt may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that EasyPrompt may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that EasyPrompt shall not be liable to you or any third-party for any termination of your access to the Service.

Trial Memberships

EasyPrompt occasionally offers promotional trial memberships to its premium services at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the Service at the end of the trial period, unless you cancel at least 24 hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the Service at the standard Service rate and renewal term thereafter, dependant on the original subscription term selected at registration, until you cancel. Your subscription is cancelable at any time by visiting your subscriber preferences page and indicating your preference.

Subscriber Information

You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you will have an account and enter a password. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You must promptly inform EasyPrompt of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until EasyPrompt is notified by e-mail of a breach in security, you will remain liable for any unauthorized use.

Access

You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of premium services is through a combination of an ID and a password. You must keep your password strictly confidential. EasyPrompt will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.

Warranty

No warranty is made by EasyPrompt regarding any information, services, or products provided through or in connection with premium services, and EasyPrompt hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement.

Limitations of Liability

YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.

Use Restriction

The material on EasyPrompt Sites and Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. EasyPrompt spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from EasyPrompt Sites or Services, without express written permission from EasyPrompt. You agree that if you do so, EasyPrompt reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.

Changes to the Agreement

This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on the Sites or Services. Your continued use of the Service constitutes your binding acceptance of this Agreement, including any changes or modifications we may make. If any part of this Agreement or any future changes to this Agreement are not acceptable to you, your only recourse is to terminate this Agreement. We may change, suspend or discontinue all or any aspect of the Service at any time, including availability of any Service feature, database or content, without prior notice or liability.

Notices

Notices by EasyPrompt to subscribers may be given by means of electronic messages or by a general posting on the Sites or Services.

FAQ

For answers to questions about your EasyPrompt subscription, please visit our help system at http://www.easyprompt.com/faq. For membership or other matters please visit our main FAQ Knowledgebase at http://www.easyprompt.com/help.

The Agreement

This Agreement is governed by the laws of the State of Virginia without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in Virginia legal system in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law or. EasyPrompt expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and EasyPrompt with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EasyPrompt with respect to the Service. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Forums/User Page Account Termination

EasyPrompt and its affiliates reserve the right to terminate your access without refund at any time without notice for any reason whatsoever.

Monitoring Posted Information

EasyPrompt and its affiliates have no obligation to monitor the Storage of Data or the content posted on any User Page. However, EasyPrompt and its affiliates reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EasyPrompt's or any of its affiliates' sole discretion. We do take measures to monitor the information presented as much as possible but are not under obligation to do so.

Downloads and Installations

Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and EasyPrompt will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the EasyPrompt Sites and Services or our third party service providers will create any warranty not expressly stated.

EasyPrompt makes no representation or warranty that:

  1. the Services will meet your requirements
  2. the Services will be uninterrupted, timely, secure, or error-free
  3. any third party provided software, drivers, or other materials are non-infringing, accurate or reliable the results that may be obtained from the use of the Services will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and any errors in EasyPrompt or third party software will be corrected.

The parties have agreed that this Agreement shall be written in English.

Direct questions or notices to EasyPrompt as follows:
By e-mail: support@easyprompt.com

By mail:
EasyPrompt (Term and Conditions)
EasyPrompt
35 W. Bruce St
Harrisonburg, VA 22801

Last Updated: August 2, 2007